DWR_3353970

• Board or Commission: Colorado Ground Water Commission
• Document Type - Board and Commission Meetings: Meeting Document
• Document Date: 5/18/2012
• Subject: MEETING MATERIALS

of the variance.
Chairman Coryell asked if the East Cheyenne Ground Water Management District has taken a position. Mr. Shimmin reported that the District supports the request.
Commissioner Valdez, noting that this was the second time for the request from the Town, if there were plans for future water supplies to keep this from occurring again.
Mr. Shimmin responded stating that though it is being looked into this is what is faced by everybody as the aquifer goes dry.
Chairman Coryell closed the hearing and opened the floor to discussion.
There being no further discussion;
Commissioner Burr moved to approve the request for a variance to Rules 7.3.1, 7.3.2 and 7.3.4.
Commissioner Smith seconded the motion which passed unanimously.
Chairman Coryell called for agenda item no. 15c new business, recognition of Commissioner Alexandra Davis.
Chairman Coryell read a resolution on the matter of service provided to the Commission by Ms. Davis.
Commissioner Valdez moved to approve the resolution.
Commissioner Smith seconded the motion which passed unanimously.
Ms. Davis acknowledged and thanked the Commission for the recognition.
Chairman Coryell called for agenda item no. 15-b new business, 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 2 Water Court), as to whether it must be allocated and administered by the Commission or the Water Court.
Commissioner Schubert recused himself from the discussion.
Mr. Pat Kowaleski, attorney for the Commission, apprised the Commission of the issue for the day. Does the Commission want to decide or let the Hearing Officer decide if the water that
is the subject of 2010-CW-95 groundwater for the Commission to administer or surface water for the Court to administer?
Mr. Wayne Schroder, attorney for Meridian, introduced board members of Meridian Metro District to the Commission.
Ms. Julianne Woldridge, attorney for objectors, objected to the presentation of factual information by the applicant.
Mr. Pat Kowaleski advised the Commission that parties were provided opportunity to present materials in the packet that they thought appropriate and applicants material included the
entire engineering report. Therefore the applicant may proceed as long as they stay within the material already presented and so long as the Commissioners understand that some of the
information presented may be disputed.
Bruce Lytle, consultant for applicant, addressed the Commission. Mr. Lytle provided paper copies of the material he had in the power point presentation and other material previously
presented. He explained to the Commission how the current request in 2010-CW-95 is similar to a plan approved by the Court in 2005 and how Meridian intends to have the same issue in
three additional sub-basins within the Meridian service area. Mr. Lytle said that the plan calls for the diversion of water stored in storm detention ponds (required by the County)
and applying it to beneficial use. He said that their analysis indicates that approximately 1/3 of the precipitation would be run off because it would overtop the diversion structures
and move downstream. Mr. Lytle stated that the recharge losses would be made up by lawn and garden irrigation using Denver Basin bedrock waters.
Ms. Julianne Woldridge, attorney for objectors, re-stated the issue before the Commission of weather they have jurisdiction or not. This decision is not merely a legal but has factual
issues, mainly the nature of the water and should be sent to the Hearing Officer.
Mr. Mike Shimmin, representing Schubert Ranches, addressed the Commission. Mr. Shimmin agreed with Ms. Woldridge and went on to state that when the case was filed they asked the Court
to return the matter to the Commission for this decision which it did, obviously indicating some uncertainty. He read from a portion of the designation report dealing with surface
flows and concluded his remarks stating that as there are factual issues to determine and the matter should be set before the Hearing Officer.
Commissioner Wolfe asked Mr. Shimmin how groundwater rights would be administered against a surface water right. Mr. Shimmin responded that there is no surface flow without storm runoff
which makes it ground water. He likened this case to being the flipside of the Gallegos and Pioneer Ditch cases.
Ms. Jen Mele spoke to the Commission. She stated that she also represents the Division Engineer from Water Division 2 and the State Engineer in this matter as well as staff. All are
in agreement that the matter should be placed before the Hearing Officer.
Chairman Coryell presented the matter to the Commission for discussion and questions.
Commissioner Smith moved that the matter be sent to the Hearing Officer for an initial decision and recommendation.
Commissioner Huwa seconded the motion which passed unanimously.
Chairman Coryell called for agenda item no. 11, the staff activity report,
Mr. Vander Horst summarized his written staff activity report. Regarding the final permit project he noted that Lost Creek was complete, there is one (1) group left in the Southern
High Plains, there are seven (7) groups to finish in Kiowa-Bijou with one (1) to publish and the few stragglers in Upper Black Squirrel. Mr. Vander Horst advised the Commission the
reason for the high number of hearings is because the North Kiowa-Bijou District is objecting to every final permit that is not located on their tax rolls. He informed the Commission
that enforcement proceedings were progressing on an irrigation well being used for unpermitted commercial and expanded acres. Mr. Vander Horst concluded his remarks by addressing the
staffing changes alluded to by Commissioner Wolfe, namely that the Republican River team is now supervised out of the Division 1 office in Greeley.
Chairman Coryell called for agenda item no. 12, the Attorney Generals report,
Ms. Jennifer Mele reporting for the Attorney General’s Office advised the Commission that closing arguments for the Gallegos case had occurred in January and that they are awaiting the
Hearing Officers decision. Now, she is getting ready for the Goss hearing which begins in early March. Based on information garnered during a site visit and ongoing concerns about
the applications, staff and the other objectors in the case have moved for dismissal or a stay of the case. On other matters Ms. Mele referred the Commission to her written report.

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 the recent snow, 14 inches, is appreciated by all. He informed the Commission
that the Sand Hills GWMD did have their hearing on the export of water for Republican River Compact Compliance. The board remains in deliberation over the issue and hopes to come to
a decision soon. Mr. Midcap closed his remarks by stating that the static water level measurements are going well.
Mr. Jack Dowell, reporting for the W-Y GWMD, reported that the moisture from the recent snow is a welcome relief from the dryness. He said that the crops were all in with good production
reports. The snow melting on unfrozen ground will help the wheat get going. The Salt Cedar and Russian Olive eradication program continues to be tackled on the South Fork. Mr. Dowell
reported completion of the static water level measurement: of the 94 wells he measured 37 were up an average of 1.33 feet, 26 were down an average of 1.56 and 23 remained steady.
Mr. Dowell noted that the water level increases and declines over the years are not in the same wells from year to year and that he is unable to correlate it to anything such as the
cropping.
Rod Mason, reporting for the Arikaree GWMD, reported that his district has a blanket of melting snow and that he had completed his static water level measurements for all 130 wells.
He expressed confusion over one well being down by a foot but the well one (1) mile away was up by a foot. Mr. Mason stated that term limits is affecting four (4) board members this
year. He has found three (3) replacements but the fourth is going to be hard.
Ms. BreAnn Ferguson, reporting for the Plains and East Cheyenne GWMD’s, informed the Commission that they did not get as much snow as other districts. She will finish her static level
measurements this week.
Mr. Max Smith, reporting for the Southern High Plains GWMD reported that things are quiet. Christmas was great with 18 inches of snow that had two (2) inches of moisture in it. After
last years’ dryness, people are looking for a green spring.
Mr. Robert Loose reporting for the North Kiowa Bijou GWMD, reported that the District has been busy with final permits, they look forward to finalizing the remaining 350. He reported
that Mr. Don Mc Clary, the Districts legal counsel, passed away last September and that they are struggling getting his replacement up to speed. He commented that he would not like
to have a new counsel and a new board at the same time.
Mr. Dave Doran, reporting for the Upper Black Squirrel GWMD, reported that the election was over and that there are two new board members, one of whom works for Meridian Ranch. He also
stated that the Board was working with staff on many items. Mr. Doran distributed to the Commissioners a copy of a Supreme Court Ruling, 99-SA-96, Goss V. Upper Black Squirrel GWMD
v. Colorado Ground Water Commission, dealing with jurisdiction. He provided his interpretation of the ruling asking the Commissioners to read it and form their own interpretation.
Mr. David Taussig reporting for the Upper Big Sandy GWMD, indicated that he had no report.
Mr. Andy Jones, reporting for the Lost Creek GWMD, reported that the District appreciated the report co-authored by Ralf Topper on Lost Creek storage. He stated that the Board agrees
that additional study of water quality and transient recharge are required. Mr. Jones said that the Board is concerned about the administrative issues and costs to the District if
a large scale re-charge/storage project is undertaken. He went on to say that residents are encouraged about reports that two (2) major dairies may move into the basin both as a potential
employer and as a purchaser of local crops. Mr. Jones concluded his report by restating the District’s support of the legislation to allow Districts to fine violators.
While Ms Daniel was preparing her presentation, Chairman Coryell called for agenda item no. 14, old business.
Mr. Pat Kowaleski reported back to the Commission regarding the matter of authority to assess fines. He stated that as the Commission and Districts’ are distinct, separate entities,
he would defer his opinions to those of the District’s respective legal counsels. He noted that statute explicitly gives the Commission the authority to assess fines for violation
of its rules while at the same time directing the Districts to court for violation of their rules, without reference to assessment of fines. Mr. Kowaleski said that it would be prudent
of the District’s to go through the legislat<ive process for the ability to assess fines. He went on to discuss the interrelation between the District and the Commission on the matter
of the District rules including the rulemaking procedure for the districts. He concluded stating that Districts are responsible for enforcing their individual rules.
Ms. Deb Daniel, reporting for the Republican River Water Conservation District, commented on the progress of the Sand Hills hearing on export and the draining of Bonny Reservoir. She
advised the Commission that interest in the CREP and AWEP programs remains strong. Ms Daniel then provided a presentation, with pictures, on the progress of the pipeline, which is
now 65 to 70 percent complete. The crews are working on the pipeline and collection system. Crews are working on the main pipeline while a local company is refitting the eight diversion
wells and another local company is laying the collection pipelines. Ms. Daniel concluded her report by acknowledging the efforts of Commissioners Coryell and Clever in their tenure
as Commissioner.
Chairman Coryell called for agenda item no. 15a, new business, the update of the Upper Big Sandy GWMD Rules.
Mr. Dave Taussig addressed the Commission on the recent re-writing of the District’s Rules. He discussed the motivation and procedures implemented during the process. The board’s goal
to sustain the aquifer, prevent over drafts of the aquifer and reduction in litigation was the prime motivation for board to write new rules that among other things dealt with export,
now governed by rule 3. Administration fees and limitations (2.5 acre-feet per well) are the major controllers for export. There are exceptions for fire fighting and public health
and safety. All exports are considered temporary, two (2) years, even the export of treated effluent. Any approval must be unanimous. Other rule changes require all well owners to
have a meter installed.<
There being no further business the meeting adjourned.
Respectfully submitted,
Richard A Nielsen, P.E.
Secretary to the Ground Water Commission
Ground Water Commission Meeting MinutesPage 8
February 17, 2012
Minutes-of_2012-2_Draft.pdf
PacketMemo2012May.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
May 8, 2012
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, May 18, 2012, in Room 318, 1313 Sherman St., Denver, Colorado 80203. <Please find herein enclosed
the following:
Meeting agenda
Minutes of the last Commission meeting, Agenda Item No. 3
Staff Activity Report, Agenda Item No. 7
Attorney General’s Report, Agenda Item No. 8
Staff’s proposal to amend Rule 5.5, Agenda Item no. 11.b
Hearing Officer's Report
Please contact myself or Rich Nielsen if there are any questions.
cc:Commission Staff
Designated Ground Water Management Districts

Memorandum
Upcoming Commission Meeting
Page 2
Upcoming Ground Water Commission MeetingPage 2
February 7, 2012
DENNIS W. CORYELL, CHAIRMAN, Burlington; COREY M. HUWA, VICE-CHAIRMAN, Roggen; GRANT H. BLEDSOE, Wray; 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
PacketMemo2012May.pdf
QRTSTAT-2012May.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)
FEBRUARY 1, 2012 THROUGH APRIL 30, 2012
105.00
107.00
111.00
111.00
32.00
19.00
12.00
3.00
0.00
3.00
4.00
7.00
8.00
3.00
21.00
10.00
7.00
29.00
44.00
2.00
1.00
3.00
3.00
0.00
7.00
4.00
1.00
10.00
0.00
8.00
0.00
3.00
4.00
0.00
15.00
12.00
1.00
2.00
0.00
4.00
0.00
0.00
0.00
0.00
13.00
9.00
2.00
6.00
0.00
0.00
0.00
0.00
2.00
0.00
2.00
1.00
1.00
1.00
0.00
0.00
0.00
0.00
0.00
0.00
5.00
4.00
0.00
2.00
0.00
0.00
0.00
2.00
0.00
0.00
0.00
0.00
0.00
0.00
3.00
2.00
0.00
0.00
0.00
0.00
95.00
59.00
24.00
53.00
47.00
19.00
5.00
15.00
17.00
3.00
95.00
83.00
24.00
11.00
1.00
6.00
58.00
62.00
25.00
15.00
2.00
19.00
17.00
3.00
11.00
2.00
2.00

Rule55Change_StaffProposal.pdf
StaffReport2012May.doc

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

1313 Sherman Street, Room 818
Denver, Colorado 80203
Phone [phone]
FAX [phone]
John W. Hickenlooper
Governor

Mike King
Executive Director, DNR

Dick Wolfe, P.E.
Executive Director