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the districts on their enforcement efforts. He sees rule making or reallocation of states resources as avenues to help before the legislative process is looked at. In response to a
<br /> question of Commissioner Coryell, Mr. Wolfe advised the Commission that with the end of the final permit project in sight that perhaps staff could re-allocate resources towards compliance
<br /> efforts with education preferred over enforcement. <
<br />Mr. Cyran, council for the Commission, raised the question of when any fine that was imposed would be assessed. Currently fines are assessed after the injunction is set by the courts,
<br /> which is no incentive to comply. Mr. Wolfe restated his position on working together to coordinate efforts between the districts and the state before pursuing legislation.
<br />In response to Commissioner Smith’s suggestion of a memorandum of understanding between the districts and the staff Mr. Wolfe responded that there should be more discussion before something
<br /> like that is written. He stated that the enforcement policy presented to the Commission at the August meeting about the relationship between the district and staff, what each does,
<br /> shows that it is being worked on and the process should be completed before legislation is enacted.
<br />Commissioner Schubert said that the district rules sit on top of the state rules but the state does not recognize the district rules. He said the state says we will take care of our
<br /> rules and you take care of yours. Mr. Schubert agreed with Commissioner Wolfe in that it will take time to bring the two together.
<br />Chairman Coryell said that he has seen the state and the districts come together, unfortunately that was because of enforcement of an interstate compact, which he would not wish on anyone.
<br /> He also said that he thinks the districts along the Front Range have reached the point <where the issue needs to be resolved.
<br />Director Wolfe offered to bring something to the Commission in February that looks at the issue.
<br />
<br />Mr. Dave Doran, Upper Black Squirrel, asked why it had to be a legislative matter for districts to be able to assess a fine. He said that the Supreme Court has ruled that districts
<br /> can promulgate rules so they should be able to promulgate a rule that creates a fine. Commissioner Wolfe responded by saying that it had been discussed as an option to be looked at
<br /> but cooperative rulemaking was the first choice. Mr. Duran asked if his district wrote its own rule if they would receive the state’s assistance. Mr. Cyran offered to put together
<br /> the legal options by the February meeting.
<br />Chairman Coryell called for agenda item no. 13, new business.
<br />Commissioner Schubert addressed the Commission on the matter of vendetta complaints. He questioned whether it would be necessary or appropriate for staff to establish a written policy
<br /> on how complaints of violations are looked into and if it is determined that a complaint is egregious that a penalty be assessed. Mr. Wolfe responded that he believes that the system
<br /> currently in place, that of administrative discretion, is working appropriately, it needs to be tweaked but it is working.
<br />Secretary Nielsen suggested the following dates and locations for the 2012 meetings of the Commission, February 17th in Denver, May 18th in Castle Rock, August 17th in Wray or Castle
<br /> Rock and November 16th in Denver. The proposed dates and locations were approved by the Commission. Commissioner Coryell and others discussed the dedication of the compact compliance
<br /> pipeline during the August meeting in Wray.
<br />There being no further business the meeting adjourned.
<br />Respectfully submitted,
<br />Richard A Nielsen, P.E.
<br />Secretary to the Ground Water Commission
<br />Ground Water Commission Meeting MinutesPage 6
<br />November 18, 2011
<br />Minutesof2011-11-draft.pdf
<br />Oil and Gas Water Sources Fact Sheet - Final.pdf
<br />PacketMemo2012Feb.docx
<br /> </w:t></w:r><w:r><w:rPr><w:rFonts w:ascii="STATE OF COLORADO
<br />GROUND WATER COMMISSION
<br />Division of Water Resources
<br />Department of Natural Resources
<br />1313 Sherman Street, Room 818
<br />Denver, Colorado 80203
<br />Phone (303) 866-3581 </w:t></w:r></w:p><w:p w:rsidR="00707
<br />FAX (303) 866-3589
<br />John W. Hickenlooper
<br />Governor
<br />Mike King
<br />Executive Director, DNR
<br />Dick Wolfe, P.E.
<br />Executive Director
<br />February 7, 2012
<br />MEMORANDUM
<br />TO: Ground Water Commission Members
<br />FROM: Keith Vander Horst, Designated Basins Team
<br />SUBJECT: Upcoming Ground Water Commission Meeting
<br />The upcoming Ground Water Commission meeting is scheduled for 10:00 a.m. on Friday, February 17, 2012, in Room 318, 1313 Sherman St., Denver, Colorado 80203. <Please find herein enclosed
<br /> the following:
<br />Meeting agenda
<br />Minutes of the last Commission meeting, Agenda Item No. 3
<br />Executive summary of presentation of the Colorado Geological Survey’s report on the Lost Creek Basin Aquifer Recharge and Storage Evaluation, Agenda Item No. 7
<br />Fact sheet on demand and water sources for hydraulic fracturing in Colorado, Agenda Item 8
<br />Request for a variance by the Town of Arapahoe, and Staff’s comments, Agenda Item 9
<br />Request for an exception by Robert and Jana Wood, and Staff’s comments, Agenda Item 10
<br />Staff Activity Report, Agenda Item No. 11
<br />Attorney General’s Report, Agenda Item No. 12
<br />Attorney General’s comments on District authority to implement rules and regulations that allow for the imposition of fines, Agenda Item No. 14.a
<br />Hearing Officer's Report
<br />Upper Big Sandy GWMD’s updated rules, Agenda Item No. 15.a, are anticipated to be provided by the District and made available before the meeting
<br />The following items involving Meridian Service Metropolitan District’s submittal to the Commission for a determination on the status of the water applied for in case no. 2010-CW-95 (Division
<br /> 2 Water Court), Agenda Item 15.b, is being provided to you via the Hearing Officer’s ftp site at:
<br />ftp://dwrftp.state.co.us/dwr/hearings/ftp://dwrftp.state.co.us/dwr/hearings/
<br />Request for inclusion on agenda by Wayne Schroeder
<br />February 7, 2012 letter from Wayne Schroeder to Dick Wolfe
<br />Objector’s motion to stay proceedings, objector’s reply in support for motion to stay proceedings, and email exchanges between objectors and Attorney General
<br />Recommendation by Attorney General and Staff
<br />Please contact myself or Rich Nielsen if there are any questions.
<br />cc:Commission Staff
<br />Designated Ground Water Management Districts
<br />
<br />
<br />Memorandum
<br />Upcoming Commission Meeting
<br />Page 2
<br />Upcoming Ground Water Commission MeetingPage 2
<br />February 7, 2012
<br />DENNIS W. CORYELL, CHAIRMAN, Burlington; COREY M. HUWA, VICE-CHAIRMAN, Roggen; GRANT H. BLEDSOE, Wray; VIRGIL VALDEZ, Alamosa;
<br />C. MAX SMITH, Walsh; CAROLYN F. BURR, Denver; LARRY W. CLEVER, Grand Junction; EARNEST L. MIKITA, Calhan; GEORGE H. SCHUBERT, Calhan
<br />PacketMemo2012Feb.pdf
<br />QRTSTAT-2012Feb.xls QRTSTAT.XLS
<br />Print_Area_MI
<br />TABLE 1
<br />DESIGNATED BASINS BRANCH
<br />QUARTERLY ACTIVITY REPORT
<br />C.R.S. 37-90-
<br />BASIN
<br />RECEIVED
<br />ISSUED
<br />KIOWA BIJOU
<br />LOST CREEK
<br />CAMP CREEK
<br />UPPER BIG SANDY
<br />TOTAL
<br />SUMMARY OF APPLICATION ACTIVITY
<br />INCOMPLETE
<br />AP
<br />NP
<br />AU
<br />AR
<br />AD & AW
<br />CHANGE APPLICATIONS
<br />UPPER CROW CREEK
<br />TOTAL RECEIVED
<br />NEW ISSUED
<br />REPLACE ISSUED
<br />NEW RECEIVED
<br />DENIED & WITHDRAWN
<br />NORTHERN HIGH PLAINS
<br />SOUTHERN HIGH PLAINS
<br />UPPER BLACK SQUIRREL CREEK
<br />RESUBMITTED
<br />SMALL CAPACITY PERMITS
<br /> REPLACEMENT
<br />CA
<br />CANCELED
<br />LARGE CAPACITY PERMITS
<br />CHANGE OF WATER RIGHT
<br />LARGE CAPACITY PERMITS,
<br />LARGE CAPACITY PERMITS (NEW & REPLACEMENT)
<br />NOVEMBER 1, 2011 THROUGH JANUARY 31, 2012
<br />105.00
<br />107.00
<br />111.00
<br />111.00
<br />23.00
<br />18.00
<br />5.00
<br />4.00
<br />0.00
<br />0.00
<br />0.00
<br />3.00
<br />5.00
<br />3.00
<br />21.00
<br />16.00
<br />4.00
<br />53.00
<br />45.00
<br />1.00
<br />1.00
<br />1.00
<br />8.00
<br />3.00
<br />2.00
<br />1.00
<br />0.00
<br />4.00
<br />2.00
<br />3.00
<br />1.00
<br />0.00
<br />2.00
<br />0.00
<br />10.00
<br />4.00
<br />2.00
<br />12.00
<br />2.00
<br />4.00
<br />0.00
<br />0.00
<br />2.00
<br />0.00
<br />2.00
<br />5.00
<br />1.00
<br />0.00
<br />0.00
<br />0.00
<br />0.00
<br />0.00
<br />0.00
<br />0.00
<br />0.00
<br />0.00
<br />0.00
<br />0.00
<br />0.00
<br />1.00
<br />0.00
<br />0.00
<br />0.00
<br />0.00
<br />8.00
<br />8.00
<br />0.00
<br />0.00
<br />0.00
<br />0.00
<br />0.00
<br />0.00
<br />0.00
<br />0.00
<br />0.00
<br />1.00
<br />0.00
<br />0.00
<br />0.00
<br />0.00
<br />0.00
<br />0.00
<br />0.00
<br />0.00
<br />66.00
<br />53.00
<br />12.00
<br />73.00
<br />49.00
<br />9.00
<br />2.00
<br />4.00
<br />17.00
<br />6.00
<br />66.00
<br />65.00
<br />15.00
<br />13.00
<br />7.00
<br />11.00
<br />75.00
<br />53.00
<br />55.00
<br />24.00
<br />5.00
<br />9.00
<br />17.00
<br />6.00
<br />6.00
<br />3.00
<br />3.00
<br />
<br />StaffReport2012Feb.doc
<br />
<br /> STATE OF COLORADO
<br />GROUND WATER COMMISSION
<br />Division of Water Resources
<br />Department of Natural Resources
<br />
<br />1313 Sherman Street, Room 818
<br />Denver, Colorado 80203
<br />Phone (303) 866-3581
<br />FAX (303) 866-3589
<br /> John W. Hickenlooper
<br /> Governor
<br />
<br /> Mike King
<br /> Executive Director, DNR
<br />
<br /> Dick Wolfe, P.E.
<br /> Executive Director
<br />
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