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May 10, 2004 MEMORANDUM TO: Ground Water Commission Members FROM: Suzanne M. Sellers, Designated Basins Team SUBJECT: Proposed Language for Discussion and Potential Future Rulemaking Regarding New Appropriations and Expansion of Acres At the last Ground Water Commission meeting on February 24, 2004, the Commission decided to consider a rule change to limit new appropriations in the Northern High Plains (NHP) (Rule 5.2.2). At the meeting, the Commission directed Staff to present them with proposed language for a potential rule change in August of 2004. Staff has also included language that would limit expanded acres (Rule 7.5). The expanded acres language was included because of the concern that irrigators with expanded acres exceed their historic use limitations. Attached is the proposed language for your consideration during the upcoming May 21, 2004 Commission meeting. The proposed rule changes are summarized below: Option 1 for Rule 5.2.2: Clarifies that the Ogallala aquifer within the NHP includes the alluvium as indicated in both the NHP Designation Order and the NHP Designation Report. No new appropriations may be granted that depletes any steam within the Republican River Drainage, absent a replacement plan. Clarifies that a new appropriation may be granted within an overappropriated 3-mile circle with an approved replacement plan, provided that the plan replaces depletions to the any steam within the Republican River Drainage as well as prevent injury to all wells within that 3-mile circle. Option 2 for Rule 5.2.2: Clarifies that the Ogallala aquifer within the NHP includes the alluvium as indicated in both the NHP Designation Order and the NHP Designation Report. No new appropriations may be granted in the NHP, absent a replacement plan. The replacement plan must replaces depletions to the any steam within the Republican River Drainage as well as prevent injury to all wells. Option 1 for Rule 7.5: All future approvals for expanded acres will require that the applicant submit all administrative paperwork to the GWC and the GWMD by Feb 15 of each year unless a paper work extension is submitted. The paperwork extension request and fee ($200) must be received by Feb 15th of each year. All future approvals for expanded acres will automatically expire in 5 years, unless an expanded acres extension request and the extension fee ($200) is received prior to the expiration date. Expanded acres extensions will only be granted to those that have been in compliance with their approval conditions. Those with expired expanded acres approvals may apply to reinstate the expanded acres approval with an application and fee ($480) provided they remedy all reasons for the expiration. Option 2 for Rule 7.5 (and Rule 8): No future expanded acres authorizations would be allowed. Deletion of the reference to expanded acres in Rule 8. cc: Designated Ground Water Management Districts Commission Staff Memorandum Upcoming Commission Meeting Page 2 FRED A. HEFLEY, CHAIRMAN, Walsh; JON B. BROWNELL, VICE-CHAIRMAN, Hooper; EUGENE A. BAUERLE, Julesburg; ANNE J. CASTLE, Denver; DENNIS W. CORYELL, Burlington; MICHAEL GROSS, Silt; RICHARD F. HUWA, Keenesburg; F. W. (BILL) KERKSIEK, Strasburg; ERNEST L. MIKITA, Calhan EARNEST L. MIKITA, CHAIRMAN, Calhan; C. MAX SMITH, VICE-CHAIRMAN, Walsh; EUGENE A. BAUERLE, Julesburg; LARRY W. CLEVER, Grand Junction; DENNIS W. CORYELL, Burlington; RALPH G. CURTIS, Alamosa; RICHARD F. HUWA, Keenesburg; FRANK P. JAEGER, Elizabeth; ROBERT R. LOOSE, Wiggins Memorandum Proposed Rule Language Page 2 SDI14YrP.pdf StaffReportMay04.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 May 7, 2004 MEMORANDUM TO: Hal D. Simpson, Executive Director - Ground Water Commission FROM: Suzanne M. Sellers, Designated Basins Team SUBJECT: Staff Activity Report for February 1, 2004 through April 30, 2004 AGENDA ITEM # 8 Various activities performed during the last quarter are briefly described below. New and Replacement Applications Table 1 provides a breakdown, by basin, of permitting activity for the last quarter. The following permit activities were performed: Small capacity: 196 small-capacity well applications were received 168 small-capacity well permits were issued Large Capacity: 54 large-capacity well or Determination of Water Right applications were received 73 large-capacity well permits or Determination of Water Rights were issued Table 2 shows the current status of new and replacement permit applications for the large-capacity wells. Change Applications Table 3 provides the current status of the change applications. During the last quarter the following change application activities occurred: 24 new applications were received; 22 change applications were approved; and 68 applications are currently in different stages of processing, including 20 in initial processing, 4 in publication, and 44 in hearing (including for 39 for Eagle Peak Farms) as shown in Table 3. Final Permit Activities Nine Final Permits for alluvial wells remain in the Northern High Plains. The Final Permits in Upper Crow Creek are completed and have been mailed out. In the Southern High Plains, the owners of all wells located outside of the management district have been contacted by phone and letter. Below is a summary of the Final Permit Activity for the last quarter. In addition to the information presented below, 10 permits were either cancelled or expired at the request of the well owner Basin Final Permit Progress To Date Activity This Quarter Total Number of Permits Total Final Permits Issued Percent Complete Percent Clarified Requests for SBUs* Permits Clarified Permits Published Final Permits Issued Misc. Contacts** Northern High Plains 4369 4360 99.8% 100% Upper Crow Creek 101 101 100% 100% 1 101 Southern High Plains 1268 25 2% 10% 39 63 42 21 53 * This field tracks only the first request for a Statement of Beneficial Use (SBUs). ** This field tracks meetings with the irrigators, telephone conversations, second and third requests for SBUs and other correspondence such as corrections to a previously submitted statement, reminders to return an amended statement or a request for a change in ownership form. Objections/Hearings Pending hearing cases are listed in the Hearing Officer's report. The Staff took part in pre-hearing conferences or otherwise spent time trying to resolve or otherwise work on the hearing cases related to following applicants. The Eagle Peak Farm applications are currently in Adams County District Court and the Gallegos Curtailment Request is currently in Weld County District Court. The Booker application has been appealed and will be heard at the May 2004 Commission Meeting.