DWR_3353969

• Board or Commission: Colorado Ground Water Commission
• Document Type - Board and Commission Meetings: Meeting Document
• Document Date: 5/17/2013
• Subject: MEETING MATERIALS

the use of permit.
The Town of Vona has been found to be in violation of the overpumping order issued for the town’s municipal well. Pursuant to the overpumping order issued last January, the well is
restricted to a maximum withdrawal not to exceed 4.5 acre-feet in the 2013 water year. At the beginning of April, it was discovered that the well had already pumped 8 acre-feet. The
town has been contacted and the well has since been shut down. There is some concern that the town will have to use this well again this year, as the backup well will not be able to
support their needs. Staff is currently looking into alternatives for the Town of <Vona.
KIOWA BIJOU
North Kiowa Bijou GWMD
Staff continues to work with Magnum Feedyards and the NKB GWMD to address their ongoing well permit violations.
HardwickApplication_VarianceFiguresColor.pdf

HardwickApplication_VarianceRequest.pdf

HardwickVarianceObjections.pdf

HardwickVarianceStaffMemo.pdf

HearingOfficersReport2013-5-17.pdf
1 HEARING OFFICER'S REPORT Prepared for the May 17, 2013, meeting of the Colorado Ground Water Commission The listing below summarizes all adjudicatory matters pending before the
Colorado Ground Water Commission as of May 3, 2013. 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. 2 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 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. 3 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. 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. Greathouse, William Case No. 11-GW-06
Designated Basin: Southern High Plains Date of request: 3-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. Matter is pending outcome of negotiations. 4 Babcock, F. A. Case No. 12-GW-06 Designated Basin: Kiowa-Bijou Date of request:
23-Jan.-12 Subject: Objection to final permit by North Kiowa-Bijou District. Status: District withdrew their objection on April 30, 2013. Permit was remanded to Staff or administrative
processing and the case is closed. Herter, Nancy & Richard Case No. 12-GW-07 Designated Basin: Kiowa-Bijou Date of request: 23-Jan.-12 Subject: Objection to final permit by
North Kiowa-Bijou District. Status: Objection withdrawn on February 13, 2013. Permit remanded to Staff and case closed. Meridian Service Metropolitan District Case No. 12-GW-10
Designated Basin: Upper Black Squirrel Date of request: 12-Jan.-12 Subject: Determination of jurisdictional issue between Water Court and Commission. Status: Initial decision of
Hearing Officer entered on April 25, 2013. Appeal period pending. Eldringhoff Family LImted Partnership Case No. 12-GW-21 Designated Basin: Kiowa- Bijou Date of request: 14-Feb-12
Subject: Objection to final permit by North Kiowa-Bijou. Status: Objection withdrawn on February 13, 2013. Permit remanded to Staff. Case closed. 5 Benny L. Cantrall Revocable
Trust Case No. 12-GW-25 Designated Basin: Northern High Plains Date of request: 19-April-12 Subject: 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. Status: 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 Subject: Objection by the permit owner to the terms
of the issuance of final permits. Status: Owner claims historic use for the permits as both alternate points of diversion as well as commingling. Matter is set for a Hearing on September
5, 2013. Lost Creek Dairy, LLC Case No. 12-GW-28 Designated Basin: Lost Creek Date of request: 20-Aug-12 Subject: 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. Status: The Hearing set for May 15 through 17, 2013, was vacated as the
parties reached stipulated agreements. The Application was remanded to Staff for administrative action. Case is closed per order of March 18, 2013. 6 Daryl Bowin Case
No. 12-GW-29 Designated Basin: Camp Creek Date of request: 18-Sept-12 Subject: 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. Status: Motion for Summary Judgment was granted in favor of Staff on January 10, 2013. Hearing vacated. Appeal period ends February 11, 2013. No appeal
filed and case is closed. Mary Hardwick Case No. 13-GW-01 Designated Basin Central Yuma Date of request: 5-Feb-13 Subject: Objections to an application for the relocation
of a well at a point greater than 300 feet from the permitted location, Permit No. 23205-FP. Status On March 1, 2013, the Applicant withdrew their application indicating they were
going to reapply with certain revisions and seek a variance before the Commission. On March 6, 2013, application was remanded to Staff and the Case was closed. Kenneth W. & Iris
A. Kendall Case No. 13-GW-02 Designated Basin Kiowa-Bijou Date of request: 12-Feb-13 Subject: Objection by well and permit owner to an Order issued by Staff cancelling Permit
No. 17072-F. Status: A prehearing conference was held on April 24, 2013. At the suggestion of the Hearing Officer, the parties agreed to allow him to rule on the matter pursuant
to Rule 6.P of the Rules of Procedure for Hearings before the Commission. The parties have or will submit evidence to the Hearing Officer and he will rule from the bench based on the
evidence submitted. The parties have until May 31, 2013 to supplement their evidence prior to consideration of the matter. 7 Robbie & Carrie Bullock Case No. 13-GW-03
Designated Basin Southern High Plains Date of request: 28-Feb-13 Subject: Objection by the Hinds family to an application for an appropriation of ground water. Status: On March 20,
2013, the Objectors notified the Hearing Officer of their desire to withdraw their objection to the application and therefore, the matter was remanded to Staff for administrative processing
and the case was closed on March 21, 2013. Respectfully submitted ______________________________ Joseph (Jody) Grantham, Hearing Officer
HillApplication_VarianceRequest.pdf

HillVarianceStaffMemo_2013-5-3.pdf

Minutes2013-2-15.pdf

Minutes2013-2-15_Draft.docxMINUTES

MINUTES
FIRST QUARTERLY MEETING
COLORADO GROUND WATER COMMISSION
FEBRUARY 15, 2013
The first Quarterly Meeting of the Colorado Ground Water Commission took place on February 15, 2013, at the Centennial Building, 1313 Sherman St, Room 318, Denver, Colorado. Chairman
<Dennis Huwa called the meeting to order at 10:00 a.m. Mr. Richard Nielsen called the roll and determined that a quorum was present. Commission members present were Grant Bledsoe,
Carolyn Burr, Larry Clever, Corey Huwa, Steve Kramer, Earnest Mikita, George Schubert, Max Smith, Virgil Valdez, Robert Randall, Mike Sullivan and Suzanne Sellers. Staff members present
were Kevin Rein, Keith Vander Horst, Richard Nielsen, Chris Grimes, Jay Bloomfield, Justina Mickelson, Ivan Franco, David Keeler and Ralf Topper. Also present were Jody Grantham, Hearing
Officer, Pat Kowaleski, A.G. for the Commission and Jennifer Mele, A.G. for staff. <Members of the public were also present.
Review and Approval of Agenda Items, parties to Agenda Item no. 7 requested that the matter be continued to the May meeting. The agenda was approved as modified.
Approval of Minutes for Meeting of November 16, 2012, Chairman Huwa asked if there were any corrections or additions to the minutes.
Commissioner Clever noted that he was not identified as being present for the meeting.

Commissioner Clever moved to approve the minutes as amended.
Commissioner Mikita seconded the motion which carried unanimously.
Report of the Executive Director by Mike Sullivan,
Mr. Sullivan opened his remarks by updating the Commission on enforcement actions in the Republican River Basin. He noted that to-date, it had been determined that 300 wells had over
pumped in the 2012 irrigation season. Of these, one-third over pumped by 15 acre-feet or less.
He reminded the Commission of Colorado’s efforts to be in compliance with the compact; the pipeline, 30,000 acres being retired and the purchase of surface water rights. Mr. Sullivan
informed the Commission that the litigation over pumping in Nebraska is interfering with our negotiations with Kansas. He advised the Commission that Kansas had sued Nebraska for 72
million dollars in damages and penalties for under delivery of water and that this litigation is delaying the response from Kansas regarding an agreement on pipeline operations, specifically
the credit for water Colorado delivers through the pipeline. Mr. Sullivan noted that in the draft ruling, the judge found that Nebraska did not intentionally under deliver to Kansas,
and awarded Kansas $3.2 million in damages and $1.7 million in fines. Colorado objected to the fines because of the implications for the future.
Mr. Sullivan informed the Commission that Nebraska had filed for fast track arbitration on their request for water short year determination and is constructing a pipeline, the Rock Creek
Pipeline, similar to our compliance pipeline and other various augmentation plans.
Commissioner Mikita asked why the users are paying for the pipeline without water being delivered through it.
Commissioner Sullivan responded that the application process began in 2009 and that negotiations with Kansas has delayed the process. He said that <if we did not fight for 100% credit
it would cost us more. He went on saying that Kansas wants Nebraska to dry up 300,000 acres to maintain compliance and that if we pumped the pipeline now we would only receive 22%
credit and Colorado does not have five times the water to pump.
Ms. Deb Daniels addressed the Commission and reminding them that the District proceeded with the pipeline and other measures because of concerns that the financing terms offered by CWCB
might be modified in the tough economic times.
Recalling the years it took to litigate the Arkansas River compact with Kansas, Commissioner Mikita asked how long the users would be paying without any benefit. Mr. Sullivan assured
the Commission that the Republican Compact litigation will not take as long as that of the Arkansas because the Supreme Court has ordered the matter expedited.
Mr. Sullivan reminded the Commission about the Bureau of Reclamation requiring all three states to participate in a basin wide water smart study. He noted that Kansas is seeking to
enlarge its reservoirs, Nebraska is looking at special projects such as land retirement and augmentation and that Colorado is providing data for the Bureaus climate models of the Basin.
Mr. Sullivan advised the Commission that the measurement rules are in place for the Arkansas, Republican and Rio Grande rivers while eight objectors remain on the South Platte. He noted
that while there are near 3,000 water rights on the abandonment list, only 3% are being objected to.
In the Rio Grande Basin, Division 3, Mr. Sullivan reported that Texas has requested to open a case with New Mexico and Colorado. As currently written, the pleadings imply basin wide
issues rather than the more specific issues of water below Elephant Butte Reservoir. He also mentioned that the first reports of the Sub-District replacement plans are due February
28th.
In Division 7, The Animas – La Plata project operating protocols are being finalized. On the La Plata River, New Mexico remains concerned about our delivery of low flows. We have,
this year, begun construction of a 5,000 acre-foot reservoir, near the border, to aide in the delivery.
Mr. Sullivan concluded his remarks by noting that the new Colorado River protocols are 29 pages long while the interim protocols, which were in effect for 10 years, were 1 page.
Chairman Huwa called for agenda item no. 5, Commissioners reports.
Commissioner Huwa, together with Commissioner Kramer, Mr. Dennis Coryell and Mr. Kevin Rein updated the Commission on the efforts to get legislation passed to allow Districts to fine
water user’s operating in violation of the permits. It was noted that Representative Sonnenburg is not receptive to the proposed language while another representative suggested going
through the interim water committee over the summer. It was decided that the management districts will be responsible for carrying the matter forward this year.
Chairman Huwa called for agenda item no. 6, the presentation of the 2012 ground water level measurements by Ralf Topper.
Mr. Topper distributed and went over his reports, basin by basin, discussing the Northern High Plains by District. He noted the number of wells measured, the 1 year, 5 year and 10 year
changes in static water level and anomalies such as the rise in static water level near the Limon area. Mr. Topper pointed out that the report is available on the website in a pdf
format. He also noted that he is working on other improvements in addition to the new well location maps. There were no questions for Mr. Topper<
Chairman Huwa called for agenda item no. 6, the staff activity report.
Mr. Keith Vander Horst reviewed his report. He noted that the final permit activity has slowed because one group remains to be processed in the Kiowa-Bijou and Upper Big Sandy Basins
and that the Southern High Plains Basin is on maintenance. Mr. Vander Horst advised the Commission that final action on bedrock final permits has been delayed until the legislation,
SB-72, is finalized. He pointed out that there were no new hearings in the last quarter. On the matter of enforcement, Mr. Vander Horst noted that work on the over-pumping problem
continues. Staff mailed 296 orders with the 1:1 pay back provisions and is negotiating with the users. On the good side, Mr. Vander Horst informed the Commission that there was not
a lot of over-pumping. He noted that of the 3163 wells located in the Republican Basin, fewer than 10% over-pumped and of those, 152 over-pumped by less than 50 acre-feet.
In response to a query by Commissioner Mikita regarding the reported permit activity in the Upper Big Sandy District, Mr. Vander Horst said that he would research the matter and call
him.
At the request of Commissioner Huwa, Mr. Vander Horst reminded the Commission of the provisions of SB-72, mainly that wells completed into the bedrock formations will not be subject
to the provisions of the final permit statute.
Chairman Huwa called for agenda item no. 7, the Attorney General’s report.
Ms. Jen Mele informed the Commission that the Meridian Hearing was over and we are waiting on the ruling of the Hearing Officer. She also informed the Commission that Mr. Pat Kowaleski
will be representing the Commission before the District Court on the Gallegos matter of de-designating portions of Upper Crow Creek.
Chairman Huwa called for agenda item no. 8, Management District Reports
Mr. Nate Midcap, reporting for the Marks Butte, Frenchman, Sandhills and Central Yuma GWMD’s, reported that it has been dry in his districts. He noted that he has been busy with over-pumping
orders and that two of his three districts that have a 2:1 pay back rule will amend their rule to correspond to the State’s 1:1 pay back. Mr. Midcap concluded his comments with the
observation that he drives 2600 miles to measure static water levels.
Mr. Jack Dowell, reporting the W-Y GWMD, reported that it is dry all over and that several stock wells have gone dry.
Mr. Rod Mason, reporting for the Arikaree GWMD, reported that during his static water level measurements he observed a decline of anywhere from 10 feet to 18 feet. He also reported
that his District had taken charge of all third party administration within the District.
Ms. BreAnn Ferguson, reporting for the Plains and East Cheyenne GWMD’s, informed the Commission that she has observed static water level declines, on average of 15 feet. Ms. Ferguson
noted that wells in her districts were already pumping. She also thanked staff for the clear and understandable answers given at various local meetings on the over-pumping matter.
Mr. Max Smith, reporting for the Southern High Plains GWMD reported that it has been dry, windy and cold in the Southern High Plains. He observed that after 13 years of little rain
and snow a lot of user’s no longer take the water for granted.
Mr. Robert Loose reporting for the North Kiowa Bijou GWMD, reported that his District is working with Mr. Chris Grimes on ponds that are new or have been enlarged and possible expansion
of use on some feedlot wells. He also mention that small capacity permits make up a large portion of the District staff’s workload and that legislation allowing the assessment of small
capacity permits would be good.
Mr. Tim Hunker, reporting for the Upper Black Squirrel GWMD, reported that there were few issues, excepting Meridian, in the District the past quarter.
Mr. David Tausig reporting for the Upper Big Sandy GWMD, reported that it has been dry, windy and cold. He also provided the Commission with the dates of the Arkansas Roundtable meetings.
Mr. Andy Jones, reporting for the Lost Creek GWMD, reported that the District has been busy. They are amending the small capacity rules to ban alluvial wells and restrict the Laramie
Fox-Hills Aquifer to a 300 year life. He briefly discussed the Lost Creek Dairy applications to change the use of existing wells and the leasing, by Front Range Resources, of water
for fracking. Mr. Jones provided the opinion that SB-75, will protect well owners who participate in conservation practices without effecting the historic consumptive use analysis
when they decide to change the use of the well.
In response to a question by Commissioner Burr, Mr. Jones said that the District is considering extending the 300 year aquifer life rule to determinations of water rights. He also said,
in response to a question by Commissioner Huwa, that the rules are more stringent than those of the State.
Mr. Dan Lloyd, reporting for the Upper Crow Creek Basin, reported that the Basin had received 2.2 inches of precipitation between January 2012 and January 2013. H e reported that it
takes anywhere from 500,000 to 4,000,000 gallons of water to frack a well in this area. Mr. Lloyd did note that since oil and gas production is down, a lot of drilling rigs are moving
to North Dakota.
Ms. Deb Daniel, reporting for the Republican River Water Conservation District, reported that 2008 farm bill had been extended, making money available for the CREP and EQUIP programs,
unfortunately with the good prices there is little interest in setting lands aside. Ms. Daniel again brought up the user fees and taxes that user’s are paying, saying that they are
used to fund the District’s portion of the CREP and EQUIP programs, purchase of surface water rights and implementation of other conservation programs. She noted that the District is
currently surveying user’s to see where they want help in instituting conservation measures.
Chairman Huwa called for agenda item no. 9, old business, there was none.
Chairman Huwa called for agenda item no. 10, new business, there was none.
Chairman Huwa called for agenda item no. 11, public comment, there was none.
There being no further business the meeting adjourned.
Respectfully submitted,
Richard A Nielsen, P.E., Secretary
Colorado Ground Water Commission
Ground Water Commission Meeting MinutesPage 2
February 15, 2013
Minutes2013-2-15_Draft.pdfMINUTES
MINUTES FIRST QUARTERLY MEETING COLORADO GROUND WATER COMMISSION FEBRUARY 15, 2013 The first Quarterly Meeting of the Colorado Ground Water Commission took place on February 15,
2013, at the Centennial Building, 1313 Sherman St, Room 318, Denver, Colorado. Chairman Dennis Huwa called the meeting to order at 10:00 a.m. Mr. Richard Nielsen called the roll and
determined that a quorum was present. Commission members present were Grant Bledsoe, Carolyn Burr, Larry Clever, Corey Huwa, Steve Kramer, Earnest Mikita, George Schubert, Max Smith,
Virgil Valdez, Robert Randall, Mike Sullivan and Suzanne Sellers. Staff members present were Kevin Rein, Keith Vander Horst, Richard Nielsen, Chris Grimes, Jay Bloomfield, Justina
Mickelson, Ivan Franco, David Keeler and Ralf Topper. Also present were Jody Grantham, Hearing Officer, Pat Kowaleski, A.G. for the Commission and Jennifer Mele, A.G. for staff. Members
of the public were also present. Review and Approval of Agenda Items, parties to Agenda Item no. 7 requested that the matter be continued to the May meeting. The agenda was approved
as modified. Approval of Minutes for Meeting of November 16, 2012, Chairman Huwa asked if there were any corrections or additions to the minutes. Commissioner Clever noted that he
was not identified as being present for the meeting. Commissioner Clever moved to approve the minutes as amended. Commissioner Mikita seconded the motion which carried unanimously.
Report of the Executive Director by Mike Sullivan, Mr. Sullivan opened his remarks by updating the Commission on enforcement actions in the Republican River Basin. He noted that
to-date, it had been determined that 300 wells had over pumped in the 2012 irrigation season. Of these, one-third over pumped by 15 acre-feet or less. He reminded the Commission of
Colorado’s efforts to be in compliance with the compact; the pipeline, 30,000 acres being retired and the purchase of surface water rights. Mr. Sullivan informed the Commission that
the litigation over pumping in Nebraska is interfering with our negotiations with Kansas. He advised the Commission that Kansas had sued Nebraska for 72 million dollars in damages
and penalties for under delivery of water and that this litigation is delaying the response from Kansas regarding an agreement on pipeline operations, specifically the credit for water
Colorado delivers through the pipeline. Mr. Sullivan noted that in the draft ruling, the judge found that Nebraska did not intentionally under deliver to Kansas, and awarded Kansas
$3.2 million in damages and $1.7 million in fines. Colorado objected to the fines because of the implications for the future. Ground Water Commission Meeting Minutes Page 2 February
15, 2013 Mr. Sullivan informed the Commission that Nebraska had filed for fast track arbitration on their request for water short year determination and is constructing a pipeline,
the Rock Creek Pipeline, similar to our compliance pipeline and other various augmentation plans. Commissioner Mikita asked why the users are paying for the pipeline without water
being delivered through it. Commissioner Sullivan responded that the application process began in 2009 and that negotiations with Kansas has delayed the process. He said that if we
did not fight for 100% credit it would cost us more. He went on saying that Kansas wants Nebraska to dry up 300,000 acres to maintain compliance and that if we pumped the pipeline
now we would only receive 22% credit and Colorado does not have five times the water to pump. Ms. Deb Daniels addressed the Commission and reminding them that the District proceeded
with the pipeline and other measures because of concerns that the financing terms offered by CWCB might be modified in the tough economic times. Recalling the years it took to litigate