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Rulemaking hearing on allowing additional appropriations of existing wells completed in multiple aquifers in Designated Basins where ground water is available for appropriation by Suzanne Sellers - Ms. Tanya Light, of the Attorney General’s Office representing staff, discussed the legal requirements of the rule change. Ms. Sellers discussed the impetus and substance of the rules. The proposed amendments to the rules were to Rule 5.2.1, 5.2.3, 5.2.8, and 5.2.9. Mr. Doug Melcher, from the Southern High Plains Ground Water Management District, reported that his district supports the rule change. Commissioner Clever made a motion to approve the amendments to the rules as published. The motion was seconded by Commissioner Smith and passed unanimously. Staff Report by Suzanne Sellers - Ms. Suzanne Sellers presented the Staff Activity Report for the last quarter that was included in the packets. She reported on new and replacement applications, small capacity well permits, large capacity permits, change applications, final permitting activities, pending and completed hearings, and enforcement actions. Ms. Sellers stated that Mr. Dave McElhaney will be taking over Mr. George Van Slyke’s position on the Commission, who retired in December 2003. Discussion ensued on the Schubert Ranches curtailment hearing being conducted by the Upper Black Squirrel GWMD, which has been scheduled for June 3, 2004. Report of the Attorney General by Tanya Light – Ms. Light reported that the matters that the Attorney General’s Office is involved in was included in a report in the packets, and also stated that there will be a hearing with the Upper Black Squirrel Ground Water Management District. Ms. Light reported that there were two cases that were set to be heard today and were withdrawn, so the initial ruling of the Hearing Officer became the Final Order of the Commission. Mr. Simpson added that Matt Poznanovic will be leaving the Attorney General’s Office for private practice and that this was his last meeting. Management District Reports - Chairman Mikita called for the Management District reports. Mr. Aaron Nein reported from the Frenchman, Sandhills, Marks Butte and Central Yuma Ground Water Management Districts. Mr. Nein reported that they finished up the static water level measurements of his four districts and he provided a preliminary report of the measurements. The largest decline was 6.4 feet. Mr. Simpson noted that the measurements performed by the Ground Water Management District are compensated for by the State Engineer’s Office. Mr. Jack Adams, from the W-Y Ground Water Management District, reported on the water level measurements of the irrigation wells in his district and the inconsistencies and fluctuations in results based upon who was performing the measurements. There was no report from the Arikaree Ground Water Management District. Mr. Stan Murphy, from the Plains and East Cheyenne Management Districts, reported on water level measurements in his districts and their process for elections for board members. Mr. Doug Melcher, reporting for the Southern High Plains Ground Water Management District, introduced two board members from Springfield, and stated that they worked on the proposed rule, term limit elections, water level measurements, and SB-118. Commissioner Loose, reporting for the North Kiowa-Bijou Ground Water Management District, thanked the Commission for their support of irrigation wells that were out of compliance. There was no report from the Upper Black Squirrel Creek Ground Water Management District. Mr. Dave Taussig, reporting for the Upper Big Sandy Ground Water Management District, stated that Don Nichols resigned from the district after 30 years. He stated that he agrees that the election problem needs clarification. Their district is setting aside money to perform a water study and will be sending out RFP’s for a geologic and hydrologic study of water that is available in their aquifer. Ms. Cheryl Wailes, from the Lost Creek Ground Water Management District, reported on problems with rules on elections and agreed that clarification is needed. The District settled with Eagle Peak and Sweetwater and they are no longer part of these cases. Old Business – Discussion on the issuance of new appropriations within the Republican River Basin by Hal Simpson – Mr. Simpson stated that under the settlement stipulation in the Republican River lawsuit, it is not necessarily required that the Commission impose a moratorium at this time, the existing rules are appropriate. The question is whether new well permits can be granted and, if not, the rules should be amended accordingly. The Republican River Committee is dealing with short-term and long-term issues to prevent compact violation; shutting off wells will not be the solution. Discussion ensued by the Commission members and others from the audience regarding adopting a moratorium on new wells and starting the rulemaking process. It was agreed that it does not make sense to grant new permits in an area that is already over-appropriated. Mr. Pat Kowaleski, of the Attorney General’s Office, suggested reviewing the rule for an amendment to allow a moratorium and hold a public rulemaking hearing. He stated that the Commission couldn’t act on this issue today and allow for public discussion since it was not included on the agenda. Mr. Simpson suggested that this issue be properly noticed for the May meeting. Mr. George affirmed that that this is major public policy and he would be uncomfortable with any expedited process, however, the Commission can start with the routine rulemaking process. He stated that the pubic that will be affected need to be made aware of this as it would have an affect on the communities. Mr. Fronczak stated that language will be drafted by working with the districts, and it can be brought to the May meeting. The rulemaking process can start at the August meeting. New Business – Mr. Simpson inquired the Commissioners regarding testifying and taking a position in support of SB-118. The concern is that some of the water conservancy districts feel this would set a precedent that land owners could opt out of conservancy districts. Mr. Shimmin reported that he wrote amendments that this bill would only apply to only non-tributary designated basins. He asked the Commission members to contact their Senators and Representatives in support of this bill. Commissioner Coryell made a motion to authorize the State Engineer to testify in support of the bill; Commissioner Bauerle seconded the motion. Mr. George added that Mr. Simpson be given latitude for amendments. The motion was modified to authorize the State Engineer to exercise discretion with regard to any proposed amendments with regard to the legislation. The motion passed. Commissioner Clever noted for the record that he abstained from voting on this motion. Next Meeting - The next meeting is scheduled for Friday, May 21, 2004, in Denver. The meeting adjourned at 11:15 a.m. Respectfully submitted, Marta Ahrens Secretary to the Ground Water Commission Ground Water Commission Meeting Page 5 February 24, 2004 PacketDistrictMay04.doc STATE OF COLORADO GROUND WATER COMMISSION Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 Bill Owens Governor Russell George Executive Director, DNR Hal D. Simpson, P.E. Executive Director