DWR_3364074

• Board or Commission: Colorado Ground Water Commission
• Document Type - Board and Commission Meetings: Meeting Document
• Document Date: 8/21/2015
• Subject: MEETING MATERIALS

resubmit their replacement plans in June for continued processing.
Commissioner Arnusch questioned the 30-year delay in enforcing the Lost Creek violation. Mr. Vander Horst said that staff does not have the man power to inspect the operations of all
well owners. He said that most of the State’s actions begin as complaints from neighbors and management districts. Commissioner Arnusch asked about whose responsibility is it for
compliance of the well permit, staff or the Commission. Mr. Vander Horst said that staff enforces the permits for the Commission. Commissioner Wolfe spoke to the matter saying that
it is the well owner’s responsibility to be in compliance with the permit. He also noted that this is currently an allegation with nothing being proven and that it may be only an acre
or two. Mr. Chris Grimes addressed the Commission. He stated that the information on the case came two weeks ago from the former tenet who the week before had received information
that his lease had been cancelled after 30 years. Mr. Grimes said that after two staff members reviewed the file they were uncertain if it was truly expanded acres or simply a clarification
of the permitted acres.<
Chairwoman Burr called for agenda item no. 7, the Attorney General’s report.
Ms. Jen Mele reported that the Front Range Resource case had gone to the District Court and that she and Pat Kowaleski were representing the Commission. She also reported that the Gallegos
case, denied by the District Court, was on its way to the Supreme Court. Ms. Mele said that the objectors in the case had filed a petition to recover their costs.
Ms. Mele also advised the Commission that the District Court had agreed with the Commission on the Meridian matter and that it was now going before the Supreme Court with Susan Schneider
representing the Commission.
Ms. Mele closed her comments by noting that she and staff will be very busy with a trial scheduled in August, September, October and December. Ther<e were no questions of Ms. Mele.
Chairwoman Burr called for agenda item no. 8, Management District Reports
Mr. Nate Midcap, reporting for the Marks Butte, Frenchman, Sandhills and Central Yuma GWMD’s, reported that he has been following the progress of the rulemaking for East Cheyenne and
the operation of the pipeline. He said that they have received good rain this spring and that the beets were planted in March. Mr. Midcap also advised the Commission that he had been
attending meetings of the Water Preservation Partnership (WPP). In response to a question from Commissioner Burr, Mr. Midcap stated that the going was slow because contentious farmers
cannot agree on anything.
Mr. Jack Dowell, reporting for the W-Y GWMD, reported that a late freeze may have hurt the wheat but that it was too early to tell for sure. He also stated that he has started his chemigation
inspections.
There was no report for the Arikaree GWMD.
Mr. Carey Barnes, reporting for the Plains and East Cheyenne GWMD’s, informed the Commission that he had been on the job for forty days. He continues to meet the users and attending
meetings. He expects that East Cheyenne will be a big task. Mr. Barnes is concentrating on 90 wells for metering concerns, he thinks that 16 of them will be classified as inactive.
Mr. Blake Gourley, reporting for the Southern High Plains GWMD reported that they have had some rain and that things were looking better than they have in years. He said that 60 to
70 percent of the wells normally on at this time of year are turned off. Mr. Gourley advised the Commission that the fields were still too wet to get in and plant the corn.
Mr. Robert Loose reporting for the North Kiowa Bijou GWMD, reported that they have had rain and more rain. The creeks and rivers are flowing to overflowing. He has had 10 inches of
rain at his house, a record. Only 50 to 60 percent of the planting is complete because the fields are too wet but nobody is complaining, yet. Mr. Loose also reported that there remain
18 permits to go to complete the final permit process in the Basin and that the Board is looking forward to that. He also went over the statistics as provided in the staff report,
noting that the North Kiowa-Bijou District and the Bijou Basins itself had the brunt of the activity. Mr. Loose explained to Commissioner Arnusch how his district processed the final
permits and located expanded acres. After further questions by Commissioner Arnusch, Mr. Vander Horst explained how staff evaluated a final permit, going through the file, study of
the aerial photographs, sending a letter for clarification and submittal of a Statement of Beneficial Use. In response to Commission<er Burr, Mr. Vander Horst agreed that there was
no cause to review further unless a complaint had been received.
There was no report for the Upper Black Squirrel GWMD.
Mr. David Tausig reporting for the Upper Big Sandy GWMD, reported that the investigation continues into the Town of Calhan selling and exporting water. He said that his District too
had been receiving good rain. They had 5 niches in Limon and that all the creeks were flowing. Mr. Tausig indicated that his board was considering some sort of recharge project, perhaps
using ponds to recharge storm water. Mr. Tausig closed his remarks noting that sustainable aquifers are the most important issue going forward and that the local users need to solve
their problems on their own or the state will step in and set rules.
Mr. John Sauter, reporting for the Lost Creek GWMD, reported that his district continues to work on a water budget and ways to increase monitoring. They would like to see how the recent
8 inches impact the aquifer. Mr. Sauter stated that all the rain has caused a sever outbreak of wheat rust and that after the hard freeze that hurt the wheat. He reported that they
continue to work on Front Range Resources applications.
Mr. Dan Lloyd, reporting for Upper Crow Creek Basin, reported that Upper Crow Creek is flooding, alfalfa fields are under water as are the roads and that the sprinklers are shut off
with a full soil profile. He did say that there had been a lot of winter wheat kill this winter. Mr. Lloyd reported that the Wyoming State Engineer published an order prohibiting
new appropriations of high capacity wells in drawdown areas of the High Plains aquifer consisting of Sand, Fractured Brule or White River. One of these drawdown areas is Upper Crow
Creek. For those wells constructed below the high plains aquifer, draw downs are limited to 20% and well to well spacing is 1 1/2 miles.
Mr. Lloyd reported that users are asking questions about the basin, water levels, aquifer determination and separation among other matters. He also mentioned that there is talk in the
Basin of forming a management district. This is because of ongoing concerns, an anticipated increase in drilling because of the order from the Wyoming State Engineer, oil and gas development
actively seeking water for their uses. Mr. Lloyd closed his remarks by stating a local concern that it will not be long before agriculture becomes a secondary use of water.
Commissioner Wolfe offered to have staff gather information on monitoring wells in Crow Creek and the possibility establishing a monitoring network. He also offered to have staff consult
with representatives regarding the establishment of a management district. The Commission gave direction for staff to proceed with Commissioner Wolfe’s suggestions.
Ms. Deb Daniel, reporting for the Republican River Water Conservation District, reported that things are very green from Burlington to Castle Rock. She said that they had delivered,
without any glitches, 7,000 acre-feet so far this year and that they expect to turn the pipeline on again in September and deliver an additional 6,000 acre-feet in 2015.
Ms. Daniel reported that there was a meeting of the local water users with the governor of Kansas, his State Engineer and Secretary of the Agriculture in St. Francis Kansas. She said
that the residents let their State Officials know that they did not want Colorado to continue pumping ground water into the North Fork. This is because they do not see any benefit
from and feel they are losing the ground water that they use to downstream users. Commissioner Wolfe responded in the affirmative when Ms. Daniel asked Commissioner Wolfe if the meeting
effected the negotiations with Kansas. Ms. Daniel also reported that Kansas verbally stated that they would consider evaporation credits if Bonny Reservoir were to be filled again.
Ms Daniel reported that she continues to seek funding for conservation measures in the District. She said that there are a few potential sources from the study of conservations practices
to implementing those practices. She said that she has been busy keeping the Colorado State University team doing their policy analysis on the Water Conservation Partnership program
<appraised of the current conservation measures taken by the growers.
Ms. Daniel closed her comments saying that the Republican River District continues to purchase surface water rights in an effort to keep the irrigation community going.
Chairwoman Burr called for agenda item no. 9, old business. <Kevin Rein, Assistant State Engineer, reviewed the bills from the 2015 legislative session that concerned water. Mr. Rein
referred the Commission to a handout as he made his comments. He noted that HB-1<5-1013 dealing with dewatering projects along, HB-15-1166 concerning the creation of an alluvial well
monitoring network along the Platte River, and HB-15-1167 authorizing a study of potential reservoir sites were the result of HB-12-1278. <He also reported that SB-15-183 dealing with
historical consumptive use analysis passed. This bill says that a water right holder only needs to obtain a single historic consumptive use determination even for future change cases.
Mr. Rein closed his comments <by saying that he, Commissioner Burr and Jen Mele met with a couple of outside attorneys to bring De Novo bills back the next legislative session.
Chairwoman Burr called for agenda item no. 10, new business.
The commission selected Alamosa as the location for the August commission meeting.
Chairwoman Burr called for agenda item no. 11, public comment;
Mr. Ernie Mikita addressed the Commission. He expressed his disappointment about follow through and timing of staff’s response to a violation.
Mr. Ralf Topper provided the commission with a history, the number of wells per Basins and the cost, of water well measurement program in the Basins.
Mr. Kevin Donegan showed the Commission how to access various data bases through the internet programs (map viewer, CDSS and DWR).
Mr. Robert Loose and Mr. Dave Tausig said that they would like to continue to receive hard copies of the water level measurements.
Mr. Andy Mc Clary questioned Mr. Topper if there was a way to determine if all of the rain that has fallen in the past weeks as had a positive impact on the aquifer. Mr. Topper said
that the wells are measured in the late winter early spring and as such do not capture the impact of the rains. He went on to say that he will look into what can be done about measuring
a few wells for that purpose.
Mr. Topper indicated to the Commission that they would continue this discussion and pare down the number of hard copies of the water level measurements that are printed.
Mr. Derek Turner, substituting attorney for the Commission informed the Commission that he is the council of record for the Board of Examiners and that the Board of Examiners is going
through a major revision of their rules.
Chairwoman Burr called for agenda item no. 12, Executive session.
Mr. Derek Turner, Attorney for the Commission, cited the statute regarding the reason for the executive session being the Commission’s position in the pending appeal in Adams County
District Court (case no. 15-CV-30493) of Front Range Resources LLC’s application for a Replacement Plan (case no. 13-GW-07).
Commissioner Clapper moved to enter into Executive Session.
Commissioner Valdez seconded the motion which passed unanimously.
Commissioner Valdez moved to exit executive session.
Commissioner Clapper seconded the motion which passed unanimously.
Mr. Derek Turner provided a brief description of the subject matter discussed in executive session. He said that the only matter discussed was the Front Range Resources LLC’s matter.<
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 7
May 15, 2015
Minutes_2015-5-15_Draft.pdfMINUTES
MINUTES QUARTER QUARTERLY MEETING COLORADO GROUND WATER COMMISSION MAY 15, 2015 The Second Quarterly Meeting of the Colorado Ground Water Commission took place on May 15, 2015,
at Castle Rock Town Hall, 100 N Wilcox, Castle Rock, Colorado. Chairwoman Carolyn Burr 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, Marc Arnusch, Larry Clever, Blake Gourley, Steve Kramer, Greg Larson, Scott Tietmeyer, Virgil Valdez, Lauren
Ris (on behalf of Mike King), Dick Wolfe and Suzanne Sellers (on behalf of James Eklund). Staff members present were Kevin Rein, Keith Vander Horst, Richard Nielsen, Chris Grimes,
Debbie Gonzales, Shannon Johnson, Justina Mickelson, David Keeler, Andrew Flor, Kevin Donegan and Ralf Topper. Also present were Jody Grantham, Hearing Officer, Derek Turner, A.G.
for the Commission and Jennifer Mele, A.G. for staff. Members of the public were also present. Review and Approval of Agenda Items, Commissioner Burr suggested amending the agenda
to include a section between items 3 & 4 for acknowledgments and resolutions. Commissioner Valdez moved to approve the agenda as amended. Commission Kramer seconded the motion which
passed unanimously. Approval of Minutes for Meeting of February 20, 2015, Chairwoman Burr asked if there were any corrections or additions to the minutes. Commissioners Valdez, Sullivan
and Arnusch suggested amendments Commissioner Valdez moved to approve the minutes as amended. Commissioner Kramer seconded the motion which carried unanimously. Chairwoman Burr
welcomed Commissioner Gourley to the Commission. She also acknowledged the presence of Larry Ross, Commissioner, and Rob Weare, Planner, of Elbert County in audience. Ms. Burr then
read into the record a resolution for Commissioners Max Smith and George Schubert, acknowledging their service as members of the Colorado Ground Water Commission. Report of the Executive
Director by Dick Wolfe Commissioner Wolfe expressed his appreciation for the service of Max Smith and George Schubert. He then welcomed Mr. Gourley to the Commission, thanking him
for volunteering. Mr. Wolfe also noticed that Mr. Dan Farmer, who was unable to attend this meeting, was appointed by the Governor to replace George Schubert. Mr. Farmer is expected
to be at the August meeting. Ground Water Commission Meeting Minutes Page 2 May 15, 2015 Mr. Wolfe opened his remarks reporting that a stipulation had been reached between the
East Cheyenne Ground Water Management District and all other parties (we are waiting on the official response from the Plains GWMD) opposing the proposed well measurement rules being
developed by East Cheyenne. He informed the Commission that on July 21, 2015 the date for the hearing on the rules will be set, most likely for a September date. Also, that per the
stipulation with the Big Four Districts, East Cheyenne will be adopt the Rules by July 31, 2015 then send them to the Commission for consideration at the August meeting. The East Cheyenne
District must have an employee in place to enforce those rules by August 21, 2015. The rules will become effective on April 1, 2016. Mr. Wolfe advised the Commission that if all procedures
and deadlines are not met, the District will fall under the State’s Well Measurement Rules as adopted for the Republican River Basin. Mr. Wolfe informed the Commission that he continues
to meet monthly with Kansas and Nebraska over the pipeline. He believes that progress continues to be made in the discussions. Mr. Wolfe noted that a public meeting in the northwest
corner of the state by Kansas authorities has raised some interesting comments and perspectives of Kansas after the officials heard what their local residents thought about the negotiations.
The Commission was advised that the pipeline operated up to early April, delivering 6974 acrefeet. Mr. Wolfe also stated that all of the rain has the streams flowing again and that
on April 23rd flows were recorded at the Benkelman gage for the first time in three years. Mr. Wolfe went on to say that the flows this morning were 10 cfs which equals 20 acre-feet
per day. Mr. Wolfe reported that the committee working on the ground water use rules in the Rio Grande basin held their last meeting earlier this month. He said that the proposed
rules will be submitted to the Water Court soon. Mr. Wolfe also said that the first Sub-District has received operational approval for the fourth year. The first District covers about
half of the wells in the Basin and he expects up to six more districts to be formed. Responding to a question of Commissioner Valdez, Mr. Wolfe indicated that now that the lower limit
of the model had been set and staff was working on developing the response functions. He anticipates completion in a month. Commissioner Burr asked Mr. Wolfe if he had any update
regarding the administration of Upper Crow Creek by the State of Wyoming. He said that he had not been in touch with the Wyoming State Engineer on that matter since the last meeting.
Responding to Commissioner Kramer’s request for an update on the Hutton matter, Mr. Wolfe stated that so far all that has been going on is legal work and that he has nothing else to
add. Commissioner Kramer said that all of the management districts are willing to do whatever they can to assist with the case. Chairwoman Burr called for agenda item no. 5, Commissioners’
reports; Commissioner Sellers provided an update on the water use directive discussed at the February 25, 2015 meeting. Ms. Sellers said that the Forest Service indicated that, based
on the nationwide comments, they are going to re-write the directive, in a collaborative manner with the Ground Water Commission Meeting Minutes Page 3 May 15, 2015 States and Tribes,
and to submit that re-write again for public comment. There are no dates set at this time. Ms. Sellers also spoke to the Statewide Water Plan. She said that the CWCB and received
15,000 comments by the May 1, 2015 deadline and that staff is addressing each comment. Ms. Sellers advised the Commission that the Basin Roundtables would provide their individual
implementation plan next week. After that, the second draft of the water plan will be made public on July 15, 2015 with comments due by September 17, 2015. Chairwoman Burr called
for agenda item no. 6, the staff activity report. Mr. Keith Vander Horst went over his written report. He noted that he was waiting on the Hearing Officer’s ruling on the expedited
Beedy case. He also noted there are two new hearing cases besides the Beedy case, Burnett Land and Cattle in Upper Crow Creek and WC Resources in Lost Creek. Mr. Vander Horst also
noted that the Greathouse case which had been closed had been reopened due to a technicality. Regarding enforcement actions Mr. Vander Horst advised the Commission that two reports
of expanded acres in the Arikaree District had been investigated and found to be unsubstantiated. He said that a show cause letter had been sent to a well owner in Lost Creek Basin
asking for information on a report of expanded acres. Mr. Vander Horst said that in response to a complaint from the Upper Black Squirrel Creek District, staff had sent letters to
Meridian Metropolitan District and Woodman Hills Metropolitan District stating that they need to resubmit their replacement plans in June for continued processing. Commissioner Arnusch
questioned the 30-year delay in enforcing the Lost Creek violation. Mr. Vander Horst said that staff does not have the man power to inspect the operations of all well owners. He said
that most of the State’s actions begin as complaints from neighbors and management districts. Commissioner Arnusch asked about whose responsibility is it for compliance of the well
permit, staff or the Commission. Mr. Vander Horst said that staff enforces the permits for the Commission. Commissioner Wolfe spoke to the matter saying that it is the well owner’s
responsibility to be in compliance with the permit. He also noted that this is currently an allegation with nothing being proven and that it may be only an acre or two. Mr. Chris
Grimes addressed the Commission. He stated that the information on the case came two weeks ago from the former tenet who the week before had received information that his lease had
been cancelled after 30 years. Mr. Grimes said that after two staff members reviewed the file they were uncertain if it was truly expanded acres or simply a clarification of the permitted
acres. Chairwoman Burr called for agenda item no. 7, the Attorney General’s report. Ms. Jen Mele reported that the Front Range Resource case had gone to the District Court and that
she and Pat Kowaleski were representing the Commission. She also reported that the Gallegos case, denied by the District Court, was on its way to the Supreme Court. Ms. Mele said
that the objectors in the case had filed a petition to recover their costs. Ground Water Commission Meeting Minutes Page 4 May 15, 2015 Ms. Mele also advised the Commission that
the District Court had agreed with the Commission on the Meridian matter and that it was now going before the Supreme Court with Susan Schneider representing the Commission. Ms. Mele
closed her comments by noting that she and staff will be very busy with a trial scheduled in August, September, October and December. There were no questions of Ms. Mele. Chairwoman
Burr called for agenda item no. 8, Management District Reports Mr. Nate Midcap, reporting for the Marks Butte, Frenchman, Sandhills and Central Yuma GWMD’s, reported that he has been
following the progress of the rulemaking for East Cheyenne and the operation of the pipeline. He said that they have received good rain this spring and that the beets were planted
in March. Mr. Midcap also advised the Commission that he had been attending meetings of the Water Preservation Partnership (WPP). In response to a question from Commissioner Burr,
Mr. Midcap stated that the going was slow because contentious farmers cannot agree on anything. Mr. Jack Dowell, reporting for the W-Y GWMD, reported that a late freeze may have hurt
the wheat but that it was too early to tell for sure. He also stated that he has started his chemigation inspections. There was no report for the Arikaree GWMD. Mr. Carey Barnes,
reporting for the Plains and East Cheyenne GWMD’s, informed the Commission that he had been on the job for forty days. He continues to meet the users and attending meetings. He expects
that East Cheyenne will be a big task. Mr. Barnes is concentrating on 90 wells for metering concerns, he thinks that 16 of them will be classified as inactive. Mr. Blake Gourley,
reporting for the Southern High Plains GWMD reported that they have had some rain and that things were looking better than they have in years. He said that 60 to 70 percent of the
wells normally on at this time of year are turned off. Mr. Gourley advised the Commission that the fields were still too wet to get in and plant the corn. Mr. Robert Loose reporting
for the North Kiowa Bijou GWMD, reported that they have had rain and more rain. The creeks and rivers are flowing to overflowing. He has had 10 inches of rain at his house, a record.
Only 50 to 60 percent of the planting is complete because the fields are too wet but nobody is complaining, yet. Mr. Loose also reported that there remain 18 permits to go to complete
the final permit process in the Basin and that the Board is looking forward to that. He also went over the statistics as provided in the staff report, noting that the North KiowaBijou
District and the Bijou Basins itself had the brunt of the activity. Mr. Loose explained to Commissioner Arnusch how his district processed the final permits and located expanded acres.
After further questions by Commissioner Arnusch, Mr. Vander Horst explained how staff evaluated a final permit, going through the file, study of the aerial photographs, sending a letter
for clarification and submittal of a Statement of Beneficial Use. In response to Commissioner Ground Water Commission Meeting Minutes Page 5 May 15, 2015 Burr, Mr. Vander Horst agreed
that there was no cause to review further unless a complaint had been received. There was no report for the Upper Black Squirrel GWMD. Mr. David Tausig reporting for the Upper Big
Sandy GWMD, reported that the investigation continues into the Town of Calhan selling and exporting water. He said that his District too had been receiving good rain. They had 5 niches
in Limon and that all the creeks were flowing. Mr. Tausig indicated that his board was considering some sort of recharge project, perhaps using ponds to recharge storm water. Mr.
Tausig closed his remarks noting that sustainable aquifers are the most important issue going forward and that the local users need to solve their problems on their own or the state
will step in and set rules. Mr. John Sauter, reporting for the Lost Creek GWMD, reported that his district continues to work on a water budget and ways to increase monitoring. They
would like to see how the recent 8 inches impact the aquifer. Mr. Sauter stated that all the rain has caused a sever outbreak of wheat rust and that after the hard freeze that hurt
the wheat. He reported that they continue to work on Front Range Resources applications. Mr. Dan Lloyd, reporting for Upper Crow Creek Basin, reported that Upper Crow Creek is flooding,
alfalfa fields are under water as are the roads and that the sprinklers are shut off with a full soil profile. He did say that there had been a lot of winter wheat kill this winter.
Mr. Lloyd reported that the Wyoming State Engineer published an order prohibiting new appropriations of high capacity wells in drawdown areas of the High Plains aquifer consisting
of Sand, Fractured Brule or White River. One of these drawdown areas is Upper Crow Creek. For those wells constructed below the high plains aquifer, draw downs are limited to 20%
and well to well spacing is 1 1/2 miles. Mr. Lloyd reported that users are asking questions about the basin, water levels, aquifer determination and separation among other matters.
He also mentioned that there is talk in the Basin of forming a management district. This is because of ongoing concerns, an anticipated increase in drilling because of the order from
the Wyoming State Engineer, oil and gas development actively seeking water for their uses. Mr. Lloyd closed his remarks by stating a local concern that it will not be long before agriculture
becomes a secondary use of water. Commissioner Wolfe offered to have staff gather information on monitoring wells in Crow Creek and the possibility establishing a monitoring network.
He also offered to have staff consult with representatives regarding the establishment of a management district. The Commission gave direction for staff to proceed with Commissioner
Wolfe’s suggestions. Ms. Deb Daniel, reporting for the Republican River Water Conservation District, reported that things are very green from Burlington to Castle Rock. She said that
they had delivered, without any glitches, 7,000 acre-feet so far this year and that they expect to turn the pipeline on again in September and deliver an additional 6,000 acre-feet
in 2015. Ms. Daniel reported that there was a meeting of the local water users with the governor of Kansas, his State Engineer and Secretary of the Agriculture in St. Francis Kansas.
She said that the residents let their State Officials know that they did not want Colorado to continue Ground Water Commission Meeting Minutes Page 6 May 15, 2015 pumping ground