DWR_3364069

• Board or Commission: Colorado Ground Water Commission
• Document Type - Board and Commission Meetings: Meeting Document
• Document Date: 8/15/2014
• Subject: MEETING MATERIALS

years combined.
Rod Mason, reporting for the Arikaree GWMD, reported that everybody in his District is happy with the late snows. He also noted that his farmers want to know the static water levels
and so are happy to see him when he comes out to measure, the only time they are happy to see him.
Ms. BreAnn Ferguson, reporting for the Plains and East Cheyenne GWMD’s, informed the Commission that her Districts had received some snow, not as much as others but some. She also reported
that she has finished the static water level measurements and is onto chemigation. Ms. Ferguson informed the Commission that the Plains District board has decided to invite the producers
to the table to discuss conservation methods, they want their input.
Mr. Max Smith, reporting for the Southern High Plains GWMD reported that it is dry, windy and dusty. He said that according to the National Geographic, his area has received less moisture
than during the 30’s. Mr. Smith said that current farming practices are all that is preventing a repeat of the dust bowls. There has not been any spring moisture for a few years and
he does not know how dry land farmers are making it. Mr. Smith has never seen it this bad. What native ground cover is there is so dry and brittle that it erodes with the wind and
sand. Mr. Smith concluded asking for thoughts and prayers.
Mr. Glen Friehauf reporting for the North Kiowa Bijou GWMD, reported that his District received good moisture from the snow but also had some hard freezes. He said that the sugar beets
are being re-planted as it dries out. Mr. Friehauf advised the Commission that the District is working with staff on over-pumping matters and that all are invited to their meetings.
Mr. Tim Hunker, reporting for the Upper Black Squirrel GWMD, reported that the District is drier than most, having received little moisture to-date. He said that they are concerned
about a planned 1500 home development in the northern portion of the District where the recharge occurs. Mr. Hunker noted that the 10% drop in water level as reported by Mr. Topper
equates to a 20% drop in pumping ability. He also mentioned the Meridian case, the Cherokee case and the information that Cherokee is recharging 2 acre-feet per day at their recharge
facility in the southern part of the Basin.
Mr. David Tausig reporting for the Upper Big Sandy GWMD, reported that North of I-70 they have received good moisture but that South of the highway has received very little. Mr. Tausig
noted that he and Commissioner Smith are the lone voices for ground water at the Arkansas River Roundtable, the lone voice on ground water for input in the State Water Plan. He also
advised the Commission that the District Board is looking at re-working the small capacity rules, to reduce the pumping rate, and that they continue to move forward in implementing
metering on all high capacity wells. Mr. Tausig thanked Commissioners Burr and Kramer for their testimony on HB 14-1052. He felt that their voice was a big help in the passage of
the bill. Mr. Tausig concluded his comments with the information that the District is looking into the relationship between alluvial water and bedrock water and if re-charge continues.
Mr. Tom Sauter, reporting for the Lost Creek GWMD, reported that water levels are down a little bit. He said that the Board is taking this matter on with the new small capacity rules.
Mr. Sauter also informed the Commission that the District was assembling the priority dates for the high capacity wells in the event that they need to start administering them. Mr.
Sauter thanked Commissioners Burr and Kramer for their testimony before the interim water committee and all parties that were involved with the successful passage of HB-14-1052.
Mr. Scott Tietmeyer, reporting for Upper Crow Creek Basin, reported that they have been having abnormal winds with some being 50+ MPH. He also noted that Crow Creek continues to run
and has been since September, probably because Wyoming is releasing water in preparation for the snow melt. Mr. Tietmeyer reported that wells in Upper Crow Creek have seen a 35 foot
decline in water level along with a 60% decline in pumping ability.
Ms. Deb Daniel, reporting for the Republican River Water Conservation District, reported that the District had delivered 4,000 acre-feet of water through the pipeline by the end of March
and that the next delivery will begin in November. She reported that with these deliveries, the land owner will be re-vegetating close to 7,000 acres with rye. Ms. Daniel discussed
Mr. Toppers report, noting that she used to measure one of the wells he discussed. She commented that the well in question, which shows a rising water table, is now permanently retired
into the CREP program. She wants to look further into the matter to see if this will demonstrate a general rising water table with non-use of the wells. Ms. Daniel commented that
when she was young she wanted people to move to Burlington to help the town prosper. Now with water concerns she just wants them to all stay away. She closed noting that the Town
of Burlington water is unsafe for infants, pregnant or nursing women because of high nitrate levels.
Chairwoman Burr called for agenda item no. 12, old business, HB 14-1052, Coordination of enforcement actions between the Commission and the Ground Water Management Districts.
Commissioner Wolfe opened the discussion. He drew the Commissions attention to a memo from Mr. Kevin Rein who was unable to attend. Mr. Wolfe noted the summary of provisions in the
law at the beginning of the memo and the recommendation on how to memorialize the legislation. He clarified one of the bullet points at the bottom regarding recovery of costs. Mr.
Wolfe noted that each party would recover their associated costs to any enforcement action. Mr. Wolfe went on t<o explain that this discussion was occurring at this meeting because
the Governor’s Office called him asking how the interaction between the State Engineer and the local Management Districts would work. He said that he will report back to the Governor’s
Office after the meeting. He next invited Mr. Andy Jones to speak to the matter.
Mr. Jones addressed the Commission. He said that as he understood the position of the State Engineer and Commission Staff, they want to maintain the status quo. Commission Staff enforces
violations of Commission Rules, Districts enforce violations of District Rules and Staff enforces when in those instances where violations occur to both Commission and District rules.
Mr. Jones said that the Lost Creek District, considering the way the legislation was written and the way that resources are allocated, believes that Staff should take the lead on all
violations.
Commissioner Valdez commented that it was his understanding that Staff did not enforce District rules because of resource problems. Mr. Jones agreed that was probably a better way to
describe the situation adding that the Districts also have resource problems.
Commissioner Clever observed that the solution lies with the State Engineer sitting down with the Management Districts and discussing the situation.
Mr. Dave Tausig approached the Commission. He stated that he sees the need for open channels of communication and that the best way to tie it all together is with a memorandum of understating.
Mr. Bob Longenbaugh approached the Commission. He agreed with Mr. Tausig regarding the need for discussion. Mr. Longenbaugh went on to describe his relationship to the Commission,
being involved with the 65 Act and Designating the various Basins. He stated his opinion on the original intent of who controls the local waters, the Districts. Mr. Longenbaugh ended
his remarks agreeing with Commissioner Wolfe regarding using the water level declines shown by Mr. Topper to move forward in administration and control of designated water.
In response to a question of Commissioner Clever, Commissioner Wolfe stated that Staff will get together with the Districts before the August meeting to discuss this issue. Commissioner
Burr requested that the Commission members be invited to participate in those discussions.
Chairwoman Burr called for agenda item no. 13, new business.
Review of Rules and Regulations pursuant to Governor Hickenlooper’s Executive Order D 2012-002.
Mr. Jody Grantham addressed the Commission He said that the Division of Water Resources has 26 sets of rules which is a lot for a division. Mr. Grantham went on to say that he is waiting
for Staff to publish amended measurement rules to catch that most southern portion of the Basin. Mr. Grantham advised the Commission that he will begin their rules after he works on
those of the State Engineer. He closed his comments by offering to work with the Districts and Staff in their discussions surrounding HB-1052.
Commissioner Wolfe provided some background to the process. He said that this is coming from the Governor’s Office in their effort to make government more transparent. Agencies are
to review their rules, eliminating archaic ones and rewriting others to make them easier to understand. Any new rules are to be approved by the Governor’s Office and are now to be
written for eighth grade readability.
Location of August 15, 2014 meeting.
Commissioner Wolfe informed the Commission that he had spoken with Justice Hobbs about speaking on designated water at the meeting. Justice Hobbs is available but it must be in the
Denver area because of other commitments of his.
Commissioner Clever suggested that seeing the effects and recovery efforts from the floods of September would be interesting.
It was decided that the August meeting will take place along the Front Range, include a presentation by Justice Hobbs, a tour of the recovery efforts. Secretary Nielsen was directed
to look into the possibility of visiting a fracking site.
Chairwoman Burr called for agenda item no. 14, public comment.
Mr. Bob Longenbaugh addressed the Commission. Referring to Mr. Tausig’s comments on the round table meetings, Mr. Longenbaugh stressed the importance of being involved. He has been
involved in the South Platte round table for four years and is frustrated by their approach. It appears that they, the experts, are only considering the needs of Denver and other municipal
users. He said that ground water, for the most part, is not included in the discussion. Mr. Longenbaugh stated that the State Water Plan is on the fast track, they are placing a chapter
a week on the internet for review, the deadline is the beginning or end of July.
Mr. Longebaugh next spoke to the need for more intense monitoring of the water levels, sometimes day by day to understand how the water levels are affected. He referenced the recorded
rise in Black Squirrel downstream of the Cherokee recharge site asking, is the Cherokee plant the only reason water levels rose.
Mr. Longenbaugh closed his comments by mentioning the successful weather modification in Texas and suggesting that it be considered in the Eastern Plains and urging recharge projects
in the plains.
Commissioner Wolfe reminded the Commission about the CWCB web site for the State Water Plan as a place to provide their input and ideas.
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
May 16, 2014
Minutes2014-5-16_Draft.pdfMINUTES
MINUTES SECOND QUARTERLY MEETING COLORADO GROUND WATER COMMISSION MAY 16, 2014 The Second Quarterly Meeting of the Colorado Ground Water Commission took place on May 16, 2014,
at Castle Rock Town Hall, 100 N Wilcox, Castle Rock, Colorado. Vice-Chairman Steve Kramer 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 Carolyn Burr, Larry Clever, Steve Kramer, Greg Larson, George Schubert, Max Smith, Scott Tietmeyer, Virgil Valdez, Dick Wolfe
and Andy Moore, Staff members present were Keith Vander Horst, Richard Nielsen, Chris Grimes, Jay Bloomfield, David Keeler, Matt Sares 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. Vice-Chairman Kramer called for agenda item no.
2, Review and Approval of Agenda Items. Mr. Kramer noted that there were two changes to the agenda, recognition of Commissioner Huwa’s service and the election of chair and vice-chair.
Commissioner Valdez moved to accept the agenda as amended. Vice-Chairman Kramer called for agenda item no. 3, election of Chair and Vice-Chair. Commissioner Larson nominated Commissioner
Burr for chairwoman. Commissioner Valdez seconded the nomination. Commissioner Smith moved to close nominations and that Commissioner Burr be elected chairwoman by acclamation. Commissioner
Schubert seconded the motion which passed unanimously with Commissioner Burr abstaining. Chairwoman Burr called for nominations for Vice-Chair. Commissioner Clever nominated Commissioner
Kramer for vice-chairman. Commissioner Larson seconded the nomination. Commissioner Valdez moved to close nominations and that Commissioner Kramer be elected vice-chairman by acclamation.
Commissioner Tietmeyer seconded the motion which passed unanimously with Commissioner Kramer abstaining. Commissioner Wolfe read a resolution thanking Commissioner Huwa for his service
and dedication to the Commission. Ground Water Commission Meeting Minutes Page 2 May 16, 2014 Commissioner Larson moved to accept the resolution into the record. Commissioner Clever
seconded the motion which passed unanimously. Chairwoman Burr presented Commissioner Huwa with a framed copy of the resolution and a plaque thanking him for his service. Approval
of Minutes for Meeting of February 21, 2014, Chairwoman Burr asked if there were any corrections or additions to the minutes. Commissioner Wolfe advised the Commission that he had
located a few errors and that he would pass them on to Secretary Nielsen. There being no further edits; Commissioner Kramer moved to approve the minutes as amended. Commissioner
Smith seconded the motion which carried unanimously. Report of the Executive Director by Dick Wolfe Mr. Wolfe opened his remarks acknowledging the election of Commissioner Burr
as Chairwoman and Commissioner Kramer as Vice-Chair. He also acknowledged the appointment of Mr. Marc Arnusch to the Commission and the re-appointment of Commissioners Burr and Valdez.
Mr. Wolfe brought the Commission up-to-date on the RRWCP. He noted that the pipeline was operational under the one-year approval of Kansas and Nebraska and that the delivery of approximately
4,000 acre-feet went well. Mr. Wolfe noted that discussions with Kansas continue and that the State Engineer of Kansas was going to take our proposal to the people in the field, a
first. Mr. Wolfe concluded his remarks by noting that the measurement rules for the Northern High Plains will be amended to include that southern most portion not previously included
by the end of the summer or early fall. Chairwoman Burr called for agenda item no. 7, Commissioners’ reports. Commissioner Tietmeyer advised the Commission that he had attended the
State of the Basin symposium and really enjoyed it. He asked to be invited to any symposium or information sharing gathering that anybody holds or learns of. Commissioner Kramer advised
the Commission that Mr. Jim Martin, Water Commissioner in the Republican Basin, has attended a few local District meetings answering questions and providing information, keeping the
users up-to-date. It has been appreciated. He also said that the Water Preservation Partnership is slowly moving forward with plans to formally organize this week or next. Chairwoman
Burr called for agenda item no. 8, a Report on water level measurements in the Designated Basins, by Ralf Topper. Ground Water Commission Meeting Minutes Page 3 May 16, 2014 Mr. Topper
provided a brief introduction into the monitoring well data base, procedures and how to read the page of the report and associated maps. He advised the Commission that Upper Crow Creek
is the only Basin without a measurement program. Mr. Topper went through each basin, informing the Commission of the number of monitoring wells in the basin (Northern High Plains has
the most at 686 with Southern High Plains next with 88 wells), water level declines or increases. He noted that Upper Big Sandy around Limon, is stable with the water table 15 feet
below ground surface and that Kiowa-Bijou has no monitoring wells South of I-70 and Lost Creek declines are different in the northern, middle or southern portions of the Basin while
those in the Southern High Plains vary by the aquifer with the Dockum having the largest decline of 18.5 feet. Commissioner Burr asked Mr. Topper if there were plans to add to the
network in those areas of no or little coverage. Mr. Topper said that finances inhibit adding to the program. He said that most of the wells in the program are inherited from the
USGS and CSU who closed their programs because of budget concerns. Commissioner Burr expressed the opinion that the water levels in the atlases are a snapshot in time for the year,
specifically spring as that is when the measurements are taken. Mr. Topper agreed. Commissioner Wolfe brought the Commissions attention to the name Kevin Donegan on the report. He
advised the Commission that Mr. Donegan is a new employee in the hydrogeologic section, replacing Elizabeth Pottorff. Mr. Wolfe said that these reports are brought to the Commission
as a tool for them to use. He went on to point out that in Mr. Toppers report, most Basins showed a decline in the static water level, information that Commission could use going forward,
when deciding on reducing the aquifer decline or stabilizing the aquifers. Chairwoman Burr called for agenda item no. 9, the staff activity report. Mr. Keith Vander Horst discussed
his written report. He noted that large capacity permits are being issued in Upper Crow Creek, Camp Creek and the Southern High Plains. Mr. Vander Horst noted that though technically
open the Northern High Plains is essentially closed by over appropriation. Regarding enforcement actions, Mr. Vander Horst identified a well permitted for CAFO operations being used
to fill ponds for irrigation and two wells in the Arikaree District that are providing water for oil and gas development and/or fracking. He said that the division receives a lot of
calls regarding the use of water for fracking purposes, an industrial use not a commercial use. Mr. Vander Horst acknowledged Mr. Chris Grimes and Mr. Dave Keeler for conducting the
recent well testers’ class and Ms. Sandy Johnson for assisting other areas of the state in issuing well permits. There were no questions of Mr. Vander Horst. Mr. Kowaleski took
this time to acknowledge Mr. Vander Horst’s efforts in the eight (8) days of trial for the Gallegos case. Chairwoman Burr called for agenda item no. 10, the Attorney General’s report.
Ms. Jen Mele reported that they were working on the closing arguments for the Gallegos matter. She also noted that she was preparing for the Meridian case which begins at the end
of July. Ground Water Commission Meeting Minutes Page 4 May 16, 2014 Ms. Mele ended her remarks on the upcoming hearings for Front Range Resources; one hearing regards a change in
place of use and the other a replacement plan. Chairwoman Burr called for agenda item no. 11, Management District Reports Mr. Nate Midcap, reporting for the Marks Butte, Frenchman,
Sandhills and Central Yuma GWMD’s, reported that his Districts had received up to 6 inches of snow in May but that there were 3 days of frost the hurt the wheat farmers. Mr. Midcap
noted that the variability of static water levels as reported by Mr. Topper makes it difficult to get farmers to agree on conservation methods. He reported that he had finished his
static water level measurements and is approximately one-third of the chemigation inspections. In response to a question of Commissioner Burr, Mr. Midcap advised the Commission that
the water preservation project committee is made up of 1 board member from each District. Once they arrive at a plan they will include the users because if the users were in now nothing
would be agreed on. Mr. Jack Dowell, reporting the W-Y GWMD, reported that his District had also received good moisture this month. They have probably received more moisture this
month than the past two years combined. Rod Mason, reporting for the Arikaree GWMD, reported that everybody in his District is happy with the late snows. He also noted that his farmers
want to know the static water levels and so are happy to see him when he comes out to measure, the only time they are happy to see him. Ms. BreAnn Ferguson, reporting for the Plains
and East Cheyenne GWMD’s, informed the Commission that her Districts had received some snow, not as much as others but some. She also reported that she has finished the static water
level measurements and is onto chemigation. Ms. Ferguson informed the Commission that the Plains District board has decided to invite the producers to the table to discuss conservation
methods, they want their input. Mr. Max Smith, reporting for the Southern High Plains GWMD reported that it is dry, windy and dusty. He said that according to the National Geographic,
his area has received less moisture than during the 30’s. Mr. Smith said that current farming practices are all that is preventing a repeat of the dust bowls. There has not been any
spring moisture for a few years and he does not know how dry land farmers are making it. Mr. Smith has never seen it this bad. What native ground cover is there is so dry and brittle
that it erodes with the wind and sand. Mr. Smith concluded asking for thoughts and prayers. Mr. Glen Friehauf reporting for the North Kiowa Bijou GWMD, reported that his District
received good moisture from the snow but also had some hard freezes. He said that the sugar beets are being re-planted as it dries out. Mr. Friehauf advised the Commission that the
District is working with staff on over-pumping matters and that all are invited to their meetings. Mr. Tim Hunker, reporting for the Upper Black Squirrel GWMD, reported that the District
is drier than most, having received little moisture to-date. He said that they are concerned about a planned 1500 home development in the northern portion of the District where the
recharge occurs. Mr. Hunker noted that the 10% drop in water level as reported by Mr. Topper equates to a 20% drop in pumping ability. He also mentioned the Meridian case, the Cherokee
case and the information that Cherokee is recharging 2 acre-feet per day at their recharge facility in the southern part of the Basin. Ground Water Commission Meeting Minutes Page 5
May 16, 2014 Mr. David Tausig reporting for the Upper Big Sandy GWMD, reported that North of I-70 they have received good moisture but that South of the highway has received very
little. Mr. Tausig noted that he and Commissioner Smith are the lone voices for ground water at the Arkansas River Roundtable, the lone voice on ground water for input in the State
Water Plan. He also advised the Commission that the District Board is looking at re-working the small capacity rules, to reduce the pumping rate, and that they continue to move forward
in implementing metering on all high capacity wells. Mr. Tausig thanked Commissioners Burr and Kramer for their testimony on HB 14-1052. He felt that their voice was a big help in
the passage of the bill. Mr. Tausig concluded his comments with the information that the District is looking into the relationship between alluvial water and bedrock water and if re-charge
continues. Mr. Tom Sauter, reporting for the Lost Creek GWMD, reported that water levels are down a little bit. He said that the Board is taking this matter on with the new small
capacity rules. Mr. Sauter also informed the Commission that the District was assembling the priority dates for the high capacity wells in the event that they need to start administering
them. Mr. Sauter thanked Commissioners Burr and Kramer for their testimony before the interim water committee and all parties that were involved with the successful passage of HB-14-1052.
Mr. Scott Tietmeyer, reporting for Upper Crow Creek Basin, reported that they have been having abnormal winds with some being 50+ MPH. He also noted that Crow Creek continues to run
and has been since September, probably because Wyoming is releasing water in preparation for the snow melt. Mr. Tietmeyer reported that wells in Upper Crow Creek have seen a 35 foot
decline in water level along with a 60% decline in pumping ability. Ms. Deb Daniel, reporting for the Republican River Water Conservation District, reported that the District had delivered
4,000 acre-feet of water through the pipeline by the end of March and that the next delivery will begin in November. She reported that with these deliveries, the land owner will be
re-vegetating close to 7,000 acres with rye. Ms. Daniel discussed Mr. Toppers report, noting that she used to measure one of the wells he discussed. She commented that the well in
question, which shows a rising water table, is now permanently retired into the CREP program. She wants to look further into the matter to see if this will demonstrate a general rising
water table with non-use of the wells. Ms. Daniel commented that when she was young she wanted people to move to Burlington to help the town prosper. Now with water concerns she just
wants them to all stay away. She closed noting that the Town of Burlington water is unsafe for infants, pregnant or nursing women because of high nitrate levels. Chairwoman Burr
called for agenda item no. 12, old business, HB 14-1052, Coordination of enforcement actions between the Commission and the Ground Water Management Districts. Commissioner Wolfe opened
the discussion. He drew the Commissions attention to a memo from Mr. Kevin Rein who was unable to attend. Mr. Wolfe noted the summary of provisions in the law at the beginning of
the memo and the recommendation on how to memorialize the legislation. He clarified one of the bullet points at the bottom regarding recovery of costs. Mr. Wolfe noted that each party
would recover their associated costs to any enforcement action. Mr. Wolfe went on to explain that this discussion was occurring at this meeting because the Governor’s Office called
him asking how the interaction between the State Engineer and the local Management Districts would work. He said that he will report back to the Governor’s Office after the meeting.
He next invited Mr. Andy Jones to speak to the matter. Ground Water Commission Meeting Minutes Page 6 May 16, 2014 Mr. Jones addressed the Commission. He said that as he understood
the position of the State Engineer and Commission Staff, they want to maintain the status quo. Commission Staff enforces violations of Commission Rules, Districts enforce violations
of District Rules and Staff enforces when in those instances where violations occur to both Commission and District rules. Mr. Jones said that the Lost Creek District, considering
the way the legislation was written and the way that resources are allocated, believes that Staff should take the lead on all violations. Commissioner Valdez commented that it was
his understanding that Staff did not enforce District rules because of resource problems. Mr. Jones agreed that was probably a better way to describe the situation adding that the
Districts also have resource problems. Commissioner Clever observed that the solution lies with the State Engineer sitting down with the Management Districts and discussing the situation.
Mr. Dave Tausig approached the Commission. He stated that he sees the need for open channels of communication and that the best way to tie it all together is with a memorandum of
understating. Mr. Bob Longenbaugh approached the Commission. He agreed with Mr. Tausig regarding the need for discussion. Mr. Longenbaugh went on to describe his relationship to
the Commission, being involved with the 65 Act and Designating the various Basins. He stated his opinion on the original intent of who controls the local waters, the Districts. Mr.