DWR_3364075

• Board or Commission: Colorado Ground Water Commission
• Document Type - Board and Commission Meetings: Meeting Document
• Document Date: 2/16/2018
• Subject: MEETING MATERIALS

land ownership subject to Rule 5.4) are determined to be over appropriated, with the amounts of water contained in those aquifers decreasing and their water levels declining. Allowing
an effective increase in the number of irrigated acres under current Rule 7.4, with accompanying increases in withdrawals from and depletions to these aquifers, results in an increase
in the rate of reduction of water contained in these aquifers and the rate of decline in water level, which results in less water available to the vested rights of other appropriators
in the future than would be allowed under the changed rule. Nearly all the Ground Water Management Districts in the Northern High Plains Designated Ground Water Basin, and the Lost
Creek Ground Water Management District, have expressed a desire to stop the practice under the current Rule 7.4. The change is intended to prevent the effective increase in number
of acres to be irrigated, with accompanying increases in withdrawal from and depletion to the aquifers, which occur under the current rule and thus prevent material injury to the vested
rights of other appropriators. The basis for each amendment to the Rule is as follows. 7.4.1  Using an average of ten or more years of historical number of acres irrigated adapts
and applies the similar standards of Rule 7.10.1, which gives the standards for evaluation of historical use for changes of water rights that require a determination of historical withdrawal
from and depletion to an aquifer.  The rule places on the applicant - as is the standard under Colorado water law - the burden of demonstrating that the proposed change will not materially
injure the vested rights of other appropriators by demonstrating the historical average number of acres irrigated, but allows the Commission to use all available information to establish
the historical average number of acres irrigated. 7.4.1.1  Not allowing credit for historical irrigation of acreage which exceeds the number of permitted acres prevents an increase
in permitted number of acres and thereby prevents an increase in the withdrawals and depletions of designated groundwater. 7.4.1.2  In the general case, not allowing credit for historical
irrigation of acreage that is not within the permitted description of irrigated acreage adapts and applies the similar standards of Rule 7.10.2. Proposed Statement of Basis, Statutory
Authority, and Purpose Page 3 of 4 Amendment of Designated Basin Rule 7.4 January 30, 2018  In some cases, where the description of irrigated acres on the permit did not describe
the actual acres that were irrigated, credit is allowed for the number of historically irrigated acres that are those under which the irrigation right was established by placement to
beneficial use and have been continued to be irrigated since the irrigation right was established (but not exceeding the amount of permitted acreage), and the change is not resulting
in an actual change in irrigated acreage. 7.4.1.3  Allowing years when a well was placed into a federal set aside or conservation reserve program to be excluded from computation of
the historical average adapts and applies the similar standards of Rule 7.10.4(a). 7.4.1.4  Allowing the owner to exclude years from computation of the historical average, subject
to there being at least ten years available to compute a historical average, upon prior written request, adapts and applies the similar standards of Rule 7.10.4(b).  Making 2018 the
year when this provision is allowed to be first used follows the concept of Rule 7.10.4(b) where the ability to exclude a year from the averaging computation of Rule 7.10 began in the
year when Rule 7.10.4(b) was added to the Rules, which was 1997. 7.4.1.5  In its November 16, 2012 meeting, the Commission decided that it did not want to eliminate the duty of water
requirements of Rule 5.5 on new conditional permits.  As new wells must have a duty of water that establishes a maximum duty of water, it is reasonable that rights undergoing a change
in the description of irrigated acres should also be limited to that same maximum duty of water. II. STATEMENT OF SPECIFIC STATUTORY AUTHORITY A. Relevant Provisions of Statute and
Rule The Colorado Ground Water Commission (“Commission”) is empowered under section 37-90-111(1)(g), C.R.S., to authorize changes of rights to designated groundwater, including changes
in the description of irrigated acres to be served by a permitted well. A change can be approved only upon such terms and conditions as will not cause material injury to the vested
rights of other appropriators. B. Specific Statutory Authority Concerning Rule Making The Commission’s Rules, including Designated Basin Rule 7.4 and any amendments thereto, are promulgated
pursuant to section 37-90-111(1)(h), C.R.S., to carry out the authority and responsibilities of the Commission to supervise and control the exercise and administration of rights acquired
to the use of designated groundwater. The proceedings were conducted pursuant to the Commission’s Rules for Procedure for All Hearings Before the Colorado Ground Water Commission, 2
CCR 402-3. Proposed Statement of Basis, Statutory Authority, and Purpose Page 4 of 4 Amendment of Designated Basin Rule 7.4 January 30, 2018 The Commission announced its contemplated
rule-making under section 24-4-103(2), C.R.S., and invited public comment and participation during the stakeholder process. The Commission provided notice of the proposed rule-making
under section 24-4103(3), and the proposed rule and a proposed statement of basis, specific statutory authority, and purpose were made available at least five days prior to the public
hearing as required by section 24-4-103(4)(a), C.R.S. ###
QRTSTAT-2018Feb.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
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
LARGE CAPACITY PERMITS
CHANGE OF WATER RIGHT
LARGE CAPACITY PERMITS,
LARGE CAPACITY PERMITS (NEW & REPLACEMENT)
(INCLUES DETERMINATIONS OF WATER RIGHT)
INCOMPLETE REURNED
NOVEMBER 1, 2017 THROUGH JANUARY 31, 2018
105.00
107.00
111.00
111.00
34.00
30.00
7.00
0.00
0.00
2.00
1.00
1.00
6.00
2.00
33.00
31.00
4.00
10.00
49.00
0.00
0.00
0.00
2.00
0.00
41.00
0.00
0.00
29.00
0.00
0.00
1.00
0.00
10.00
0.00
21.00
8.00
1.00
9.00
5.00
0.00
0.00
0.00
0.00
2.00
4.00
4.00
0.00
3.00
9.00
0.00
3.00
2.00
0.00
2.00
1.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
4.00
2.00
1.00
6.00
2.00
0.00
0.00
0.00
6.00
0.00
11.00
3.00
0.00
8.00
6.00
0.00
0.00
0.00
0.00
0.00
149.00
78.00
13.00
65.00
71.00
2.00
5.00
3.00
24.00
6.00
149.00
91.00
65.00
9.00
3.00
4.00
70.00
74.00
37.00
3.00
1.00
2.00
24.00
6.00
13.00
3.00
0.00

StaffReport2018Feb.docx
Ground Water Commission
1313 Sherman Street, Room 821
Denver, CO 80203
February 16, 2018 Meeting
MEMORANDUM
TO:Kevin Rein, Executive Director – Ground Water Commission
FROM:Keith Vander Horst, Chief of Water Supply - Basins
SUBJECT:Staff Activity Report for November 1, 2017 through January 31, 2018
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:
149 small capacity new and replacement well permit applications were received
91 small capacity new and replacement well permits were issued
Large Capacity:
70 large capacity new and replacement well permit applications, and Determination of Water Right applications, were received
74 large capacity new and replacement well permits and Determinations of Water Rights were issued
Table 2 provides details on the individual pending large capacity new and replacement permit applications and Determination of Water Right applications.
Change Applications
Table 1 also gives a breakdown, by basin, of change of water right application activities for the last quarter:
24 new change applications were received
6 change applications were approved
Table 3 provides details on the individual pending change of water right applications.
Final Permit Summary
Below is a summary of the status of permits subject to Final Permitting as of January 31, 2018. The</ numbers do not include permits that are not subject to Final Permitting, such as
for Denver Basin bedrock 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 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 of a Final Permit.
Final Permit Status as of January 31, 2018
Basin
Total Number of Permits
Number of Final Permits Issued
Number of Pending Conditional Permits
Northern High Plains
4092
4092
0
Southern High Plains
1225
1194
31
Lost Creek
372
372
0
Kiowa-Bijou
872
870
2
Upper Big Sandy
121
121
0
Upper Black Squirrel Creek
161
154
7
Upper Crow Creek
121
112
9
Camp Creek
51
48
3
Total
7015
6963
52
Objections/Hearings
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,
preparation of pre-hearing statements, and otherwise worked on resolving these cases.
Pending with the Commission
Cherokee Metro Dist. & Meridian Service Metro Dist., 08GW71 (replacement plan)
Cherokee Metro Dist., 08GW78 (change of use of alluvial well)
Cherokee Metro Dist., 09GW15 (change of use of alluvial wells)
Meridian Service Metro Dist., 09GW11 (change of use of Denver Basin rights)
Meridian Service Metro Dist., 16GW05 (Petition for determination of jurisdiction)
Meridian Service Metro Dist., 18GW01 (amendment to replacement plan)
Rule 7.4 amendment, 17GW04 (Rulemaking)
Rules 5.6 & 5.8 amendment, 17GW05 (Rulemaking)
Upper Crow Creek Parties, 17GW01 (creation of a ground water management district)
White Ranch, 17GW06 (new appropriation in SHP)
Woodmen Hills, 03GW20, (new alluvial rights and a replacement plan)
Under appeal
Front Range Resources, 13GW07 (replacement plan in Lost Creek)
Completed during the last quarter
Kiowa, Town of, 16GW02 (Final Permit)
Strasburg, Town of, 16GW01 (Final Permit)
Lost Creek Dairy, 17GW02 (change use of Laramie-Fox Hills well)
Lost Creek Dairy, 17GW03 (increase allocation of 2952-BD)
Enforcement Items and Actions
For the period of November – January Staff has responded to a variety of complaints involving the perceived unpermitted use of wells and designated groundwater. Show cause letters and
subsequent field inspections have been used to verify well permit compliance in many instances.
The issues described below are active violations identified last quarter that have been resolved or are currently under review.
NORTHERN HIGH PLAINS
Plains GWMD
In 2017, an irrigation well owned by the Norbert Pekarek Trust was pumped in excess of the well’s allowable annual allocation as defined under the Final Permit. Staff has issued an
over-pumping order, and in 2018, the well is allowed to divert no more than the allowable annual allocation as defined on the Final Permit minus the amount the well over-pumped in the
2017 water year.
In 2017, an irrigation well owned by the Nicolas Scott was pumped in excess of the well’s allowable annual allocation as defined under the Final Permit. Staff has issued an over-pumping
order, and in 2018, the well is allowed to divert no more than the allowable annual allocation as defined on the Final Permit minus the amount the well over-pumped in the 2017 water
year.
Sandhills GWMD
In 2017, an irrigation well owned by the Richard Zwirn was pumped in excess of the well’s allowable annual allocation as defined under the Final Permit. Staff has issued an over-pumping
order, and in 2018, the well is allowed to divert no more than the allowable annual allocation as defined on the Final Permit minus the amount the well over-pumped in the 2017 water
year.
W-Y GWMD
In 2017, an irrigation well owned by the Ruben Richardson was pumped in excess of the well’s allowable annual allocation as defined under the Final Permit. Staff has issued an over-pumping
order, and in 2018, the well is allowed to divert no more than the allowable annual allocation as defined on the Final Permit minus the amount the well over-pumped in the 2017 water
year.
Frenchman GWMD
In 2017, an irrigation well owned by the 0408COUS Yuma LLC was pumped in excess of the well’s allowable annual allocation as defined under the Final Permit. Staff has issued an over-pumping
order, and in 2018, the well is allowed to divert no more than the allowable annual allocation as defined on the Final Permit minus the amount the well over-pumped in the 2017 water
year.
Outside of a GWMD
In 2017, an irrigation well owned by the Town of Akron was pumped in excess of the well’s allowable annual allocation as defined under the Final Permit. Staff has issued an over-pumping
order, and in 2018, the well is allowed to divert no more than the allowable annual allocation as defined on the Final Permit minus the amount the well over-pumped in the 2017 water
year.
UPPER BLACK SQUIRREL
Upper Black Squirrel Creek GWMD
Staff has resolved violations associated with wells owned by Phyllis Stephenson and operated by Dean Goss. The illegal wells in question were plugged and abandoned at the end of January
2018.
In 2015 and 2016 Ground Water Commission staff worked with Donald Booker to address violations associated with some of his large capacity irrigation wells. Mr. Booker took appropriate
action to address some of the issues associated with those violations; however, as requested in a follow-up letter from Staff dated March 17, 2017, Mr. Booker has never provided the
additional information requested by staff to ensure compliance. Specifically, staff has requested meter readings and a map of the wells and piping system in the N1/2 of Section 1,
T13S, R63W detailing how wells were connected and used.
On September 28, 2017, Staff received additional complaints filed by Dean Goss against Donald Booker alleging that a pipeline had been installed to illegally commingle one of the irrigation
wells in question with another water source. On November 16, 2017, Staff sent Mr. Booker a letter once again requesting the information described in the earlier March 17th letter,
and we requested that Mr. Booker comment on the recent trench work that could be observed in aerial photography immediately around one of the irrigation wells in question. To date we
have not received an appropriate response. Staff will be inspecting the operation for the third time this spring. If we identify violations at that time, we will proceed with additional
enforcement action.
On January 12th, staff performed a field inspection of two ponds located on property owned by Terry Naber. The inspection revealed that one of the ponds is groundwater-sourced, having
been a result of recent excavations by Mr. Naber following county requirements to move vehicles in his salvage yard. Staff has determined that this pond will need to be backfilled
or Mr. Naber will need to a obtain a GWC approved replacement plan to address the evaporative losses. The other pond -- in the middle of the Hay Creek -- can be seen in aerials going
to back to the 1950’s and may not require any administrative/enforcement action. Staff will be sending a letter to Mr. Naber and his attorney in the coming weeks to address the matter.
KIOWA BIJOU
North Kiowa Bijou GWMD
Staff responded to complaints filed by Empire Dairy alleging that Darin Baessler was illegally using small capacity wells for watering sheep in a confined animal feeding operation. Staff’s
investigation revealed that there is an unregiste<red well being improperly used to supply the confinement. The well owner has submitted an application to permit the well as a small
capacity commercial use well, which Staff is evaluating. Empire Dairy submitted a letter objecting to issuance of a small capacity commercial use well, <to which Staff has responded.
UPPER CROW CREEK
Following receipt of a field report filed by the District 1 Water Commissioner, Staff sent a show cause letter to Konig Investments LLC to address potential unpermitted use of designated
groundwater. The field report identified the following:
Numerous underground pipelines were observed in Peters Reservoir, Peters Ditch, Yerby Draw and a pond located in the East ½ of Section 3 Township 10 North, Range 62 West of the 6th P.M.
It is assumed that this is a “tile drainage system” that collects subsurface water from the three ponds and originates at a point ~50 ft directly north of Gracik well permit no. 8740RFP,
WDID 0106728, UTM x: 559988, y: 4523905.
A 24 inch perforated sump casing was identified in Peters Reservoir, located at UTM x: 560130, y: 4523900. Two pipelines extend from the sump casing; one runs west to where the pipelines
surface, another continues to the northwest. The subsurface pipeline system is not currently connected to any irrigation system.
Jim Konig indicated (to the water commissioner) that Konig Investments, LLC plans to use the water from the drainage system to irrigate adjacent pasture land and possibly connect to
the Gracik Well (well permit 8740-RFP).
Staff’s show cause letter was mailed out on January 14th; we have not yet received a response. Staff will be verifying this operation in the spring. If we have not heard from Konig
Invesments LLC and a violation is identified, we will proceed with further action, possibly including Cease and Desist Orders.
Other
Staff proceeded with initiating the formal process of amending Rules 5.6 and 5.8 by filing a notice of rulemaking hearing with the Secretary of State on November 27, 2017, which was
published in the Colorado Register on December 10, 2017. A hearing before the Hearing Officer (Case no. 17GW05) is scheduled for June 18 through 22, 2018. <Fourteen parties submitted
requests for party status.
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 in
the process of drafting changes to its proposed amendments based on public input it received. Once that drafting is completed it will be distributed to the public and Staff will facilitate
additional opportunity for public input on the new version of its proposed amendments.
###

Staff Activity ReportPage 5
February 16, 2018
StaffReport2018Feb.pdf