DWR_3364080

• Board or Commission: Colorado Ground Water Commission
• Document Type - Board and Commission Meetings: Meeting Document
• Document Date: 2/21/2014
• Subject: MEETING MATERIALS

that in August, a trial between Nebraska and Kansas dealing with fines and penalties was concluded and that though our concerns were limited in this matter, a favorable decision for
Nebraska will help Colorado interests. Mr. Wolfe noted that the early draft appears favorable to Nebraska and that he expects the decision from that trial before the end of the day.
Mr. Wolfe updated the Commission on progress in the Rio Grande Basin. He mentioned that the advisory committee is fully engaged once again and that he and they are working on finalizing
the well use rules which will be submitted to the Court in April 2014. The delay in filing will give time to finalize the modeling and all the finer points of the replacement parameters
for the sub-districts being formed and submit one (1) packet. There were no questions of Mr. Wolfe regarding his report.<
He next gave a presentation on the response and efforts of the Division of Water Resources during and after the flooding of communities and streams north of Denver, tributary to and
along the South Platte River in September. Mr. Wolfe spoke to the volume of water, <comparing that to other floods of note. He also spoke of the efforts of staff and volunteers in
the inspection of the more than 250 dams in the area. Mr. Wolfe described changes in the stream channels, damage to stream flow measuring equipment and head gates and the great inter-agency
cooperation.
Mr. Wolfe welcomed Mr. Eklund, Director of the Colorado Water Conservation Board, to his first Ground Water Commission meeting. Mr. Eklund provided a short background of himself before
proceeding to give a presentation on the Colorado Water Plan (agenda item no. 7), a plan for the development and use of Colorado’s water resources. He noted that Colorado is one of
two western states that do not have a water plan. He informed the Commission that the plan is being developed after eight years of meetings with varied and interested parties. These
series of meetings, called round tables and which are held in each of the seven drainage basins, the Denver area and the North Platte include ranchers, farmers and local interests,
anybody with an interest in our water resources. Each round table provides two representatives to the Inter Basin Compact Committee which also has six appointed members. Mr. Eklund
noted that the IBCC published a statement saying that the status quo of providing municipal water through the buying of agricultural water and the drying of the land is not acceptable.

Mr. Eklund stated that the purpose of the water plan is to formulate alternatives to buy and dry by addressing the supply and demand gap. He noted that in 2030, that gap will be 500,000
acre-feet. Protection and preservation of our rivers, through watershed protection is a primary goal of the plan. The plan is also to address drought, which has been called the new
normal, by planning around the below average years or the worst case scenario. One result of the plan will be quicker regulatory processes of projects at the federal level.
He said that this strategic plan will be guided by the pole star of Colorado’s water values. These values, as developed by the round tables, are a viable and productive agriculture,
healthy watershed and environment, vibrant and sustainable cities and robust recreation.
Mr. Eklund concluded his remarks informing the Commission that the plan will be presented to the governor in December of 2014. He invited everybody to get involved and provide their
input. They can attend round table meetings or go to the website to submit their comments and ideas.<
In response to a question by Commissioner Valdez, Mr. Eklund said that $1.8 million dollars had been given for flood relief mitigation with Northern Conservancy District distributing
and that the remaining $750,000 in the statewide water fund for 2013 would be committed at the next meeting.
Chairman Huwa called for agenda item no. 6, Commissioners reports.
Commissioner Kramer informed the Commission on activities in the Northern High Plains. The results of the survey that was sent to the eight districts and the County Commissioners last
December were reviewed in February. The consensus was to move forward with the conversation on conservation. In July a steering committee was formed with one representative from the
Districts, one from Colorado Ag Preservation Association and one from the RRWCD. The steering committee met in August and formed the Northern High Plains Water Preservation Partnership.
This group, essentially the same as the steering committee, discussed the need for the Districts to work together, obtaining public support, the need for public education and a water
balance study as well as funding. Mr. Kramer also mentioned a meeting he and <Ms. Deb Daniel had with Kansas to look at their Lima project. He concluded his comments saying that the
RRWCD wants the local districts to take control of the conservation efforts and keep the RRWCD informed.
Chairman Huwa called for agenda item no. 7, see above under item no. 5, report of executive director.
Chairman Huwa called for agenda item no. 8, the staff activity report. <Mr. Keith Vander Horst reviewed his written report. He advised the Commission that except for those few conditional
municipal permits outside of the Denver Basin, the final permit process is the maintenance of the new conditional permits issued in the Southern High Plans, Camp Creek or Upper Crow
Creek basins. Mr. Vander Horst further advised the Commission that of the 280 over pumping reports in 2012, only 3, detailed on pages 3 & 4 of the report, are currently being pursued
through the AG’s office. He< explained the resolution of the Bill Cure over pumping concern in the Plains District. Mr. Cure has a well that is centered on the Colorado – Nebraska
state line. This well has a permit from Colorado for use in Colorado and Nebraska and a permit from Nebraska for use in Nebraska and Colorado. Interpretation of both permits would
mean no violation occurred. Mr. Vander Horst directed the Commissioners attention to a few new enforcement cases and noted that there will be an executive session to discuss the Gallegos
and Meridian cases. He concluded his comments by introducing Janelle Myot, a new Deputy Water Commissioner for the Republican Drainage to the Commission.
Commissioner Wolfe asked Mr. Kevin Rein, Deputy State Engineer, to update the Commission on the recent actions of the interim water resource review committee.
Mr. Rein informed the Commission that the committee had agreed to carry 5 bills forward. The bills deal with:
1)Small hydroelectric generation.
2)Flex use of water. Allows agricultural/irrigation water to be used with more flexibility by having the changed use volume and requirements pre-determined. Then one year the water
is used for municipal and the next the use reverts to irrigation. This will help prevent the permanent dry up mentioned by Mr. Eklund.
3)Funding of waste water treatment plants
4)Addresses the federal efforts to force lease holders of federal property to deed their water rights to the federal government.
5)Removes some antiquated statutes that will change the way the Division of Water Resources does business. Things like not delivering a hardcopy of annual water diversions to the governor.
Mr. Rein advised the Commission that the item of greatest interest to it, legislation to allow enforcement authority to the Ground Water Management Districts did not pass the committee.
Mr. Rein said that he would let Mr. Andy Jones answer any questions on that topic as he was the one who spearheaded the initiative.
Chairman Huwa called for agenda item no. 9, the Attorney General’s report. <Ms. Mele referred the Commission to her written report and reminded them of the executive session to discuss
the Gallegos and Meridian cases which are on appeal to District Court.
Chairman Huwa asked the Hearing Officer if he had anything to report, Mr. Jody Grantham reported that the only new activity of significance is the Front Range Resources replacement plan
in the Lost Creek District which looks like it will occupy a lot of his time. Commissioner Wolfe took a minute to advise the Commission that Mr. Grantham will also be busy with hearings
on requests for non-tributary status in northern Weld County. Not for produced water but for non-tributary determinations, much like what is done in the Denver Basin, in one case,
for up to 1million acre-feet of water.
Chairman Huwa 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 he had completed all of his chemigation inspections and was hopeful to perform
the static water levels in February. He also said that the harvest is almost complete.
Mr. Jack Dowell, reporting the W-Y GWMD, reported that he too had completed his chemigation inspections and that 7 of his 300 inspections failed to pass. He noted that the sugar beets
came in at 40 – 50 tons per acre but that the sugar content is down because it has been so warm. Mr. Dowell also stated that, similar to Nate Midcap’s districts, the corn has not all
dried down,.
Mr. Rod Mason, reporting for the Arikaree GWMD, reported that he has been busy with the third party administration of the 44 wells that over pumped in 2012. Only one over-pumped this
year. Most of the irrigators turned their wells off right at zero or with 1 acre-foot remaining. He noted that it is getting dry even though they received 6 inches of snow in one storm.
Mr. Mason advised the Commission that the harvest was winding down with some good corn yields, 250 bushels, and the winter wheat looks good. He concluded his comments noting that
he had completed his chemigation inspections with 12 failures out of 170 system tests.<
Ms. BreAnn Ferguson, reporting for the Plains and East Cheyenne GWMD’s, informed the Commission that the harvest is complete as is her chemigation inspection. There was a 10% failure
on these inspections. Ms. Ferguson is also anxious to begin the static water level measuring.
There was no report for the Southern High Plains GWMD
Mr. Robert Loose reporting for the North Kiowa Bijou GWMD, reported that his district had received good fall moisture and was not affected by the September rains or flooding. He also
pointed out to the Commission that 40% of the new small capacity permits are in the Kiowa-Bijou Basin. He commented that it is a constant challenge to educate the urban homeowner that
water is a finite resource and that they cannot have ponds and fish.<
Ms. Tracy Doran, reporting for the Upper Black Squirrel GWMD, reported that the board has adopted their budget and have been discussing the costs of the new election rules that require
an all mail in ballot. She noted that the district has 18,000 eligible voters meaning it could be an expensive election. Ms. Doran closed her report noting that irrigation was complete
for the season.<
Ms. Tracy Doran reporting for the Upper Big Sandy GWMD, reported that irrigation has stopped and that all of the crops are in and that the budget has been adopted.
Mr. John Cordiss, reporting for the Lost Creek GWMD, reported that September rains were beneficial to his district. They received from 5 to 5-1/2 inches which allowed irrigators to
turn off their wells and that the Henry Lynn Irrigation District was able to fill one reservoir to 80%. He reported that there was some localized flooding but nothing serious. Additionally,
he reported that the board did adopt new small capacity rules for bedrock aquifers that, among other things, require a 300 year aquifer life. They continue to work on large capacity
bedrock rules. Mr. <Cordiss also spoke to the replacement plan published by Front Range Resources saying that he does not understand it and expects it to be under discussion for a few
years. He asked Mr. Andy Jones to address the Commission regarding the legislation they are proposing.
Mr. Andy Jones addressed the Commission. He reminded the Commission that the legislation being spoken of is to give the districts enforcement authority, allow them to assess and collect
fines and penalties for violation of their rules. He mentioned that Lost Creek led the way, writing the proposed legislation and giving two presentations before the committee. Mr.
Jones noted that the proposal was declined committee support by a vote of 6 in favor and 4 against, support would have occurred with 7 votes in favor. He noted that there was no opposition
until the week before the vote when the Farm Bureau objected. Mr. Jones said that the objection was on the grounds that local boards should not have the authority to fine violators
because they may be biased and abuse the authority. He said that the District has found a potential sponsor to proceed with presenting the bill to the Assembly. Mr. Jones asked that
if people had concerns or comments to contact him or their legislators. In response to a question of Commissioner Burr, Mr. Jones stated that the potential sponsor of the bill does
not represent the management districts.<
Mr. Scott Tietmeyer, reporting for Upper Crow Creek Basin, reported that the wheat was planted 3 weeks late because of the September rains. He noted that Crow Creek ran within 4 inches
of the bank tops for 50 days.
Ms. Deb Daniel, reporting for the Republican River Water Conservation District, acknowledged Commissioner Eklund and his efforts on the Colorado Water Plan. She also acknowledged Commissioner
Wolfe for his attention at the Republican Administration meeting during the fall flooding and his testimony at the arbitration hearing for the pipeline and Bonny Reservoir. Ms. Daniel
also spoke to the report of Commissioner Kramer and the Northern High Plains Water Preservation Partnership, noting that her primary duties with the partnership will be to coordinate
meetings and distributing information. It is the districts that are the core of the partnership.
Chairman Huwa called for agenda item no. 11, old business. Mr. Keith Vander Horst <addressed the Commission. He reminded them of the motivation behind the suggestion to amend the rule
on emergency change of use of permits originally presented at the August meeting. Mr. Vander Horst spoke the situation that the Town of Vona found itself in after having over-pumped
their town well last year. He also mentioned the numerous inquiries into the possibility of short term changes in use for construction, road construction, oil and gas development and
other uses. Mr. Vander Horst reminded the Commission that at the August meeting he was directed to proceed to gather information and input on the matter.
Mr. Vander Horst advised the Commission of the responses of four Districts to his e-mail asking for comments. He then asked if any districts present had any further comments. Ms. Leila
Behnampour, representing Marks Butte, Frenchman, Sandhills, Central Yuma, Plains and East Cheyenne Districts approached the Commission. She said that what has been presented is fairly
vague. She suggested that she would be willing to work with staff on the language for presentation at the next Commission meeting. There were no other comments.
Commissioner Burr noticed that the districts’ concerns cause her to question if it is worth pursuing. Commissioner Wolfe agreed with her and noted that staff has no position on the
matter.
Commissioner Burr asked Mr. Vander Horst if the Town of Vona solution was temporary or permanent. Mr. Vander Horst explained the short term solution wherein the town removed the pump
from the good producing well and placed it into a poorer producing well that had appropriation. He noted that the town also connected into a pipeline belonging to the town of Seibert,
a more permanent solution.
Commissioner Kramer stated that he would like to see the process move forward if staff could provide a better outline of the changes. He would not want to expend too much time on it.
Commissioner Burr moved to table the proposed rule change.
Commissioner Schubert seconded the motion which passed unanimously.
Chairman Huwa called for agenda item no. 12, new business.
Chairman Huwa went over the proposed dates for the 2014 Commission meetings as previously discussed by Commissioner Wolfe. There being no scheduling conflicts the dates of February
21st, May 16, August 15th and November 21 were established as the 2014 meeting dates.
Chairman Huwa called for agenda item no. 13, public comment, Mr. Roy Smith from W-Y District addressed the Commission. He asked if the flood flows of 40,000 acre-feet per day crossing
into Nebraska did anything for the Republican River compact requirements. Commissioner Wolfe responded that the South Platte flows into Nebraska under a separate compact and in a different
drainage basin than the Republican.
Chairman Huwa called for agenda item no. 14, executive session.
Commissioner Valdez moved to enter into executive session.
Commissioner Kramer seconded the motion which passed unanimously.
Mr. Pat Kowaleski , legal counsel for the Commission explained that the purpose of the executive session was to discuss the Commission’s position with regards to the Gallegos and Meridian
cases with discussion limited to questions of designation of record and record review
There being no further business before the Commission, the meeting was adjourned.
Respectfully submitted,
Richard A Nielsen, P.E., Secretary
Colorado Ground Water Commission
Ground Water Commission Meeting MinutesPage 7
November 15, 2013
Minutes_11-2013_draft.pdfMINUTES
MINUTES FOURTH QUARTERLY MEETING COLORADO GROUND WATER COMMISSION NOVEMBER 15, 2013 The fourth Quarterly Meeting of the Colorado Ground Water Commission took place on November
15, 2013, at Castle Rock Town Hall, 100 N Wilcox, Castle Rock, Colorado. Chairman Cory Huwa 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 Grant Bledsoe, Carolyn Burr, Corey Huwa, Steve Kramer, George Schubert, Virgil Valdez, Dick Wolfe and James Eklund. Staff
members present were Kevin Rein, Keith Vander Horst, Richard Nielsen, Chris Grimes, Jay Bloomfield, Justina Mickelson, Janelle Myot and David Keeler. Also present were Jody Grantham,
Hearing Officer, Pat Kowaleski, A.G. for the Commission and Jennifer Mele, A.G. for staff. Members of the public were also present. Chairman Huwa called for agenda item no. 2, biennial
election of chair and vice-chair. Commissioner Burr nominated Commissioner Huwa for chairman. Commissioner Valdez seconded the motion. Commissioner Bledsoe moved to close nominations
and that Commissioner Huwa be elected chairman by acclamation. Commissioner Schubert seconded the motion which passed unanimously with Commissioner Huwa abstaining. Commissioner Valdez
nominated Commissioner Bledsoe for vice-chairman. Commissioner Burr seconded the motion. Commissioner Schubert moved to close nominations and that Commissioner Bledsoe be elected vice-chairman
by acclamation. Commissioner Kramer seconded the motion which passed unanimously with Commissioner Bledsoe abstaining. Chairman Huwa called for agenda item no. 2, Review and Approval
of Agenda Items, the agenda was approved as presented. Chairman Huwa took a few minutes to introduce Mr. Mark Marlowe, Director of Utilities for the Town of Castle Rock. Chairman
Huwa called for agenda item no. 4, Approval of Minutes for Meeting of August 16, 2013, Chairman Huwa asked if there were any corrections or additions to the minutes. There being none,
Ground Water Commission Meeting Minutes Page 2 November 15, 2013 Commissioner Valdez moved to approve the minutes as presented. Commissioner Kramer seconded the motion which passed
unanimously. Report of the Executive Director by Dick Wolfe Before beginning his report, Mr. Wolfe discussed a few items of general business. He brought to the attention of the
Commissioners a brochure in their folders that described a free on-line course from Colorado State University on water matters. Mr. Wolfe next addressed the matter of Commissioner
terms. He noted that the appointments of Commissioners Bledsoe, Huwa and Mikita have expired and that those terms of Commissioners Burr and Valdez expire in May of 2014. Mr. Wolfe
did note that Commissioner Valdez could, if he desired, be reappointed. Mr. Wolfe drew the attention of the commissioners to another flier in the folders being a notice to be published
in all local newspapers within the Designated Basins advising the general public of the vacancies. He did ask that if they had any comments to bring them to the attention of Mr. Rick
Nielsen. Mr. Wolfe briefly discussed the proposed meeting dates for 2014, noting that the August meeting could be out of town if the Commission wanted. Mr. Wolfe opened his report
advising the Commission that he had been busy with five dispute resolution hearings on the Republican. He mentioned that two of three for Nebraska have been heard and the third will
be heard later this year. Mr. Wolfe also mentioned that the two for Colorado (compliance pipeline and Bonny Reservoir) have been presented to the arbitrator and a decision is expected
by the end of November. Mr. Wolfe cautioned that the arbiter’s decision is non-binding and can be appealed to the U.S. Supreme Court. He reminded the Commission that in August, a
trial between Nebraska and Kansas dealing with fines and penalties was concluded and that though our concerns were limited in this matter, a favorable decision for Nebraska will help
Colorado interests. Mr. Wolfe noted that the early draft appears favorable to Nebraska and that he expects the decision from that trial before the end of the day. Mr. Wolfe updated
the Commission on progress in the Rio Grande Basin. He mentioned that the advisory committee is fully engaged once again and that he and they are working on finalizing the well use
rules which will be submitted to the Court in April 2014. The delay in filing will give time to finalize the modeling and all the finer points of the replacement parameters for the
sub-districts being formed and submit one (1) packet. There were no questions of Mr. Wolfe regarding his report. He next gave a presentation on the response and efforts of the Division
of Water Resources during and after the flooding of communities and streams north of Denver, tributary to and along the South Platte River in September. Mr. Wolfe spoke to the volume
of water, comparing that to other floods of note. He also spoke of the efforts of staff and volunteers in the inspection of the more than 250 dams in the area. Mr. Wolfe described
changes in the stream channels, damage to stream flow measuring equipment and head gates and the great inter-agency cooperation. Ground Water Commission Meeting Minutes Page 3 November
15, 2013 Mr. Wolfe welcomed Mr. Eklund, Director of the Colorado Water Conservation Board, to his first Ground Water Commission meeting. Mr. Eklund provided a short background of himself
before proceeding to give a presentation on the Colorado Water Plan (agenda item no. 7), a plan for the development and use of Colorado’s water resources. He noted that Colorado is
one of two western states that do not have a water plan. He informed the Commission that the plan is being developed after eight years of meetings with varied and interested parties.
These series of meetings, called round tables and which are held in each of the seven drainage basins, the Denver area and the North Platte include ranchers, farmers and local interests,
anybody with an interest in our water resources. Each round table provides two representatives to the Inter Basin Compact Committee which also has six appointed members. Mr. Eklund
noted that the IBCC published a statement saying that the status quo of providing municipal water through the buying of agricultural water and the drying of the land is not acceptable.
Mr. Eklund stated that the purpose of the water plan is to formulate alternatives to buy and dry by addressing the supply and demand gap. He noted that in 2030, that gap will be
500,000 acre-feet. Protection and preservation of our rivers, through watershed protection is a primary goal of the plan. The plan is also to address drought, which has been called
the new normal, by planning around the below average years or the worst case scenario. One result of the plan will be quicker regulatory processes of projects at the federal level.
He said that this strategic plan will be guided by the pole star of Colorado’s water values. These values, as developed by the round tables, are a viable and productive agriculture,
healthy watershed and environment, vibrant and sustainable cities and robust recreation. Mr. Eklund concluded his remarks informing the Commission that the plan will be presented to
the governor in December of 2014. He invited everybody to get involved and provide their input. They can attend round table meetings or go to the website to submit their comments
and ideas. In response to a question by Commissioner Valdez, Mr. Eklund said that $1.8 million dollars had been given for flood relief mitigation with Northern Conservancy District
distributing and that the remaining $750,000 in the statewide water fund for 2013 would be committed at the next meeting. Chairman Huwa called for agenda item no. 6, Commissioners
reports. Commissioner Kramer informed the Commission on activities in the Northern High Plains. The results of the survey that was sent to the eight districts and the County Commissioners
last December were reviewed in February. The consensus was to move forward with the conversation on conservation. In July a steering committee was formed with one representative from
the Districts, one from Colorado Ag Preservation Association and one from the RRWCD. The steering committee met in August and formed the Northern High Plains Water Preservation Partnership.
This group, essentially the same as the steering committee, discussed the need for the Districts to work together, obtaining public support, the need for public education and a water
balance study as well as funding. Mr. Kramer also mentioned a meeting he and Ms. Deb Daniel had with Kansas to look at their Lima project. He concluded his comments saying that the
RRWCD wants the local districts to take control of the conservation efforts and keep the RRWCD informed. Ground Water Commission Meeting Minutes Page 4 November 15, 2013 Chairman Huwa
called for agenda item no. 7, see above under item no. 5, report of executive director. Chairman Huwa called for agenda item no. 8, the staff activity report. Mr. Keith Vander Horst
reviewed his written report. He advised the Commission that except for those few conditional municipal permits outside of the Denver Basin, the final permit process is the maintenance
of the new conditional permits issued in the Southern High Plans, Camp Creek or Upper Crow Creek basins. Mr. Vander Horst further advised the Commission that of the 280 over pumping
reports in 2012, only 3, detailed on pages 3 & 4 of the report, are currently being pursued through the AG’s office. He explained the resolution of the Bill Cure over pumping concern
in the Plains District. Mr. Cure has a well that is centered on the Colorado – Nebraska state line. This well has a permit from Colorado for use in Colorado and Nebraska and a permit
from Nebraska for use in Nebraska and Colorado. Interpretation of both permits would mean no violation occurred. Mr. Vander Horst directed the Commissioners attention to a few new
enforcement cases and noted that there will be an executive session to discuss the Gallegos and Meridian cases. He concluded his comments by introducing Janelle Myot, a new Deputy
Water Commissioner for the Republican Drainage to the Commission. Commissioner Wolfe asked Mr. Kevin Rein, Deputy State Engineer, to update the Commission on the recent actions of
the interim water resource review committee. Mr. Rein informed the Commission that the committee had agreed to carry 5 bills forward. The bills deal with: 1) Small hydroelectric
generation. 2) Flex use of water. Allows agricultural/irrigation water to be used with more flexibility by having the changed use volume and requirements pre-determined. Then one