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conservation measures. Commissioner Farmer added that he would like to see the rule allow the irrigator to choose either the historic irrigated acres or the historical consumptive use. Commissioner Gourley agrees with Commissioner Farmer regarding the choice but he does not want to drag this out any longer. Commissioner Larson said that he could see restricting a permit to the current land use could restrict the use in the future when other technologies might be available. He said that he does like the option method. Commissioner Rein asked Mr. Vander Horst if the suggestion of Commissioner Farmer could be accomplished under the existing Rule 10. Mr. Vander Horst clarified that Rule 10 tells us how to perform a historical consumptive use analysis and that rule is combined with other rules for specific changes. However, a farmer could apply for a change in use from irrigation to irrigation to change the description of irrigated acres to allow for an increase in the historic acres under Rule 7 thereby having a historical consumptive use analysis conducted. Mr. Lopez recommended that if they want to allow for the rule to provide an option then it is better to continue the hearing and get the language right then try and fix it now. Commissioner Farmer asked Mr. Coryell about his thoughts on the idea of providing farmers with the option. Mr. Coryell said that, it was probably the safe way to go. Commissioner Farmer asked Mr. Loose the same question. Mr. Loose responded that curtailment should have occurred at the time the final permits were issued. He said that his district does not have any concerns about the rule one way or another. Commissioner Noble said that he thought the rule should allow for a choice and that action should be delayed to get the wording right. He said that he is concerned about continuing the matter but would be willing to do so if the Commission could come to an agreement on what the rule should look like. Chairman Valdez asked Mr. Midcap for his comments. Mr. Midcap said that there three ways to get it done. The two as proposed by staff or issue the change with the reduced acres as currently proposed then if the grower wants to pick up the other 30 acres he would apply for expanded acres which is done with an HCU analysis. Commissioner Gourley said that he would like to continue the hearing to get the language right. Chairman Valdez said that he would entertain a motion to continue the hearing to give staff time to get the language right. Ground Water Commission Meeting Minutes Page 7 February 16, 2018 Commissioner Noble moved to direct staff to draft language in the rule that would provide for an alternative of either the last draft or that shown in this draft as we continue the hearing. Commissioner Farmer seconded the motion. Commissioner Tietmeyer asked they could have a special meeting. Commissioner Farmer asked about any publication requirements. Mr. Kowaleski said that the proposed rule has been published but the Commission may change things as long as those changes are consistent with the notice. Chairman Valdez called for a vote on the motion which passed with Commissioner Tietmeyer voting nay. Chairman Valdez called for agenda item no. 7, Hearing on request by JDM Farmland for an exception to Rule 5.5 to allow issuance of a new conditional permit in the Southern High Plains Basin with a duty of water less than 3.5 acre-feet per acre. Mr. Daniel Gillham, representing JDM Farmland addressed the Commission. He said he has extensive personnel experience with crop consumptive use and that his company has been working in the Southern High Plains for many years. Mr, Gillham advised the Commission that originally there were two wells permitted to irrigate the 474 acres but only one was constructed. He said that a recent pump test showed that well permit no. 77052-F has a yield of 1163 GPM which translates into 2.75 acre-feet of water per irrigated acre. Mr. Gillham said that he has spoken with the trustee of the owner and with the current tenet farmer; both are of the opinion that a viable crop can be raised on the available water supply. He stated that his analysis shows that the well can provide 81% to 82% of the crop requirement for both corn and alfalfa which is not uncommon for surface water irrigators who in fact often have less water (70% or less) available. Mr. Gillham stated that the farmer is aware that the pipeline connecting this well with another well will need to be severed to stop the unapproved commingling. Mr. Rick Nielsen representing staff addressed the Commission. He informed the Commission that as originally issued, the two permits approved for irrigating the 474 acres were each given 829.5 acre-feet, being one-half of the 1659 acre-feet required under Rule 5.5. He said that the applicant has a pending application to increase the annual appropriation on well permit no. 77052-F from the 829.5 acre-feet as permitted to 1305.7 acre-feet, the physical capacity of the well and being a duty of water of 2.75 acre-feet per irrigated acre and less then as required by Rule 5.5. Mr. Nielsen went on to explain how staff would issue the permits, the increase on permit no. 77052-F and the final permits. He said that if the Commission approved the exception then the final permits would be issued for 829.5 acre-feet under permit no. 77052-F and 476.2 acre-feet under the new permit, both for the irrigation of 474 acres. If the Commission did not approve the exception the final permits would be issued for the same volume but for use on 373 acres, a difference of 101 acres. Commissioner Larson asked if the permit that this well was being commingled with would be cancelled. Mr. Nielsen said that it would not because it is permitted to irrigate a different quarter section. Ground Water Commission Meeting Minutes Page 8 February 16, 2018 Responding to a question by Commissioner Noble, Mr. Nielsen confirmed that the volume of water pumped would be the same if the Commission approved or denied the exception request. The only difference would be that the number of irrigated acres would change. Commissioner Farmer asked about the proximity of the nearest well that could be injured. Mr. Nielsen responded that the nearest well is owned by the applicant who has submitted a waiver of injury. Responding to a question from Commissioner Tietmeyer, Mr. Nielsen said that there is no requirement for a totalizing flow meter to be installed because the Basin remains open for appropriation. Commissioner Kramer asked about the irrigation history for this well. Mr. Nielsen said that the aerial photographs indicate the irrigation of a 474-acre circle. He went on to mention that the well was commingled with another well at the time. Commissioner Farmer moved to grant the exception. Commission Gourley seconded the motion which passed unanimously. Chairman Valdez called for agenda item no. 8, Hearing on proposed amendments to 2 CCR 402-3, Rules of Procedure for All Hearings Before the Colorado Ground Water Commission. Mr. Jody Grantham addressed the Commission. He said that this review of the Rules is in response to the Governors executive order D-2012-002, requiring review of all rules on a regular basis. These Rules were last reviewed in 2006. Mr. Grantham advised the Commission that he initiated the stake holder process in December of 2016 by posting the proposed rules on the website, the Substitute Water Supply Plan notification list and by contacting all attorneys who practice before the State Engineer and Commission. He noted that one party had requested a cost benefit analysis and regulatory analysis, both of which have been done and published. Mr. Grantham said that the amended rules do three things; 1. They update the language as required by the administrative order, 2. Pursuant to 37-91-13, they provide for a voluntary alternate resolution process and 3. Identify those matters that can and cannot be delegated to the Hearing Officer. He concluded with the recommendation that the amended Rules be adopted. Commissioner Noble asked for clarification between the participation of parties and interested persons in the hearing process. Mr. Grantham said that an interested person can attend the pre-hearing conference and hearing but to participate they must become a party. Commissioner Noble asked about the 180-day window to hold the hearing and the ability of the Hearing Officer to use the water court rules, noting that the time frame in the water court rules is not consistent with those in the proposed procedural rules. Mr. Grantham explained that the setting of procedural dates is done at his discretion while working with the parties. Commissioner Noble moved to adopt the proposed rules as presented. Commissioner Tietmeyer seconded the motion which passed unanimously. Ground Water Commission Meeting Minutes Page 9 February 16, 2018 Chairman Valdez called for agenda item no. 9, the staff activity report. Mr. Keith Vander Horst addressed the Commission. He went over his written report. Mr. Vander Horst noted that there were 2 new hearing cases, 18-GW-01 involves Meridian Service Metro Districts application to amend their replacement plan to allow for a seventh underdrain. The second new case was an objection to an application by White Ranch for a new appropriation in the Southern High Plains, the objection has been withdrawn. He added that the Front Range Resource case remains on appeal before the Supreme Court. Mr. Vander Horst noted that four cases had been closed. On enforcement, Mr. Vander Horst advised the Commission that there were six new cases in the Northern High Plains, all dealing with over pumping in the 2017 season; orders to restrict 2018 pumping have been issued. In the Upper Black Squirrel Basin, one case has been resolved with the plugging and abandonment of an illegal well and the replacement of an associated well. The matter of Don Booker is ongoing, he is not being helpful. In the KiowaBijou Basin a complaint on possible illegal well use has been resolved with the well owner submitting and application to use the well as a small capacity well. He added that staff is in the initial stages of investigating a complaint in Upper Crow Creek Basin regarding some under ground pipelines. Mr. Vander Horst concluded his remarks with an update on the rule making for rules 5.6 and 5.8., noting that 14 parties had requested party status. He informed the Commission that there will be a rulemaking hearing in June in front of Jody Grantham. Mr. Vander Horst advised the Commission that he is in the process of re-writing the draft amending the rules in general based on input from public meetings. Chairman Valdez called for agenda item no. 10, the Attorney General’s report. Mr. Lopez advised the Commission the Cherokee Metropolitan case no. 08-GW-071, is back before the Hearing Officer after a nine year hiatus. In the matter of Meridian Metropolitan Service District, case no. 16-GW-05, regarding jurisdiction over surface water he informed the Commission that the parties had reached a stipulation, they just needed to write it up. Mr. Kowaleski noted a typographical error in the Report of the Attorney General on the Hutton case. He noted that the reference to the status conference should reflect that it was held in 2018 and that the next conference is also in 2018. Chairman Valdez called for agenda item no. 11, Management District Reports Mr. Nate Midcap, reporting for the Marks Butte, Frenchman, Sandhills and Central Yuma GWMD’s, reported that the fields were too muddy for any filed work to be conducted. He reported spending time working on the conservation conference referred to by Commissioner Rein. Mr. Kyle Sprouse, reporting for the W-Y GWMD, reported that his District is also working on conservation plans. He said that at present it looks like the plan will be a “banking plan”. They are to meet with specialists in the coming week. Ground Water Commission Meeting Minutes Page 10 February 16, 2018 Mr. Rod Mason, reporting for the Arikaree GWMD, reported that water levels are on a steady decline. He noted that 70% of the 25,000 acres to be retired for compact compliance are within the Arikaree District. Mr. Mason advised the Commission that his District was also concentrating on conservation. He closed his comments noting that his District could use more snow. Ms. Brandi Baquera, reporting for the Plains GWMD, reported that her District has been busy with a lot of meetings and a lot of conversation. Conversation not only about conservation but also about getting the Republican River District boundaries to agree with the model domain boundaries and bring in the well owners on the south end. She noted that she and the District Board have met with Mr. Midcap to discuss conservation ideas and they plan to meet with representatives from Kansas in the near future. She concluded her comments saying the static water levels appear to be on a steady decline. There was no report for the East Cheyenne GWMD. Mr. Blake Gourley, reporting for the Southern High Plains GWMD reported that his area had not received much snow but has had a lot of wind. There is nothing more to report. Mr. Robert Loose reporting for the North Kiowa Bijou GWMD, reported that the District continues to work with the owners of small capacity wells, educating them amount well use. He thanked Mr. Grimes for the resolution of the small capacity commercial well the Mr. Vander Horst discussed. Mr. Loose identified the Town of Wiggins water supply plan regarding the alluvial waters of Kiowa-Bijou and the South Platte River is the main concern of the Board at this time. He concluded saying that the Board is considering changing the small capacity rules to restrict small capacity wells to an annual appropriation of 1 acre-foot. Ms. Lisa Thompson, reporting for the Upper Black Squirrel GWMD, reported that they had a recent election where Mr. Dan Farmer had been elected to the Board and that Mr. Dave Doran had been selected as president. She said that the Board is looking more into the future and focusing on water quality issues. Ms. Thompson said that they are looking into conducting studies and expanding the monitoring network. She noted that the District had hired a water quality expert. Ms. Thompson concluded her report noting the return of the Cherokee matter, case no. 08-GW-71 and the potential effects on the District. Mr. David Taussig reporting for the Upper Big Sandy GWMD, reported that they expect the ongoing study regarding the alluvial/bedrock interaction to be completed by April. He said that preliminary reports show that there is a connection and that the alluvium is losing water to the bedrock formation. Mr. Taussig said that the District metering program continues to move forward. He reported that the District had approved an agreement with the Colorado Department of Health, allowing them to monitor the water quality, specifically selenium, in the Districts monitoring wells. Mr. Taussig said that the District would like to see the Commission keep an eye on the proposed aquifer storage and recovery legislation because of its effects on what a replacement plan is. He concluded his remarks on a matter in the Republican River Basins. Mr. Taussig said that Judge Hartman had ruled against the Hutton Foundation, dismissing the simple change application for the Tip Jack Ditch. Mr. Tom Sauter, reporting for the Lost Creek GWMD, reported that the Board is considering tightening the rules for small capacity wells. Currently land owners are allowed 0.4 acre-feet per Ground Water Commission Meeting Minutes Page 11 February 16, 2018 house for no more than two houses or 0.8 acre-feet, on a tract of land. He said that people have been abusing that by saying they will have two houses when that is not the intent. The Board intends to tighten this up. Mr. Sauter reported that the District had received a grant from the Colorado Water Conservation Board for an aquifer monitoring program they have started. They plan to use this grant money to expand the program begun last summer. Responding to questions from Commissioner Farmer Mr. Sauter commented that the Basin is being studied for water storage and recovery. He continued that water quality, especially degradation is a big issue. There was no report for Upper Crow Creek Basin. Ms. Deb Daniel, reporting for the Republican River Water Conservation District, addressed the Commission. She said that the Water Preservation Partnership (‘WPP’) is an entity designed to keep the channels of communication between the Districts open. She said that each District, the Republican River Conservation District (‘RRWCD’) and another organization called CAPA each have a representative. Ms. Daniel said that this meeting was designed to have legal counsel and the Office of the State Engineer available to answer questions on legal/liability and administrative concerns. Ms. Daniel advised the Commission that no information has been received regarding the petition to amend the CREP program which the RRWCD filed February 28, 2017. She hopes that things will be finalized by April or May, if not they plan to get Colorado’s Senators and Representatives involved. Ms. Daniel informed the Commission that the RRWCD had purchased a farm with the intent of cancelling some wells next to the Arikaree River that were points of diversion for senior surface water rights. It was just sold as dry land farm, removing 580 acre-feet and 340 acres from the irrigation books. She went on to say that the South Fork Republican Restoration Coalition applied for a grant from the Colorado Water Conservation Board and received a grant of $99,000 toward cleaning up the mess at Bonny Dam. Ms. Daniel said that the RRWCD, a part of the group, is asking that the project begin at the State Line and proceed through Flagler. Ms. Daniel said that the RRWCD budget committee will be meeting to review the water use fee, basing the fee on acre-feet pumped and not irrigated acres. Chairman Valdez called for agenda item no. 12, old business, Mr. Vander Horst advised the Commission that this item was discussed under the Attorney General’s Report. Chairman Valdez called for agenda item no. 13, new business. Mr. Jody Grantham informed the Commission that a publication notification list had been created. The purpose of this list is to notify those persons on the list of any applications to be published. The notification includes the Basin, the applicant’s name, the type of application, the name of the paper the notice is to be published in and the dates of the publication. He went on to say that this does not eliminate the official publication. Ground Water Commission Meeting Minutes Page 12 February 16, 2018 Mr. Dave Taussig addressed the Commission on the topic of the notification list. He said that the notification does not provide any information regarding the application such as location or the amount of water involved. He would like to see the applications on the website. Mr. Grantham responded stating that according to statute the application needs to be published in a legal newspaper and it is believed that the newspapers rely on the income. It is the opinion that if you are interested you need get the paper and read the notice. Commissioner Farmer expressed his desire to see the Commission more involved in water quality concerns, especially those related to aquifer storage and recovery plans. Commissioner Rein asked the Commissioners if they would be interested in receiving training on the interrelationship between different authorities on water quality matters. Chairman Valdez called for agenda item no. 14, public comment, there was none. There being no further business the meeting adjourned. Respectfully submitted, Richard A Nielsen, P.E., Secretary Colorado Ground Water Commission Minutes_4-9-2018_Draft.docxMINUTES MINUTES SPECIAL MEETING COLORADO GROUND WATER COMMISSION APRIL 9, 2018 A Special Meeting of the Colorado Ground Water Commission took place on April 9, 2018, at the Centennial Building, 1313 Sherman St, Room 814, Denver, Colorado. The purpose of the meeting was the Continuation of the Hearing on a proposal to amend Rule 7.4, to prevent a well from increasing depletions of designated ground water beyond the well’s historical depletions when changing the description of irrigated acres allowed to be irrigated by the well, Case no. 17-GW-04. Attendance was available by phone. Chairman Valdez called the meeting to order at 8:00 a.m. Secretary Nielsen called the roll and determined that a quorum was present. Commission members present were Steve Kramer and Scott Tietmeyer. Commissioners present by phone were Marc Arnusch, Angela Fowler, Greg Larson, Jim Noble, Virgil Valdez, Kevin Rein, and Amy Moyer (on behalf of Robert Randall). Staff members present were Keith Vander Horst, Chris Grimes, Rick Nielsen, Dave Keeler was present by phone. Also present were Jody Grantham, Hearing Officer, Jeff Candrian, A.G. for the Commission, Philip Lopez, A.G. for staff. Members of the public were also present in person and on the phone. Mr. Keith Vander Horst addressed the Commission. He provided a history of the proposal to amend Rule 7.4 before the Commission today. Mr. Vander Horst noted that, as requested by the Commission at the February meeting, the latest version provides the applicant the opportunity to decide on the methodology to be implemented for their application to change the description of irrigated acres. He informed the Commission that the applicant can choose between a historic consumptive use or the historic number of irrigated acres analysis. Mr. Vander Horst also advised the Commission that the Basis and Purpose had, with the proposed rule change, also been updated on February 28, 2018. Commissioner Kramer asked Mr. Vander Horst what effect the proposed rule change would have on staff’s workload. Mr. Vander Horst responded that if the proposed rule change passed there would be an increase in the workload of Commission Staff. In response to a comment of Commissioner Kramer, Mr. Vander Horst confirmed that staff recommends the proposed change. Responding to a question of Commissioner Valdez, Mr. Vander Horst stated that Ms. Lisa Thompson and Ms. Leila Behnampour were not involved in drafting the proposed rule. He went on to say that they did provide comments during the stakeholder process. Chairman Valdez closed the public hearing and the Commission began deliberations. Commissioner Tietmeyer moved to adopt amended Rule 7.4 as presented, together with the Basis and Purpose, both as written February 28, 2018 and to implement the rule change for those applications received after this date. Commissioner Kramer seconded the motion which passed unanimously. 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 2 April 9, 2018 Minutes_4-9-2018_Draft.pdfMINUTES MINUTES SPECIAL MEETING COLORADO GROUND WATER COMMISSION APRIL 9, 2018 A Special Meeting of the Colorado Ground Water Commission took place on April 9, 2018, at the Centennial Building, 1313 Sherman St, Room 814, Denver, Colorado. The purpose of the meeting was the Continuation of the Hearing on a proposal to amend Rule 7.4, to prevent a well from increasing depletions of designated ground water beyond the well’s historical depletions when changing the description of irrigated acres allowed to be irrigated by the well, Case no. 17-GW-04. Attendance was available by phone. Chairman Valdez called the meeting to order at 8:00 a.m. Secretary Nielsen called the roll and determined that a quorum was present. Commission members present were Steve Kramer and Scott Tietmeyer. Commissioners present by phone were Marc Arnusch, Angela Fowler, Greg Larson, Jim Noble, Virgil Valdez, Kevin Rein, and Amy Moyer (on behalf of Robert Randall). Staff members present were Keith Vander Horst, Chris Grimes, Rick Nielsen, Dave Keeler was present by phone. Also present were Jody Grantham, Hearing Officer, Jeff Candrian, A.G. for the Commission, Philip Lopez, A.G. for staff. Members of the public were also present in person and on the phone. Mr. Keith Vander Horst addressed the Commission. He provided a history of the proposal to amend Rule 7.4 before the Commission today. Mr. Vander Horst noted that, as requested by the Commission at the February meeting, the latest version provides the applicant the opportunity to decide on the methodology to be implemented for their application to change the description of irrigated acres. He informed the Commission that the applicant can choose between a historic consumptive use or the historic number of irrigated acres analysis. Mr. Vander Horst also advised the Commission that the Basis and Purpose had, with the proposed rule change, also been updated on February 28, 2018. Commissioner Kramer asked Mr. Vander Horst what effect the proposed rule change would have on staff’s workload. Mr. Vander Horst responded that if the proposed rule change passed there would be an increase in the workload of Commission Staff. In response to a comment of Commissioner Kramer, Mr. Vander Horst confirmed that staff recommends the proposed change. Responding to a question of Commissioner Valdez, Mr. Vander Horst stated that Ms. Lisa Thompson and Ms. Leila Behnampour were not involved in drafting the proposed rule. He went on to say that they did provide comments during the stakeholder process. Chairman Valdez closed the public hearing and the Commission began deliberations. Commissioner Tietmeyer moved to adopt amended Rule 7.4 as presented, together with the Basis and Purpose, both as written February 28, 2018 and to implement the rule change for those applications received after this date. Commissioner Kramer seconded the motion which passed unanimously. There being no further business the meeting adjourned. Respectfully submitted, Richard A Nielsen, P.E., Secretary Colorado Ground Water Commission PacketMemo2018May.docx Ground Water Commission 1313 Sherman Street, Room 821 Denver, CO 80203 May 8, 2018 MEMORANDUM TO: Ground Water Commission Members FROM: Keith Vander Horst, Chief of Water Supply - Basins SUBJECT: May 18, 2018 Ground Water Commission Meeting The upcoming Ground Water Commission meeting scheduled for 10:00 a.m. on Friday, May 18, 2018, will be in the Town of Castle Rock Utilities Department, Building 183, 175 Kellogg Ct., Castle Rock, CO 80109. Please find attached the following. Meeting agenda Draft minutes of the last Commission meetings of February 16, 2018 and April 9, 2018, Agenda Item No. 3 Staff Activity Report, Agenda Item No. 7 Attorney General’s Report, Agenda Item No. 8 A proposed order of the Commission regarding the “Petition For Determination of Jurisdiction Over Surface Water Within the Upper Black Squirrel Creek Designated Ground Water Basin” (case no. 16GW05), Agenda Item 10.a. Other documents involving this petition, such as the petition itself, are available on the ftp site: https://dnrftp.state.co.us/#/DWR/Hearings/Meridian%20Jurisdiction%20Petition%2016GW05/https://dnrftp.state.co.us/#/DWR/Hearings/Meridian%20Jurisdiction%20Petition%2016GW05/ Hearing Officer's Report Please contact Rick Nielsen or myself if there are any questions about the Commission meeting. cc:Commission Staff Designated Ground Water Management Districts PacketMemo2018May.pdf Ground Water Commission 1313 Sherman Street, Room 821 Denver, CO 80203 May 8, 2018 MEMORANDUM TO: Ground Water Commission Members FROM: Keith Vander Horst, Chief of Water Supply - Basins SUBJECT: May 18, 2018 Ground Water Commission Meeting The upcoming Ground Water Commission meeting scheduled for 10:00 a.m. on Friday, May 18, 2018, will be in the Town of Castle Rock Utilities Department, Building 183, 175 Kellogg Ct., Castle Rock, CO 80109. Please find attached the following.  Meeting agenda  Draft minutes of the last Commission meetings of February 16, 2018 and April 9, 2018, Agenda Item No. 3  Staff Activity Report, Agenda Item No. 7  Attorney General’s Report, Agenda Item No. 8  A proposed order of