DWR_3364064

• Board or Commission: Colorado Ground Water Commission
• Document Type - Board and Commission Meetings: Meeting Document
• Document Date: 8/11/2017
• Subject: MEETING MATERIALS

within. He noted that Nebraska has acknowledged that there are years when the allocation is not sufficient to meet its needs due to drought conditions. Mr. Wolfe said that when these
conditions occur Nebraska has a series of pre-approved plans they can implement on an as needed basis from year to year. He also noted that though Kansas has not yet had to implement
any conservation plans the potential is there that they will. Chairman Valdez called for agenda item no. 5, Commissioners’ reports. Chairman Valdez presented Mr. Wolfe with a plaque
and resolution expressing the Commission’s gratitude for his service. Commissioner Kramer thanked Mr. Wolfe for regularly meeting with the people of the Northern High Plains to answer
their questions regarding the Republican River or any other questions. Chairman Valdez called for agenda item no. 6, the staff activity report. Mr. Vander Horst went over his written
report. He noted that a hearing case, not in the written report, regarding Progressive Ag. Management to change the description of irrigated acres was resolved quickly when the objector
withdrew his objection soon after filing it. Mr. Vander Horst advised the Commission on the enforcement activity the past quarter, noting that the El Paso County Sheriff has provided
Mr. Grimes with a list of marijuana grows where he suspects that a domestic well permit is being used, he wants Chris to look into them for violations of their well permit. After review
of the file, a show cause letter is sent to those of concern. Mr. Vander Horst said that he and the State Engineer do not want Mr. Grimes to enter into a dangerous zone so there are
few field inspections of these wells. Responding to a question of Commissioner Valdez, Mr. Vander Horst said that there are 33 properties identified on the list from the Sheriff.
Commissioner Wolfe took a moment to add to his report. He said that the advisory committee for the Republican River Basin Rules has taken a break in its discussions. The reason is
that a question arose over enforcement authority between Water Court, Ground Water Commission, Management Districts and the State Engineer. It was deemed necessary to have legislation
passed to clearly identify who has enforcement authority for violation of the Republican River rules. Chairman Valdez called for agenda item no. 7, the Attorney General’s report.
Mr. Michael Toll briefed the Commission on the Strasburg and Kiowa cases, noting their similarity. He identified the questions of legal issue and actions concluding with the advisement
that the case will be heard the following week. Responding to a question of Commissioner Noble, Mr. Toll responded that he was not sure when an initial decision will be issued and
was unsure if the matter would come before the Commission on appeal at the August meeting. Ground Water Commission Meeting Minutes Page 3 May 18, 2017 Mr. Pat Kowaleski took a moment
to introduce Chris Stark a new attorney with AG’s office and Paul Bennington, the First Assistant in the Water Rights Unit, his supervisor. Commissioner Arnusch requested an update
on the Hutton matter. Mr. Kowaleski informed the Commission that oral arguments may be in the fall. Chairman Valdez called for agenda item no. 8, Management District Reports. Mr.
Nate Midcap, reporting for the Marks Butte, Frenchman, Sandhills and Central Yuma GWMD’s. Mr. Midcap, in an effort to demonstrate the discussions on conservation being held in his
districts, used a few of the Commissioners in his scenario. One is a farmer with several wells each permitted to irrigate 160 acres but have for the past 30 years, only irrigating
130 acres, the second is a person who replaced irrigated land with a feedlot, and the third a farmer permitted to irrigate 240 acres with 400 acre-feet. After providing this “background”,
he asked them decide who was the most conservative and if they were willing to do more. Mr. Midcap said that these conversations, both frustrating and fruitful, are what his District
meetings are like. Mr. Midcap said that the Districts are working on conservation projects on less than $80.00 per well or 50 cents per acre. In response to a question of Commissioner
Arnusch regarding District funding, Mr. Midcap stated that he can collect a tax of 15 cents per acre or $60.00 per well plus there is a $15.50 Republican River fee and even with pumping
costs, water is cheap in his area. Mr. Mc Call, reporting for the W-Y GWMD, reported that his board continues to work on compliance matters. He says that though the board is torn
in many different directions he hopes they can reach a decision this month. There was no report for the Arikaree GWMD. Ms. Brandi Baquera, reporting for the Plains GWMD, reported
that the spring moisture has put the farmers behind in their planting. She further reported that the static water levels across the basin have declined. Ms. Baquera informed the Commission
that her District, though being the first to start conservation discussions, has not progressed very far. They are looking at their rules and trying to collect and analyze data, anything
to help move the discussion along. There was no report for the East Cheyenne GWMD. Mr. Blake Gourley, reporting for the Southern High Plains GWMD reported that his basin had been
hit with a blizzard a few weeks past. He said that the moisture was good but it put people way behind in their planting. Mr. Gourley said that people continued to recover as they
pull livestock out of the fields so that they could plant. Mr. Glen Frihauf reporting for the North Kiowa Bijou GWMD, reported that they had lower water levels. He said the number
of domestic wells going in is concerning and they are keeping an eye on it. Ms. Lisa Thompson, legal counsel for the Upper Black Squirrel GWMD, advised the Commission that the Board
had just finished an export hearing that went very smoothly because they had negotiated with the user during the change in use application process. She mentioned that the applicant
had provided the 10 years of record required by Rule but that the opposers wanted 30 years of record. Ms. Thompson said that the opposers used the information provided to negotiate
the applicant down. She also mentioned that Districts interest in 2 replacement plans, on by Meridian which was just completed and the other by Woodman Hill Metropolitan District.
Ms. Thompson mentioned that these 2 plans are very similar. She reported that she believed settlement was pending in another matter involving the Cherokee Metropolitan District and
the legal use of 8 wells in the center of the Basin. Ms. Thompson closed her comments noting that the County Sherriff wants to know if the Division of Water Resources will visit a
site after the grow Ground Water Commission Meeting Minutes Page 4 May 18, 2017 operation has been shut down by removal of the electric supply. After discussion is decided that the
Division of Water Resources will look at language to tag a well that is no longer in use, thus not in violation, to help keep the property from reverting to another grow operation.
Responding to a question of Commissioner Noble, Ms. Thompson affirmed that some of the wells may have actual domestic use and so each one must be handled on a case by case basis.
Commissioner Farmer suggested that the new legislation, limiting the number of plants per household may help. He said that previously they could have 99 plants per person which led
to 1 house on a domestic well with 15 family members so they could have 1485 plants. There was no report for the Upper Big Sandy GWMD. Commissioner Arnusch informed the Commission
that many of the Lost Creek GWMD, board members had testified for the passage of SB-36, regarding De Novo trials, that was recently signed by the Governor. Mr. Scott Tietmeyer, reporting
for Upper Crow Creek Basin, reported that there is an increase in oil exploration activity. There are four companies working in the area. He noted that in Wyoming, when water is sold
to the oil companies irrigated acres are retired. In the Upper Crow Creek Basin the oil companies are seeking bedrock water, putting together contracts of thousands of acres. He is
concerned because these contracts do not have terms for specific sales of water being in his opinion more speculative and they are perpetual. Ms. Deb Daniel, reporting for the Republican
River Water Conservation District, reported that the executive committee and several board members went to Washington D.C. in February to speak with members of the USDA to garner more
support for the conservation programs. She expects that they will return to Washington D.C. this coming summer. Ms. Daniel noted that the CREP program was established in 2006 and
is due for some updating. Ms. Daniel reported that the District had pumped 10,800 acre-feet between October and March. She also informed the Commission that the District had purchased
some property on the Arikaree River at the state line with plans to retire the three irrigation wells that are on the property. Ms. Daniel closed her comments with a video tribute
to Dick Wolfe. Chairman Valdez called for agenda item no. 9, old business. a. Status on joint proposal regarding the “Petition For Determination of Jurisdiction Over Surface Water
Within the Upper Black Squirrel Creek Designated Ground Water Basin”, from Meridian Service Metropolitan District. Mr. Mason Brown, representing the Meridian Service Metropolitan District
addressed the Commission. He advised the Commission that the parties had met for the first time on the previous Monday. Mr. Mason said that all parties were hopeful of an agreement
and asked the Commission for more time before the matter came before them. Chairman Valdez, noting no opposition, set the matter for the August meeting. Ground Water Commission
Meeting Minutes Page 5 May 18, 2017 b. Status of stakeholder process on proposal to amend Rule 5.6 regarding replacement plans, and Rule 5.8 regarding artificial recharge, storage,
and recovery plans. Mr. Keith Vander Horst advised the Commission that the stakeholder process is ongoing. He noted that after three stakeholder meetings there had been significant
changes to the proposed changes. Mr. Vander Horst plans to get a revised draft out and hold a fourth stakeholder meeting. In response to a question of Commissioner Valdez, Mr. Vander
Horst said that there are 15 to 20 participants at the stakeholder meetings. c. Status of proposed amendments to 2 CCR 402-3, Rules of Procedure for All Hearings Before the Colorado
Ground Water Commission. Mr. Jodi Grantham addressed the Commission. He stated that the purpose of this item on the agenda was to receive permission to proceed with publishing the
proposed rules and filing them with the Secretary of State. Mr. Grantham said that there would then be a hearing before the Commission, either in August or November, probably November
because the location of the August meeting, if out of town, may prevent an interested party from participating. Responding to a question of Commissioner Noble, Mr. Grantham said that
the proposed changes had been sent to those attorneys that practice before him, they were published twice in the Substitute Water Supply Plan notification list and they are on the website,
there has been adequate notification to water users. Commissioner Wolfe suggested that the draft as presented before them be sent out for comment one last time. Mr. Kowaleski advised
the Commission that they are not giving their stamp of approval at this time. He said that once the proposed rule changes are published, that publication will set a date and time for
a hearing before the Commission. Mr. Kowaleski said that the Commission may change the proposed rules if they choose to do so at that hearing before voting on them. He said that this
process of publication and filing with the Secretary of State push the process to the hearing stage. Commissioner Noble moved to proceed to formal approval with the Secretary of State.
Commissioner Larson seconded the motion which passed unanimously. Chairman Valdez called for agenda item no. 10, new business. a. Introductory discussion on Commission’s involvement
with conservation measures, by Commissioner Farmer. Commissioner Farmer said that he has received feedback from a few of the Basins saying that there is a conflict between the Basins
and staff. He went on to say that he believes this conflict revolves around conservation. Commissioner Farmer would like to open a discussion on the matter so that everybody believes
they are on the same page. He referenced the material he provided at the February meeting for the Texas Ground Water Management District operations. Commissioner Farmer ended his
comments opening the item up to discussion. Chairman Valdez asked the Districts if they had any comments on Commissioner Farmer’s thoughts. There was no response. Ground Water Commission
Meeting Minutes Page 6 May 18, 2017 Responding to a question from Commissioner Wolfe, Commissioner Farmer said that, as he sees it, there are two items for continuing discussion, conflict
and conservation. He went on to say that he would like to have an informal session for the Districts to say how they view the Commission and staff and vice-versa. Commissioner Farmer
went on to say that as a layman he does not always understand the reasons for the complex paths chosen by staff when in his mind something simpler will do. He wants more open conversation
between staff, the Commission and the Districts. Commissioner Wolfe said that he is aware of the strained relations that Commissioner Farmer was talking about. He said that it was
his opinion that communication was the root cause of the strained relationships and that there is a training session planned for the lunch period, with more to follow, that he believes
will educate the Commission and the Districts on staffs procedures. Commissioner Wolfe asked for input from the Commissioners and Districts, noting that his door is always open. Chairman
Valdez asked Commissioner Farmer if he would want this as an item under old business at future meetings. Commissioner Farmer said that would be a good idea. He added that he would
like to see the Commission more involved in the legislative activities. Mr. Robert Longenbaugh addressed the Commission. He advised the Commission that he was actively involved in
the “65” legislation that created the process for creating a Designated Basin and Management District. Mr. Longenbaugh said that the statutes support the individual Districts efforts
to create conservation practices for that District. He said that what is good for one District will not be good for all. He noted that this variety then makes matters difficult for
staff. Responding to Chairman Valdez, Commissioner Farmer said that he would like for everybody to think about it then discuss it at the next meeting. b. Proposal to initiate a change
to Rule 7.4 to require a historical withdrawal and depletion analysis for a change of description of irrigated acres, by Staff. Mr. Keith Vander Horst approached the Commission. He
said that staff is requesting Commission approval to allow a proposed change to Rule 7.4 be taken ahead of the general proposed changes. Mr. Vander Horst advised the Commission that
Rule 7.4 covers applications to change the description of irrigated acres. He went on to explain the current process of how Rule 7.4 is implemented, noting that there is no historic
use analysis conducted to change the description of irrigated acres. He said that if you are permitted to irrigate 160 acres you may change the permitted description to any 160 acres.
Mr. Vander Horst said that there are more applications being received to change the description of acres, a typical example being a well permitted for 160 acres but, based on aerial
photographs, has for the past 30 years appeared to only irrigate 130 acres. The applications received are to change the description to a different 160 acres, normally described as
130 acres in a pivot and 30 acres in a small pivot in another quarter, essentially increasing the number of irrigated acres over the past 30 years. Mr. Vander Horst said that this
action runs contrary to the conservation programs put forth by the Districts, the CREP, EQUIP and dry-up programs. Mr. Vander Horst added that this adversely effects Colorado’s compliance
with the Republican River Compact. He said that the computations in the compact are based on actual irrigated acres and if the number of irrigated acres is going up it has an effect
on compact compliance. He said that he has heard from Management Districts, especially in the Northern High Plains that this rule needs to be changed so as to stop the effective expansion
of irrigated acres. Ground Water Commission Meeting Minutes Page 7 May 18, 2017 Mr. Vander Horst stated that his memo included suggested wording. He is asking that the Commission
give permission to proceed with the informal stakeholder process as dictated by statute. Responding to a question of Commissioner Noble, Mr. Vander Horst said that he had not received
any opposition at this point, noting that the proposal just came out with the meeting packet so there was not a lot of opportunity to comment. Commissioner Wolfe re-stated that there
is a lot of support for this change from the Districts and user’s, especially in the Northern High Plains. He said that he supports the proposal. Ms. Leila Behnampour addressed the
Commission. She said that the four districts, the Central Yuma, Frenchman, Marks Butte and Sand Hills Districts support the change and the expedited procedure. Commissioner Farmer
asked Ms. Behnampour why each District could not make their own rule rather than making it a statewide rule. Ms. Behnampour said that the Statutes are written such the Commission handles
changes of use and that the Districts do not have the resources to handle that. She added that if during the process it may be decided that the Districts would not object if, in the
end the change applied only to the Northern High Plains. Commissioner Farmer said that he would like to see as much control as possible to remain with the Districts. Ms. Behnampour
said that the decision before the Commission is to expedite the rule change or not and that the issue could be discussed during the stakeholder process. Commissioner Farmer asked
the reason for Mr. Vander Horst to relate the action of changing the description of irrigated acres to the Republican River Compact since all Designated Basin wells are considered non-tributary.
Commissioner Wolfe explained that it came down to a matter of intrastate vs. interstate administration. Mr. Wolfe said that the United States Supreme Court had ruled that the pumping
of the wells in the Northern High Plains affected the surface flows of the Republican River. Mr. Vander Horst addressed the Commission to clarify his comments. He said that the standard
for a change of water right is that there should be no material injury. He went on to say that the current rules have a different standard of material injury based on the type of change
you want. Commissioner Arnusch moved to approve the initiation of the stakeholder process to amend Rule 7.4. Commissioner Kramer seconded the motion which passed unanimously. c. Selection
of August Meeting location. Secretary Nielsen was directed to plan for the August meeting to be held on the West Slope. Chairman Valdez called for agenda item no. 11, public comment.
Ms. Leila Behnampour approached the Commission. She said that she was representing North Kiowa LLC. Ms. Behnampour referenced a letter she wrote requesting that the changes to Rules
4, 5, 7 & 11 be expedited. She said that the letter was written because her client does not know what the process is or what the time line is because some changes are being taken out
and expedited. Ms. Behnampour stated that her clients concerns included how small capacity wells are issued. Mr. Vander Horst explained that the issue of the small capacity wells
revolved around a determination of water right and the need to cancel a portion of that right to obtain a small capacity livestock permit. He said that this required the development
of a new process which took some time but that North Kiowa LLC Ground Water Commission Meeting Minutes Page 8 May 18, 2017 received the permit requested. Mr. Vander Horst said that
considering the issuance of the permit that staff does not understand the necessity of expediting the requested rule changes. Responding to Commissioner Wolfe, Mr. Vander Horst said
that due to the heavy work load and hearings that are in progress that he has not had time to pursue the general rule change. Responding to a question of Commissioner Noble, Mr. Vander
Horst said that staff disagreed with the concept of the letter that a small capacity well can be issued on lands where the water is part of a determination. He also said that if the
processes was expedited that there would be no hearing until November which will not help North Kiowa LLC for this summer. Responding to a Commissioner Wolfe, Ms. Behnampour said that
her clients would be willing to agree to the process as set forth by Mr. Vander Horst. There being no further business the meeting adjourned. Respectfully submitted,
Richard A Nielsen, P.E., Secretary Colorado Ground Water Commission
PacketMemo2017Aug.docx
Ground Water Commission
1313 Sherman Street, Room 821
Denver, CO 80203
August 1, 2017
MEMORANDUM
TO: Ground Water Commission Members
FROM: Keith Vander Horst, Designated Basins Team
SUBJECT: August 10 & 11, 2017 Ground Water Commission Meeting
The upcoming Ground Water Commission meeting scheduled for 8:30 a.m. on Friday, August 11, 2017, will be in the Garfield County Library, 815 Cooper Ave., Glenwood Springs, CO 81601.
Please find attached the following:
Please find attached the following:
Meeting agenda
Minutes of the last Commission meeting, Agenda Item No. 3
Staff Activity Report, Agenda Item No. 6
Attorney General’s Report, Agenda Item No. 7
Memo regarding proposal to initiate formal process to change Rule 7.4 to require a historical withdrawal and depletion analysis for a change of description of irrigated acres, Agenda
Item No. 9.b
Memo regarding status of stakeholder process, including possible proposal to initiate the formal process, to amend Rule 5.6 regarding replacement plans and Rule 5.8 regarding artificial
recharge, storage, and recovery plans, Agenda Item No. 9.c
Hearing Officer's Report
Please contact myself or Rick Nielsen if there are any questions about the Commission meeting.
cc:Commission Staff
Designated Ground Water Management Districts

PacketMemo2017Aug.pdf

QRTSTAT-2017Aug.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
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)
MAY 1, 2017 THROUGH JULY 31, 2017
INCOMPLETE REURNED
105.00
107.00
111.00
111.00
35.00
27.00
10.00
0.00
0.00
0.00
1.00
3.00
5.00
5.00
52.00
44.00
8.00
15.00
9.00
0.00
0.00
0.00
0.00
0.00
35.00
30.00
0.00
5.00
3.00
1.00
0.00
0.00
1.00
0.00
21.00
19.00
2.00
7.00
0.00
1.00
0.00
0.00
1.00
0.00
19.00
23.00
2.00
1.00
0.00
0.00
0.00
0.00
1.00
0.00
4.00
3.00
1.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
1.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
1.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
166.00
147.00
24.00
28.00
12.00
2.00
1.00
3.00
8.00
5.00
166.00
171.00
43.00
23.00
0.00
6.00
29.00
15.00
18.00
9.00
0.00
2.00
8.00
5.00
10.00
4.00
0.00

StaffProposalOnRule7.4.pdf

StaffReport2017Aug.docx
Ground Water Commission
1313 Sherman Street, Room 821
Denver, CO 80203
August 11, 2017 Meeting
MEMORANDUM
TO:Kevin Rein, Executive Director – Ground Water Commission
FROM:Keith Vander Horst, Designated Basins Team Leader
SUBJECT:Staff Activity Report for May 1, 2017 through July 31, 2017
Various activities performed during the last quarter are briefly described below.
New and Replacement Applications
Table 1 provides a breakdown, by basin, of permitting activity for the last quarter. Permit activities are summarized as follows.
Small capacity:
166 small capacity new and replacement well permit applications were received
171 small capacity new and replacement well permits were issued
Large Capacity:
29 large capacity new and replacement well permit applications, and Determination of Water Right applications, were received
15 large capacity new and replacement well permits and Determinations of Water Rights were issued
Table 2 provides details on the individual pending large capacity new and replacement permit applications and Determination of Water Right applications.
Change Applications
Table 1 also gives a breakdown, by basin, of change of water right application activities for the last quarter:
8 new change applications were received
5 change applications were approved
Table 3 provides details on the individual pending change of water right applications.
Final Permit Summary
Below is a summary of the status of permits subject to Final Permitting as of July 31, 2017. The</ numbers do not include permits that are not subject to Final Permitting, such as for
Denver Basin bedrock aquifer permits. Conditional permits counted in the table below that have not been issued Final Permits consist of either recently issued conditional permits for
which the <well owner still has opportunity to use the well and prove up the conditional right and be issued a Final Permit, or older conditional permits that are still pending evaluation
and/or issuance of a Final Permit.
Final Permit Status as of July 31, 2017
Basin
Total Number of Permits
Number of Final Permits Issued
Number of Pending Conditional Permits
Northern High Plains
4096
4096
0
Southern High Plains
1226
1194
32
Lost Creek
372
372
0
Kiowa-Bijou
872
868
4
Upper Big Sandy
121
121
0
Upper Black Squirrel Creek
161
154
7
Upper Crow Creek
121
106
15
Camp Creek
51
48
3
Total
7020
6959
61
Objections/Hearings
Below is a list of pending cases. Details on these cases are contained in the Attorney General’s and Hearing Officer's reports. The Staff took part in meetings, pre-hearing conferences,
preparation of pre-hearing statements, and otherwise worked on resolving these cases.
Pending with the Commission
Cherokee Metro Dist. & Meridian Service Metro Dist., 08GW71 (replacement plan)
Cherokee Metro Dist., 08GW78 (change of use of alluvial well)
Cherokee Metro Dist., 09GW15 (change of use of alluvial wells)
Kiowa, Town of, 16GW02 (Final Permit)
Lost Creek Dairy, 17GW02 (change use of Laramie-Fox Hills well)
Lost Creek Dairy, 17GW03 (increase allocation of 2952-BD)
Meridian Service Metro Dist., 09GW11 (change of use of Denver Basin rights)
Meridian Service Metro Dist., 16GW05 (Petition for determination of jurisdiction)
Strasburg, Town of, 16GW01 (Final Permit)
Upper Crow Creek Parties, 17GW01 (creation of a ground water management district)
Woodmen Hills, 03GW20, (new alluvial rights and a replacement plan)
Under appeal
Front Range Resources, 13GW07 (replacement plan in Lost Creek)
Gallegos, 03GW06, (Request for de-designation in Upper Crow Creek)
Completed during the last quarter
Axton, Brett, 15GW05 (Arapahoe and Denver aquifer rights)
Axton, Brett, 15GW06 (pond-wells and a replacement plan)
Meridian Service Metro Dist., 15GW14 (replacement plan, alluvial drains)
Cherokee Metro Dist., 15GW15, (complaint on administration of wells)
Enforcement Items and Actions
For the period of May - July, staff has responded to a variety of complaints involving the perceived unpermitted use of wells and designated groundwater. Show cause letters and subsequent