DWR_3353962

• Board or Commission: Colorado Ground Water Commission
• Document Type - Board and Commission Meetings: Meeting Document
• Document Date: 2/15/2013
• Subject: MEETING MATERIALS

the applicant submitted requests for variances to Rules 7.3.1, 7.3.2 and 7.3.4. The variance to Rule 7.3.4 would allow the change without regard to the three mile radius circle test.
The variance to Rule 7.3.1 would allow the change without consideration of the historical withdrawals and depletions to the aquifer. The variance to Rule 7.3.2 would allow the change
without comparing the saturated thickness of the two sites or the amounts of water physically divertible at the two sites. Rule 11.1.1 states when the strict application of any provisions
of the rules would cause unusual hardship, the Commission may grant a variance if it finds the request justifiable. The applicant’s support of the variance and justification of unusual
hardship is summarized as follows. 1. The well has essentially collapsed due to clay soil conditions in the aquifer. It operates only intermittently, and is believed will not be operational
by the end of the irrigation season. When this happens the Hardwick’s will not be able to irrigate one of their four Staff Comments on Hardwick variance request Page 2 February 15,
2013 GWC Meeting circles, cutting 25% of irrigation of pastureland, resulting in a 25% loss of total production and income for three Hardwick families. 2. Test holes within 300 feet
of the existing well show the same aquifer characteristics as the existing well location. The applicant’s consultant has recommended relocating the well 1.1 miles to the south-east
to avoid poor soil and aquifer conditions. 3. The decrease in withdrawals was a result of infrastructure failure, not a lack of available water in the aquifer. 4. The proposed location
would move the well to a location approximately 1.6 miles from the one existing well that is currently approximately ½ mile from the well, and the owner of that existing well indicates
he is in support of this change. 5. There are no viable sources of replacement water; therefore a replacement plan is not an option. 6. The Central Yuma Ground Water Management District
stated it will not object to the change. 7. The well infrastructure has been failing, and withdrawals and depletions have been decreasing over the past 10 years or more. Thus, performing
a Rule 7.3.1 historical use analysis using the 10 most recent years per Rule 7.10.1 would result in less water available under the change than historically occurred prior to the 10
most recent years. The variance request was published along with the application on December 19 & 26, 2012. Objections were received from the following parties:  Allen & Denise
Zuege, who claim they own a well in the N1/2 of Section 8  Norman & Diane Hays, who claim ownership of well permit no. 23217-FP and who state they utilize Black Wolf Creek and springs
that feed Black Wolf Creek  Benny & Diana Cantrall, who state they utilize Black Wolf Creek and springs that feed Black Wolf Creek The Central Yuma Ground Water Management District
did not formally object, but requested party status for the hearing on the variance request. Staff notes the following items which the Commission may wish to consider: a. Per the
three mile radius circle test of Rule 5.2.2 at the proposed location the aquifer is over appropriated. b. There are no large capacity wells within one-half mile of the proposed location
not owned by the applicant. c. Objector Hay’s well (permit no. 23217-FP) is within 3 miles of, and is closer to, the proposed location than the existing permitted location. d. The
well referenced by the applicant that is approximately ½ mile from the existing permitted location is located in the N1/2 of Section 8 and is owned by opposer Zuege Staff Comments on
Hardwick variance request Page 3 February 15, 2013 GWC Meeting (permit nos. 20207-FP and 20208-FP). The proposed location would be approximately 1.6 miles from the Zuege well. e.
The proposed changed location would move the well approximately 1 mile closer to springs in Section 11 that are shown on the USGS topographic maps that would support flows in Black
Wolf Creek. The physical impacts of the move on the springs have not been analyzed, and legal relationships between the designated ground water and surface flows are uncertain. f.
A pump test report for the well was conducted on November 11, 2009 for purposes of complying with the Republican River Well Measurement Rules. Along with the application the applicant
has submitted a report of a pump test conducted on October 13, 2011. The 1978 well construction report and the 2009 and 2011 pump test reports reveal both the pumping rates and water
levels have fallen, as shown below. Pumping Static water Pumping water Rate (gpm) level (ft) level (ft) 1978 805 124 197 2009 376.6 n/a 252 2011 384.3 146 253 g. The applicant
states reduction in well yield is due to a “collapse” of the well and well “infrastructure failure”. While the condition of the well’s casing is unknown, the lowering of the water
table has certainly contributed to the reduction in yield. h. Water levels are dropping throughout the Central Yuma GWMD. This drop in water level would be adversely affecting production
from all wells in the area. i. The map Staff uses to perform the 3 mile radius circle test of Rule 5.2.2, which was drawn using data from wells constructed in the 1970’s, indicates
that the saturated thickness of the aquifer is approximately 30 feet thicker than at the proposed location (110 feet) than at the permitted location (80 feet). j. Rule 7.3.1 requires
a historical use analysis be conducted in accordance with rule 7.10. The applicant states that a historical use analysis based on the most recent 10 years would result less amounts
of water allowed than the well has historically used prior to that 10 years. Rule 7.10.1 allows for more than 10 years to be considered in the historical use analysis if more years
of record are provided. Therefore the applicant is not limited to 10 years if they provide more years of data. It is Staff’s opinion that based on Rule 11.1.1 the variance requests
should be granted only if the Commission believes the applicant has demonstrated unusual hardship. KVH
HearingOfficersReport2013-2-15.pdf
1 HEARING OFFICER'S REPORT Prepared for the February 22, 2013, meeting of the Colorado Ground Water Commission The listing below summarizes all adjudicatory matters pending before
the Colorado Ground Water Commission as of February 4, 2012. Updated/new information is indicated in bold italics. Gallegos, Reinaldo etc Case No. 03-GW-06 Designated Basin: Upper
Crow Creek Date of request: 30-Apr-03 Subject: Petition to de-designate portions of the Upper Crow Ck Designated Basin Status: Hearing Officer issued decision on March 27, 2012.
Hearing on appeal scheduled for 10:00 a.m. September 5, 2012 before a special session of the Commission. Commission upheld Hearing Officer’s decision. Case appealed to District Court
for de novo review (see Case no. 03CV1335, Weld County District Court). Woodmen Hills Metro Dist, Case No. 03-GW-20 Designated Basin: Upper Black Squirrel Date of request:
30-Oct-03 Subject: Objection to (3) three applications to appropriate designated ground water from the alluvial aquifer of Black Squirrel Creek, or its tributaries and an application
for a replacement plan to prevent injury to water rights of other appropriators and allow the proposed appropriation from the alluvial aquifer. Receipt No 501564-A, B, and C.
Status: Awaiting republication and information from the Applicant. Morley Howard Investments LLC, Case No. 07-GW-02 Designated Basin: Upper Black Squirrel Date of request:
01-Mar-07 Subject: Objection to three change of Determination of Water Right Applications (Receipt Nos. 3610361 A - C). Status: Pending Management District’s export hearing.
Cherokee Metro & Meridian Svc Dist. Case No. 08-GW-71 Designated Basin: Upper Black Squirrel Date of request: 15-Oct-08 Subject: Objection to an application for approval
of a replacement plan to make new 2 appropriations from the alluvial aquifer within the Upper Black Squirrel Creek Designated Basin. Status: Two weeks of hearing held June
8th thru June 19, 2009. Case consolidated with Case Nos. 08GW78 as well as the change case filings for well nos. 9 through 12 (09GW15). Case is presently stayed pending outcome of
district court declaratory judgment proceedings on stipulation interpretation. Supreme Court issued a decision in December on the ability of Meridian to Intervene in the declaratory
action regarding the stipulation in 98CW80 and indicated Meridian could intervene and remanded to water court for further action. All cases related to the replacement plan are stayed
pending the outcome of a determination concerning interpretation of the stipulation as it relates to use and reuse within the basin. Cherokee Metropolitan District Case No. 08-GW-78
Designated Basin: Upper Black Squirrel Date of request: 29-Dec-08 Subject: Objection to an application to change the type and place of use of Well Permit No. 49988-F. Status:
See Case No. 08GW71 above. Case stayed pending resolution of declaratory judgment action in water court. Farmer, Edna I Case No. 09-GW-02 Designated Basin: Upper Black Squirrel
Date of request: 12-Mar-09 Subject: Objection to an application for Determination of Water Right Status: Stayed pending outcome of Cherokee replacement plan case, Case No. 08GW71.
Farmer, Daniel & Teresa Case No. 09-GW-03 Designated Basin: Upper Black Squirrel Date of request: 12-Mar-09 Subject: Objection to an application for Determination for Water
Right Status: Stayed pending outcome of Cherokee replacement plan case, Case No. 08GW71. 3 Meridian Service Metropolitan Dist., Case No. 09-GW-11 Designated Basin: Upper
Black Squirrel Date of request: 15-Jun-09 Subject: Objection concerning an application to change a determination of water right Status: Stayed pending outcome of Case No. 08GW71
(Cherokee replacement case). Cherokee Metro & Meridian Svc Dist. Case No. 09-GW-15 Designated Basin: Upper Black Squirrel Date of request: 17-Nov-09 Subject: Objection to an application
to change the type and place of use Status: See 08GW71 above. Case is presently stayed pending outcome of district court declaratory judgment proceedings Front Range Resources LLC,
Case No. 11-GW-03 Designated Basin: Lost Creek Date of request: 02-Mar-11 Subject: Objection to an application for determination of water right Status: Hearing scheduled for
January 17 through 19, 2012, was vacated upon motion to review data and complete modeling concerning potential change in location of boundary line for the Laramie-Fox Hills aquifer.
Equus Farms and Lost Creek Management District have now been allowed to intervene. Staff prepared new modeling of the Laramie-Fox Hills aquifer and Applicant withdrew their Application.
Order remanding to Staff issued November 13, 2012 and case is now closed. Greathouse, William Case No. 11-GW-06 Designated Basin: Southern High Plains Date of request: 13-May-11
Subject: Objection to the Issuance of a Final Permit Status: Prehearing conference scheduled for August 4, 2011. At prehearing conference parties agreed to attempt to resolve
the matter. Case is stayed pending outcome of negotiations. Staff sent letter to Applicant in June of 2012 and is awaiting reply. If nothing occurs within 30 days order to show cause
will be forthcoming from Hearing Officer. A Prehearing Conference was held on August 4, 2011. After conferring with Staff for the Colorado Ground Water Commission (“Staff”) and the
Respondent, Mr. Greathouse, it was determined that Staff will work with the Respondent to attempt to resolve this matter in a manner acceptable to both parties. Awaiting settlement.
4 Babcock, F. A. Case No. 12-GW-06 Designated Basin: Kiowa-Bijou Date of request: 23-Jan.-12 Status: Objection to final permit by North Kiowa-Bijou District. Prehearing Conference
set for August 9, 2012 vacated. Applicant is checking on well and its existence. Hearing Officer has set tickler to check on status by mid September and if no progress will do notice
to set for hearing. Objector’s attorney indicated on October 18, 2012 that they are awaiting payment from the successor to Mr. Babcock (Mr. Lane). Once received he will withdraw the
objection in the case. Awaiting information from District as to status of their negotiations with permit owner. Herter, Nancy & Richard Case No. 12-GW-07 Designated Basin: Kiowa-Bijou
Date of request: 23-Jan.-12 Status: Objection to final permit by North Kiowa-Bijou District. Parties are in negotiations and Objector has until May 11, 2012 to inform the Hearing
Officer if further proceedings are necessary. Hearing Officer has requested status update from Objector on July 27, 2012. Property was sold and is holding up progress on the case.
Hearing Officer sent email to Objector requesting status update on February 4, 2013. Meridian Service Metropolitan District Case No. 12-GW-10 Designated Basin: Upper Black Squirrel
Date of request: 12-Jan.-12 Status: Referred to Hearing Officer on February 17, 2012. Case is set for hearing on January 21, 2013 through January 25, 2013. Hearing held January
22 through 24, 2013. Hearing Officer is deliberating decision. Reining, Patrick (previous owner Thompson) Case No. 12-GW-20 Designated Basin: Kiowa- Bijou Date of request: 14-Feb-12
Status: Objection to final permit by North Kiowa-Bijou. Second minute order issued giving District until August 17, 2012 to inform the Hearing Officer if further settings in the case
are needed. Objection withdrawn and case remanded to Staff on November 19, 2012. Case closed. 5 Eldringhoff Family LImted Partnership Case No. 12-GW-21 Designated Basin: Kiowa-
Bijou Date of request: 14-Feb-12 Status: Objection to final permit by North Kiowa-Bijou. Second minute order issued giving District until August 17, 2012 to inform the Hearing
Officer if further settings in the case are needed. Hearing Officer sent email to Objector and Staff requesting status of the case on February 4, 2013. Vest, Charles Case No.
12-GW-23 Designated Basin: Kiowa- Bijou Date of request: 1-March-12 Status: Objection to final permit by North Kiowa-Bijou. Objection withdrawn and case was remanded to Staff
on November 19, 2012. Case closed. Benny L. Cantrall Revocable Trust Case No. 12-GW-25 Designated Basin: Northern High Plains Date of request: 19-April-12 Status: Objection
by the Republican River Water Conservation District to an application for change in the description of acres irrigated by Permit Nos. 19476-FP and 20809-FP. By letter dated May 1,
2012, the objector withdrew their objection pending terms and conditions as indicated in the letter. Applicant was to provide Hearing Officer an indication they accepted the terms
set forth in the withdrawal letter by June 22, 2012 or the case would be set for a hearing. The Hearing Officer has received no indication as ordered. Staff has been requested to
follow up provide the Hearing Officer with an update. Awaiting Staff update as to status. James Hume Case No. 12-GW-27 Designated Basin: Southern High Plains Date of request:
6-Sept-12 Status: Objection by the permit owner to the issuance of final permits. Owner claims historic use for the permits as both alternate points of diversion as well as commingling.
Matter is currently set for a Hearing on February 12, 2013. 6 Lost Creek Dairy, LLC Case No. 12-GW-28 Designated Basin: Lost Creek Date of request: 20-Aug-12 Status:
Objection filed by Lost Creek Designated Ground Water Management District to an application for determination of a water right from the Laramie-Fox Hills aquifer. Case is set for a
Hearing on May 15 through 17, 2013. Daryl Bowin Case No. 12-GW-29 Designated Basin: Camp Creek Date of request: 18-Sept-12 Status: Objection by Mr. Kenneth L. Wahl, P.
E. to an application to construct a new well for irrigation use in the Camp Creek Designated basin. Mr. Wahl claims the well should be evaluated under 2CCR 510-1, 5.2.2 and treated
as if it were in the Northern High Plains Designated Ground Water basin and not Camp Creek. Matter was set for a hearing on March 5, 2013. Motion for Summary Judgment was granted
in favor of Staff on January 10, 2013. Hearing vacated. Appeal period ends February 11, 2013. Respectfully submitted ______________________________ Joseph (Jody) Grantham,
Hearing Officer
PacketMemo2013Feb.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
February 5, 2013
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, February 15, 2013, in Room 318, 1313 Sherman St., Denver, Colorado 80203. Please find enclosed herein
the following:
Meeting agenda.
Minutes of the last Commission meeting, Agenda Item No. 3.
Staff Activity Report, Agenda Item No. 8.
Attorney General’s Report, Agenda Item No. 9.
Hearing Officer's Report.
The following items involving the hearing on a request by Mary Hardwick for variances, Agenda Item no. 7
Application and variance request
Objections
Staff Memo
Please contact myself or Rick Nielsen if there are any questions about the Commission meeting.
cc:Commission Staff
Designated Ground Water Management Districts

Memorandum
Upcoming Commission Meeting
Page 2
Memorandum
Upcoming Commission Meeting
Page 2
COREY M. HUWA, Chairman, Roggen; GRANT H. BLEDSOE, Vice-Chairman, Wray; STEVE KRAMER, Bethune; 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
PacketMemo2013Feb.pdf

QRTSTAT-2013Feb.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,
LARGE CAPACITY PERMITS (NEW & REPLACEMENT)
(INCLUES DETERMINATIONS OF WATER RIGHT)
NOVEMBER 1, 2012 THROUGH JANUARY 31, 2013
105.00
107.00
111.00
111.00
18.00
16.00
3.00
1.00
1.00
1.00
3.00
2.00
6.00
3.00
18.00
11.00
0.00
64.00
7.00
3.00
0.00
0.00
5.00
2.00
7.00
8.00
0.00
8.00
2.00
3.00
0.00
0.00
1.00
5.00
7.00
3.00
1.00
0.00
0.00
8.00
0.00
0.00
0.00
0.00
5.00
5.00
0.00
0.00
0.00
0.00
1.00
1.00
2.00
0.00
3.00
3.00
0.00
0.00
1.00
1.00
0.00
0.00
0.00
0.00
1.00
1.00
0.00
3.00
0.00
0.00
0.00
1.00
0.00
1.00
0.00
0.00
0.00
1.00
8.00
6.00
0.00
0.00
0.00
0.00
59.00
47.00
4.00
77.00
19.00
22.00
4.00
4.00
14.00
11.00
59.00
51.00
8.00
5.00
1.00
13.00
81.00
23.00
18.00
57.00
0.00
22.00
14.00
11.00
5.00
4.00
0.00

StaffReport2013Feb.doc

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

1313 Sherman Street, Room 821
Denver, Colorado 80203
Phone [phone]
FAX [phone]
http://water.state.co.us John W. Hickenlooper
Governor

Mike King
Executive Director, DNR

Dick Wolfe, P.E.
Executive Director