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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. Ground Water Commission Meeting Minutes Page 3 February 15, 2013 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, SB72, 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 dedesignating portions of Upper Crow Creek. Ground Water Commission Meeting Minutes Page 4 February 15, 2013 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 Ground Water Commission Meeting Minutes Page 5 February 15, 2013 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 Minutes2013-2-15_DraftRevised.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 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. Ground Water Commission Meeting Minutes Page 3 February 15, 2013 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, SB72, 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 dedesignating portions of Upper Crow Creek. Ground Water Commission Meeting Minutes Page 4 February 15, 2013 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 Ground Water Commission Meeting Minutes Page 5 February 15, 2013 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 PacketMemo2013May.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 (303) 866-3581 </w:t></w:r></w:p><w:p w:rsidR="00707 FAX (303) 866-3589 John W. Hickenlooper Governor Mike King Executive Director, DNR Dick Wolfe, P.E. Executive Director May 6, 2013 MEMORANDUM TO: Ground Water Commission Members FROM: Keith Vander Horst, Designated Basins Team Leader SUBJECT: Upcoming Ground Water Commission Meeting The upcoming Ground Water Commission meeting is scheduled for 10:00 a.m. on Friday, May 17, 2013, at the Town of Castle Rock Council Chambers, 100 N. Wilcox, 2nd Floor, Castle Rock, CO 80104. 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. 6 Application and variance request Objections Staff Memo The following items involving the hearing on a request by Verna Marlene Hill for variances, Agenda Item no. 7 Application and variance request 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 PacketMemo2013May.pdf QRTSTAT-2013May.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) FEBRUARY1, 2012 THROUGH APRIL 30, 2013 105.00 107.00 111.00 111.00 34.00 31.00 8.00 0.00 0.00 1.00 11.00 9.00 12.00 5.00 23.00 16.00 2.00 5.00 30.00 3.00 3.00 2.00 5.00 0.00 8.00 10.00 0.00 7.00 9.00 2.00 7.00 7.00 4.00 1.00 6.00 1.00 1.00 1.00 0.00 0.00 1.00 0.00 0.00 0.00 2.00 3.00 1.00 10.00 1.00 3.00 1.00 1.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 6.00 2.00 3.00 0.00 6.00 0.00 0.00 0.00 0.00 0.00 1.00 1.00 0.00 1.00 1.00 1.00 0.00 0.00 0.00 0.00 80.00 64.00 15.00 24.00 47.00 10.00 23.00 19.00 21.00 6.00 80.00 79.00 35.00 10.00 0.00 6.00 47.00 66.00 37.00 25.00 42.00 10.00 21.00 6.00 15.00 13.00 3.00 StaffReport2013May.doc STATE OF COLORADO GROUND WATER COMMISSION Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 821 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 http://water.state.co.us John W. Hickenlooper Governor Mike King Executive Director, DNR Dick Wolfe, P.E. Executive Director