DWR_3364070

• Board or Commission: Colorado Ground Water Commission
• Document Type - Board and Commission Meetings: Meeting Document
• Document Date: 8/17/2018
• Subject: MEETING MATERIALS

have valuable experience to pass on.
Commissioner Noble asked if there is a policy regarding re-appointments. Ms. Pacheco answered that current members receive first consideration when a seat is open.
Chairman Valdez called for agenda item no. 4, Approval of Minutes for Meeting of February 16, 2018 and April 9, 2018,
Chairman Valdez asked if there were any corrections or additions to the minutes of February 16, 2018. <Commissioners Kramer and Valdez noted some errata.
Commissioner Noble moved to approve the minutes as amended.
Commissioner Tietmeyer seconded the motion which carried unanimously.
Chairman Valdez asked if there were any corrections or additions to the minutes of April 9, 2018. There being none,
Commissioner Kramer moved to accept the minutes as presented.
Commissioner Arnusch seconded the motion which passed unanimously.
Chairman Valdez called for agenda item no. 5, Report of the Executive Director by Kevin Rein
Mr. Rein noted that the proposed bill that would align the boundaries of the Republican River district and model domain did not move forward because there was not enough support for
it. He said that he expects something similar to be introduced next year.
Addressing other proposed legislation, Mr. Rein informed the Commission that;
SB-41, a bill addressing Substitute Water Supply Plans for gravel mines and affirming the State Engineer’s authority to regulate the uses of water in Division of Mined Land boundaries,
passed.
The NESS bill, which allows for the release of water stored in reservoirs to help with mitigation in critical reaches of the river and protecting that water from other uses, has passed.
HB-1199, the ASR bill which gives the Ground Water Commission explicit authority to approve aquifer storage and recovery projects, passed.
HB-1151 regarding the expansion of the fallow-leasing program allowing for deficit irrigation, failed.
The rulemaking hearing concerning the Denver Basin Artificial Recharge Extraction Rules, to incorporate artificial recharge and extraction of water in nontribuary ground water aquifers
outside of the Denver Basin pursuant to HB-17-1076, occurred on May 1, 2018.
Mr. Rein closed his remarks thanking the Commissioners for their service.
Chairman Valdez called for agenda item no. 6, Commissioners’ reports, there were none.
Chairman Valdez called for agenda item no. 7, the staff activity report.
Mr. Keith Vander Horst went over his written report. He noted that applications for new appropriations in the Southern High Plains, by LGS Holding LLC have received a lot of attention
and objections and have been sent to the Hearing Officer.
Mr. Vander Horst advised the Commission that enforcement actions have been initiated for over pumping in both the Plains and East Cheyenne Districts. He also noted that the East Cheyenne
District is considering amending their Rules, to allow for a small capacity commercial well to pump up to 25 acre-feet per year. This action would end the enforcement action against
Schulte Feed.
Mr. Vander Horst noted that Mr. Grimes is pursuing a report of a commercial greenhouse being served by a small capacity well in the Arikaree District.
Mr. Vander Horst advised that the amendment to Rule 7.4 that the Commission approved on April 9, 2018 became effective on May 15, 2018.
Mr. Vander Horst closed his report by advising the Commission that with the passage of HB-17-1199 staff has revised the proposed amendments to Rule 5.6 and 5.8 by removing the language
for aquifer storage and recovery plans from Rule 5.6 and keeping that language within its own Rule 5.8. He mentioned that the amended rules were sent out the previous week.
Chairman Valdez called for agenda item no. 8, the report of the Attorney General.
Mr. Phillip Lopez advised the Commission that the Supreme Court affirmed the decision of the District Court in the Front Range Resource case, stating that speculation does apply. He
continued, notifying Commissioners that Rule 7.4, as amended is in effect. Mr. Lopez closed his remarks noting that the LGS Holding case is raising some interesting legal issues around
if the objectors can participate or not, do they have standing?
Chairman Valdez called for agenda item no. 9, Management District Reports
Mr. Nate Midcap, reporting for the Marks Butte, Frenchman, Sandhills and Central Yuma GWMD’s, conveyed the Districts appreciation for the amendments to Rule 7.4. He continues to work
with the Water Preservation Partnership to encourage conservation. He added that he has been busy with inspections of the chemigation systems. Mr. Midcap closed his report advising
the Commission that the crops were coming up nicely.
Mr. Sprouse, reporting for the W-Y GWMD, reported that he has been busy conducting inspections and working on developing a conservation plan for the District.
There was no report for the Arikaree GWMD.
Ms. Brandi Baquera, reporting through Ms. Deb Daniel, for the Plains GWMD, reported that her District continues to discuss conservation. She added that the District is working to help
those irrigators within the District that are outside of the Republican River District boundaries to maintain their independence.
There was no report for the East Cheyenne GWMD.
Mr. Blake Gourley, reporting for the Southern High Plains GWMD reported that a fire had burned 60,000 acres including a house and some out buildings. He said that he was installing
water efficient sprinkler packages.
Mr. Robert Loose reporting for the North Kiowa Bijou GWMD, thanked staff for its work with the Town of Wiggins. He reported that it has been extremely dry on the north end of the Basin.
He said that the Board members continue to spend a lot of time educating homeowners on the use of their wells is a challenge. Mr. Loose said that the Board is considering a 3 acre-foot
per year limit on small capacity wells.
Ms. Lisa Thompson, reporting for the Upper Black Squirrel GWMD, reported that the District remains concerned about water quality. She said that there is one waste water treatment plant
that is going through a renewal of its operation approval. Ms. Thompson said that the Board, concerned about pharmaceuticals in the water, is working with the County on quality issues.
Ms. Thompson said that the District believes that the change to Rule 7.4 ended up being acceptable.<
Mr. David Taussig reporting for the Upper Big Sandy GWMD, reported that things are greening up very nicely. He noted that the Study of the Denver Basin aquifer interface with the alluvium
is ending and he should have a report by the next meeting. Mr. Tausig said that the Board continues to work with well owners to get their wells metered, and is working on their small
capacity rules.
Mr. Andy Jones, reporting for the Lost Creek GWMD, reported that the District had received a grant from the South Platte River Roundtable to install measurement devices in wells to monitor
ground water levels and flows. He also informed the Commission that Lost Creek has been in Discussion with Kiowa-Bijou, Upper Black Squirrel Creek and Upper Big Sandy Creek boards
to discuss the aquifer storage and recovery rules.
Mr. Jones said that the Board is interested in the ongoing rulemaking for Rules 5.6 and 5.8 and that meetings are scheduled with water quality experts to discuss protecting the current
water quality. Commissioner Arnusch added that they want to develop a baseline of water quality in the Basin now rather than wait.
The District is also looking at administration of wells that have undergone a change in use with export.
Mr. Scott Tietmeyer, reporting for Upper Crow Creek Basin, reported that the oil fields have started up again with rumors of an additional 600 wells. He said that 10 wells have been
constructed and 6 have been fracked using 10 million gallons each. Mr. Tietmeyer said that the water for the construction and fracking of these wells is currently coming from Wyoming.
He said that there is talk of running a pipeline from Sterling.
In response to a question by Commissioner Fowler, Mr. Tietmeyer said that the water used in construction of these wells is not treated or reused because of the high costs to treat the
water.
Ms. Deb Daniel, reporting for the Republican River Water Conservation District, advised the Commission that the District’s work to restore live flow in the South Fork of the Republican
continues. She noted that the District has received $219,000 in grants. As an example of the work that needs to be done, Ms. Daniel described the overpass of Highway 385 and the Republican
River. She informed the Commission that when originally constructed, a man could ride a horse under it. Now there is barely 3 feet of clearance because of all the silt.
Ms. Daniel also reported that the Board is trying to amend the CREP program to allow for retired irrigation wells to be used for livestock watering rather than be plugged and abandoned.
She said that the District remains focused on resolving the boundary issues.
Ms. Daniel said that she continues to work on conservation of the water resource, educating the users to what is out there. She said that the District offers payments of $5,000, per
well, for those irrigators that change their traditional sprinkler system to either a drag line or drip irrigation.<
Commissioner Noble asked about the use of a drag line and bubbler she had mentioned.
Commissioner Gourley responded that drag lines can get too long, up to 200 feet. He said that bubble pads are better, having a length of 12 feet and can turn a 300 gallon per minute
well into a 600 gallon per minute well.
Chairman Valdez called for agenda item no. 10, old business.
Decision item: Approval of 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 Meridian Service Metropolitan District, advised the Commission that they do have jurisdiction in this matter and asked the Commission to approve the order
presented to them in their packet. He said that what they were seeing had been agreed to by all parties and was waiting their approval.
Commissioner Noble moved to approve the Order as presented.
Commissioner Larson seconded the motion which passed unanimously.
Chairman Valdez called for agenda item no. 11, new business.
Discussion on term limits of Commissioners, by Commissioner Larson
See item no. 3 above.
Selection of August meeting location.
Mr. Rick Nielsen reminded the Commissioners that they had received a list of August meeting sites since 2001. He noted that Commissioner Noble suggested holding the meeting in Durango
and touring the Animas-La Plata project. Mr. Nielsen said that there were no other suggestions.
Commissioner Blake moved to hold the regularly scheduled August meeting in Durango.
Commissioner Fowler seconded the motion which passed unanimously.
Chairman Valdez called for agenda item no. 12, public comment
Mr. Kevin Donegan, addressed the Commission. He informed them that the 2018 water level measurements are complete and that the reports are available on line. Mr. Donegan then proceeded
to demonstrate to the Commissioners how to access the information and how they could search the data for their specific needs. He said that if they had any questions they could call
the office.
Mr. Earnest Mikita approached the Commission and complained that Staff was not properly addressing issues involving the Rocky Mountain Rooster situation.
Mr. Robert Longenbaugh approached the Commission. He suggested that the Commission could share a meeting with the South Platte Round table panel. <Regarding the proposed amendments
to Rules 5.6 and 5.8, he inquired who owns the storage area in the unsaturated aquifer material, and opined that more parties need to be involved in the August rulemaking hearing.
He opined that water quality is of more importance that water quantity.
Mr. Robert Loose approached the Commission and stated that the compatibility and quality of waters vary by location within an aquifer.
Agenda item no. 13, executive session
The Commission held an executive session wherein it received advisement on water quality matters from the Attorney General’s office.
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 18, 2018
Minutes-2018-5-18_Draft.pdfMINUTES
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. Ground Water Commission Meeting Minutes Page 2 May 18, 2018 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 have valuable experience to pass on. Commissioner Noble asked if there is a policy regarding re-appointments.
Ms. Pacheco answered that current members receive first consideration when a seat is open. Chairman Valdez called for agenda item no. 4, Approval of Minutes for Meeting of February
16, 2018 and April 9, 2018, Chairman Valdez asked if there were any corrections or additions to the minutes of February 16, 2018. Commissioners Kramer and Valdez noted some errata.
Commissioner Noble moved to approve the minutes as amended. Commissioner Tietmeyer seconded the motion which carried unanimously. Chairman Valdez asked if there were any corrections
or additions to the minutes of April 9, 2018. There being none, Commissioner Kramer moved to accept the minutes as presented. Commissioner Arnusch seconded the motion which passed
unanimously. Chairman Valdez called for agenda item no. 5, Report of the Executive Director by Kevin Rein Mr. Rein noted that the proposed bill that would align the boundaries of
the Republican River district and model domain did not move forward because there was not enough support for it. He said that he expects something similar to be introduced next year.
Addressing other proposed legislation, Mr. Rein informed the Commission that; SB-41, a bill addressing Substitute Water Supply Plans for gravel mines and affirming the State Engineer’s
authority to regulate the uses of water in Division of Mined Land boundaries, passed. The NESS bill, which allows for the release of water stored in reservoirs to help with mitigation
in critical reaches of the river and protecting that water from other uses, has passed. HB-1199, the ASR bill which gives the Ground Water Commission explicit authority to approve
aquifer storage and recovery projects, passed. HB-1151 regarding the expansion of the fallow-leasing program allowing for deficit irrigation, failed. The rulemaking hearing concerning
the Denver Basin Artificial Recharge Extraction Rules, to incorporate artificial recharge and extraction of water in nontribuary ground water aquifers outside of the Denver Basin pursuant
to HB-17-1076, occurred on May 1, 2018. Mr. Rein closed his remarks thanking the Commissioners for their service. Ground Water Commission Meeting Minutes Page 3 May 18, 2018 Chairman
Valdez called for agenda item no. 6, Commissioners’ reports, there were none. Chairman Valdez called for agenda item no. 7, the staff activity report. Mr. Keith Vander Horst went
over his written report. He noted that applications for new appropriations in the Southern High Plains, by LGS Holding LLC have received a lot of attention and objections and have
been sent to the Hearing Officer. Mr. Vander Horst advised the Commission that enforcement actions have been initiated for over pumping in both the Plains and East Cheyenne Districts.
He also noted that the East Cheyenne District is considering amending their Rules, to allow for a small capacity commercial well to pump up to 25 acre-feet per year. This action would
end the enforcement action against Schulte Feed. Mr. Vander Horst noted that Mr. Grimes is pursuing a report of a commercial greenhouse being served by a small capacity well in the
Arikaree District. Mr. Vander Horst advised that the amendment to Rule 7.4 that the Commission approved on April 9, 2018 became effective on May 15, 2018. Mr. Vander Horst closed
his report by advising the Commission that with the passage of HB-17-1199 staff has revised the proposed amendments to Rule 5.6 and 5.8 by removing the language for aquifer storage
and recovery plans from Rule 5.6 and keeping that language within its own Rule 5.8. He mentioned that the amended rules were sent out the previous week. Chairman Valdez called for
agenda item no. 8, the report of the Attorney General. Mr. Phillip Lopez advised the Commission that the Supreme Court affirmed the decision of the District Court in the Front Range
Resource case, stating that speculation does apply. He continued, notifying Commissioners that Rule 7.4, as amended is in effect. Mr. Lopez closed his remarks noting that the LGS
Holding case is raising some interesting legal issues around if the objectors can participate or not, do they have standing? Chairman Valdez called for agenda item no. 9, Management
District Reports Mr. Nate Midcap, reporting for the Marks Butte, Frenchman, Sandhills and Central Yuma GWMD’s, conveyed the Districts appreciation for the amendments to Rule 7.4.
He continues to work with the Water Preservation Partnership to encourage conservation. He added that he has been busy with inspections of the chemigation systems. Mr. Midcap closed
his report advising the Commission that the crops were coming up nicely. Mr. Sprouse, reporting for the W-Y GWMD, reported that he has been busy conducting inspections and working
on developing a conservation plan for the District. There was no report for the Arikaree GWMD. Ms. Brandi Baquera, reporting through Ms. Deb Daniel, for the Plains GWMD, reported
that her District continues to discuss conservation. She added that the District is working to help those Ground Water Commission Meeting Minutes Page 4 May 18, 2018 irrigators within
the District that are outside of the Republican River District boundaries to maintain their independence. There was no report for the East Cheyenne GWMD. Mr. Blake Gourley, reporting
for the Southern High Plains GWMD reported that a fire had burned 60,000 acres including a house and some out buildings. He said that he was installing water efficient sprinkler packages.
Mr. Robert Loose reporting for the North Kiowa Bijou GWMD, thanked staff for its work with the Town of Wiggins. He reported that it has been extremely dry on the north end of the
Basin. He said that the Board members continue to spend a lot of time educating homeowners on the use of their wells is a challenge. Mr. Loose said that the Board is considering a
3 acre-foot per year limit on small capacity wells. Ms. Lisa Thompson, reporting for the Upper Black Squirrel GWMD, reported that the District remains concerned about water quality.
She said that there is one waste water treatment plant that is going through a renewal of its operation approval. Ms. Thompson said that the Board, concerned about pharmaceuticals
in the water, is working with the County on quality issues. Ms. Thompson said that the District believes that the change to Rule 7.4 ended up being acceptable. Mr. David Taussig reporting
for the Upper Big Sandy GWMD, reported that things are greening up very nicely. He noted that the Study of the Denver Basin aquifer interface with the alluvium is ending and he should
have a report by the next meeting. Mr. Tausig said that the Board continues to work with well owners to get their wells metered, and is working on their small capacity rules. Mr.
Andy Jones, reporting for the Lost Creek GWMD, reported that the District had received a grant from the South Platte River Roundtable to install measurement devices in wells to monitor
ground water levels and flows. He also informed the Commission that Lost Creek has been in Discussion with Kiowa-Bijou, Upper Black Squirrel Creek and Upper Big Sandy Creek boards
to discuss the aquifer storage and recovery rules. Mr. Jones said that the Board is interested in the ongoing rulemaking for Rules 5.6 and 5.8 and that meetings are scheduled with
water quality experts to discuss protecting the current water quality. Commissioner Arnusch added that they want to develop a baseline of water quality in the Basin now rather than
wait. The District is also looking at administration of wells that have undergone a change in use with export. Mr. Scott Tietmeyer, reporting for Upper Crow Creek Basin, reported
that the oil fields have started up again with rumors of an additional 600 wells. He said that 10 wells have been constructed and 6 have been fracked using 10 million gallons each.
Mr. Tietmeyer said that the water for the construction and fracking of these wells is currently coming from Wyoming. He said that there is talk of running a pipeline from Sterling.
In response to a question by Commissioner Fowler, Mr. Tietmeyer said that the water used in construction of these wells is not treated or reused because of the high costs to treat
the water. Ground Water Commission Meeting Minutes Page 5 May 18, 2018 Ms. Deb Daniel, reporting for the Republican River Water Conservation District, advised the Commission that
the District’s work to restore live flow in the South Fork of the Republican continues. She noted that the District has received $219,000 in grants. As an example of the work that
needs to be done, Ms. Daniel described the overpass of Highway 385 and the Republican River. She informed the Commission that when originally constructed, a man could ride a horse
under it. Now there is barely 3 feet of clearance because of all the silt. Ms. Daniel also reported that the Board is trying to amend the CREP program to allow for retired irrigation
wells to be used for livestock watering rather than be plugged and abandoned. She said that the District remains focused on resolving the boundary issues. Ms. Daniel said that she
continues to work on conservation of the water resource, educating the users to what is out there. She said that the District offers payments of $5,000, per well, for those irrigators
that change their traditional sprinkler system to either a drag line or drip irrigation. Commissioner Noble asked about the use of a drag line and bubbler she had mentioned. Commissioner
Gourley responded that drag lines can get too long, up to 200 feet. He said that bubble pads are better, having a length of 12 feet and can turn a 300 gallon per minute well into a
600 gallon per minute well. Chairman Valdez called for agenda item no. 10, old business. Decision item: Approval of 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 Meridian Service
Metropolitan District, advised the Commission that they do have jurisdiction in this matter and asked the Commission to approve the order presented to them in their packet. He said
that what they were seeing had been agreed to by all parties and was waiting their approval. Commissioner Noble moved to approve the Order as presented. Commissioner Larson seconded
the motion which passed unanimously. Chairman Valdez called for agenda item no. 11, new business. a. Discussion on term limits of Commissioners, by Commissioner Larson See item no.
3 above. b. Selection of August meeting location. Mr. Rick Nielsen reminded the Commissioners that they had received a list of August meeting sites since 2001. He noted that Commissioner
Noble suggested holding the meeting in Durango and touring the Animas-La Plata project. Mr. Nielsen said that there were no other suggestions. Ground Water Commission Meeting Minutes
Page 6 May 18, 2018 Commissioner Blake moved to hold the regularly scheduled August meeting in Durango. Commissioner Fowler seconded the motion which passed unanimously. Chairman
Valdez called for agenda item no. 12, public comment Mr. Kevin Donegan, addressed the Commission. He informed them that the 2018 water level measurements are complete and that the
reports are available on line. Mr. Donegan then proceeded to demonstrate to the Commissioners how to access the information and how they could search the data for their specific needs.
He said that if they had any questions they could call the office. Mr. Earnest Mikita approached the Commission and complained that Staff was not properly addressing issues involving
the Rocky Mountain Rooster situation. Mr. Robert Longenbaugh approached the Commission. He suggested that the Commission could share a meeting with the South Platte Round table panel.
Regarding the proposed amendments to Rules 5.6 and 5.8, he inquired who owns the storage area in the unsaturated aquifer material, and opined that more parties need to be involved
in the August rulemaking hearing. He opined that water quality is of more importance that water quantity. Mr. Robert Loose approached the Commission and stated that the compatibility
and quality of waters vary by location within an aquifer. Agenda item no. 13, executive session The Commission held an executive session wherein it received advisement on water quality
matters from the Attorney General’s office. There being no further business the meeting adjourned. Respectfully submitted, Richard A Nielsen, P.E., Secretary Colorado