DWR_3364082

• Board or Commission: Colorado Ground Water Commission
• Document Type - Board and Commission Meetings: Meeting Document
• Document Date: 5/15/2015
• Subject: MEETING MATERIALS

measures. The studies will investigate sustainability of the Ogallala Aquifer and the impact various conservation measures will have on the local economy.
Commissioner Larson noted that the Republican River Water Conservation District supports adjusting the boundaries of the District to include the 340 wells not currently within the boundaries
but is not doing so at this time.
Commissioner Tietmeyer noted that the development of the oil and gas industry in the area has raised the price of water and with that the land values and taxes. There has been some
talk among the farmers to set the price of water at $3,000 an acre-foot. He also spoke to the duty of water in the Rules. He suggested that a much more practical and realistic volume
of water permitted for irrigation would be 16 inches per acre instead of the current 30 inches.
Commissioner Burr brought the Commission up to date on the legislation regarding De Novo hearings. Miss Burr noted that the bill died in the Senate Judiciary committee and encouraged
the Commission to re-visit the legislation next year because of the impact it has on the Commission.
Chairwoman Burr called for agenda item no. 6, a legislative update.
Mr. Kevin Rein provided the Commission and those present a status report on ten (10) active pieces of legislation covering water. The legislative topics covered included HB-1016 on
precipitation harvesting, HB-1013 on dewatering projects on the South Platte, HB-1038 on flexible water markets, HB-1167 to study possible reservoir sites in the South Platte Basin,
HB-1178 on lowering local water tables as the State Engineer decides necessary, SB-084 on quantifying historic consumptive use, irrigation of commercial crops, SB-055 on administration
of tailwater ditches, HB-1166 on developing a monitoring well network on the South Platte, SB-010 on augmentation requirements for wells producing from the Dawson aquifer. Mr. Rein
also mentioned that legislation may be introduced regarding stormwater management.
Chairwoman Burr called for agenda item no. 7, the staff activity report.
Mr. Keith Vander Horst went over his written report. He noted that there are two (2) new hearings Magnum Feedyards and AG Alliance. Mr. Vander Horst also noted the Gallegos and Meridian
issues are on appeal. He advised the Commission that enforcement actions for over-pumping have been initiated on four (4) irrigators in the Plains District and one (1) irrigator in
the W-Y and Lost Creek Districts. There was also an enforcement action initiated in the Upper Black Squirrel District where there was a domestic well being used in a trailer park.
Mr. Vander Horst concluded his report advising the Commission of staffing changes on the team. Mr. Jay Bloomfield has moved to Team 1, the South Platte Basin, with Miss Debbie Gonzales
being selected to fill his position and that Miss Shannon Johnson had been selected to fill the vacancy created when Miss. Sandy Johnson changed teams as reported at the last meeting.
In response to a question of Commissioner Larson, Mr. Vander Horst stated that there would be no punishment above 1:1 payback for those wells that over pumped for the second time.
Chairwoman Burr called for agenda item no. 8, the Attorney General’s report.
Ms. Jen Mele noted a new question had been added to the Cherokee Water Replacement plan case that has been around since 2008. Specifically, can waste water be used as replacement water?
On the Meridian case concerning underdrains Ms. Mele informed the Commission that the trial had been held in late January. <Ms. Mele further advised the Commission that the Upper Black
Squirrel Creek GWMD had requested administration of the Meridian and Woodmen Hills drains. She stated a stipulation had been signed in Front Range Resources application for a replacement
plan, which would be discussed further under new business.
Chairwoman Burr called for agenda item no. 9, Management District Reports
Mr. Nate Midcap, reporting for the Marks Butte, Frenchman, Sandhills and Central Yuma GWMD’s, reported that they had not had any snow since the beginning of the season and that what
they had received was hanging around because of the low temperatures. He said that he was about three-fourths of the way though his water level ,measuring. Mr. Midcap closed his comments
by informing the Commission that his Districts intend to object to amending the Republican River Rules.
Mr. Jack Dowell, reporting for the W-Y GWMD, reported that his district also needs moisture. He said that the corn did not dry down naturally but that the sugar beets were good. Mr.
Dowel advised the Commission that static water levels in his district dropped an average of 6.17 feet in 41 wells, remaind the same in seven wells and increased 6.58 feet in 31wells.
Mr. Rod Mason, reporting for the Arikaree GWMD, reported that things are dry and that some snow would be welcome. He also said that he is measuring the water levels in his district.
Mr. Steve Kramer reporting for the Plains and East Cheyenne GWMD’s, reported on the need for moisture. He also said that the farmers are hoping that the wheat crop was not damaged by
the weather extremes earlier in the year.
Mr. Kramer ended his remarks noting that the District had hired a new manager, Mr. Carey Barnes, to see to the daily District operations.
Mr. Max Smith, reporting for the Southern High Plains GWMD, reported that they had had more moisture this year, in the form of rain, then in the past few. He said that he could use
some help looking for his replacement.
Mr. Robert Loose, reporting for the North Kiowa Bijou GWMD, reported that the basin is doing well with four or five feet of sub moisture. Drawing the Commissions attention to the staff
activity report Mr. Loose called their attention to the high numbers of applications and permits being issued that area within the Kiowa-Bijou District. They have all the new residential
wells but no one and no money to administer the small capacity wells.
Ms. Lisa Thompson, reporting for the Upper Black Squirrel GWMD, reported that the District Board was concerned about enforcement matters. She said that they are concerned about the
enforcement of underdrains of Meridian and Woodman Hills and their permitting together with the associated replacement plans. Ms. Thompson also expressed concerns of the Board about
the expansion of use on wells and the Cherokee is leasing and trading waters against permit conditions of approval. Ms. Thompson concluded her remarks noting that Don Booker was the
new board president.<
Mr. David Tausig reporting for the Upper Big Sandy GWMD, reported that water issues used to not be political but they have become that way because of term limits. He informed the Commission
that he had made comments on the water plan and encouraged them to do so.
Mr. Thomas Sauter, reporting for the Lost Creek GWMD, reported that the district is getting ready for the Front Range Resources hearing on their replacement plan. He also mentioned
that the plows were running and that the wheat looks good.
Mr. Scott Tietmeyer, reporting for Upper Crow Creek Basin, reported that Crow Creek has been flowing for 100 days now. He said that though the sub irrigation was returning there had
been no effect on the wells. Mr. Tietmeyer noted that the wheat was recovering nicely from the fall freeze. He also reported that fourteen wells were delivering 30,000 barrels of
water, at ten cents a gallon, with projections of going to 60,000 barrels from the Laramie Fox-hills aquifer. Residents are concerned about possible effects on the White River aquifer.
Ms. Deb Daniel, reporting for the Republican River Water Conservation District, reported that the pipeline was in operation and would remain running until March and then resume in November.
She said that in 2014 the District had pumped 7,400 acre-feet through the pipeline. Ms. Daniel said that all players in the Water Preservation Partnership remain at the table and
are discussing conservation measures. She expressed concern over the water table level in the Plains District. Ms. Daniel noted that the District was working with the owners of surface
water rights to reach a mutually beneficial operational agreement. She concluded her comments noting that she is hearing an increase in the attitude of use it or lose, saying that
farmers are using all they are permitted.
Chairwoman Burr called for agenda item no. 10, old business. There was none.<
Chairwoman Burr called for agenda item no. 11, new business.
a.A petition by Raymond, Steve and Gary Beedy for relief from enforcement letters filed by staff.
Mr. Dave Tausig, representing the Beedy’s, addressed the Commission. He summarized the issue as the Beedys’ owning two wells issued for irrigation and commercial purposes with the commercial
always intending to mean selling the water. Staff investigated a recent complaint about the selling of the water and found it to outside the permit limits thereby issuing a cease and
desist order. Mr. Tausig said that the order is costing his clients $6,000 per well. Further, he said that the County Commissioners supported the endeavors of the Beedy’s. Mr. Tausig
asked the Commission to determine that when the permits were applied for there was a wider description of commercial which has changed. He said that commerce is the buying and selling
of goods and that water was a good.
Mr. Keith Vander Horst said that there is a basic difference of opinion between staff and the applicant and asked that the Commission refer the matter to the Hearing Officer.
Chairwoman Burr summarized the issue, explaining what action the Commission was being asked to take. There was some discussion between the Commissioners.
Commissioner Schubert said that he supported the Beedy’s because he went through a similar experience. He noted that a farmer’s livelihood is his water and that he does not like the
wording of commercial.
Commissioner Tietmeyer stated that agriculture is only allowed to sell consumptive use water. He then moved to refer the matter to the Hearing Officer. Commissioner Smith seconded
the motion which passed unanimously.
b.Application of Front Range Resources for a replacement plan, case no. 13-GW-07.
Mr. John Buchanan, representing Front Range Resources addressed the Commission. He provided the Commission with a brief history of the matter, noting that the application was originally
filed in 2008, published in 2013, that the Hearing Officer had granted a motion disallowing certain replacement sources and his clients’ rebuttal expert witness report. Mr. Buchanan
said that the proposal before the Commission came about after extensive discussion between all parties and is the equivalent of a stipulation. He requested that they approve the Hearing
Officers order dismissing the plan so that it can go directly to court and save many thousands of dollars for all parties.
Chairwoman Burr explained the effects of a De Novo review on this matter to the Commission. She said that though she is generally opposed to this type of thing, she thinks that they
should approve the request and allow it to proceed directly to the courts.
Commissioner Arnusch asked if this had happened in the past and was told it had not.
Commissioner Sullivan said that this action would allow the parties to skip a couple of weeks at trial for what all parties agree will go to court anyway. He said that a lot of money
had already been spent and that this action will save all parties considerable sums.
Commissioner Smith moved to affirm the Hearing Officers decision.
Commissioner Schubert seconded the motion which passed with one nay.
Chairwoman Burr called for agenda item no. 12, public comment.
Mr. Andy McClary, attorney for North Kiowa-Bijou GWMD, addressed the Commission. He expressed the District’s concern over the handling of the Rocky Mountain Roosters violations along
Kiowa Creek. He asked for regular updates on the enforcement action requesting that staff move more forcefully.
Mr. Keith Vander Horst informed the Commission that he has been in contact with Rocky Mountain Roosters and that they had submitted an application which he has returned to them. Mr.
Vander Horst indicated that staff was handling this matter following guidelines approved by the Commission on working with the user’s. Mr. Vander Horst closed his comments stating
that if the application was not resubmitted by Tuesday he would contact the applicant.
Mr. Robert Longenbaugh approached the Commission. He reminded the Commission of his activities in the South Platte Round Table. He noted that the process is in high gear and that they
should contribute comments to the work product and encourage other users (farmers and towns) to do so. Mr. Longenbaugh mentioned three proposals already in the plan: use of Kiowa-Bijou
Basin as a storage reservoir, importing water from the Missouri River and cloud seeding, noting that last two ideas were also proposed in the 1970’s.
Mr. Dennis Coryell approached the Commission. He said that the Commission should consider asking the Governor to reconsider term limits on its members. He also cautioned the State
Engineer and staff to be very careful when amending the Republican River Well Measurement Rules noting that creating differences between Districts can be make it hard when the East
Cheyenne and Plains Districts share a manager.
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
February 20, 2015
Minutes_2015-2-20_Draft.pdfMINUTES
MINUTES FIRST QUARTERLY MEETING COLORADO GROUND WATER COMMISSION FEBRUARY 20, 2015 The first Quarterly Meeting of the Colorado Ground Water Commission took place on February 20,
2015, at the Centennial Building, 1313 Sherman St, Room 318, Denver, 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 Marc Arnusch, Steve Kramer, Greg Larson, George Schubert, Max Smith, Scott Tietmeyer, Virgil Valdez, Bob Randall
on behalf of Mike King, Mike Sullivan on behalf of Dick Wolfe and Suzanne Sellers on behalf of James Eklund. Staff members present were Kevin Rein, Keith Vander Horst, Richard Nielsen,
Chris Grimes, Jay Bloomfield, Debra Gonzales, Justina Mickelson, Shannon Johnson and David Keeler, Matt Sares and Ralf Topper. 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. Review and Approval of Agenda Items, the agenda was approved as presented.
Approval of Minutes for Meeting of November 21, 2014, Chairwoman Burr asked if there were any corrections or additions to the minutes. Commissioner Smith noted that he was not identified
as being present. Commissioner Kramer moved to approve the minutes as amended. Commissioner Schubert seconded the motion which carried unanimously. Report of the Executive Director
by Mike Sullivan for Dick Wolfe Mr. Sullivan opened his remarks with comments about the proposal to amend the Republican River Measurement Rules. He reminded the Commission that the
Rules were being amended to include approximately 340 wells located in the southern portion of the Basin that though used in the depletion model are not currently included in the Rules.
There has been some opposition from some well owners. The East Cheyenne Ground Water Management District has proposed adopting the same rules or more stringent rules than the existing
measurement rules allowing the District to be the measurement administrator for those wells. Staff continues to work towards an agreement with all parties. Mr. Sullivan next spoke
to the rulemaking in the Rio Grande Basin. He advised the Commission that there was one more meeting scheduled to discuss changes to rules 8 & 10 (sustainability and augmentation).
Mr. Sullivan stated it had been a bit more complex than anticipated because each sub-district has responsive functions to develop. Ground Water Commission Meeting Minutes Page 2 February
20, 2015 Returning to the Republican River, Mr. Sullivan addressed the compact administration concerns. He noted that Colorado will meet with Kansas and Nebraska next month to continue
discussions about the permanent operation of the Colorado Compliance Pipeline. Mr. Sullivan also noted that Kansas and Nebraska continue to negotiate over the Harlan County Lake accounting
and that Colorado and Kansas continue to negotiate matters relative to the South Fork. He also mentioned that the Yuma County Water Authority and the Republican River Water Conservation
District have filed, in Water Court, to have acquired surface water rights changed to augmentation and compact compliance. The Division of Water Resources and Colorado Parks and Wildlife
have filed objections in the case. As a follow-up to questions raised at the November meeting regarding Crow Creek, Mr. Sullivan informed the Commission that due to concerns over declining
water levels the State of Wyoming had placed a moratorium on new wells in the Ogallala back in 2012. Further, he stated that the State of Wyoming had given Wyoming users until April
2015 to develop a management plan or the Wyoming will act through orders or other mechanisms. In closing, Mr. Sullivan reminded the Commission that the terms of Commissioners Schubert
and Smith will expire in May. He urged them to locate and encourage persons interested in being on the Commission to apply. He said the Rick Nielsen could help them through the online
process. Commissioner Valdez asked Mr. Sullivan if the delay in implementing the rules was because the Closed Basin water was being used as replacement water. Mr. Sullivan said that
the reason for the length of time is because of developing response functions from the model. Chairwoman Burr called for agenda item no. 5, Commissioners’ reports. Commissioner Sellers
informed the Commission that the draft water plan now had a larger ground water section. She encouraged all users to comment on the plan. She reminded the Commission that the Forest
Service who administers the Pawnee National Grasslands in Upper Crow Creek Designated Basin and the Comanche National Grasslands in the Southern High Plains Designated Basin has come
up with a directive on ground water and the governor had sent a letter expressing concerns to the Forest Service on their plan. Ms. Sellers advised the Commission that representatives
from the Division of Water Resources and the Colorado Conservation Board would be meeting with the Forest Service next week. Commissioner Kramer advised the Commission that the Colorado
Water Conservation Board and the South Platte River forum have provided funding for the review of various water conservation measures. The studies will investigate sustainability of
the Ogallala Aquifer and the impact various conservation measures will have on the local economy. Commissioner Larson noted that the Republican River Water Conservation District supports
adjusting the boundaries of the District to include the 340 wells not currently within the boundaries but is not doing so at this time. Commissioner Tietmeyer noted that the development
of the oil and gas industry in the area has raised the price of water and with that the land values and taxes. There has been some talk Ground Water Commission Meeting Minutes Page
3 February 20, 2015 among the farmers to set the price of water at $3,000 an acre-foot. He also spoke to the duty of water in the Rules. He suggested that a much more practical
and realistic volume of water permitted for irrigation would be 16 inches per acre instead of the current 30 inches. Commissioner Burr brought the Commission up to date on the legislation
regarding De Novo hearings. Miss Burr noted that the bill died in the Senate Judiciary committee and encouraged the Commission to re-visit the legislation next year because of the
impact it has on the Commission. Chairwoman Burr called for agenda item no. 6, a legislative update. Mr. Kevin Rein provided the Commission and those present a status report on ten
(10) active pieces of legislation covering water. The legislative topics covered included HB-1016 on precipitation harvesting, HB-1013 on dewatering projects on the South Platte, HB-1038
on flexible water markets, HB-1167 to study possible reservoir sites in the South Platte Basin, HB1178 on lowering local water tables as the State Engineer decides necessary, SB-084
on quantifying historic consumptive use, irrigation of commercial crops, SB-055 on administration of tailwater ditches, HB-1166 on developing a monitoring well network on the South
Platte, SB010 on augmentation requirements for wells producing from the Dawson aquifer. Mr. Rein also mentioned that legislation may be introduced regarding stormwater management.
Chairwoman Burr called for agenda item no. 7, the staff activity report. Mr. Keith Vander Horst went over his written report. He noted that there are two (2) new hearings Magnum
Feedyards and AG Alliance. Mr. Vander Horst also noted the Gallegos and Meridian issues are on appeal. He advised the Commission that enforcement actions for overpumping have been
initiated on four (4) irrigators in the Plains District and one (1) irrigator in the W-Y and Lost Creek Districts. There was also an enforcement action initiated in the Upper Black
Squirrel District where there was a domestic well being used in a trailer park. Mr. Vander Horst concluded his report advising the Commission of staffing changes on the team. Mr.
Jay Bloomfield has moved to Team 1, the South Platte Basin, with Miss Debbie Gonzales being selected to fill his position and that Miss Shannon Johnson had been selected to fill the
vacancy created when Miss. Sandy Johnson changed teams as reported at the last meeting. In response to a question of Commissioner Larson, Mr. Vander Horst stated that there would be
no punishment above 1:1 payback for those wells that over pumped for the second time. Chairwoman Burr called for agenda item no. 8, the Attorney General’s report. Ms. Jen Mele noted
a new question had been added to the Cherokee Water Replacement plan case that has been around since 2008. Specifically, can waste water be used as replacement water? On the Meridian
case concerning underdrains Ms. Mele informed the Commission that the trial had been held in late January. Ms. Mele further advised the Commission that the Upper Ground Water Commission
Meeting Minutes Page 4 February 20, 2015 Black Squirrel Creek GWMD had requested administration of the Meridian and Woodmen Hills drains. She stated a stipulation had been signed
in Front Range Resources application for a replacement plan, which would be discussed further under new business. Chairwoman Burr called for agenda item no. 9, Management District
Reports Mr. Nate Midcap, reporting for the Marks Butte, Frenchman, Sandhills and Central Yuma GWMD’s, reported that they had not had any snow since the beginning of the season and
that what they had received was hanging around because of the low temperatures. He said that he was about three-fourths of the way though his water level ,measuring. Mr. Midcap closed
his comments by informing the Commission that his Districts intend to object to amending the Republican River Rules. Mr. Jack Dowell, reporting for the W-Y GWMD, reported that his
district also needs moisture. He said that the corn did not dry down naturally but that the sugar beets were good. Mr. Dowel advised the Commission that static water levels in his
district dropped an average of 6.17 feet in 41 wells, remaind the same in seven wells and increased 6.58 feet in 31wells. Mr. Rod Mason, reporting for the Arikaree GWMD, reported that
things are dry and that some snow would be welcome. He also said that he is measuring the water levels in his district. Mr. Steve Kramer reporting for the Plains and East Cheyenne
GWMD’s, reported on the need for moisture. He also said that the farmers are hoping that the wheat crop was not damaged by the weather extremes earlier in the year. Mr. Kramer ended
his remarks noting that the District had hired a new manager, Mr. Carey Barnes, to see to the daily District operations. Mr. Max Smith, reporting for the Southern High Plains GWMD,
reported that they had had more moisture this year, in the form of rain, then in the past few. He said that he could use some help looking for his replacement. Mr. Robert Loose, reporting
for the North Kiowa Bijou GWMD, reported that the basin is doing well with four or five feet of sub moisture. Drawing the Commissions attention to the staff activity report Mr. Loose
called their attention to the high numbers of applications and permits being issued that area within the Kiowa-Bijou District. They have all the new residential wells but no one and
no money to administer the small capacity wells. Ms. Lisa Thompson, reporting for the Upper Black Squirrel GWMD, reported that the District Board was concerned about enforcement matters.
She said that they are concerned about the enforcement of underdrains of Meridian and Woodman Hills and their permitting together with the associated replacement plans. Ms. Thompson
also expressed concerns of the Board about the expansion of use on wells and the Cherokee is leasing and trading waters against permit conditions of approval. Ms. Thompson concluded
her remarks noting that Don Booker was the new board president. Ground Water Commission Meeting Minutes Page 5 February 20, 2015 Mr. David Tausig reporting for the Upper Big Sandy
GWMD, reported that water issues used to not be political but they have become that way because of term limits. He informed the Commission that he had made comments on the water plan
and encouraged them to do so. Mr. Thomas Sauter, reporting for the Lost Creek GWMD, reported that the district is getting ready for the Front Range Resources hearing on their replacement
plan. He also mentioned that the plows were running and that the wheat looks good. Mr. Scott Tietmeyer, reporting for Upper Crow Creek Basin, reported that Crow Creek has been flowing
for 100 days now. He said that though the sub irrigation was returning there had been no effect on the wells. Mr. Tietmeyer noted that the wheat was recovering nicely from the fall
freeze. He also reported that fourteen wells were delivering 30,000 barrels of water, at ten cents a gallon, with projections of going to 60,000 barrels from the Laramie Fox-hills
aquifer. Residents are concerned about possible effects on the White River aquifer. Ms. Deb Daniel, reporting for the Republican River Water Conservation District, reported that the
pipeline was in operation and would remain running until March and then resume in November. She said that in 2014 the District had pumped 7,400 acre-feet through the pipeline. Ms.
Daniel said that all players in the Water Preservation Partnership remain at the table and are discussing conservation measures. She expressed concern over the water table level in
the Plains District. Ms. Daniel noted that the District was working with the owners of surface water rights to reach a mutually beneficial operational agreement. She concluded her
comments noting that she is hearing an increase in the attitude of use it or lose, saying that farmers are using all they are permitted. Chairwoman Burr called for agenda item no.
10, old business. There was none. Chairwoman Burr called for agenda item no. 11, new business. a. A petition by Raymond, Steve and Gary Beedy for relief from enforcement letters
filed by staff. Mr. Dave Tausig, representing the Beedy’s, addressed the Commission. He summarized the issue as the Beedys’ owning two wells issued for irrigation and commercial purposes
with the commercial always intending to mean selling the water. Staff investigated a recent complaint about the selling of the water and found it to outside the permit limits thereby
issuing a cease and desist order. Mr. Tausig said that the order is costing his clients $6,000 per well. Further, he said that the County Commissioners supported the endeavors of
the Beedy’s. Mr. Tausig asked the Commission to determine that when the permits were applied for there was a wider description of commercial which has changed. He said that commerce