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consolidate this case with 08GW71, the replacement plan application by Cherokee and Meridian Service Metropolitan District, and09GW03, another application for determination of water right (discussed below). This motion was denied by the hearing officer. Status: The hearing officer will set the matter for a hearing. 5 DANIEL AND THERESA FARMER ET AL. Case No. 09-GW-03 Designated Basin: Upper Black Squirrel Creek Management District: Upper Black Squirrel Creek Before: Jody Grantham, Hearing Officer Attorney: This case involves the determination of water right in the Laramie-Fox Hills aquifer. An objection was filed by Cherokee Metropolitan District. The applicant moved to consolidate this case with 08GW71, the replacement plan application by Cherokee and Meridian Service Metropolitan District, and 09GW02, another application for determination of water right (discussed above). This motion was denied by the hearing officer. Status: The hearing officer will set the matter for a hearing. YOKAM LAND HOLDINGS, LLC Case No. 09-GW-04 Designated Basin: Lost Creek Management District: None Before: Jody Grantham, Hearing Officer Attorney: This case involves an application for six new appropriations in the alluvial aquifer for irrigation and export for municipal purposes. An objection was filed by Morgan County Quality Water District, which has moved (with Staff’s consent) to stay the application pending the Commission’s consideration of its petition to amend Rule 5.2.5.2 so as to declare the Hay Gulch subdivision overappropriated. The applicant opposes the motion. The hearing officer granted a motion (consented to by all parties) by Lost Creek Land & Cattle Company, allowing it to intervene in the case. Status: The matter has been stayed, upon consent by the Applicant, until resolution of the petition seeking to have the Commission enact a rule declaring the Hay Gulch portion of the basin (in which the new appropriations are located) to be over-appropriated. PV WATER II Case Nos. 09-GW-5 through 10 Designated Basin: Lost Creek Management District: Lost Creek Before: Jody Grantham, Hearing Officer Attorney: Jen Mele This is an application for change of type and place of use of wells. Two objections were filed. Applicants have stipulated with the objectors and has moved for a remand to Staff. Status: The hearing officer must rule on the motion for remand. 6 MERIDIAN SERVICE METRO DISTRICT Case No. 09-GW-11 Designated Basin: Upper Black Squirrel Management District: Upper Black Squirrel Before: Jody Grantham, Hearing Officer Attorney: Jen Mele This is an application for a determination of water right. Two parties have filed objections. Status: The hearing set for October 20, 2009 was vacated and is now set for February 25 and 26, 2010. HAY GULCH PETITION FOR RULEMAKING Case No. 09-GW-12 Designated Basin: Lost Creek Management District: Lost Creek Before: Jody Grantham, Hearing Officer Attorney: Jen Mele This is an application for a rulemaking to amend rule 5.2.5.2 to make the main stem of Lost over-appropriated and to require replacement plans for new large capacity wells. Status: This matter is set for hearing March 15-19, 22-24 and 30-31, 2010. LOST CREEK (MAIN STEM) PETITION FOR RULEMAKING Case No. 09-GW-13 Designated Basin: Lost Creek Management District: Lost Creek Before: Jody Grantham, Hearing Officer Attorney: Jen Mele This is an application for a rulemaking to amend rule 5.2.5.2 to make the Hay Gulch basin over- appropriated and to require replacement plans for new large capacity wells. Status: Applications for party status are due October 30. The hearing officer will set a hearing. CastleRockMap.pdfhttp://www.mapquest.com/maps?city=Castle+Rock&state=co&address= All rights reserved. Use subject to License/Copyright Map Legend Directions and maps are informational only. We make no warranties on the accuracy of their content, road conditions or route usability or expeditiousness. You assume all risk of use. MapQuest and its suppliers shall not be liable to you for any loss or delay resulting from your use of MapQuest. Your use of MapQuest means you agree to our Terms of Use Page 2 of 2Map of 100 Wilcox St Castle Rock, CO by MapQuest 11/10/2009http://www.mapquest.com/maps?city=Castle+Rock&state =co&address=100+N+Wilcox ... EnforcementItemsandActionsAug-Nov.docx Enforcement Items and Actions Enforcement actions performed by staff this quarter are summarized below: NORTHERN HIGH PLAINS Arikarre GWMD Following an enforcement action taken against Chester Wieser for irrigating illegally expanded acres, Mr. Wieser applied to expand his irrigated acres. His application for expanded acres has been approved. He is now required to have a third party read the meter installed on the well irrigating the expanded acres and submit the pumping reports to our office. We will perform a field inspection next spring to verify that Mr. Wieser has met the conditions of approval laid out in his Expanded Acres Authorization. < KIOWA-BIJOU Roy and Joyce Leake have responded to Staff’s show cause letter regarding their use of a small capacity well, permitted for domestic purposes, in a commercial business (poultry operation). The Leakes are currently hauling water for their operation and not using the small capacity well for unpermitted uses. Staff inspected the operation to verify their claims and violation was identified. At this time the enforcement action is closed. North Kiowa Bijou A show cause letter was sent to Freund Investments LLC after the North Kiowa Bijou GWMD district reported the company has been using large capacity wells without a permit. The wells in question were permitted at one time, but were canceled last year. Staff is awaiting their response. HOReport2009-11-20.pdf 1 Hearing Officer’s Report Colorado Ground Water Commission November 20, 2009 Summary of pending adjudicatory matters. Box Elder Creek Designation Case No. 06GW23 Status: Matter still pending before District Court on Appeal Cherokee Metropolitan District (Denver Basin Lease Cases) Case No. 05GW15 through 05GW17, Upper Black Squirrel Ck basin Hearing Officer decision issued and appealed to Commission. Setting before Commission for briefing and oral argument pending. Cherokee Metro & Meridian Svc. Dist (Replacement Plan Case) Case No. 08GW71, Upper Black Squirrel Ck basin Case was consolidated with Case No. 08GW78, and other change case filings on Wells 9 through 12 on September 17, 2009. All cases set for continued hearing on January 11, 13, 14, 19 through 21 and 25 through 28, 2010. Cherokee Metropolitan District Case No. 08GW78, Upper Black Squirrel Ck basin See Case No. 08GW71 above. Duncan, Mildred Case No. 09GW01, Upper Black Squirrel Ck basin Case stayed pending determination of ownership issues between the parties. Farmer, Edna I, Daniel and Teresa Case Nos. 09GW01 through 09GW03, Upper Black Squirrel Ck basin Cases pending setting upon completion of Cherokee Replacement Plan cases. Kroskob & Urich (Petition to amend boundaries of Kiowa-Bijou basin) Case No. 07GW19, Kiowa-Bijou basin Appealed to District Court and pending setting before the court. Lost Creek Rule Making (Hay Gulch) Case No. 09GW12, Lost Creek basin Fact Finding Hearing set for March 16 through 19, 22 trhough 24, 30 through 31, 2010. Lost Creek Rule Making (Main Stem) Case No. 09GW12, Lost Creek basin Rulemaking published. Setting conference for Fact Finding Hearing pending. 2 Meridian Service Metropolitan Dist. (Change in determination of water right) Case No. 09GW11, Upper Black Squirrel Ck basin Hearing in October of 2009 vacated and re-set for February 25 and 26, 2010. Morley Howard Investments LLC (Change in determination of water rights) Case No. 07GW02, Upper Black Squirrel Ck basin Awaiting decision from Management District on export issues. Palmer, Glenn (Final Permitting) Case Nos. 07GW38 and 39, Kiowa-Bijou basin Objector orally withdrew objections. No formal written withdrawal has been received. Order of hearing officer pending to remand to staff. PV Water II LLC (Change in water rights) Case Nos. 09GW05 through 10, Lost Creek basin Hearing scheduled for November 4 and 5, 2009, was vacated as the parties reached a stipulation. Springs East Airport, Inc. (Change in water right) Case No. 07GW69, Upper Black Squirrel Ck basin Commission upheld Hearing Officer decision. On appeal to district court and pending setting. Upper Spring Creek (Petition to designate new basin) Case No. 09GW14 Petition published. Setting conference scheduled for November 24, 2009, at 10:00 a.m. Woodmen Hills Metro Dist. (new appropriations and replacement plan) Case No. 03GW20, Upper Black Squirrel Ck basin Application sent back to applicant in summer of 2009. Awaiting resubmittal. Yokam Land Holding LLC (Applications for new water rights) Case No. 09GW04, Lost Creek basin Stayed pending Lost Creek Rulemaking Dated this 10th day of November, 2009 MinutesAugust2009.docxMINUTES MINUTES THIRD QUARTERLY MEETING COLORADO GROUND WATER COMMISSION AUGUST 21, 2009 The Third Quarterly Meeting of the Colorado Ground Water Commission took place on August 21, 2009, at Castle Rock Town Hall, 100 N Wilcox, Castle Rock, Colorado. Chairman Max Smith called the meeting to order at 10:00 a.m. Mr. Rick Nielsen called the roll and determined that a quorum was present. Commission members present were Carolyn Burr, Dennis Coryell, Corey Huwa, Earnest Mikita, George Schubert, Doug Shriver, Max Smith, Alex Davis, Dick Wolfe and Ted Kowalski for Jennifer Gimble. Staff members present were Kevin Rein, Keith Vander Horst, Rick Nielsen, Chris Grimes, David Keeler, Jim Martin, and Jay Bloomfield. Also present were Jody Grantham, Hearing Officer, Pat Kowaleski, A.G. for the Commission and Devin Odell, A.G. for staff. Review and Approval of Agenda Items – the agenda was approved as proposed. Approval of Minutes for Meeting of May 15, 2009 Chairman Smith asked if there were any corrections or additions to the minutes. There being none<, Commissioner Burr moved to approve the minutes as amended. Commissioner Shriver seconded the motion which carried unanimously. Biennial Election of Chair and Vice-Chair Commissioner Clever nominated Commissioner Coryell for chairman. Commissioner Shriver seconded the nomination. Commissioner Shriver moved to close the nominations and that Commissioner Coryell be elected by acclamation. Commissioner Clever seconded the motion which passed unanimously. Commissioner Clever nominated Commissioner Huwa as Vice Chairman. Commissioner Coryell seconded the nomination. Commissioner Shriver moved to close the nominations and that Commissioner Huwa be elected by acclamation. Commissioner Clever seconded the motion which passed unanimously. Report of the Executive Director by Dick Wolfe Mr. Wolfe advised the Commission that commissioners Bledsoe, Huwa and Mikita had been reappointed to the Commission. Mr. Wolfe began his statewide updates by noting that the water supply was good throughout the state, especially in the North East portion, the South Platte River and Republican River Basin. The reservoirs statewide are full, setting the State up well for next year. The annual Republican River Compact administration meeting was held in Lincoln Nebraska on August 12. Part of that meeting was a continuation of the April 28th special meeting concerning the approval of the Compact Compliance Pipeline. Again, the pipeline/augmentation plan did not receive approval <due to concerns of Kansas and Nebraska. Because the plan submitted is considered to be the best plan the committee can come up with we will be invoking binding arbitration today. It is hoped that continuing discussions with Kansas and Nebraska will resolve the issues before the arbiter makes his decision, probably no later than February. On the matter of staffing the Republican River well administration and compact compliance team, Mr. Wolfe advised the Commission that examinations had been finished and interviews were being set for the third of four positions on the team, this one for water commissioner. Mr. Wolfe informed the Commission that Bonny Reservoir continues to be monitored to strike a balance between compact compliance and recreational use. He also stated that almost 6,000 acre-feet have been released from the reservoir since last August. Mr. Wolfe concluded his comments on the Republican River Basin by advising the Commission that there are ongoing meetings in the basin to answer questions and keep the people informed on the status of the pipeline project. In Water Division 2, the Arkansas River Basin, Mr. Wolfe reported reaching a final agreement with Kansas on the last remaining issue, being the adequacy of the Compact Compliance Well Use Rules. After twenty four (24) years in litigation there is a final decree in place. There is hope that remaining issues can be worked out through Compact Administration process. Regarding the Irrigation Improvement Rules, the final advisory will be on September 21st. There are ongoing meetings with Kansas to address their concerns. It is hoped that the Rules can be submitted to the Water Court in September or October with the effective date of January 1, 2011. In Water Division 3, The Rio Grande Basin, there have been monthly meetings of the advisory group to provide input on drafting the Well Use Rules. Great progress has been made and it is hoped that a draft set will be completed by the end of the year. The plan of water management for sub-district one is set for trial before the Water Court in late September or early October. Mr. Wolfe finished his report by addressing budget and personnel issues. Mr. Wolfe said that the Governor’s plan to address the budget shortfall has had an impact on the Division of Water Resources. The Division gave up six (6) positions because of budget cuts. Unless alternative revenue can be found, these staff reductions will become permanent. In the interim the Division is able to maintain the status quo by using the savings from the 35 positions held vacant due to the hiring freeze. Because of the shortfalls and underfunding the Division will need to keep 20 of the 35 positions vacant for the remainder of this year and next year. Mr. Shimmin asked Mr. Wolfe to address the possibility of Bonny Reservoir being closed due to budget shortfalls. Mr. Wolfe deferred the answer to Commissioner Davis. Commissioner Davis advised that three of the positions at the park will be let go and the fourth will be reduced to a half-time position. However due to contracts with the Federal Government and liability issues associated with a State Park, hours of operation for public access will be severely reduced. Chairman Coryell called for agenda item no. 6, being the presentation of the Colorado Geological Survey’s final report of the Upper Black Squirrel Creek Basin Aquifer Recharge and Storage Evaluation by Ralf Topper. Mr. Topper opened his remarks by stating that the specific purpose of the study was to identify locations for possible storage and recharge of the alluvial aquifer. He stated that all streams within the Basin are ephemeral, flowing from North to South only after a storm event. The study found that there are 167 square miles of alluvium present ranging from a few feet to 215 feet in depth. Depending on location water levels are declining rapidly, remaining steady or even rising. Calculations, conducted in ten year increments from 1964 to 2004, have shown that over the past forty (40) year period the 1230 alluvial wells in the Basin have withdrawn 60,000 acre-feet of water. The saturated portion of the aquifer extends from a few feet to 110 feet. Applying the storage coefficient results in 475,000 acre-feet of water in storage. The unsaturated portion, that part of the aquifer that the study is interested because it provides storage capacity, varies from a few feet to 174 feet. Applying the storage coefficient equates to 605,000 acre-feet, however that is ideal. If storage were started at 50 feet below ground surface there is storage capacity for 218,000 acre-feet, at 75 feet below ground surface 88,000 acre-feet and at 100 feet below ground surface 26,000 acre-feet of storage capacity. The most important criteria to look at to implement a project is land use, land ownership (public vs. private) and available infrastructure (water supply distribution lines). The Black Squirrel Creek Basin has large tracts of public land and available infrastructure. Mr. Topper concluded by saying that the alluvial aquifers are the best candidates for storage. They have greatest storage capacity and they are amendable to numerous implementation technologies. He went on to say that Designated Basins represent the best opportunities for storage because of their legal structure. Referring to the Statewide Water Study Initiative, he stated that according to the study the Front Range of Colorado will need an additional 500,000 acre-feet of water in the next twenty (20) years. That water brought to the Eastern slope by pipeline will need additional storage and suggested that the alluvial aquifers in Designated Basins could store that water. Mr. Topper believes the Ground Water Commission has the regulatory authority and the management structure through the Management Districts to make a project like this happen. He encouraged the Commission to pursue such a project. Chairman Coryell called for agenda item no. 7, being a proposed resolution by the Colorado Ground Water Commission recognizing the creation of a task force dedicated to securing the long-term sustainability of the Ogallala Aquifer in the Republican River Basin. Commissioner Davis provided the background for the idea of a task force, its make-up and function. She stated that the Commission would adopt the resolution creating the task force to lend it structure and form and to allow for Commission staff to provide support to the task force. The members of the panel should be residents of the area, users of the resource, Management Districts and the Conservation District. The panel would be charged with any number of tasks, starting with sustainability. <She said that the resolution before the Commission at this time is a draft for discussion only and to take home to discuss with the people. Mr. Troy Snyder, representing the Republican River Watershed Association, a group of eight conservation districts in Eastern Colorado, addressed the Commission. He said that the idea of the task force came from the watershed and that he was having trouble forming it. He identified various supporters. The purpose of the task force in his mind is to bring all of the players together and become proactive rather than reactive. Mr. Snyder answered questions of the Commission. Commissioner Davis talked about the need for a similar task force in each state that the Ogallala overlies or one for the whole aquifer. Commissioner Coryell talked about the diversity of the Northern High Plains and how difficult it would be to get a consensus since conservation means something different to each area of the basin. Commissioner Smith asked why the task force was limited to the Republican Basin when the Ogallala covers a larger area. Commissioner Davis responded that they are not limiting it but that this is the area where the discussion started and where she has been focused because of the compact issues. She also said that everyone’s input is important but they do not want too unwieldy of a group. Mr. Nate Midcap, Representing Sandhills, Frenchman, Marks Butte and Central Yuma GWMD addressed the Commission. He stated that his districts are undecided about the resolution at this time but hopes that the Commission will address the districts concerns and abide by what the districts would like to see done.< Ms. Tracy Bentley, representing the Colorado Agricultural Preservation Association or CAPA addressed the Commission. CAPA is very supportive of the idea and think that it is necessary. Mrs. Deb Daniels, representing the Plains and East Cheyenne GWMD”s addressed the Commission. Her districts have the same concerns as those of Mr. Midcap and stated that they need a lot more information and discussion about the idea. The districts feel that there is already an organization, The Republican River Watershed Advisory Committee, which they believe is already looking into sustainability and they wonder why another group is needed. Mr. Jack Dowell, representing the W-Y GWMD addressed the Commission. He said that his district agrees with Mr. Midcap and Mrs. Daniels. They will not take a position until after further discussion. After discussion on framing and operation of the task force, October 31, 2009 was set as the deadline for comments from interested parties. Chairman Coryell called for agenda item no. 8, a Hearing on the request by Birdsall Young for a Variance to Rules 7.5.3 and 7.10.2. Mr. Tim Buchanan, representing Mr. Young provided a history of the permitting of the well and the historical farming practices. Mr. Keith Vander Horst, Commission staff, stated that staff does not disagree with the facts or issues as presented by Mr. Buchanan. He stated that Mr. Young submitted his variance request at the suggestion of staff. There being no other evidence presented Chairman Coryell closed the hearing. Commissioner Clever moved to approve the request for a variance to Rule 7.5.3 and to Rule 7.10.2. Commissioner Huwa seconded the motion which passed unanimously. Chairman Coryell called for agenda item no. 9, being a petition of Lost Creek Land and Cattle Co., Equus Farms, Inc., and the Lost Creek Ground Water Management District that the Commission initiate the process to amend Rule 5.2.5.2 so as to determine that the northern portion of the Lost Creek main stem drainage within the Lost Creek Designated Ground Water Basin is over-appropriated. Mr. Mike Shimmin, representing Lost Creek Land and Cattle Co. addressed the Commission. Using a power point presentation Mr. Shimmin described the area of concern and the location of the major land holders. He stated that the petition was in response to applications for new appropriations that had been filed. After describing the cooperative path that led to the filing of the petition, Mr. Shimmin presented hydrographs of wells in the area that showed declines n the water table for the past 10 to 15 years. He also advised the Commission that wells owned by his client require adjustment towards the end of the season because they begin to pump air. In conclusion, Mr. Shimmin requested the Commission to approve the petition, direct the Hearing Officer to conduct a fact finding hearing and then they would make the final decision. Mr. Mike Browning, representing Equus Farms, addressed the Commission. Mr. Browning stated that his client wants to be proactive and that the process as proposed by Mr. Shimmin is appropriate. Mr. Keith Vander Horst, representing staff addressed the Commission. He stated that the evidence indicates the water level may be declining and that it would be appropriate to send it to the Hearing Officer for findings of fact. Responding to a question from Commissioner Kowalski, Mr. Vander Horst stated that this petition probably could not be combined with the one for Hay Gulch because of different geology and interested persons among other things. Mr. Steve Larson, representing Yokum Land Holdings addressed the Commission. He stated his belief that the proposed method is appropriate and that he would like to see the two petitions kept separate for the reasons outlined by Mr. Vander Horst. Commissioner Shriver moved to direct the Hearing Officer to conduct a fact finding hearing. Commissioner Schubert seconded. The motion carried unanimously. Chairman Coryell called for agenda item no. 10, being a petition by the Northern Colorado Water Association to initiate the process to create a new designated ground water basin to be known as the Upper Spring Creek Designated Ground Water Basin in Larimer County. Mr. Bill Fischer, representing the Northern Colorado Water Association addressed the Commission. Mr. Fischer opened his remarks by describing the service area and the number of residents effected. The proposed basin is approximately 12 square miles in size and the wells are located approximately forty (40) miles north of the South Platte River. He informed the Commission that they currently have an application before the Division 1 Water Court for approval of a plan of augmentation and that the office of the State Engineer has been approving Substitute Water Supplies plans since the demise of GASP. Mr. Fischer stated that they believe and are prepared to demonstrate that the ground water in the proposed basin meets both statutory definitions of Designated Ground Water. He concluded by requesting that the petition process proceed and publication occur. Mr. Fischer answered questions by the Commission. Mr. Keith Vander Horst, representing staff confined his comments to the process of designating a new basin. He advised the Commission that it appeared the applicant had addressed all the items as set forth in statute. He suggested that if they chose to proceed they may want to consider assigning a fact finding hearing to the Hearing Officer. Mr. Pat Kowaleski, Conflicts Council for the Commission, outlined for the Commission the statutory process for designating a ground water basin. There were no public comments on the petition. Commission Huwa moved to initiate the proceeding for the process. Commissioner Clever seconded the motion. The motion carried unanimously. Commissioner Burr moved that after publication the Hearing Officer hear the petition. Commissioner Mikita seconded the motion. The motion passed unanimously. Chairman Coryell called for agenda item no. 11, the staff report. Mr. Keith Vander Horst reviewed the staff activity report as submitted. He reminded the Commission that Mr. Chris Grimes spends most of his time helping the Republican River Team and that Ms. Sandy Johnson is helping evaluate exempt applications throughout the state. Chairman Coryell called for agenda item no. 12, the report of the Attorney General’s Office. Commissioner Davis advised the Commission that Mr. Devin Odell had been appointed a District Court Judge in Ft. Collins. Ms. Davis commended Mr. Odell for his service to the Ground Water Commission staff and the Department of Natural Resources in general. Mr. Odell addressed the Commission saying that it had been a pleasure working with the Commission. He said that he found Designated Ground Water law interesting and challenging. He praised the Commission and staff for their dedication. Chairman Coryell called for agenda item no. 13, Management District Reports. Mr. Nate Midcap, reporting for the Marks Butte, Frenchman, Sandhills and Central Yuma GWMD’s, reported that his districts had received twelve (12) to fifteen (15) inches of rain so far this year and that the wells were not running much. He said that a couple of areas in his districts got hailed out. Mr. Midcap reported completing 625 chemigation inspections leaving 300 to perform. He told the Commission that Mr. Dave Keeler had helped resolve a complaint about waste of water. Mr. Jack Dowell, reporting for the W-Y GWMD reported that his district had also received a lot of rain and hail and that the hail had devastated a lot of fields. He should have his chemigation inspections finished next week. Mr. Dowell reported that the wheat crop varied from good to great and that the sugar beet harvest will begin in early September. Regarding the removal of the Russian Olive and Salt Cedar. They have cleared 234.8 acres on the North Fork and 17.65 acres on the South Fork of the Republican. They continue to work on the Arikaree and other areas in the basin. He has heard only good comments on the results of the project. Mr. Rod Mason, reporting for the Arikaree GWMD advised the Commission that as the new District Manager he has been spending his time getting acquainted with the people. He reported that parts of his district had received up to thirty (30) inches of rain. Mr. Mason reported that his district is concerned about the compact compliance and would like to see more