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COREY M. HUWA, Chair, Roggen; STEVE KRAMER, Vice-Chair, 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 QRTSTAT-2014May.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AP NP AU AR AD & AW CHANGE APPLICATIONS UPPER CROW CREEK TOTAL RECEIVED NEW ISSUED REPLACE ISSUED NEW RECEIVED DENIED & WITHDRAWN NORTHERN HIGH PLAINS SOUTHERN HIGH PLAINS UPPER BLACK SQUIRREL CREEK RESUBMITTED SMALL CAPACITY PERMITS REPLACEMENT CA CANCELED LARGE CAPACITY PERMITS CHANGE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) FEBRUARY 1, 2014 THROUGH APRIL 20, 2014 105.00 107.00 111.00 111.00 36.00 31.00 7.00 0.00 0.00 0.00 3.00 4.00 10.00 8.00 31.00 22.00 5.00 27.00 10.00 1.00 1.00 0.00 0.00 0.00 4.00 5.00 0.00 3.00 3.00 0.00 1.00 0.00 1.00 0.00 15.00 8.00 3.00 3.00 0.00 0.00 0.00 0.00 1.00 0.00 5.00 3.00 1.00 0.00 3.00 0.00 1.00 1.00 0.00 0.00 5.00 1.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 6.00 4.00 2.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.00 1.00 1.00 14.00 10.00 0.00 0.00 0.00 0.00 0.00 103.00 75.00 19.00 47.00 26.00 1.00 6.00 5.00 12.00 8.00 103.00 94.00 17.00 9.00 0.00 12.00 53.00 31.00 31.00 11.00 0.00 1.00 12.00 8.00 16.00 10.00 0.00 StaffReport2014May.docx Ground Water Commission 1313 Sherman Street, Room 821 Denver, CO 80203 May 16, 2014 Meeting MEMORANDUM TO:Dick Wolfe, Executive Director – Ground Water Commission FROM:Keith Vander Horst, Designated Basins Team Leader SUBJECT:Staff Activity Report for February 1, 2014 through April 30, 2014 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: 103 small-capacity new and replacement well permit applications were received 94 small-capacity new and replacement well permits were issued Large Capacity: 53 large-capacity new and replacement well permit applications, and Determination of Water Right applications, were received 31 large-capacity new and replacement well permits and Determinations of Water Rights were issued 1 large-capacity well permit was canceled 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: 12 new change applications were received 8 change applications were approved Table 3 provides details on the individual pending change of water right applications. Final Permit Activities Below is a summary of the status of permits subject to Final Permitting as of April 30, 2014. Conditional permits counted in the table below that have not been issued Final Permits consist of either recently issued conditional permits for which the applicant still has opportunity to use the well and prove up the conditional right and be issued a Final Permit, or older conditional permits that had been on hold pending the implementation of Senate Bill 13-72 on August 7, 2013 and ended up not to be subject to that statutory change.< Final Permit Status as of April 30, 2014 Basin Total Number of Permits Total Number of Final Permits Issued Percent Northern High Plains 4100 4100 100% Southern High Plains 1246 1179 95% Lost Creek 372 372 100% Kiowa-Bijou 879 861 98% Upper Big Sandy 121 121 100% Upper Black Squirrel Creek 162 154 95% Upper Crow Creek 116 97 84% Camp Creek 50 48 96% Total 7046 6932 98% 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) Farmer, Edna, Dan & Teresa, 09GW02/03 (Determinations of Water Right) Front Range Resources, 11GW03, (Determinations of Water Right) Front Range Resources, 13GW05 (Change in Place of Use) Front Range Resources, 13GW07 (replacement plan) Greathouse, William, 11GW06 (objection to Final Permit publication in Southern High Plains) Meridian Service Metro Dist., 09GW11 (Change of use of Denver Basin rights) Woodmen Hills, 03GW20, (New Alluvial Rights and a Repl. Plan) Under appeal Gallegos, 03GW06, (Request for de-designation in Upper Crow Creek) Meridian Service Metro Dist., 12GW10 (Status of water) Completed during the last quarter Morley Howard Investments, 07GW02, (Change in Place of Use) Enforcement Items and Actions Enforcement actions performed by staff this quarter are summarized below NORTHERN HIGH PLAINS Plains GWMD It was reported that John Buol was using his Confined Animal Feeding Operation wells for unpermitted uses, specifically pond filling and irrigation. A show cause letter was sent to Mr. Buol on April 28th and we are awaiting his response. Arikaree GWMD Steven Beedy has been found to be using his large capacity commercial well for unpermitted commercial uses, selling water to oil and gas companies. It was his belief that because his well was permitted for commercial use, he could sell the water. Staff is working with Mr. Beedy to correct the violations and ensure well permit compliance. It has been reported that Cure Land LLC has been selling the water from their Confined Animal Feeding Operation wells for use in oil and gas and/or road construction projects. A show cause letter was sent to Cure Land LLC on May 1st and we are awaiting their response. KVH Staff Activity ReportPage 3 May 16, 2014 Commission Meeting Staff Activity ReportPage 2 May 16, 2014 ERNEST L. MIKITA, CHAIRMAN, Calhan; ANNE J. CASTLE, VICE-CHAIRMAN, Denver; JON B. BROWNELL, Hooper; EUGENE A. BAUERLE, Julesburg; DENNIS W. CORYELL, Burlington; ROBERT R. LOOSE, Wiggins; LARRY CLEAVER, Grand Junction; RICHARD F. HUWA, Keenesburg; CHARLES “MAX” SMITH, Walsh StaffReport2014May.pdf StaffReport2014May_OldLetterhead.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 821 Denver, Colorado 80203 Phone (303) 866-3581 </w:t></w:r></w:p><w:p w:rsidR="00707 FAX (303) 866-3589 http://water.state.co.usJohn W. Hickenlooper Governor Mike King Executive Director, DNR Dick Wolfe, P.E. Executive Director May 16, 2014 Meeting MEMORANDUM TO:Dick Wolfe, Executive Director – Ground Water Commission FROM:Keith Vander Horst, Designated Basins Team Leader SUBJECT:Staff Activity Report for February 1, 2014 through April 30, 2014 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: 103 small-capacity new and replacement well permit applications were received 94 small-capacity new and replacement well permits were issued Large Capacity: 53 large-capacity new and replacement well permit applications, and Determination of Water Right applications, were received 31 large-capacity new and replacement well permits and Determinations of Water Rights were issued 1 large-capacity well permit was canceled 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: 12 new change applications were received 8 change applications were approved Table 3 provides details on the individual pending change of water right applications. Final Permit Activities Below is a summary of the status of permits subject to Final Permitting as of April 30, 2014. Conditional permits counted in the table below that have not been issued Final Permits consist of either recently issued conditional permits for which the applicant still has opportunity to use the well and prove up the conditional right and be issued a Final Permit, or older conditional permits that had been on hold pending the implementation of Senate Bill 13-72 on August 7, 2013 and ended up not to be subject to that statutory change.< Final Permit Status as of April 30, 2014 Basin Total Number of Permits Total Number of Final Permits Issued Percent Northern High Plains 4100 4100 100% Southern High Plains 1246 1179 95% Lost Creek 372 372 100% Kiowa-Bijou 879 861 98% Upper Big Sandy 121 121 100% Upper Black Squirrel Creek 162 154 95% Upper Crow Creek 116 97 84% Camp Creek 50 48 96% Total 7046 6932 98% 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) Farmer, Edna, Dan & Teresa, 09GW02/03 (Determinations of Water Right) Front Range Resources, 11GW03, (Determinations of Water Right) Front Range Resources, 13GW05 (Change in Place of Use) Front Range Resources, 13GW07 (replacement plan) Greathouse, William, 11GW06 (objection to Final Permit publication in Southern High Plains) Meridian Service Metro Dist., 09GW11 (Change of use of Denver Basin rights) Woodmen Hills, 03GW20, (New Alluvial Rights and a Repl. Plan) Under appeal Gallegos, 03GW06, (Request for de-designation in Upper Crow Creek) Meridian Service Metro Dist., 12GW10 (Status of water) Completed during the last quarter Morley Howard Investments, 07GW02, (Change in Place of Use) Enforcement Items and Actions Enforcement actions performed by staff this quarter are summarized below NORTHERN HIGH PLAINS Plains GWMD It was reported that John Buol was using his Confined Animal Feeding Operation wells for unpermitted uses, specifically pond filling and irrigation. A show cause letter was sent to Mr. Buol on April 28th and we are awaiting his response. Arikaree GWMD Steven Beedy has been found to be using his large capacity commercial well for unpermitted commercial uses, selling water to oil and gas companies. It was his belief that because his well was permitted for commercial use, he could sell the water. Staff is working with Mr. Beedy to correct the violations and ensure well permit compliance. It has been reported that Cure Land LLC has been selling the water from their Confined Animal Feeding Operation wells for use in oil and gas and/or road construction projects. A show cause letter was sent to Cure Land LLC on May 1st and we are awaiting their response. KVH Staff Activity ReportPage 2 May 16, 2014 Commission Meeting Staff Activity ReportPage 3 May 16, 2014 Commission Meeting Memorandum Upcoming Commission Meeting Page 2 ERNEST L. MIKITA, CHAIRMAN, Calhan; ANNE J. CASTLE, VICE-CHAIRMAN, Denver; JON B. BROWNELL, Hooper; EUGENE A. BAUERLE, Julesburg; DENNIS W. CORYELL, Burlington; ROBERT R. LOOSE, Wiggins; LARRY CLEAVER, Grand Junction; RICHARD F. HUWA, Keenesburg; CHARLES “MAX” SMITH, Walsh COREY M. HUWA, Chair, Roggen; STEVE KRAMER, Vice-Chair, 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 C. MAX SMITH, CHAIRMAN, Walsh; DENNIS W. CORYELL, VICE-CHAIRMAN, Burlington; GRANT H. BLEDSOE, Wray; LARRY W. CLEVER, Grand Junction; EARNEST L. MIKITA, Calhan; DOUGLAS L. SHRIVER, Monte Vista; COREY M. HUWA, Roggen; FRANK P. JAEGER, Elizabeth; ROBERT R. LOOSE, Wiggins Talking points Executive Order D 2012.docx Executive Order D 2012-002 was implemented by the Governor in 2012. DNR was to some extent exempt the first couple of years because of the merger of Parks and Wildlife. We have provided you with a copy of that directive.< In Feb of this year Gov began to push department to comply and we have, via a memo and attachments I prepared and sent to the Department in March. I bring this to your attention because you have two sets of rules: Your use rules, which have been amended quite often, as staff brings proposals to you when needed. You had three amendments to the rules in 2010 alone (declaring Hay Gulch of lost creek, the upper mainstem of lost creek and the upper big sandy over-appropriated). A total of 6 amendments have been accomplished since 2008.< Your rules governing hearings, which I believe were last modified in 2006. You also have rules tangentially related to your business that are promulgated by the State Engineer concerning small capacity wells. (Never amended or reviewed since original promulgation< in July 1999) I bring this to you as a heads up more than anything. Gov’s order requires review of each set of rules every five years at a minimum. Staff continuously reviews the rules and brings suggested changes to your attention, and in speaking to Keith, there are a few things that probably will need amending in the use rules in the next year or two. Propose: Review use rules and prepare for potential amending, if needed, 2015 or 2016. Review rules governing hearings. In the upcoming year we will be amending the cousin of these rules, the rules governing hearings before the state engineer. I have modeled the proposed changes in those rules somewhat after the rules you have in place presently and want to get those completed before we move back to a review and potential amendment of your rules sometime in early 2016. At this time, the changes that potentially would be considered would be adding ADR portion to your rules to allow for an ADR process and incorporating procedures modeled after Water Court Rules 11, requiring meetings of experts at the discretion of the Commission or Hearing Officer. Rule 11 explain. While small capacity rules are not promulgated by the Commission, Keith and I have discussed these rules and plan on doing a review in the near future. It is possible we may consider a major revision in that we believe the rules merely repeat the statute. We are not sure of that at this point, but if that is the case there may be no need to have the rules. I will keep you informed on the progress of that as we move forward in the future.