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topic to Agenda Item No. 13 for discussion in Executive Session. District Reports: Marks Butte, Frenchman, Sand Hills and Central Yuma GWMDs by Nate Midcap W-Y GWMD by Bryon Mc Call Arikaree GWMD by Rod Mason Plains GWMD by Brandi Baquera East Cheyenne GWMD by Carolyn Talbert Southern High Plains GWMD by Blake Gourley North KiowaBijou GWMD by Robert Loose Upper Black Squirrel Creek GWMD by Tracy Doran Upper Big Sandy GWMD by Tracy Doran Lost Creek GWMD by Thomas Sauter Upper Crow Creek Basin by Dan Loyd Republican River Water Conservation District by Deb Daniel Old Business Status on joint proposal regarding the “Petition For Determination of Jurisdiction Over Surface Water Within the Upper Black Squirrel Creek Designated Ground Water Basin”, from Meridian Service Metropolitan District Status of stakeholder process on proposal to amend Rule 5.6 regarding replacement plans, and Rule 5.8 regarding artificial recharge, storage, and recovery plans New Business Introductory discussion on Commission’s involvement with conservation measures, by Commissioner Farmer Proposal to initiate a change to Rule 7.4 to require a historical withdrawal and depletion analysis for a change of description of irrigated acres, by Staff Selection of August Meeting location Public Comments Executive Session (if needed) Adjournment</ NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION May 18, 2017 Agenda2017May_Draft.pdfNOTICE OF GENERAL MEETING OF THE 1. Determine quorum 2. Review and approval of agenda items 3. Approval of Minutes for Meeting of February 17, 2017 4. Report of the Executive Director by State Engineer Dick Wolfe 5. Commissioners’ Reports 6. Staff Report by Keith Vander Horst. 7. Report of the Attorney General by Jennifer Mele. This is a background briefing on legal issues in the written report. The Board may refer any item contained or discussed under this topic to Agenda Item No. 13 for discussion in Executive Session. 8. District Reports: a. Marks Butte, Frenchman, Sand Hills and Central Yuma GWMDs by Nate Midcap b. W-Y GWMD by Bryon Mc Call c. Arikaree GWMD by Rod Mason d. Plains GWMD by Brandi Baquera e. East Cheyenne GWMD by Carolyn Talbert f. Southern High Plains GWMD by Blake Gourley g. North Kiowa-Bijou GWMD by Robert Loose h. Upper Black Squirrel Creek GWMD by Tracy Doran i. Upper Big Sandy GWMD by Tracy Doran j. Lost Creek GWMD by Thomas Sauter k. Upper Crow Creek Basin by Dan Loyd l. Republican River Water Conservation District by Deb Daniel 9. Old Business a. Status on joint proposal regarding the “Petition For Determination of Jurisdiction Over Surface Water Within the Upper Black Squirrel Creek Designated Ground Water Basin”, from Meridian Service Metropolitan District b. Status of stakeholder process on proposal to amend Rule 5.6 regarding replacement plans, and Rule 5.8 regarding artificial recharge, storage, and recovery plans NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION 10:00 a.m., Thursday, May 18, 2017 1313 Sherman St. Rm. 318 Denver, CO 80203 A G E N D A - Draft NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION May 18, 2017 A G E N D A (cont.) - Draft 10. New Business c. Introductory discussion on Commission’s involvement with conservation measures, by Commissioner Farmer d. Proposal to initiate a change to Rule 7.4 to require a historical withdrawal and depletion analysis for a change of description of irrigated acres, by Staff e. Selection of August Meeting location 11. Public Comments 12. Executive Session (if needed) 13. Adjournment HearingOfficersReport2017May.pdf 1 HEARING OFFICER'S REPORT Prepared for the May 18, 2017 meeting of the Colorado Ground Water Commission The listing below summarizes all adjudicatory matters pending before the Colorado Ground Water Commission as of May 8, 2017. Updated/new information is indicated in bold italics. Gaps in case numbering indicate case reported on previously is closed and therefore, removed from the report. Gallegos, Reinaldo etc Case No. 03-GW-06 Designated Basin: Upper Crow Creek Date of request: April 30, 2003 Subject: Petition to de-designate portions of the Upper Crow Ck Designated Basin Status: Hearing Officer issued decision on March 27, 2012. Commission upheld Hearing Officer’s decision. Case appealed to District Court for de novo review (see Case No. 03CV1335, Weld County District Court). District Court upheld Commission’s decision on March 9, 2015. Oral argument before the Supreme Court held on December 6, 2016. Awaiting court’s decision. Woodmen Hills Metro Dist, Case No. 03-GW-20 Designated Basin: Upper Black Squirrel Date of request: Oct. 30, 2003 Subject: Objection to (3) three applications to appropriate designated ground water from the alluvial aquifer of Black Squirrel Creek, or its tributaries and an application for a replacement plan to prevent injury to water rights of other appropriators and allow the proposed appropriation from the alluvial aquifer. Receipt No 501564-A, B, and C. Status: Amended replacement plan filed and published. Motion to vacate hearing granted. Hearing scheduled for December 4 through 8, 2017. Cherokee Metro & Meridian Svc Dist. Case No. 08-GW-71 Designated Basin: Upper Black Squirrel Date of request: Oct. 15, 2008 Subject: Objection to an application for approval of a replacement plan to make new appropriations from the alluvial aquifer within the Upper Black Squirrel Creek Designated Basin. Status: Two weeks of hearing held June 8th thru June 19, 2009. Case consolidated with Case Nos. 08GW78 as well as the change case filings for 2 well nos. 9 through 12 (09GW15). Case is presently stayed. Supreme Court issued a decision on the ability of Meridian to Intervene in the declaratory action regarding the stipulation in 98CW80 and indicated Meridian could intervene and remanded to Water Court for further action. Supreme Court upheld lower court ruling that nothing in the stipulation, and particularly not its use of the word “recharge,” implied abandonment or forfeiture of any right Cherokee might otherwise have to claim future credits within the basin. Matter is remanded to District Court who will then remand to the Commission for further proceedings. Still awaiting remand from District Court to continue proceedings. Cherokee Metropolitan District Case No. 08-GW-78 Designated Basin: Upper Black Squirrel Date of request: Dec. 29, 2008 Subject: Objection to an application to change the type and place of use of Well Permit No. 49988-F. Status: See Case No. 08GW71 above. Meridian Service Metropolitan Dist., Case No. 09-GW-11 Designated Basin: Upper Black Squirrel Date of request: June 15, 2009 Subject: Objection concerning an application to change a determination of water right Status: See Case No. 08GW71 above. Cherokee Metro & Meridian Svc Dist. Case No. 09-GW-15 Designated Basin: Upper Black Squirrel Date of request: Nov. 17, 2009 Subject: Objection to an application to change the type and place of use Status: See Case No. 08GW71 above. Meridian Service Metropolitan District Case No. 12-GW-10 Designated Basin: Upper Black Squirrel Date of request: Jan.-12, 2012 Subject: Nature of water and jurisdiction. 3 Status: Initial decision of Hearing Officer entered on April 25, 2013. Commission upheld Hearing Officer’s decision. Meridian appealed to El Paso County District Court. Certification of record on appeal is complete. District Court upheld Commission decision. Appealed to Supreme Court, briefs have been filed. Oral argument before the Supreme Court held on September 30, 2015. Decision issued by Supreme Court upholding District Court and Commission decision. Still awaiting remand from District Court. Front Range Resources, LLC Case No. 13-GW-07 Designated Basin: Lost Creek Date of request: Sept. 12, 2013 Subject: Application for approval of a replacement plan located in the Lost Creek Designated Basin Status: Hearing Officer issued order per stipulation of the parties and is now on appeal to the District Court. Set for trial before District Court in Adams County, June 6 thru 17, 2016. Oral argument on motion to dismiss South Platte water rights from replacement plan held. District Court dismissed South Platte water rights for inclusion in replacement plan. District Court dismissed case based on issue of speculation. The Applicant appealed the case to the Supreme Court. Brett Axton Rocky Mountain Roosters Case No. 15GW05 Designated Basin: Kiowa Bijou Date of request: May 13, 2015 Subject: Objections to Determinations of water rights from Arapahoe & Denver Status: Set for a 5 day hearing commencing on June 5, 2017. Numerous objectors have signed a stipulation with the Applicant. Motion pending. Brett Axton Rocky Mountain Roosters Case No. 15GW06 Designated Basin: Kiowa Bijou Date of request: May 13, 2015 Subject: Objections to Replacement Plan Status: See 15GW05 above. 4 Meridian Metropolitan District Case No. 15GW14 Designated Basin: Upper Black Squirrel Date of request: Sept. 30, 2015 Subject: Application for Approval of a Replacement Plan. Status: Hearing held in February 2017. Hearing Officer’s Initial Decision is pending consideration of evapotranspiration measurement and accounting issues. Cherokee Metropolitan District Case No. 15GW15 Designated Basin: Upper Black Squirrel Date of request: Oct. 23, 2015 Subject: Verified Complaint for Declaratory Judgment involving Wells 1 through 8. Status: Five day hearing set for March 20, 2017 vacated and case is presently stayed through May 22, 2017 per the parties request to allow for settlement discussions. Motions for partial summary judgment pending before Hearing Officer are on hold. Strasburg Sanitation and Water District Case No. 16GW01 Designated Basin: Kiowa-Bijou (North) Date of request: Jan. 14, 2016 Subject: Objection to issuance of Final Permit, Permit No. 2642-F. Status: Case is set for a 4 day hearing commencing on May 22, 2017. Motion for Summary Judgment denied. On May 1, 2017, the Hearing Officer signed a Stipulated Initial Decision effectively vacating the need for a hearing. Appeal to the Commission as a whole may be forthcoming. Town of Kiowa Case No. 16GW02 Designated Basin: Kiowa-Bijou Date of request: Jan. 14, 2016 Subject: Objection to issuance of Final Permit, Permit No. 2794-F. Status: Case is set for a 4 day trial commencing on May 22, 2017. Motion for Summary Judgment denied. Motion for clarification order issued Jan. 24, 2017 concerning evidence to be presented at hearing. Staff’s Motion for Summary Judgment or in the Alternative Motion in Limine was denied by the Hearing Officer on April 23, 2017. Hearing to proceed as scheduled. 5 Upper Crow Creek Rule amendments Case No. 16GW04 Designated Basin: Upper Crow Creek Date of request: July 2016 Subject: Determine alluvial, fan and White River aquifers as overappropriated. Status: At the Commission meeting on February 17, 2017, the Commission determined aquifers overappropriated as proposed. Meridian Service Metro District Case No. 16GW05 Designated Basin: Upper Black Squirrel Date of request: December 16, 2016 Subject: Determine jurisdiction over the replace of depletions caused by evaporation to surface water flowing into and through lined impoundments in the basin. Status: At the February 17, 2017 Commission meeting the Board ordered the Petition to be published. Publication and notice were completed and requests for party status were received from Booker Trusts and the Upper Black Squirrel Ground Water Management District. Awaiting further action from the Commission. Formation of Upper Crow Creek Management District Case No. 17GW01 Designated Basin: Upper Crow Creek Date of request: Feb. 7, 2017 Subject: Proposal to form a ground water management district in the Upper Crow Creek Designated Ground Water Basin. Status: The Commission considered the proposal at its February 2017 meeting and consented to the request. Order of Consent signed and issued on April 12, 2017. Lost Creek Dairy Case No. 17GW02 Designated Basin: Lost Creek Date of request: April 25, 2017 Subject: Objection by the Management District to a proposed change in type of use. Status: Setting conference scheduled for May 9, 2017. 6 Lost Creek Dairy Case No. 17GW03 Designated Basin: Lost Creek Date of request: April 25, 2017 Subject: Objection by the Management District to a proposed change in place of use. Status: Setting conference scheduled for May 9, 2017. Respectfully submitted, ______________________________ Joseph (Jody) Grantham, Hearing Officer Letter to KVH (4.29.16)(with signatures).pdf May 2017 GWC Enforcement Report (1).docx Enforcement Items and Actions For the period of February – May, 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 most instances. < The issues described below have been determined to be violations occurring last quarter: NORTHERN HIGH PLAINS Plains GWMD CL Karks was found to have commingled large capacity wells without GWC authorization. The owner/user has submitted an application to commingle the wells. Gay Family Limited Partnership was found to have commingled large capacity wells without GWC authorization. A show cause letter was sent to the owners and we are awaiting their response. Charles Clapper failed to enter into a contract for the 3rd party meter administration required pursuant to his large capacity well’s change of use authorization. A notice of violation resulted in the owner contracting with the Plains GWMD for the meter administration. Staff also continues to work with Mr. Clapper on his application to commingle illegally commingled wells. East Cheyenne GWMD It was discovered that Allen Schutte has been using a large capacity irrigation well for unpermitted uses, specifically in a confined feedlot. Staff has been in contact with Mr. Schutte and he is pursuing GWC authorization via a change of use application. Arikaree GWMD Joe Fritzler was found to have commingled large capacity wells without GWC authorization. The owner/user has submitted an application to commingle the wells. UPPER BLACK SQUIRREL Upper Black Squirrel Creek GWMD The El Paso County Sherriff has provided Staff with a list of 33 well permit violations associated with the commercial cultivation of marijuana. It is believed that domestic wells are being illegally used to support the water supply in these commercial grows. Staff has begun researching each well permit file. Staff will follow the described protocol to address perceived violations associated with marijuana cultivation: Review the permit file to determine if the use may be allowed. If we believe a violation is occurring, send out a certified show cause letter to the owner. The letter asks the well owner to complete a Well Use Questionnaire and get back to us within 30 days of the letter’s receipt to further discuss the matter. For the time being, if we do not receive a response back, the matter will be put on hold. Staff will not be performing any field inspections to address/enforce well use associated with marijuana cultivation until we have more direction and resources from state government to safely and effectively address the violations. At the request of the District, Staff performed a field inspection of the Shaw Ranch surface diversion. While we did not find an illegal diversion occurring at the time of the inspection, we do have questions about the source of water in a number of ponds downstream of the diversion point. Staff will look more into these ponds and perform follow-up inspections over the summer to determine what, if any, violations may be occurring. Staff continues to work with property owners in the Blue Springs Subdivision to address violations associated with unpermitted ponds throughout the subdivision. LOST CREEK Lost Creek GWMD It was determined that Overview Business Holdings LLC pumped in excess of their large capacity well’s 2016 annual allocation by 33.17 acre-feet. Staff sent a notice of violation to the well owner, and we are requiring monthly meter readings be taken and submitted for the rest of the calendar year so that we might track the well’s pumping. If the well reaches its annual limit before the end of the calendar year, Staff will issue an order to cease and desist pumping. < May 2017 GWC Enforcement Report.docx Enforcement Items and Actions For the period of February – May, 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 most instances. < The issues described below have been determined to be violations occurring last quarter: NORTHERN HIGH PLAINS Plains GWMD CL Karks was found to have commingled large capacity wells without GWC authorization. The owner/user has submitted an application to commingle the wells. Gay Family Limited Partnership was found to have commingled large capacity wells without GWC authorization. A show cause letter was sent to the owners and we are awaiting their response. Charles Clapper failed to enter into a contract for the 3rd party meter administration required pursuant to his large capacity well’s change of use authorization. A notice of violation resulted in the owner contracting with the Plains GWMD for the meter administration. Staff also continues to work with Mr. Clapper on his application to commingle illegally commingled wells. East Cheyenne GWMD It was discovered that Allen Schutte has been using a large capacity irrigation well for unpermitted uses, specifically in a confined feedlot. Staff has been in contact with Mr. Schutte and he is pursuing GWC authorization via a change of use application. Arikaree GWMD Joe Fritzler was found to have commingled large capacity wells without GWC authorization. The owner/user has submitted an application to commingle the wells. UPPER BLACK SQUIRREL Upper Black Squirrel Creek GWMD The El Paso County Sherriff has provided Staff with a list of 33 well permit violations associated with the commercial cultivation of marijuana. It is believed that domestic wells are being illegally used to support the water supply in these commercial grows. Staff has begun researching each well permit file. Staff will follow the described protocol to address perceived violations associated with marijuana cultivation: Review the permit file to determine if the use may be allowed. If we believe a violation is occurring, send out a certified show cause letter to the owner. The letter asks the well owner to complete a Well Use Questionnaire and get back to us within 30 days of the letter’s receipt to further discuss the matter. For the time being, if we do not receive a response back, the matter will be put on hold. Staff will not be performing any field inspections to address/enforce well use associated with marijuana cultivation until we have more direction and resources from state government to safely and effectively address the violations. At the request of the District, Staff performed a field inspection of the Shaw Ranch surface diversion. While we did not find an illegal diversion occurring at the time of the inspection, we do have questions about the source of water in a number of ponds downstream of the diversion point. Staff will look more into these ponds and perform follow-up inspections over the summer to determine what, if any, violations may be occurring. Staff continues to work with property owners in the Blue Springs Subdivision to address violations associated with unpermitted ponds throughout the subdivision. LOST CREEK Lost Creek GWMD It was determined that Overview Business Holdings LLC pumped in excess of their large capacity well’s 2016 annual allocation by 33.17 acre-feet. Staff has May 2017 GWC Enforcement Report_Revised.docx Enforcement Items and Actions For the period of February – May, 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 most instances. < The issues described below have been determined to be violations occurring last quarter requiring additional action. NORTHERN HIGH PLAINS Plains GWMD CL Karks was found to have commingled large capacity wells without GWC authorization. The owner/user has submitted an application to commingle the wells. Gay Family Limited Partnership was found to have commingled large capacity wells without GWC authorization. A show cause letter was sent to the owners and we are awaiting their response. Charles Clapper failed to enter into a contract for the 3rd party meter administration required pursuant to his large capacity well’s change of use authorization. A notice of violation resulted in the owner contracting with the Plains GWMD for the meter administration. Staff also continues to work with Mr. Clapper on his application to commingle illegally commingled wells. East Cheyenne GWMD It was discovered that Allen Schutte has been using a large capacity irrigation well for unpermitted uses, specifically in a confined feedlot. Staff has been in contact with Mr. Schutte and he is pursuing GWC authorization via a change of use application. Arikaree GWMD Joe Fritzler was found to have commingled large capacity wells without GWC authorization. The owner/user has submitted an application to commingle the wells. UPPER BLACK SQUIRREL Upper Black Squirrel Creek GWMD The El Paso County Sherriff has provided Staff with a list of 33 well permit violations associated with the commercial cultivation of marijuana. It is believed that domestic wells are being illegally used to support the water supply in these commercial grows. Staff has begun researching each well permit file. Staff will follow the described protocol to address perceived violations associated with marijuana cultivation: Review the permit file to determine if the use may be allowed. If we believe a violation is occurring, send out a certified show cause letter to the owner. The letter asks the well owner to complete a Well Use Questionnaire and get back to us within 30 days of the letter’s receipt to further discuss the matter. For the time being, if we do not receive a response back, the matter will be put on hold. Staff will not be performing any field inspections to address/enforce well use associated with marijuana cultivation until we have more direction and resources from state government to safely and effectively address the violations. At the request of the District, Staff performed a field inspection of the Shaw Ranch surface diversion. While we did not find an illegal diversion occurring at the time of the inspection, we do have questions about the source of water in a number of ponds downstream of the diversion point. Staff will look more into these ponds and perform follow-up inspections over the summer to determine what, if any, violations may be occurring. Staff continues to work with property owners in the Blue Springs Subdivision to address violations associated with unpermitted ponds throughout the subdivision. LOST CREEK Lost Creek GWMD It was determined that Overview Business Holdings LLC pumped in excess of their large capacity well’s 2016 annual allocation by 33.17 acre-feet. Staff has Minutes_2017-2-17.docxMINUTES MINUTES FIRST QUARTERLY MEETING COLORADO GROUND WATER COMMISSION FEBRUARY 17, 2017 The first Quarterly Meeting of the Colorado Ground Water Commission took place on February 17, 2017, at the Centennial Building, 1313 Sherman St, Room 318, Denver, Colorado. Chairman Valdez called the meeting to order at 10:00 a.m. Secretary Nielsen called the roll and determined that a quorum was present. Commission members present were Marc Arnusch, Dan Farmer, Blake Gourley, Steve Kramer, Greg Larson, Jim Noble, Scott Tietmeyer, Virgil Valdez, Lauren Ris (on behalf of Robert Randall), Dick Wolfe and Carlee Brown (on behalf of James Eklund). Staff members present were Kevin Rein, Keith Vander Horst, Rick Nielsen, Chris Grimes, Shannon Johnson, Neelha Mudigonda, Matt Sares, Andy Flor and Kevin Donegan. 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, Commissioner Wolfe said that he would like to discuss the May meeting date and location during agenda item no. 12, public comments. Commissioner Arnusch moved to amend the agenda as suggested. Commissioner Larson seconded the motion which passed unanimously. Approval of Minutes for Meeting of November 18, 2016, Chairman Valdez asked if there were any corrections or additions to the minutes. There being <none, Commissioner Kramer moved to approve the minutes as amended. Commissioner Tietmeyer seconded the motion which carried unanimously. Report of the Executive Director by Dick Wolfe Mr. Wolfe opened his remarks advising the Commission that Colorado, Nebraska and Kansas continue to meet on a monthly basis to discuss the Republican River Compact. He said that all parties remain determined to honor the long term agreements reached last August. Mr. Wolfe informed the Commission that the Bureau of Reclamation has been attending the meetings which help with the dialogue on the Federal projects of which Nebraska has many. He noted that the Bureau of Reclamation, Colorado Division of Parks and Wildlife, Kansas, Nebraska and the Division of Water Resources continue to discuss bringing water back into Bonny reservoir at sometime in the future, especially if there is a major storm event. Mr. Wolfe noted that it had been five (5) years since the reservoir was drained.< Mr. Wolfe continued with his Republican River report saying that the parties are attempting to reconcile the handling of the Beaver Creek allocation, in the Southern part of the Basin, in dry years. He added that when this reconciliation is finalized the states plan to hold a special meeting, hopefully by the end of June of this year to finalize that last ten (10) years worth of accounting. Mr. Wolfe noted that ongoing litigation has prevented this in the past. In the Rio Grande Basin Mr. Wolfe reported they have been having successful meetings with the objectors to the rules. The goal is to reach a stipulated agreement to avoid going to trial which is scheduled for eight (8 weeks) beginning in January of 2018. Commissioner Wolfe concluded his comments with the announcement that he will be retiring at the end of June. Chairman Valdez called for agenda item no. 5, Commissioners’ reports. Commissioner Kramer reported that the Water Preservation Partnership (WPP) passed a resolution encouraging all Districts to develop a plan to reduce the consumption of water. He said that the response to the survey he mentioned at the last meeting showed that the producers were overwhelmingly in favor of doing some type of conservation. Commissioner Wolfe added to his report that the advisory committee has been meeting monthly to develop the Republican River Compact Compliance Rules. He hopes that they will be finalized and submitted to the Division 1 Water Court shortly. Commissioner Tietmeyer advised the Commission that he will recuse himself from the discussion and vote on Agenda Item no. 6. Chairman Valdez called for agenda item no. 6, Hearing on proposal to amend Rule 5.2.9 to determine that the Alluvial Aquifer, and all of the Fan and White River Aquifers, in the Upper Crow Creek Basin are over appropriated. Mr. Andy Jones, legal counsel, addressed the Commission. He identified his clients, Loyd Farms, Vonda Tietmeyer, BCK Heath Property, LLC and Dennis Zitek, as the proponents of the matter before the Commission to amend Rule 5.2.9 of the Rules and Regulations of the Management and Control of Designated Ground Water, to close the Alluvial, Fan and White River Aquifers