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

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 Ground Water Commission Meeting Minutes Page 5 November 15, 2013 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 KiowaBijou 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 Ground Water Commission Meeting
Minutes Page 6 November 15, 2013 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. Ground Water
Commission Meeting Minutes Page 7 November 15, 2013 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
PacketMemo2014Feb.docx
</w:t></w:r><w:r><w:rPr><w:rFonts w:ascii="STATE OF COLORADO
GROUND WATER COMMISSION
Division of Water Resources
Department of Natural Resources
1313 Sherman Street, Room 818
Denver, Colorado 80203
Phone [phone] </w:t></w:r></w:p><w:p w:rsidR="00707
FAX [phone]
John W. Hickenlooper
Governor
Mike King
Executive Director, DNR
Dick Wolfe, P.E.
Executive Director
February 11, 2014
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 10:00 a.m. on Friday, February 21, 2014, in Room 318, 1313 Sherman St., Denver, Colorado 80203. Please find enclosed herein
the following:
Meeting agenda
Minutes of the last Commission meeting, Agenda Item No. 4
Request for an exception by State Board of Land Commissioners, and Staff’s comments, Agenda Item 7
Staff Activity Report, Agenda Item No. 10
Attorney General’s Report, Agenda Item No. 11
AG’s memo on scope of de novo review of Commission decisions, Agenda Item 13.a
Hearing Officer's Report
Please contact myself or Rick Nielsen if there are any questions about the Commission meeting.
cc:Commission Staff
Designated Ground Water Management Districts

Memorandum
Upcoming Commission Meeting
Page 2
Memorandum
Upcoming Commission Meeting
Page 2
COREY M. HUWA, Chairman, Roggen; STEVE KRAMER, Bethune; GREG LARSON, Haxtun, VIRGIL VALDEZ, Alamosa;
C. MAX SMITH, Walsh; CAROLYN F. BURR, Denver; LARRY W. CLEVER, Grand Junction; SCOTT TIETMEYER, Grover; GEORGE H. SCHUBERT, Calhan
FRED A. HEFLEY, CHAIRMAN, Walsh; JON B. BROWNELL, VICE-CHAIRMAN, Hooper; EUGENE A. BAUERLE, Julesburg; ANNE J. CASTLE, Denver; DENNIS W. CORYELL, Burlington;
MICHAEL GROSS, Silt; RICHARD F. HUWA, Keenesburg; F. W. (BILL) KERKSIEK, Strasburg; ERNEST L. MIKITA, Calhan
PacketMemo2014Feb.pdf

QRTSTAT-2014Feb.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
LARGE CAPACITY PERMITS
CHANGE OF WATER RIGHT
LARGE CAPACITY PERMITS,
LARGE CAPACITY PERMITS (NEW & REPLACEMENT)
(INCLUES DETERMINATIONS OF WATER RIGHT)
NOVEMBER 1, 2013 THROUGH JANUARY 31, 2014
105.00
107.00
111.00
111.00
27.00
18.00
6.00
7.00
3.00
1.00
6.00
0.00
9.00
2.00
20.00
12.00
1.00
13.00
15.00
0.00
3.00
3.00
0.00
4.00
3.00
2.00
1.00
1.00
8.00
5.00
1.00
6.00
1.00
1.00
7.00
3.00
2.00
2.00
6.00
0.00
0.00
0.00
14.00
0.00
3.00
26.00
1.00
3.00
1.00
0.00
2.00
1.00
1.00
0.00
0.00
0.00
0.00
1.00
0.00
0.00
0.00
0.00
0.00
0.00
12.00
11.00
1.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
5.00
4.00
0.00
10.00
5.00
3.00
0.00
0.00
0.00
0.00
77.00
76.00
12.00
37.00
38.00
9.00
12.00
10.00
25.00
7.00
77.00
88.00
28.00
63.00
1.00
9.00
49.00
48.00
11.00
21.00
3.00
9.00
25.00
7.00
13.00
15.00
0.00

StaffReport2014Feb.doc

STATE OF COLORADO
GROUND WATER COMMISSION
Division of Water Resources
Department of Natural Resources

1313 Sherman Street, Room 821
Denver, Colorado 80203
Phone [phone]
FAX [phone]
http://water.state.co.us John W. Hickenlooper
Governor

Mike King
Executive Director, DNR

Dick Wolfe, P.E.
Executive Director