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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-15-1013 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. Ground Water Commission Meeting Minutes Page 7 May 15, 2015 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 Minutes_8-21-2015_final.docxMINUTES MINUTES THIRD QUARTERLY MEETING COLORADO GROUND WATER COMMISSION AUGUST 21, 2015 The third Quarterly Meeting of the Colorado Ground Water Commission took place on August 21, 2015, at the Harry Andrews Training Center, Alamosa County Facilities, 8900 Independence Way, Room 221, Alamosa Co 81101. Chair<woman Carolyn Burr called the meeting to order at 8:30 a.m. Mr. Richard Nielsen called the roll and determined that a quorum was present. Commission members present were Marc Arnusch, Carolyn Burr, Dan Farmer, Blake Gourley, Steve Kramer, Greg Larson, Scott Tietmeyer, Virgil Valdez, Dick Wolfe and Suzanne Sellers (on behalf of James Eklund). Staff members present were Keith Vander Horst, Richard Nielsen, Chris Grimes, Geoff Davis, Shannon Johnson, Justina Mickelson, David Keeler. Also present were Derek Turner, A.G. for the Commission and Jennifer Mele, A.G. for staff. <Members of the public were also present. Biennial Election of Chair and Vice-Chair, Chairwoman Burr advised the Commission that her term will expire in May and that she is term limited. Commissioner Valdez nominated Commissioner Burr as chairwoman. Commissioner Tietmeyer seconded the nomination. Commissioner Larson moved to close nominations. Commissioner Gourley seconded the motion. Commissioner Burr was elected chairwoman by acclamation. Commissioner Valdez nominated Commissioner Kramer as vice chairman. Commissioner Arnusch seconded the nomination. Commissioner Farmer moved to close nominations. Commissioner Gourley seconded the motion. Commissioner Kramer was elected vice chairman by acclamation. Review and Approval of Agenda Items, the agenda was amended moving item no. 11 (a) to agenda item no. 6. Approval of Minutes for Meeting of May 15, 2015, Chairwoman Burr asked if there were any corrections or additions to the minutes. There being none, Commissioner Valdez moved to approve the minutes as presented. Commissioner Tietmeyer seconded the motion which carried unanimously with Commissioner Farmer abstaining. Report of the Executive Director by Dick Wolfe Mr. Wolfe opened his remarks by introducing the Division 3 staff that were present at the meeting, thanking them for their involvement with the tour the day before. Addressing the Republican River issues, Mr. Wolfe advised the Commission that negotiations were continuing with Kansas and Nebraska for permanent approval of the compliance pipeline. He noted that the temporary approvals have been working well and expects another such approval this year. Mr. Wolfe acknowledged the contributions of Colorado Agricultural Commissioner Don Brown and Mr. John Stulp in the recent meetings with Kansas and Nebraska were they began looking at the broader issues such as Basin wide economics. Mr. Wolfe asked Mr. Grimes to update the Commission on the status of the well measurement rules. Mr. Grimes advised the Commission that a rulemaking hearing was scheduled for September 10, 2015 in Burlington. He said that a notice was to be printed in all of the newspapers that cover the Northern High Plains. Mr. Grimes said that a settlement had been reached with all of the objectors so they expected a smooth Rulemaking Hearing. He also said that though the amended rules clean up some language and discuss use of PCC’s as a method to determine pumping, the primary reason for the amendment was to expand the area covered by the Rules to include all of the Plains District. That part of East Cheyenne District that was to be included was not because the District recently developed their own rules and had agreed to Commission oversight. Mr. Grimes expects the rules to be adopted within 180 days of the Hearing, as required. Mr. Wolfe spoke to the litigation initiated by the Hutton Foundation. He mentioned that there are three claims in the filing; 1. That the State Engineer’s administration of the Compact is unlawful, 2. That SB 52 is unconstitutional and 3. That the Ground Water Management Act is unconstitutional. Mr. Wolfe informed the Commission that 2 of 3 motions by the Division of Water Resources were granted. The first removed the Department of Natural Resources from the complaint and the second caused the Hutton Foundation to notice all well owners in the Basin. The third motion, to join the Ground Water Commission in the case was denied.< In response to questions regarding the Upper Crow Creek Basin that were raised at the May meeting, Mr. Wolfe said that if the Management District were to measure its own water levels, that this office would pay them $37.00 per well. He also noted that the hydrogeological unit is mapping the aquifers in the Basin. He is of the opinion that this effort will lead to a better understanding of what is present and to an enhanced dialogue. Mr. Wolfe addressed matters in the Rio Grande Basin. He noted that the local paper, The Valley Courier, had headlines of “Water Rules Eminent”. Mr. Wolfe advised the Commission that the latest objection period to the rules ended the Wednesday before and that there were a few objections to be reviewed. He said that the model and response functions had been finalized and provided to the prospective districts for use in their rulemaking. Mr. Wolfe said that the paper did a good job capturing everything well and to read it if additional information was needed. Mr. Wolfe reminded the Commission that Texas had filed a claim against New Mexico involving the Rio Grande Compact. He said that Colorado, as a signatory of the Compact, is a party to the lawsuit. He advised the Commission that the Supreme Court had accepted the claim by Texas and assigned a Special Master to the case. He said that all proceedings will be held in New Orleans because that is where the Special Master lives. There were no questions of Mr. Wolfe. Chairwoman Burr called for agenda item no. 6, Commissioners’ reports; Commissioner Farmer spoke to an item before the Water Quality Control Commission. He had received notice of a meeting of the Water Quality Control Commission to discuss lowering the standards for TDS infiltration. He said that currently in Black Squirrel the standard is 250 ppm and the proponents want to lower the standard to 600 ppm. Mr. Farmer would like to see the Ground Water Commission get involved in this and questioned how such an action would affect using the basin as a storage reservoir. Mr. Farmer stated that he would like to see the Ground Water Commission more directly involved in the many pending enforcement actions. In response to a question by Commissioner Wolfe, Mr. Farmer answered that it is his understanding that the Water Quality Control Commission is going to formally do Rulemaking to amend Rules 41 & 42 within the next six months. Ongoing discussion between Mr. Farmer, Mr. Wolfe and Mr. Turner identified that the process is probably at the “stake holder” stage at the present time and that legal council will look into it and respond appropriately. Commissioner Tietmeyer updated the Commission on administration of the White River by the State of Wyoming. In the Carpenter area no new wells can be constructed but wells may be constructed in the Cheyenne area however, if the static water level drops 20% they must cease pumping the well. He believes that the State wants the local users to be self administering. He noted that the area around Carpenter has three choices, establish their own pumping limitations, let the State set the pumping limits after ten years of collecting data or do nothing. Mr. Tietmeyer thinks that Wyoming is looking at a twenty year aquifer life if nothing is done. In response to a question by Mr. Wolfe, Mr. Tietmeyer advised the Commission that people in his area have hired Andy Jones to proceed with the creation of a Management District. He said that they are also talking about a watershed basin district so that what is done in Colorado can also be done in Wyoming. He also said that there is talk about asking for a Rule change to close the White River formation to new appropriations basin wide. Commissioner Burr informed the Commission that independent water users in the Basins are taking action to reintroduce the bill regarding De Novo reviews that was not pursued last year. < Chairwoman Burr called for agenda item no. 7, Presentation about impact of Division 3 Well Use Rules on local water users, by Division 3 Engineer Craig Cotten. Mr. Cotten opened his presentation by noting that there are approximately 6,000 wells in the Division producing from the unconfined (100 feet thick) and confined (up to 4,000 feet thick) aquifers. He said that the Valley had tried to establish rules in 1975 but after ten years of litigation all parties agreed through stipulations to continue the current practices. He went on to say that the currently proposed rules address the replacement of depletions to the surface streams, aquifer sustainability and they establish an irrigation season. Mr. Cotten said that once the Rules are adopted well owners will have two years to become part of a conservation district, have their own augmentation plan or discontinue pumping their wells. He noted that in developing the rules the advisory committee considered such items as how to handle lag<ged depletions of 20 years or more and what do they want the Valley to look like. Mr. Cotten said that of the seven proposed sub-districts only sub-district 1 is operational. This district charges $75 per acre-foot of water pumped but also provides a $75 per acre-foot credit for water brought into the Basin. Mr. <Cotten said that the irrigators are also turning to low water demand crops (Hemp and canola etc), various CREP programs and converting to solar fields to reduce water demand. In a brief question and answer session, Mr. Cotten answered questions on crop water use in relation to natural precipitation, CREP requirements in the Valley and the effect of various measures on land values. Chairwoman Burr called for agenda item no. 8, the staff activity report. Mr. Keith Vander Horst went over his written report. He noted that though five Hearing cases (<Beedy, two for Burnett Land and Cattle, Dan Farmer and Magnum Feed) had been finalized there were five new cases (Preston Ranch, two for Axton, Garner and Deterding) had been entered into. Mr. Vander Horst reported that seven complaints of violation had been investigated and found to be unfounded. He also said that there was a rise in complaints about surface ponds (mostly from the Management Districts) that were probably related to the recent court ruling in the Meridian matter. Mr. Vander Horst closed his comments by introducing Mr. Geoff Davis a new team member replacing Debra Gonzales who moved to the Division 1 team. In response to a question from Commissioner Valdez, Mr. Vander Horst confirmed that the use of the Beedy wells does not allow for use in oil and gas development. He said that the Hearing Officer agreed with Staff’s position that the commercial designation on the permits was limited to piscatorial use. Chairwoman Burr called for agenda item no. 9, the Attorney General’s report. Ms. Jenifer Mele reported on three cases, in the matter of the Cherokee replacement plan she anticipates more litigation because the Supreme Court did not give clear direction in its ruling. As to the Gallegos case, a briefing schedule should be set in September and the Meridian case is set for oral arguments before the Supreme Court on September 30th. Ms. Mele also reported that Cherokee Metropolitan District filed a lawsuit naming Upper Black Squirrel and the Commission as defendants. She indicated that this suit is for direction on how they can use wells 1 through 8. Ms. Mele stated that she had filed a motion to dismiss because the matter should come before the Commission, not the District Court. Responding to Commissioner Burr, Ms. Mele said that the Gallegos matter in the District Court was for all intents a new trial though the judge would refer to the Hearing Officer’s decision. Chairwoman Burr called for agenda item no. 10, Management District Reports Mr. Nate Midcap, reporting for the Marks Butte, Frenchman, Sandhills and Central Yuma GWMD’s, reported that the crops look good. He stated that three of his four districts are concerned about how applications to change the description of irrigated acres are evaluated. He will make sure that all four Districts are on the same page before approaching staff. Mr. Midcap said that his people are watching the Hutton case very closely and he thanks Commissioner Wolfe for his efforts on the Hutton matter and the Republican River Pipeline. Mr. Jack Dowell, reporting the W-Y GWMD, reported that his report could repeat that of Mr. Midcaps. He said the crops look good but that areas vary depending on Mother nature. Mr. Dowell continues his chemigation inspections. There was no report from the Arikaree GWMD. Mr. Steve Kramer, reporting for the Plains and East Cheyenne GWMD’s, informed the Commission that Mr. Barnes had been busy getting some ninety wells up to speed and their meters tested in the East Cheyenne District. Mr. Kramer said that the Plains District intends to update their rules in the near future. He said that there was a lot of growth orientated activity in and around Burlington. Mr. Kramer also mentioned Burlington’s ongoing concerns with nitrates in the water and a potential fine for violations. Mr. Blake Gourley, reporting for the Southern High Plains GWMD reported that the Basin looks the best it has since 2001. He said that the wheat had been damaged by the freeze but the corn and milo are looking great. Mr. Gourley said that the good rain and low corn prices has reduced the pressure on the wells. There was no report from the North Kiowa Bijou GWMD. Ms. Tracy Doran, reporting for the Upper Black Squirrel GWMD, reported that there has been a lot of rain, some of it historic, and that all the creeks, except for Brackett Creek, are flowing. She reported that she had been busy checking into the legality of the many ponds the heavy precipitation has revealed. Ms. Doran also reported that she is receiving a lot of calls, even from across the nation, asking about water and what it can be used for, specifically green houses to grow marijuana. Ms. Doran asked about the Woodman Hills replacement plan, noting that after 15 years it remains unapproved. Mr. Vander Horst responded saying that the plan is to be submitted by the end of August. Ms. Tracy Doran reporting for the Upper Big Sandy GWMD, reported that it too had received historic rainfall causing rivers and creeks to flow and reservoirs that have been empty for 20 years to fill. She indicated that the District is looking into amending the rules for the small capacity wells. Mr. Marc Arnusch, reporting for the Lost Creek GWMD, reported that Mr. Vander Horst and Mr. Grimes accepted an invitation to attend a District meeting. He said that this was very helpful for the board to receive answers to questions on operating procedures and policies of the Commission and the relationship between the Commission and the District in permitting and enforcement. Mr. Arnusch noted that of seven board members, only three own an irrigation well. He also indicated that the export of water for commercial and industrial uses is probably the predominate use today. Mr. Scott Tietmeyer, reporting for Upper Crow Creek Basin, reported that they have had record rainfall leading to Crow Creek flowing in August and green grass in the Pawnee National Grasslands in August, not normal. The rain has reduced the well pumping and delayed the planting and harvesting of corn and alfalfa. He thanked Ms. Mele, Mr. Vander Horst and Mr. Nielsen for meeting with himself and others from the Basin to discuss the steps to form a management district. He said that part of the reason for forming the district was two applications to appropriate 1290 acre-feet each from the White River formation for oil and gas development throughout the north-eastern corner of the state. He said that the wells would be located in a valley were seasonally declining water levels have historically led to the use of only 1000 acre-feet of water on 670 acres. Mr. Tietmeyer said that interested parties are exploring the formation of a ground water management district with Mr. Andy Jones as their legal counsel, creating a monitoring well program and requiring meters on high capacity wells. He closed his report requesting assistance in the above items. In response to a question by Commissioner Valdez, Mr. Vander Horst described the procedures, as set out in statute, for the creation of a ground water management district. Mr. Greg Larson, reporting for the Republican River Water Conservation District, reported that the Colorado NRCS office has been approved for the Ogallala initiative which brings one million dollars into the Basin for water conservation methods (well efficiencies) and land retirement. He said that the Republican River Water Conservation District (“District”) is going to add $500,000 to that figure and that the Federal Government has promised an additional $1.5 million dollars per year for three years to enhance the programs. There are already 400 acres signed up for permanent retirement. Mr. Larson said that the District engineer will determine how much water needs to be pumped through the compact compliance pipeline in the next two weeks and water users hope pumping is not required until October. He closed his comments noting that the District continues to purchase surface water rights, Chairwoman Burr noted that agenda item no. 11, old business had been discussed under agenda item no. 6, Commissioners Reports, Chairwoman Burr called for agenda item no. 12, new business, a proposal by Staff to initiate the process to change Designated Basin Rules 5.3.6.1.C and .F defining the locations of nontriburary ground water in the Denver and Laramie-Fox Hills aquifers in the Lost Creek and Kiowa Bijou Designated Basins. Mr. Vander Horst explained the history of the matter noting that staff has been using the presented adjusted values since the late 1980’s under the site specific provision of the Rules. He went on to say that the reason for the push now is because the Lost Creek GWMD requested the rule change. Mr. Vander Horst said that the site specific data also supports moving the non-tributary line in the Kiowa-Bijou Basin. He said that at this time he is asking for direction to proceed. Responding to a question of Commissioner Arnusch, Mr. Vander Horst indicated that the existing, approved determinations would not be altered by this change and that applications pending at the time of the change would not be affected because staff is currently using the proposed non-tributary lines pursuant to the site specific provisions of the Rules. Mr. Wolfe noted that the modeling group has been occupied with the Rio Grande project but now that the project is complete they can move onto this project, probably three months from now the Commission so directs. Mr. Wolfe also stated the rule making process should begin with stake holder input.< Chairwoman Burr directed staff to begin the informal process by obtaining input from the stakeholders. Mr. Bob Longenbaugh addressed the Commission, presenting geologic and soils maps and advising them that the SB-5 Rules have change procedures that should be followed built in. Chairwoman Burr called for agenda item no. 13, public comment. < Mr. Bob Longenbaugh approached the Commission. He stated that he was concerned about where the Designated Basins were going. He noted that the Designated Basins are not addressed adequately in the State Water Plan. Mr. Longenbaugh believes that the Commission should become more proactive, perhaps by revisiting each Basin to determine long term objectives and operational plans for it. He believes that the Commission should establish rules regarding use of the Basins as storage aquifers for recharged water. Mr. Longenbaugh encouraged the Commission to consider water quality issues to the same degree if not more than they do the water quantity concerns. 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 August 21, 2015 PacketMemo2015Aug.docx Ground Water Commission 1313 Sherman Street, Room 821 Denver, CO 80203 August 6, 2015 MEMORANDUM TO: Ground Water Commission Members FROM:Keith Vander Horst, Designated Basins Team Leader SUBJECT: Upcoming Ground Water Commission Meeting The upcoming Ground Water Commission meeting is scheduled for 8:30 a.m. on Friday, August 21, 2015,at the Herry Andrews Training Center, Alamosa County Facilities, Room 221, 8900 Independence Way, Alamosa, CO 81101. Please find enclosed herewith the following: Meeting agenda Minutes of the last Commission meeting, Agenda Item No. 4 Staff Activity Report, Agenda Item No. 8 The Attorney General’s Report, Agenda Item No. 9 Memo from Staff concerning proposal to initiate the process to change Designated Basin Rules 5.3.6.1.C and .F, Agenda Item 12.a Hearing Officer's Report Notice of Public Informational Hearing before the Colorado Water Quality Control Commission, provided per request by Commissioner Dan Farmer Please contact myself or Rick Nielsen if there are any questions about the Commission meeting. cc:Commission Staff Designated Ground Water Management Districts PacketMemo2015Aug.pdf QRTSTAT-2015Aug.xlsQRTSTAT.XLS Print_Area_MI TABLE 1 DESIGNATED BASINS BRANCH QUARTERLY ACTIVITY REPORT C.R.S. 37-90- BASIN RECEIVED ISSUED KIOWA BIJOU LOST CREEK CAMP CREEK UPPER BIG SANDY TOTAL SUMMARY OF APPLICATION ACTIVITY INCOMPLETE AP NP AU AR AD & AW CHANGE APPLICATIONS UPPER CROW CREEK TOTAL RECEIVED NEW ISSUED REPLACE ISSUED NEW RECEIVED DENIED & WITHDRAWN NORTHERN HIGH PLAINS SOUTHERN HIGH PLAINS UPPER BLACK SQUIRREL CREEK RESUBMITTED SMALL CAPACITY PERMITS REPLACEMENT CA CANCELED CHANGE OF WATER RIGHT LARGE CAPACITY PERMITS, LARGE CAPACITY PERMITS (NEW & REPLACEMENT) (INCLUES DETERMINATIONS OF WATER RIGHT) LARGE CAPACITY PERMITS, NEW MAY 1, 2015 THROUGH JULY 31, 2015 105.00 107.00 111.00 111.00 40.00 41.00 5.00 0.00 0.00 0.00 1.00 3.00 6.00 3.00 57.00 30.00 2.00 41.00 18.00 0.00 0.00 2.00 0.00 1.00 7.00 5.00 0.00 5.00 3.00 0.00 3.00 0.00 7.00 0.00 18.00 9.00 3.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 18.00 12.00 1.00 6.00 4.00 0.00 1.00 2.00 2.00 0.00 0.00 2.00 0.00 5.00 2.00 0.00 0.00 0.00 0.00 0.00 3.00 4.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 13.00 12.00 0.00 3.00 2.00 0.00 0.00 0.00 0.00 0.00 156.00 115.00 11.00 60.00 29.00 0.00 5.00 7.00 15.00 4.00 156.00 126.00 20.00 5.00 0.00 6.00 65.00 36.00 21.00 8.00 2.00 0.00 15.00 4.00 5.00 2.00 0.00 RequestToInitiateRuleChange.pdf StaffReport2015Aug.docx Ground Water Commission 1313 Sherman Street, Room 821 Denver, CO 80203 August 21, 2015 Meeting MEMORANDUM TO:Dick Wolfe, Executive Director – Ground Water Commission FROM:Keith Vander Horst, Designated Basins Team Leader SUBJECT:Staff Activity Report for May 1, 2015 through July 31, 2015 Various activities performed during the last quarter are briefly described below. New and Replacement Applications Table 1 provides a breakdown, by basin, of permitting activity for the last quarter. Permit activities are summarized as follows. Small capacity: 156 small capacity new and replacement well permit applications were received 126 small capacity new and replacement well permits were issued Large Capacity: 65 large capacity new and replacement well permit applications, and Determination of Water Right applications, were received 36 large capacity new and replacement well permits and Determinations of Water Rights were issued 0 large capacity well permits were canceled