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by Nate Midcap b. W-Y GWMD by Kyle Sprouse c. Arikaree GWMD by Rod Mason d. Plains GWMD by Brandi Baquera e. East Cheyenne GWMD by Carolyn Talbert f. Southern High Plains GWMD by Blake Gourley g. North Kiowa-Bijou GWMD by Robert Loose h. Upper Black Squirrel Creek GWMD by Tracy Doran i. Upper Big Sandy GWMD by Tracy Doran j. Lost Creek GWMD by Thomas Sauter k. Upper Crow Creek Basin by Dan Lloyd l. Republican River Water Conservation District by Deb Daniel NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION Thursday, August 16, 2018 Friday, August 17, 2018 Holiday Inn Hotel & Suites 21636 Highway 160 West Durango, CO 81303 A G E N D A NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION August 16 & 17, 2018 A G E N D A (cont.) 9. Old Business 10. New Business 11. Public Comments 12. Executive Session (if needed). The Board may refer any item contained or discussed under the Attorney General’s report, Agenda Item No. 7, for discussion in Executive Session. 13. Adjournment Agenda2018Aug_Amended.docxNOTICE OF GENERAL MEETING OF THE NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION Thursday, August 16, 2018 Friday, August 17, 2018 Holiday Inn Hotel & Suites 21636 Highway 160 West Durango, CO 81303 A G E N D A - Amended Thursday, August 16, 2017, 12:00 Noon Tour of Animas-La Plata Project and Lake Nighthorse Reservoir Friday, August 17, 2017, 8:30 am Determine quorum Review and approval of agenda items Approval of Minutes for Meeting of May 18, 2018 Report of the Executive Director by State Engineer Kevin Rein Commissioners’ Reports Staff Report by Keith Vander Horst. Report of the Attorney General by Philip Lopez. This is a background briefing on legal issues in the written report.< The Board may refer any item< contained or discussed under this topic to Agenda Item No. 12 for discussion in Executive Session. District Reports: Marks Butte, Frenchman, Sand Hills and Central Yuma GWMDs by Nate Midcap W-Y GWMD by Kyle Sprouse Arikaree GWMD by Rod Mason Plains GWMD by Brandi Baquera East Cheyenne GWMD by Carolyn Talbert Southern High Plains GWMD by Blake Gourley North KiowaBijou GWMD by Robert Loose Upper Black Squirrel Creek GWMD by Tracy Doran Upper Big Sandy GWMD by Tracy Doran Lost Creek GWMD by Thomas Sauter Upper Crow Creek Basin by Dan Lloyd Republican River Water Conservation District by Deb Daniel Old Business Request by parties to the rulemaking hearing amending Rules 5.6 and 5.8 that the Commission address the parties’ motion to the Hearing Officer to continue that rulemaking hearing New Business Public Comments Executive Session (if needed). The Board may refer any item contained or discussed under the Attorney General’s report, Agenda Item No. 7, for discussion in Executive Session. Adjournment</ NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION August 16 & 17, 2018 Agenda2018Aug_Amended.pdfNOTICE OF GENERAL MEETING OF THE Thursday, August 16, 2017, 12:00 Noon 1. Tour of Animas-La Plata Project and Lake Nighthorse Reservoir Friday, August 17, 2017, 8:30 am 1. Determine quorum 2. Review and approval of agenda items 3. Approval of Minutes for Meeting of May 18, 2018 4. Report of the Executive Director by State Engineer Kevin Rein 5. Commissioners’ Reports 6. Staff Report by Keith Vander Horst. 7. Report of the Attorney General by Philip Lopez. This is a background briefing on legal issues in the written report. The Board may refer any item contained or discussed under this topic to Agenda Item No. 12 for discussion in Executive Session. 8. District Reports: a. Marks Butte, Frenchman, Sand Hills and Central Yuma GWMDs by Nate Midcap b. W-Y GWMD by Kyle Sprouse c. Arikaree GWMD by Rod Mason d. Plains GWMD by Brandi Baquera e. East Cheyenne GWMD by Carolyn Talbert f. Southern High Plains GWMD by Blake Gourley g. North Kiowa-Bijou GWMD by Robert Loose h. Upper Black Squirrel Creek GWMD by Tracy Doran i. Upper Big Sandy GWMD by Tracy Doran j. Lost Creek GWMD by Thomas Sauter k. Upper Crow Creek Basin by Dan Lloyd l. Republican River Water Conservation District by Deb Daniel NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION Thursday, August 16, 2018 Friday, August 17, 2018 Holiday Inn Hotel & Suites 21636 Highway 160 West Durango, CO 81303 A G E N D A - Amended NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION August 16 & 17, 2018 A G E N D A - Amended (cont.) 9. Old Business a. Request by parties to the rulemaking hearing amending Rules 5.6 and 5.8 that the Commission address the parties’ motion to the Hearing Officer to continue that rulemaking hearing 10. New Business 11. Public Comments 12. Executive Session (if needed). The Board may refer any item contained or discussed under the Attorney General’s report, Agenda Item No. 7, for discussion in Executive Session. 13. Adjournment Agenda2018Aug_Draft.docxNOTICE OF GENERAL MEETING OF THE NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION Thursday, August 16, 2018 Friday, August 17, 2018 Holiday Inn Hotel & Suites 21636 Highway 160 West Durango, CO 81303 A G E N D A - DRAFT Thursday, August 16, 2017, 12:00 Noon Tour of Animas-La Plata Project and Lake Nighthorse Reservoir Friday, August 17, 2017, 8:30 am Determine quorum Review and approval of agenda items Approval of Minutes for Meeting of May 18, 2018 Report of the Executive Director by State Engineer Kevin Rein Commissioners’ Reports Staff Report by Keith Vander Horst. Report of the Attorney General by Philip Lopez. This is a background briefing on legal issues in the written report.< The Board may refer any item< contained or discussed under this topic to Agenda Item No. 12 for discussion in Executive Session. District Reports: Marks Butte, Frenchman, Sand Hills and Central Yuma GWMDs by Nate Midcap W-Y GWMD by Kyle Sprouse Arikaree GWMD by Rod Mason Plains GWMD by Brandi Baquera East Cheyenne GWMD by Carolyn Talbert Southern High Plains GWMD by Blake Gourley North KiowaBijou GWMD by Robert Loose Upper Black Squirrel Creek GWMD by Tracy Doran Upper Big Sandy GWMD by Tracy Doran Lost Creek GWMD by Thomas Sauter Upper Crow Creek Basin by Dan Lloyd Republican River Water Conservation District by Deb Daniel Old Business New Business Public Comments Executive Session (if needed). The Board may refer any item contained or discussed under the Attorney General’s report, Agenda Item No. 7, for discussion in Executive Session. Advisement on case no. 18GW02, LGS Holding Group, LLC Adjournment</ NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION August 16 & 17, 2018 Agenda2018Aug_Draft.pdfNOTICE OF GENERAL MEETING OF THE Thursday, August 16, 2017, 12:00 Noon 1. Tour of Animas-La Plata Project and Lake Nighthorse Reservoir Friday, August 17, 2017, 8:30 am 1. Determine quorum 2. Review and approval of agenda items 3. Approval of Minutes for Meeting of May 18, 2018 4. Report of the Executive Director by State Engineer Kevin Rein 5. Commissioners’ Reports 6. Staff Report by Keith Vander Horst. 7. Report of the Attorney General by Philip Lopez. This is a background briefing on legal issues in the written report. The Board may refer any item contained or discussed under this topic to Agenda Item No. 12 for discussion in Executive Session. 8. District Reports: a. Marks Butte, Frenchman, Sand Hills and Central Yuma GWMDs by Nate Midcap b. W-Y GWMD by Kyle Sprouse c. Arikaree GWMD by Rod Mason d. Plains GWMD by Brandi Baquera e. East Cheyenne GWMD by Carolyn Talbert f. Southern High Plains GWMD by Blake Gourley g. North Kiowa-Bijou GWMD by Robert Loose h. Upper Black Squirrel Creek GWMD by Tracy Doran i. Upper Big Sandy GWMD by Tracy Doran j. Lost Creek GWMD by Thomas Sauter k. Upper Crow Creek Basin by Dan Lloyd l. Republican River Water Conservation District by Deb Daniel NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION Thursday, August 16, 2018 Friday, August 17, 2018 Holiday Inn Hotel & Suites 21636 Highway 160 West Durango, CO 81303 A G E N D A - DRAFT NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION August 16 & 17, 2018 A G E N D A - DRAFT (cont.) 9. Old Business 10. New Business 11. Public Comments 12. Executive Session (if needed). The Board may refer any item contained or discussed under the Attorney General’s report, Agenda Item No. 7, for discussion in Executive Session. a. Advisement on case no. 18GW02, LGS Holding Group, LLC 13. Adjournment Designated Basins - Well Permit Stats - Activity Log.pdfDesignated Basins - Well Permit Stats Designated Groundwater Basins Well Application/Permit Activity Log From 05/01/2018 to 07/31/2018 Plains Kiowa B. SHP U Blk Sq. Lst Ck Cmp Ck. U Big Sdy Crow Ck. Total Total Applications Received 120 67 14 29 20 2 14 6 272 Non-Exempt 95 29 1 7 8 3 5 148 Exempt 25 39 13 23 12 2 11 1 126 Total Applications Unacceptable 24 13 5 7 5 1 44 99 Non-Exempt 2 5 1 2 4 40 54 Exempt 22 8 4 5 1 1 42 83 Total Applications Resubmitted 15 11 2 3 2 2 15 50 Non-Exempt 3 1 1 1 13 19 Exempt 15 8 2 2 1 1 15 44 Total Applications Denied 1 1 Non-Exempt 1 1 Exempt 0 Total Applications Withdrawn 1 1 1 3 Non-Exempt 1 1 2 Exempt 1 1 Total Permits Issued 0 Non-Exempt 0 Exempt 0 Total Permits Issued (New Well) 109 60 6 26 13 1 11 11 237 Non-Exempt 90 16 1 10 3 2 11 133 Exempt 19 44 5 16 10 1 9 104 Total Permits Issued (Replacement) 11 6 2 6 4 1 4 34 Non-Exempt 1 1 2 Exempt 10 6 2 6 3 1 4 32 Total Permits Canceled 1 1 5 2 1 10 Non-Exempt 1 1 4 6 Exempt 1 2 1 4 TOTAL 562 319 58 155 94 8 66 203 1465 Designated Basins - Well Permit Stats_1.pdf Designated Groundwater Basins Well Application/Permit Activity Log From 05/01/2018 to 07/31/2018 Plains Kiowa B. SHP U Blk Sq. Lst Ck Cmp Ck. U Big Sdy Crow Ck. Total Total Applications Received 120 67 14 29 20 2 14 6 272 Non-Exempt 95 29 1 7 8 3 5 148 Exempt 25 39 13 23 12 2 11 1 126 Total Applications Unacceptable 24 13 5 7 5 1 44 99 Non-Exempt 2 5 1 2 4 40 54 Exempt 22 8 4 5 1 1 42 83 Total Applications Resubmitted 15 11 2 3 2 2 15 50 Non-Exempt 3 1 1 1 13 19 Exempt 15 8 2 2 1 1 15 44 Total Applications Denied 1 1 Non-Exempt 1 1 Total Applications Withdrawn 1 1 1 3 Non-Exempt 1 1 2 Exempt 1 1 Total Permits Issued (New Well) 109 60 6 26 13 1 11 11 237 Non-Exempt 90 16 1 10 3 2 11 133 Exempt 19 44 5 16 10 1 9 104 Total Permits Issued (Replacement) 11 6 2 6 4 1 4 34 Non-Exempt 1 1 2 Total 10 6 2 6 3 1 4 32 1 1 5 2 1 10 1 1 4 6 1 2 1 4 562 319 58 155 94 8 66 203 1465 Enforcement Report August 2018.docx Enforcement Items and Actions For the period of May - August Staff has responded to a variety of complaints involving the perceived unpermitted use of wells and designated groundwater. Show cause letters and subsequent field inspections have been used to verify well permit compliance in many instances. The issues described below are active violations identified last quarter that have been resolved or are currently under review. NORTHERN HIGH PLAINS Plains GWMD Staff continues to work with Joe Fritzler to correct violations associated with his three irrigation wells. The wells in question have been irrigating unpermitted descriptions of irrigated acres and expanded unpermitted acres. Mr. Fritzler has submitted applications to change/reduce his description of acres and he has applied for commingling. These applications were sent back to Mr. Fritzler in July for additional information, and staff will be meeting with him on August 30th to review the completed/corrected applications. East Cheyenne GWMD Staff continues to work with Allen Schutte to address violations associated with his irrigation well permit. The well in question is currently being used (and has been for the last 30 years) in a 4,000 head feedlot. Changing the use of the large capacity well permit to allow for large capacity commercial use was not a viable option because the wells would not receive credit in the historic consumptive use analysis for the 30 years of unpermitted use. This would have resulted in a significant reduction in allowable acre-feet the wells could pump under a change authorization. The East Cheyenne GWMD is currently undertaking a rule change that would allow qualifying small capacity commercial well permits to pump up to 80 acre-feet. Changes to small capacity well permits do not require a historic consumptive use analysis. Pending the rule adoption, Mr. Schutte will cancel his existing irrigation well permit and apply to use the well for small capacity commercial purposes in his feedlot. UPPER BLACK SQUIRREL CREEK Upper Black Squirrel Creek GWMD At the May 2018 meeting it was reported that staff was working with a well owner, Donald Tran, to address a violation associated with a domestic well that was believed to be operating for use in a hemp farm. Please see the following updates involving this enforcement action: On May 4th Mr. Tran filed an application for a determination of water right along with a replacement plan so that he could change the use of the small capacity domestic well and use it for larger scale irrigation. < On June 6TH Staff returned the determination of water right applications and replacement plan to the applicant’s attorney and engineer for additional information. < On July 16th, following additional reports of domestic well permit violation from the district and neighbors of Mr. Tran, Staff reached out to the applicant’s attorney indicating that if we did receive a revised application or hear from them by August 3rd, we would follow up with additional legal action. On August 3rd the applicant’s attorney responded requesting an extension of two weeks while their engineer finished revisions to the replacement plan. Staff will be tracking this closely. If the revised replacement plan continues to be unacceptable, we will consider issuing a cease and desist order. In May the District reported that the Woodmen Hills Metro District had exceeded the permitted allocations from two of its municipal wells. Staff sent an enforcement letter requesting that the wells be shut down and monthly readings be submitted for the remainder of the calendar year. The metro district promptly responded and we have received readings for May and June. As of August 7th we have not received meter readings for the month of July. Staff has reached out to the manager of the metro district and we have requested the most recent readings so that we might confirm the wells ongoing compliance. Staff received a complaint alleging that a domestic well owned by Raymond and Autumn Ginnetti is being used for illegal irrigation of lands greater than 1 acre on a parcel where there is no home. Staff has reviewed aerial photography of the property in question and there does not appear to be a home on the parcel but there is some irrigation occurring. Staff sent a show cause letter to the owners on August 7th. KIOWA BIJOU Staff received a complaint alleging that a domestic well owned by Steven Laird was being operated for commercial purposes inside a tomato greenhouse. Staff verified the violation and followed up with an enforcement letter to which Mr. Laird responded. The well owner is in process of obtaining the Denver aquifer water rights. The Denver aquifer does not have a replacement requirement at this location so after the water rights have been obtained, a change to the well permit will allow the well owner to use the well for those commercial purposes. Staff continues to receive complaints involving the ponds on the Rocky Mtn, Rooster Hunting Club ranch and the use of the replacement plan approved to address those ponds. Brett Axton, the ranch owner, has completed construction of his recharge structure to address the ponds’. While staff has not yet been to the site, we received a number of photos verifying the work as it was in progress. As described in the replacement plan, Mr. Axton will be using his Arapahoe well for those recharge deliveries. Staff is arranging a field inspection with Mr. Axton to verify the completion of the recharge structure. We will try to schedule this inspection for a time when the well is actively pumping the replacement deliveries. In addition, Mr. Axton is required to regularly provide us meter administration and accounting for the approved replacement plan. We will track that reporting and accounting and report to the GWC at a subsequent meeting. GWC_Hotel_&_Tour_memo (3).pdfMicrosoft Word - GWC_Hotel_&_Tour_memo 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.water.state.co.us Ground Water Commission July 19, 2018 MEMORANDUM TO: Ground Water Commission Members, DWR Staff, FROM: Rick Nielsen, Secretary to Ground Water Commission SUBJECT: August 16 & 17, 2018 Commission Meeting, Durango, Colorado __ The Holiday Inn Hotel & Suites in Durango, Colorado, will be the base of operations for the third quarterly meeting of the Colorado Ground Water Commission. It is located at 21636 US 160 W, Durango, CO 81303, 970-385-6400. The hotel has offered to extend the rate of $160.00 for Monday, Tuesday, Friday, and/or Saturday to provide you the opportunity to relax and visit the sites. This rate includes one cooked-to-order breakfast in the restaurant each morning. I will make the reservation, but additional nights beyond Wednesday and Thursday will be at your expense. I will make reservations for you on a master list. You will not pay when you check out unless you stay over. Let me know by July 27, 2017 if you plan to attend the meeting. Also, please let me know the number in your party and if you intend to stay for additional nights. The tour for August 16th is not finalized. At this time it is anticipated that we will leave the hotel at 12:00, by van or personal car, and return near 5:00 p.m. It is expected that we will visit the Animas-La Plata Project and the Lake Nighthorse Reservoir. The Animas-La Plata Project is a component of the Colorado Ute Indian Water Rights Settlement Act, as well as the Upper Colorado River Basin Compact with New Mexico. As part of a recreation lease, the Lake Nighthorse Reservoir has recently been opened to recreation, fishing, and boating. The tour will include the Durango Pumping Plant, Dam, Tribute Garden, and Boat Ramp. Please let me know if you and your guest(s) plan on going on the tour by July 27, 2018. Dinner on Thursday will be at the hotel restaurant. The meal will be a buffet with bruschetta, house salad, beef bourguignon, salmon, and cheesecake. Dinner will begin at 6:30. The meeting of August 17th will be held in the hotel’s Animas room, located at 21636 US 160 W. GWCHearingOfficerReport2018August.pdf 1 HEARING OFFICER'S REPORT Prepared for the August 17, 2018 meeting of the Colorado Ground Water Commission The listing below summarizes all adjudicatory matters pending before the Colorado Ground Water Commission as of July 31, 2018. Updated/new information is indicated in bold italics. Gaps in case numbering indicate case reported on previously is closed and therefore, removed from the report. Cherokee Metro & Meridian Svc Dist. Case No. 08-GW-71 Designated Basin: Upper Black Squirrel Date of request: Oct. 15, 2008 Subject: Objection to an application for approval of a replacement plan to make new appropriations from the alluvial aquifer within the Upper Black Squirrel Creek Designated Basin. Status: Two weeks of hearing held June 8th thru June 19, 2009. Case consolidated with Case Nos. 08GW78 as well as the change case filings for well nos. 9 through 12 (09GW15). Supreme Court issued a decision on the ability of Meridian to Intervene in the declaratory action regarding the stipulation in 98CW80 and indicated Meridian could intervene and remanded to Water Court for further action. Supreme Court upheld lower court ruling that nothing in the stipulation, and particularly not its use of the word “recharge,” implied abandonment or forfeiture of any right Cherokee might otherwise have to claim future credits within the basin. Remand from Supreme Court and District Court back to the Commission has occurred. The Hearing Officer lifted the Stay of the case on February 15, 2018. The Applicant filed a motion for determination of question of law and at a status conference was held on March 6, 2018, and the Hearing Officer ordered that the Motion be published for notice and potential entry of other parties. The time for objections has now expired with no further objections being received. A status conference is set for May 11, 2018. Status conference of May 11, 2018 was held and it was ordered that Cherokee would re-file its Motion for Determination of Law and the response and reply briefs would follow. All response and reply briefs have been filed and the Motion is before the Hearing Officer for determination. Cherokee Metropolitan District Case No. 08-GW-78 Designated Basin: Upper Black Squirrel Date of request: Dec. 29, 2008 2 Subject: Objection to an application to change the type and place of use of Well Permit No. 49988-F. Status: See Case No. 08GW71 above. Meridian Service Metropolitan Dist., Case No. 09-GW-11 Designated Basin: Upper Black Squirrel Date of request: June 15, 2009 Subject: Objection concerning an application to change a determination of water right Status: See Case No. 08GW71 above. Cherokee Metro & Meridian Svc Dist. Case No. 09-GW-15 Designated Basin: Upper Black Squirrel Date of request: Nov. 17, 2009 Subject: Objection to an application to change the type and place of use Status: See Case No. 08GW71 above. Meridian Service Metro District Case No. 16GW05 Designated Basin: Upper Black Squirrel Date of request: December 16, 2016 Subject: Determine jurisdiction over the replace of depletions caused by evaporation to surface water flowing into and through lined impoundments in the basin. Status: On May 22, 2018 the Commission issued an order concerning the jurisdiction of the related ponds at issue. Rulemaking, Rules 5.6 and 5.8 Case No. 17GW05 Designated Base: Statewide Date of request: August 2017 Subject: Rulemaking before the Commission Status: The matter was referred to the Hearing Officer. Hearing to be held June 18 through 22, 2018. The hearing is set for August 20 – 24, 2018. Hearing to be held in RoomCR357 of the State Capitol Building. 3 Meridian Service Metro District Case No. 18GW01 Designated Basin: Upper Black Squirrel Date of request: Feb. 5, 2018 Subject: This is an amendment to the replacement plan approved by the hearing officer in Case No. 15GW14. Applicant is seeking to add additional areas to its plan. Status: A status conference was held on July 25, 2018. The parties have exchanged proposed decrees/language and execution of the agreements will be submitted to the Hearing Officer shortly. Anticipate settlement. LGS Holding Group Case No. 18GW02 Designated Basin: Southern High Plains Date of request: April 23, 2018 Subject: Twenty-nine applications for new appropriations along with nine applications to commingle the new appropriations. Status: Case is set for a five-day hearing commencing on November 5, 2018. Four pending motions are presently before the Hearing Officer and are ripe for decision. They are:  Applicant’s Motion to Dismiss Southwest Kansas Groundwater Management District No. 3 Statement of Opposition for Lack of Jurisdiction  Applicant’s Motion for Summary Judgment Dismissing Pro Se Parties’ Objections  Staff’s Motion to Dismiss Southwest Kansas for Lack of Standing  Pro Se Objector McKinley Motion to Amend Statement of Opposition Rail Land Co., LLC Case No. 18GW03 Designated Basin: Lost Creek Date of request: April 30, 2018 Subject: Applications for Determinations of Water Rights Status: The City of Aurora filed an objection to the applications. Pending May 23, 2018 status conference. The parties reached agreement and an Order Closing the case was issued on July 20, 2018 4 Osborne Real Estate, LLC Case No. 18GW04 Designated Basin: Lost Creek Date of request: May 21, 2018 Subject: Application for a change in type of use on Well Permit No. 31645-FP Status: Lost Creek Ground Water Management District filed an objection to the application and the matter is currently set for a status conference to occur on August 14, 2018. Prospect Valley Dairy, LLC, Arnusch Investments, et al. Case No. 18GW05 Designated Basin: Lost Creek Date of request: June 7, 2018 Subject: Application for a Determination of Water Right Status: Lost Creek Land & Cattle (now known as Black Mountain Properties, LP) filed an objection to the application. Case is presently set for a status conference on August 31, 2018 Judy E. Thomas Trust and Harold Frey Trust Case No. 18GW06 Designated Basin: Lost Creek Date of request: July 17, 2018 Subject: Applications for a Determinations of Water Rights Status: The City of Aurora filed objections to the applications. Setting conference scheduled for August 7, 2018. Respectfully submitted, ______________________________ Joseph (Jody) Grantham, Hearing Officer Minutes-2018-5-18_Draft.docxMINUTES MINUTES SECOND QUARTERLY MEETING COLORADO GROUND WATER COMMISSION MAY 18, 2018 The second Quarterly Meeting of the Colorado Ground Water Commission took place on May 18, 2018, at the Town of Castle Rock Utilities Department, Building 183, O & M Meeting Room, 175 Kellogg Ct., Castle Rock, Colorado. Chairman Valdez called the meeting to order at 10:00 a.m. Secretary Nielsen called the roll and determined that a quorum was present. Commission members present were Marc Arnusch, Angela Fowler, Blake Gourley, Steve Kramer, Greg Larson, Jim Noble, Scott Tietmeyer, Virgil Valdez, Kevin Rein, Amy Moyer (on behalf of Robert Randall) and Brent Newman (on behalf of Rebecca Mitchell). Staff members present were Keith Vander Horst, Sarah Brucker, Shannon Johnson, David Keeler, Rick Nielsen, Matt Sares, Andy Flor and Kevin Donegan. Also present were Jody Grantham, Hearing Officer, Jeff Candrian, A.G. for the Commission, Paul Bennington and Philip Lopez, A.G. for staff. Members of the public were also present. Review and Approval of Agenda Items, Commissioner Rein suggested that agenda item no. 11-A be made a part of agenda item no. 3. Commissioner Arnusch moved to accept the agenda as amended. Commissioner Blake seconded the motion which passed unanimously. Chairman Valdez called for agenda item no. 3, Comments from the Governor’s Office by Romaine Pacheco and a discussion on term limits of Commissioners. Ms. Pacheco advised the Commission that she heads the Governor’s Office of Boards and Commissions. She noted that there are over 300 boards and commissions with over 400 appointments every year. Ms. Pacheco stated that these boards and commissions make decisions that affect every aspect of the lives of the citizens of Colorado. She said that Governor Hickenlooper has high expectations of those he appoints to serve. Ms. Pacheco said that those expectations include high personal integrity and professionalism. She is here on behalf of Governor Hickenlooper to say thank you for serving.< On the subject of term limits, Ms. Pacheco said that term limits were voted on by the people for elected offices and Governor Hickenlooper has extended that policy to appointments as well. She said that serving more than two terms leads to a level of ownership, where it is more about self than the people. As an example, Ms. Pacheco noted that when she first began working with the Office of Boards and Commissions that there were some long serving members who would call staff at home, when they were not on the clock and make demands of them. That is not right. Ms. Pacheco stated that the only time attention is paid to gender, geography or other factor is when such preference is based on statute. She advised the Commission that though they try to adhere to the two term limit, there are always exceptions. Such exceptions can be if a board or commission is in the middle of rule-making or perhaps a replacement is difficult to find. Commissioner Larson expressed the opinion that it can take some time for a new board member or commissioner to get up to speed and that those members who have served more than two terms