DWR_3348366

• Board or Commission: Colorado Ground Water Commission
• Document Type - Board and Commission Meetings: Meeting Document
• Document Date: 11/18/2011
• Subject: MEETING MATERIALS

concern that has been mentioned by the District to-date< and provided a written summary of those issues.
Chairman Coryell called for agenda item no. 10, the Attorney General’s report.
Ms. Jen Mele updated the Commission on the status of several hearings that are before the Hearing Officer.
Chairman Coryell called for agenda item no. 11, Management District Reports
Mr. Nate Midcap, reporting for the Marks Butte, Frenchman, Sandhills and Central Yuma GWMD’s, reported that hail had taken out 250 pivots in his districts. He stated that the Sandhills
Board would hold a hearing on the export request of the RRWCD in 4 to 6 months and have a hearing on proposed new rules immediately after.
Ms. Deb Daniel, reporting for Jack Dowell and the W-Y GWMD, read the report of Jack Dowell. She reported that the chemigation inspections continue and that the crops are looking good
but we need water or they may be lost. She also related that the cattails along the South Fork, West of 385, that were sprayed in July are now dying back.
Rod Mason, reporting for the Arikaree GWMD, reported scattered rains with some heavy, dropping 6 inches at a time. He also reported a lot of hail. Mr. Mason concluded his report with
the big topic of conversation in the District, Bonnie Reservoir. There are a lot of folks upset about the loss of the reservoir and they are writing letters to the paper opposed to
the closure.
Ms. BreAnn Ferguson, reporting for the Plains and East Cheyenne GWMD’s, informed the Commission that she began her position as District Manager the first of August. Ms. Ferguson reported
that the Plains District Board had approved the Leon Silkman application to expand his irrigated acres and that the East Cheyenne Board had okayed the Town of Arapahoe application to
relocate their well.
Mr. Max Smith, reporting for the Southern High Plains GWMD said that it was hot and dry in Baca County, the driest that he can remember, with the South and East being the hardest hit.
He reported that the corn is being cut for silage. Mr. Smith concluded his report with the observation that with the persistent drought, the insect population is rising.
There was no report for the North Kiowa Bijou GWMD, instead, Mr. Wolfe advised the Commission that Robert Loose was recovering from a farming accident.
Mr. Dave Doran, reporting for the Upper Black Squirrel GWMD, echoed the comments of Mr. Vander Horst regarding the meeting between the two. Mr. Doran is looking forward to the next
one for the additional explanation of office procedures. He also stated that the District Board believes there are significant violations occurring on Cherokee Wells 1 thru 8. Mr.
Doran next asked the Commission and staff for any help or advice they could provide on the matter of re-districting and the requirement to do so every ten (10) years. <
Mr. Dave Tausig, reporting for the Upper Big Sandy GWMD, informed the Commission that his District had the opportunity to review the language and is in favor of the statutory amendment
discussed by Mr. Shimmin. He advised the Commission that there will be a hearing regarding the new set of district rules, some of which deal with enforcement, on September 14th. He
concluded his report by asking if staff could arrange a workshop on the election process for all the districts.
Commissioner Davis, noting the repeated mention of questions regarding responsibilities in enforcement actions, suggested that MOU’s between the Districts and the Commission be drafted
which covers all aspects.
Mr. Andy Jones, reporting for the Lost Creek GWMD, said that the District supports the legislation as discussed by Mr. Shimmin.
Ms. Deb Daniel, reporting for the Republican River Water Conservation District, opened her comments by expressing thanks to Mr. Wolfe for his operating procedures of holding public meetings
regarding the Republican River in the Basin, Commissioner Davis for her work with Bonnie Reservoir and Mr. Vander Horst and Ms. Johnson for their work on the permit applications for
supply wells for the construction of the pipeline.
Ms. Daniel stated that the pipeline will be built, the bids are out. She invited the Commission to the ground breaking ceremony on August 28th in Wray. Ms. Daniel also invited the
Commission to hold their 2012 summer meeting in Burlington and attend a ceremonial opening of the pipeline. <
Commissioner Davis asked Ms. Daniel about the status of the conservation group that the Commission had heard from in 2009. She reported that the group has not held any meetings for
a year and half. Commissioner Davis encouraged the local districts to resurrect the conservation effort.
Chairman Coryell called for agenda item no. 12, old business.
12-a
Mr. Pat Kowaleski addressed the Commission on the matter of administration and enforcement of the modified priority system, presenting a written summary of the issue. <He stated that
the legislature recognized the difference between tributary and designated ground water. In tributary areas no injury, not even one drop, is allowed but for the Designated Basins,
statute allows for impairment of the aquifer, though not unreasonable impairment. He also noted that tributary water is handled by a Division Water Court while designated water is
handled by a Designated Ground Water judge in District Court. Mr. Kowaleski stated that the Districts are separate legal entities from the Commission. They promulgate and enforce
their own rules, the Commission is required to comment on the rules but they are district rules. Mr. Kowaleski noted that the Commission and Districts are to act collaboratively on
the management of Designated Ground Water.
12-b
Executive Director Dick Wolfe addressed the Commission on the matter of administration and enforcement of the well permits. Mr. Wolfe broke the enforcement discussion into two categories
of enforcement, permitting (construction and operation restrictions) and administrative (priority system). He said that while the State Engineer has statutory authority to enforce
the permitting aspects of a well permit, his authority to enforce the administration system (priority), is derived from rule making. In the Designated Basins, that rule making authority
lies with the districts. Mr. Wolfe asked Mr. Chris Grimes of staff to explain the permitting enforcement procedures. Mr. Grimes presented to the Commission draft guidelines of the
procedures and steps followed when staff is investigating permitting violations. He noted that though recently put on paper these are the same unwritten guidelines that have been in
use for many years.
Commissioner Clever stated that he found the information provided very helpful in explaining things. He would like to see it developed further and brought back to the Commission.
Chairman Coryell called for agenda item no. 13, new business. There was none.<
Chairman Coryell called for agenda item no. 14, public comment. <Mr. Andy Jones addressed the Commission on behalf of his client Mr. Dean Goss.
Commissioner Mikita asked for information on the proposed pipe line from Lamar to Elbert County. Commissioner Wolfe responded that he had no information that was not in the paper before
proceeding to explain what he understood to be happening. Mr. Mikita then expressed concerns about the Denver aquifer water in Elbert County being piped into El Paso County.
There being no further business the meeting adjourned.
Respectfully submitted,
Richard A Nielsen, P.E.
Secretary to the Ground Water Commission
Ground Water Commission Meeting MinutesPage 9
August 19, 2011
MinutesOf2011-08-19Draft.pdf
PacketMemo2011Nov.docx
</w:t></w:r><w:r><w:rPr><w:rFonts w:ascii="STATE OF COLORADO
GROUND WATER COMMISSION
Division of Water Resources
Department of Natural Resources
1313 Sherman Street, Room 818
Denver, Colorado 80203
Phone [phone] </w:t></w:r></w:p><w:p w:rsidR="00707
FAX [phone]
John W. Hickenlooper
Governor
Mike King
Executive Director, DNR
Dick Wolfe, P.E.
Executive Director
November 8, 2011
MEMORANDUM
TO: Ground Water Commission Members
FROM: Keith Vander Horst, Designated Basins Team
SUBJECT: Upcoming Ground Water Commission Meeting
The upcoming Ground Water Commission meeting is scheduled for 10:00 a.m. on Friday, November 18, 2011 at the Town of Castle Rock Council Chambers, 100 N. Wilcox, 2nd Floor, Castle Rock,
CO 80104. Please find herein enclosed the following:
Meeting agenda
Minutes of the last Commission meeting, Agenda Item No. 3
Staff Activity Report, Agenda Item No. 7
Attorney General’s Report, Agenda Item No. 8
Hearing Officer's Report
Please contact myself or Rich Nielsen if there are any questions.
cc:Commission Staff
Designated Ground Water Management Districts

Memorandum
Upcoming Commission Meeting
Page 2
Upcoming Ground Water Commission MeetingPage 2
August 6, 2010
DENNIS W. CORYELL, CHAIRMAN, Burlington; COREY M. HUWA, VICE-CHAIRMAN, Roggen; GRANT H. BLEDSOE, Wray; VIRGIL VALDEZ, Alamosa;
C. MAX SMITH, Walsh; CAROLYN F. BURR, Denver; LARRY W. CLEVER, Grand Junction; EARNEST L. MIKITA, Calhan; GEORGE H. SCHUBERT, Calhan
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
PacketMemo2011Nov.pdf
QRTSTAT-2011Nov.xlsQRTSTAT.XLS
Print_Area_MI
TABLE 1
DESIGNATED BASINS BRANCH
QUARTERLY ACTIVITY REPORT
C.R.S. 37-90-
BASIN
RECEIVED
ISSUED
KIOWA BIJOU
LOST CREEK
CAMP CREEK
UPPER BIG SANDY
TOTAL
SUMMARY OF APPLICATION ACTIVITY
INCOMPLETE
AP
NP
AU
AR
AD & AW
CHANGE APPLICATIONS
UPPER CROW CREEK
TOTAL RECEIVED
NEW ISSUED
REPLACE ISSUED
NEW RECEIVED
DENIED & WITHDRAWN
NORTHERN HIGH PLAINS
SOUTHERN HIGH PLAINS
UPPER BLACK SQUIRREL CREEK
RESUBMITTED
SMALL CAPACITY PERMITS
REPLACEMENT
CA
CANCELED
LARGE CAPACITY PERMITS
CHANGE OF WATER RIGHT
LARGE CAPACITY PERMITS,
AUGUST 1, 2011 THROUGH OCTOBER 31, 2011
LARGE CAPACITY PERMITS (NEW & REPLACEMENT)
105.00
107.00
111.00
111.00
28.00
23.00
8.00
1.00
1.00
0.00
0.00
0.00
5.00
0.00
22.00
17.00
3.00
238.00
0.00
0.00
0.00
0.00
5.00
0.00
6.00
6.00
1.00
17.00
4.00
2.00
2.00
3.00
1.00
0.00
6.00
4.00
0.00
3.00
1.00
0.00
0.00
0.00
0.00
1.00
8.00
3.00
2.00
4.00
1.00
0.00
0.00
0.00
0.00
0.00
1.00
2.00
0.00
0.00
1.00
0.00
0.00
0.00
0.00
0.00
6.00
6.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
9.00
9.00
0.00
6.00
0.00
0.00
0.00
0.00
0.00
0.00
86.00
70.00
14.00
269.00
8.00
2.00
2.00
3.00
11.00
1.00
86.00
84.00
18.00
13.00
2.00
2.00
271.00
11.00
34.00
20.00
1.00
2.00
11.00
1.00
7.00
4.00
0.00

StaffReport2011Nov.doc

STATE OF COLORADO
GROUND WATER COMMISSION
Division of Water Resources
Department of Natural Resources

1313 Sherman Street, Room 818
Denver, Colorado 80203
Phone [phone]
FAX [phone]
John W. Hickenlooper
Governor

Mike King
Executive Director, DNR

Dick Wolfe, P.E.
Executive Director