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Ground Water Commission
<br />PacketMemo2018Aug.docx
<br />Ground Water Commission
<br />1313 Sherman Street, Room 821
<br />Denver, CO 80203
<br />August 7, 2018
<br />MEMORANDUM
<br />TO: Ground Water Commission Members
<br />FROM: Keith Vander Horst, Chief of Water Supply - Basins
<br />SUBJECT: August 16 & 17, 2018 Ground Water Commission Meeting
<br />The upcoming Ground Water Commission meeting scheduled for noon on Thursday, August 16 and 8:30 a.m. on Friday, August 17, 2018, will be at the Holiday Inn Hotel & Suites, 21636 Highway
<br /> 160 West, Durango, CO 81303. Please find attached the following.
<br />Meeting agenda
<br />Draft minutes of the last Commission meeting of May 18, 2018, Agenda Item No. 3
<br />Staff Activity Report, Agenda Item No. 6, including aerial photograph locating surface water features within the Upper Black Squirrel Creek Basin
<br />Attorney General’s Report, Agenda Item No. 7
<br />Hearing Officer's Report
<br />Please contact Rick Nielsen or myself if there are any questions about the Commission meeting.
<br />cc:Commission Staff
<br />Designated Ground Water Management Districts
<br />
<br />
<br />PacketMemo2018Aug.pdf
<br /> Ground Water Commission 1313 Sherman Street, Room 821 Denver, CO 80203 August 7, 2018 MEMORANDUM TO: Ground Water Commission Members FROM: Keith Vander Horst, Chief of Water
<br /> Supply - Basins SUBJECT: August 16 & 17, 2018 Ground Water Commission Meeting The upcoming Ground Water Commission meeting scheduled for noon on Thursday, August 16 and 8:30 a.m.
<br /> on Friday, August 17, 2018, will be at the Holiday Inn Hotel & Suites, 21636 Highway 160 West, Durango, CO 81303. Please find attached the following. Meeting agenda Draft minutes
<br /> of the last Commission meeting of May 18, 2018, Agenda Item No. 3 Staff Activity Report, Agenda Item No. 6, including aerial photograph locating surface water features within the
<br /> Upper Black Squirrel Creek Basin Attorney General’s Report, Agenda Item No. 7 Hearing Officer's Report Please contact Rick Nielsen or myself if there are any questions about
<br /> the Commission meeting. cc: Commission Staff Designated Ground Water Management Districts
<br />QRTSTAT-2018Aug.xls QRTSTAT.XLS
<br />Print_Area_MI
<br />TABLE 1
<br />DESIGNATED BASINS BRANCH
<br />QUARTERLY ACTIVITY REPORT
<br />C.R.S. 37-90-
<br />BASIN
<br />RECEIVED
<br />ISSUED
<br />KIOWA BIJOU
<br />LOST CREEK
<br />CAMP CREEK
<br />UPPER BIG SANDY
<br />TOTAL
<br />SUMMARY OF APPLICATION ACTIVITY
<br />AP
<br />NP
<br />AU
<br />AR
<br />AD & AW
<br />CHANGE APPLICATIONS
<br />UPPER CROW CREEK
<br />TOTAL RECEIVED
<br />NEW ISSUED
<br />REPLACE ISSUED
<br />NEW RECEIVED
<br />DENIED & WITHDRAWN
<br />NORTHERN HIGH PLAINS
<br />SOUTHERN HIGH PLAINS
<br />UPPER BLACK SQUIRREL CREEK
<br />RESUBMITTED
<br />SMALL CAPACITY PERMITS
<br /> REPLACEMENT
<br />CA
<br />CANCELED
<br />LARGE CAPACITY PERMITS
<br />CHANGE OF WATER RIGHT
<br />LARGE CAPACITY PERMITS,
<br />LARGE CAPACITY PERMITS (NEW & REPLACEMENT)
<br />(INCLUES DETERMINATIONS OF WATER RIGHT)
<br />INCOMPLETE REURNED
<br />MAY 1, 2018 THROUGH JULY 31, 2018
<br />105.00
<br />107.00
<br />111.00
<br />111.00
<br />25.00
<br />19.00
<br />10.00
<br />0.00
<br />0.00
<br />1.00
<br />1.00
<br />1.00
<br />3.00
<br />6.00
<br />39.00
<br />44.00
<br />6.00
<br />32.00
<br />16.00
<br />1.00
<br />0.00
<br />0.00
<br />5.00
<br />2.00
<br />13.00
<br />5.00
<br />2.00
<br />5.00
<br />1.00
<br />0.00
<br />1.00
<br />0.00
<br />1.00
<br />0.00
<br />23.00
<br />16.00
<br />6.00
<br />10.00
<br />18.00
<br />4.00
<br />0.00
<br />0.00
<br />0.00
<br />0.00
<br />12.00
<br />10.00
<br />3.00
<br />13.00
<br />6.00
<br />0.00
<br />0.00
<br />1.00
<br />0.00
<br />1.00
<br />2.00
<br />1.00
<br />1.00
<br />0.00
<br />0.00
<br />0.00
<br />0.00
<br />0.00
<br />0.00
<br />0.00
<br />11.00
<br />9.00
<br />4.00
<br />0.00
<br />0.00
<br />0.00
<br />0.00
<br />0.00
<br />0.00
<br />0.00
<br />1.00
<br />0.00
<br />0.00
<br />1.00
<br />7.00
<br />0.00
<br />0.00
<br />0.00
<br />0.00
<br />0.00
<br />126.00
<br />104.00
<br />32.00
<br />61.00
<br />48.00
<br />6.00
<br />2.00
<br />2.00
<br />9.00
<br />9.00
<br />126.00
<br />136.00
<br />83.00
<br />44.00
<br />1.00
<br />0.00
<br />63.00
<br />50.00
<br />54.00
<br />19.00
<br />3.00
<br />6.00
<br />9.00
<br />9.00
<br />54.00
<br />19.00
<br />3.00
<br />
<br />StaffReport2018Aug.docx
<br />Ground Water Commission
<br />1313 Sherman Street, Room 821
<br />Denver, CO 80203
<br />August 17, 2018 Meeting
<br />MEMORANDUM
<br />TO:Kevin Rein, Executive Director – Ground Water Commission
<br />FROM:Keith Vander Horst, Chief of Water Supply - Basins
<br />SUBJECT:Staff Activity Report for May 1, 2018 through July 31, 2018
<br />Various activities performed during the last quarter are briefly described below.
<br />New and Replacement Applications
<br />Table 1 provides a breakdown, by basin, of permitting activity for the last quarter. Permit activities are summarized as follows.
<br />Small capacity:
<br />126 small capacity new and replacement well permit applications were received
<br />136 small capacity new and replacement well permits were issued
<br />Large Capacity:
<br />63 large capacity new and replacement well permit applications, and Determination of Water Right applications, were received
<br />50 large capacity new and replacement well permits and Determinations of Water Rights were issued
<br />Table 2 provides details on the individual pending large capacity new and replacement permit applications and Determination of Water Right applications.
<br />Change Applications
<br />Table 1 also gives a breakdown, by basin, of change of water right application activities for the last quarter:
<br />9 new change applications were received
<br />9 change applications were approved
<br />Table 3 provides details on the individual pending change of water right applications.
<br />Final Permit Summary
<br />Below is a summary of the status of permits subject to Final Permitting. The</ numbers do not include permits that are not subject to Final Permitting, such as for Denver Basin bedrock
<br /> 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
<br /> 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
<br /> of a Final Permit.
<br />Final Permit Status as of July 31, 2018
<br />Basin
<br />Total Number of Permits
<br />Number of Final Permits Issued
<br />Number of Pending Conditional Permits
<br />Northern High Plains
<br />4087
<br />4087
<br />0
<br />Southern High Plains
<br />1226
<br />1194
<br />32
<br />Lost Creek
<br />372
<br />372
<br />0
<br />Kiowa-Bijou
<br />872
<br />870
<br />2
<br />Upper Big Sandy
<br />121
<br />121
<br />0
<br />Upper Black Squirrel Creek
<br />161
<br />154
<br />7
<br />Upper Crow Creek
<br />121
<br />112
<br />9
<br />Camp Creek
<br />51
<br />48
<br />3
<br />Total
<br />7011
<br />6958
<br />53
<br />Objections/Hearings
<br />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,
<br /> preparation of pre-hearing statements, and otherwise worked on resolving these cases.
<br />Pending with the Commission
<br />Cherokee Metro Dist. & Meridian Service Metro Dist., 08GW71 (replacement plan)
<br />Cherokee Metro Dist., 08GW78 (change of use of alluvial well)
<br />Cherokee Metro Dist., 09GW15 (change of use of alluvial wells)
<br />Judy E Thomas Trust & Harold L. Frey Trust, 18GW06 (Determination of Water Right)
<br />LGS Holding Group 2013 LLC, 18GW02 (29 applications for new appropriations in SHP)
<br />Meridian Service Metro Dist., 09GW11 (change of use of Denver Basin rights)
<br />Meridian Service Metro Dist., 18GW01 (amendment to replacement plan)
<br />Osborn Real Estate, 18GW04 (change of use of alluvial well In Lost Creek Basin)
<br />Prospect Valley Dairy, 18GW05 (change of a Determination of Water Right)
<br />Rules 5.6 & 5.8 amendment, 17GW05 (Rulemaking)
<br />Upper Crow Creek Parties, 17GW01 (creation of a ground water management district)
<br />Under appeal
<br />None
<br />Completed during the last quarter
<br />Meridian Service Metro Dist., 16GW05 (Petition for determination of jurisdiction)
<br />Rail Land Company LLC, 18GW03 (determination of water rights in Lost Creek)
<br />Enforcement Items and Actions
<br />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
<br /> field inspections have been used to verify well permit compliance in many instances.
<br />The issues described below are active violations identified last quarter that have been resolved or are currently under review.
<br />NORTHERN HIGH PLAINS
<br />Plains GWMD
<br />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
<br /> 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
<br /> 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.
<br />East Cheyenne GWMD
<br />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
<br /> 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
<br /> 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
<br /> under a change authorization.
<br />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. Pending the rule adoption,
<br /> Mr. Schutte plans to cancel his existing irrigation well permit and apply to use the well for small capacity commercial purposes in his feedlot.
<br />UPPER BLACK SQUIRREL CREEK
<br />Upper Black Squirrel Creek GWMD
<br />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
<br /> for use in a hemp farm. Please see the following updates involving this enforcement action:<
<br />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
<br /> it for larger scale irrigation.
<br />On June 6TH Staff returned the determination of water right applications and replacement plan to the applicant’s attorney and engineer for additional information. <
<br />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
<br /> if we did receive a revised application or hear from them by August 3rd, we would follow up with additional legal action.
<br />On August 3rd the applicant’s attorney responded requesting an extension of two weeks while their engineer finished revisions to the replacement plan.
<br />Staff will be tracking this closely. If the revised replacement plan continues to be unacceptable, we will consider issuing a cease and desist order.
<br />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
<br /> 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
<br /> 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
<br /> readings so that we might confirm the wells ongoing compliance.
<br />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
<br /> 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
<br /> a show cause letter to the owners on August 7th.
<br />Due to the number of complaints about illegal ponds within the Upper Black Squirrel Creek Basin the Executive Director and Staff are discussing a plan to identify such ponds, contact
<br /> pond owners, and get illegal ponds into compliance. Staff has currently identified approximately 692 surface water features, containing approximately 305 acres of water surface, within
<br /> the Upper Black Squirrel Creek Basin, which are shown on an aerial photograph provided with this report. At this time the concept is that a systematic review and contact of pond owners
<br /> will be done on a township by township basis. Depending on the available resources of the Designated Basin Water Commissioner, responses of the pond owners, etc., it is anticipated
<br /> it will take several years for all ponds within the Upper Black Squirrel Creek Basin to be addressed and illegal ponds brought into compliance. Potentially illegal ponds within other
<br /> Basins will continue to be addressed on a case by case basis as complaints are submitted, and as resources allow.
<br />KIOWA BIJOU
<br />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
<br /> 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
<br /> 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.
<br />
<br />Staff continues to receive complaints involving the ponds on the Rocky Mountain Rooster Hunting Club ranch and the use of the replacement plan approved to address those ponds. Brett
<br /> 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
<br /> 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
<br /> 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.
<br /> 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.
<br />Other
<br />The hearing before the Hearing Officer involving the amendment of Rules 5.6 and 5.8 (case no. 17GW05) is scheduled for August 20-24, 2018.
<br />Staff held public meetings on November 13 and December 18, 2017 to receive input on the October 4, 2017 version of its proposed amendment to the Designated Basin Rules. Staff is currently
<br /> consulting with the AG’s office on Staff’s changes to its proposed amendments based on public input it received. Once Staff’s new draft is complete it will be distributed to the public
<br /> and Staff will facilitate additional opportunity for public input on the new version of its proposed amendments.
<br />###
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<br />
<br />Staff Activity ReportPage 2
<br />August 17, 2018
<br />StaffReport2018Aug.pdf
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<br />UBSC_Ponds_2017Aerial.pdf
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<br /> 2017 Aerial
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