DWR_3364085 - Laserfiche WebLink

Home Search

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%2016G W0 5/  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 QRTSTAT-2018May.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 AP NP AU AR AD & AW CHANGE APPLICATIONS UPPER CROW CREEK TOTAL RECEIVED NEW ISSUED REPLACE ISSUED NEW RECEIVED DENIED & WITHDRAWN NORTHERN HIGH PLAINS SOUTHERN HIGH PLAINS UPPER BLACK SQUIRREL CREEK RESUBMITTED SMALL CAPACITY PERMITS REPLACEMENT CA CANCELED LARGE CAPACITY PERMITS CHANGE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) INCOMPLETE REURNED FEBRUARY 1, 2018 THROUGH APRIL 30, 2018 105.00 107.00 111.00 111.00 37.00 18.00 6.00 0.00 0.00 0.00 3.00 4.00 17.00 4.00 33.00 40.00 3.00 24.00 40.00 0.00 1.00 1.00 1.00 0.00 9.00 3.00 2.00 1.00 5.00 0.00 0.00 1.00 4.00 1.00 20.00 24.00 1.00 14.00 13.00 0.00 0.00 0.00 2.00 2.00 9.00 8.00 2.00 9.00 4.00 0.00 1.00 2.00 0.00 0.00 2.00 2.00 1.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 12.00 13.00 2.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 21.00 1.00 0.00 0.00 0.00 0.00 0.00 0.00 20.00 0.00 143.00 109.00 17.00 48.00 62.00 0.00 5.00 8.00 44.00 7.00 143.00 126.00 27.00 10.00 0.00 9.00 53.00 70.00 20.00 8.00 2.00 0.00 44.00 7.00 9.00 1.00 0.00 StaffReport2018May.docx Ground Water Commission 1313 Sherman Street, Room 821 Denver, CO 80203 May 18, 2018 Meeting MEMORANDUM TO:Kevin Rein, Executive Director – Ground Water Commission FROM:Keith Vander Horst, Chief of Water Supply - Basins SUBJECT:Staff Activity Report for February 1, 2018 through April 30, 2018 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: 143 small capacity new and replacement well permit applications were received 128 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 70 large capacity new and replacement well permits and Determinations of Water Rights were issued 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: 44 new change applications were received 7 change applications were approved Table 3 provides details on the individual pending change of water right applications. Final Permit Summary Below is a summary of the status of permits subject to Final Permitting as of April 30, 2018. The</ numbers do not include permits that are not subject to Final Permitting, such as for Denver Basin bedrock aquifer permits. Conditional permits counted in the table below that have not been issued Final Permits consist of either recently issued conditional permits for which the <well owner still has opportunity to use the well and prove up the conditional right and be issued a Final Permit, or older conditional permits that are still pending evaluation and/or issuance of a Final Permit. Final Permit Status as of April 30, 2018 Basin Total Number of Permits Number of Final Permits Issued Number of Pending Conditional Permits Northern High Plains 4088 4088 0 Southern High Plains 1225 1194 31 Lost Creek 372 372 0 Kiowa-Bijou 872 870 2 Upper Big Sandy 121 121 0 Upper Black Squirrel Creek 161 154 7 Upper Crow Creek 121 112 9 Camp Creek 51 48 3 Total 7011 6959 52 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) LGS Holding Group 2013 LLC, 18GW02 (29 applications for new appropriations in SHP) Meridian Service Metro Dist., 09GW11 (change of use of Denver Basin rights) Meridian Service Metro Dist., 16GW05 (Petition for determination of jurisdiction) Meridian Service Metro Dist., 18GW01 (amendment to replacement plan) Rail Land Company LLC, 18GW03 (determination of water rights in Lost Creek) Rules 5.6 & 5.8 amendment, 17GW05 (Rulemaking) Upper Crow Creek Parties, 17GW01 (creation of a ground water management district) Under appeal None Completed during the last quarter Front Range Resources, 13GW07 (replacement plan in Lost Creek) Rule 7.4 amendment, 17GW04 (Rulemaking) White Ranch, 17GW06 (new appropriation in SHP) Woodmen Hills, 03GW20, (new alluvial rights and a replacement plan) 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 many instances. The issues described below are active violations identified last quarter that have been resolved or are currently under review. NORTHERN HIGH PLAINS Plains GWMD In 2017, an irrigation well owned by the Thomas Schlosser was pumped in excess of the well’s allowable annual allocation as defined under the Final Permit. Staff has issued an over-pumping order, and in 2018 the well is allowed to divert no more than the allowable annual allocation as defined on the Final Permit minus the amount the well over-pumped in the 2017 water year. Staff continues to work with Joe Fritzler to correct violations associated with his three irrigation wells. The wells in question have been irrigating unpermitted descriptions of irrigated acres and expanded, unpermitted acres. Mr. Fritzler has submitted applications to change his description of acres, and we are working with him to ensure he can continue to irrigate within the confines of his permits. East Cheyenne GWMD In 2017, an irrigation well owned by Farmlands Partners LLC was pumped in excess of the well’s allowable annual allocation as defined under the Final Permit. Staff has issued an over-pumping order, and in 2018 the well is allowed to divert no more than the allowable annual allocation as defined on the Final Permit minus the amount the well over-pumped in the 2017 water year. Staff continues to work with Allen Schutte to address violations associated with his irrigation well permits. The wells in questions are currently being used in a 4,000 head feedlot (and have been for the last 30 years). Changing the use of these large capacity well permits is not a viable option; however, there are some other potential solutions. Mr. Schutte has hired an attorney and engineer to pursue these alternatives and he is working closely with our staff and the East Cheyenne GWMD to achieve compliance. Arikaree GWMD The GWMD reported that Kevin Shively was potentially using two small capacity wells for purposes inside a commercial greenhouse. Staff sent Mr. Shively a show cause letter in March and he promptly responded, indicating that the greenhouse is a temporary staging area for hemp seedlings and no water was used in the facility. He did indicate that he would like to the fill greenhouse’s storage tanks, but would not use the small capacity wells to do so; rather, he would seek city water to fill the tanks or change the description of an irrigation well. Staff is currently working with Mr. Shively to pursue a change to one of his irrigation wells, and we will be monitoring/field inspecting the small capacity wells this spring to ensure compliance. UPPER BLACK SQUIRREL CREEK Upper Black Squirrel Creek GWMD In November, Staff reported that Donald Tran had been using a domestic well in an outdoor hemp grow (< 1 acre). Following receipt of our letter, Mr. Tran agreed to discontinue the illegal use and seek an alternative water supply. In March, the District reported that Mr. Tran appeared to be preparing the ground for large scale irrigation. Staff sent Mr. Tran a letter on April 6th informing him of the report, and letting him know that staff would be inspecting the property to verify well permit compliance. We have not heard back from Mr. Tran. Staff will be performing an inspection in May to verify compliance. KIOWA BIJOU North Kiowa Bijou GWMD The District reported that the Town of Wiggins has been in violation of the meter administrative requirements associated with the Town’s change of use authorizations. Staff sent out a show cause letter on March 1, 2018. We received correspondence back from their attorney identifying how the Town will address each issue going forward. Staff will be working closely with the Town of Wiggins and the District to ensure ongoing compliance. SOUTHERN HIGH PLAINS Southern High Plains Staff received a complaint alleging that LGS Holdings Group 2013, LLC has performed recent excavations that have resulted in the exposure of groundwater. A show cause letter was sent to the owners on April 18, 2018, and we informed them that no pumping/use of groundwater may occur without prior issuance of a well permit by the GWC. The owners’ attorney contacted me on April 24th, indicating that their client’s recent excavations have resulted in a groundwater pond and they would be providing a written response in the coming weeks. Our office has received an application from the owners requesting a well permit for an excavated structure at the location in question, but we are still waiting for their attorney’s written response addressing specifics about this structure. Other The amendment to Rule 7.4 (case no. 17GW04) that the Commission approved on April 9, 2018 was filed with the Secretary of State and published in the Colorado Register. The rule change becomes effective on May 15, 2018. Due to the recent enactment of HB18-1199 the hearing before the Hearing Officer involving the amendment of Rules 5.6 and 5.8 (case no. 17GW05) originally scheduled for June 18-22, 2018 has been re-scheduled for August 20-24, 2018. This was done to allow time for Staff to re-write its proposed amendments to the rules considering HB18-1199, and the parties time to consider those revisions and file pre-hearing statements. Staff held public meetings on November 13 and December 18, 2017 to receive input on the October 4, 2017 version of its proposed amendment to the Designated Basin Rules. Staff is currently consulting with the AG’s office on Staff’s changes to its proposed amendments based on public input it received. Once Staff’s new draft is complete it will be distributed to the public and Staff will facilitate additional opportunity for public input on the new version of its proposed amendments. Staff Activity ReportPage 2 May 18, 2018 StaffReport2018May.pdf