DWR_3364086

• Board or Commission: Colorado Ground Water Commission
• Document Type - Board and Commission Meetings: Meeting Document
• Document Date: 5/20/2016
• Subject: MEETING MATERIALS

to permit the ponds and develop a replacement plan. Mr. Vander Horst provided a short explanation to the question posed by Commissioner Farmer on how a replacement plan and permitting
of the ponds works.
Chairwoman Burr called for agenda item no. 8, the Attorney General’s report.
Ms. Jen Mele, reported that oral arguments in Gallegos will be later this year. She noted that the Hearing Officer granted staff’s motion to dismiss the Commission as defendant in Cherokee
case no. 15-GW-15, leaving Dick Wolfe as the sole defendant. Ms. Mele said that she is scheduling hearings on replacement plans and other matters through the end of 2016 and into 2017.
She closed her report advising the Commission that Axton <or the Roosters Club plan to add their ponds to a replacement plan. There were no questions of Ms. Mele.
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 the recent snow had slowed down the static water level measurements in his
districts. He has been busy with the water preservation partnership. Mr. Midcap advised the Commission that he and his neighbors were watching the Hutton Trust case closely. He closed
his comments thanking Chris Grimes for helping to gather the data he needed to file the Districts tax notices with the County Assessor.
Deb Daniel, for Jack Dowell and the W-Y GWMD advised the Commission that Jack has had help with measuring the static water levels and that he hopes to be done soon. She said that there
was also one (1) chemigation valve remaining to be repaired for this season.
Rod Mason, reporting for the Arikaree GWMD, reported that the snow amounts were varied throughout the district. He has not had any big surprises with the static water level measurements.
Mr. Mason reported that the Hutton case had added attorney hours so the District is implementing a $0.15 per acre-foot of water surcharge on all irrigation and commercial wells.
Ms. Brandi Baquera, reporting for the Plains GWMD, informed the Commission that she has noticed a slight rise in the static water levels. She said that folks in her district are concerned
about the Hutton lawsuit. In response to a question of Commissioner Burr, Ms. Baquera said that the installation of the totalizing flow meters is going smoothly because there is one
company installing them, the district wanted to be pro-active.
There was no report for the East Cheyenne GWMD.
Mr. Blake Gourley, reporting for the Southern High Plains GWMD reported that things were slow. He said that they had been experiencing summer weather and that he was looking forward
to snow and rain in March.
Mr. Robert Loose reporting for the North Kiowa Bijou GWMD, reported that his district had received a lot of snow but that the wind replaced it with tumble weeds. Mr. Loose again pointed
out that the Kiowa-Bijou District and Basin remains busy in the well permit activity. He <thanked Chris Grimes for arraigning all of the field inspections and for getting noncompliant
parties in the Basin to submit the required meter readings. Mr. Loose said that the board is closely watching the Rocky Mountain Roosters case because the ponds at the headwaters affect
the entire Kiowa-Bijou Basin. Responding to Commissioner Arnusch, Mr. Loose explained how a pond is similar to a well in effecting streams. Commission<er Sullivan said that is consistent
with how ground water is treated across the State.
Ms. Lisa Thompson, reporting for the Upper Black Squirrel GWMD, spoke to the Districts concerns over the potential changes to the water quality standards. She thanked Ms. Oeth and Mr.
Ross for the information they provided. Ms. Thompson said that she attended the stake holders meeting held by the Water Quality Control Commission (WQCC) to discuss the request of
Cherokee. Ms. Thompson said that the average Total Dissolved Solids (TDS) in the Basin are 200 to 300 ppm, excellent quality. The request by Cherokee is to raise that number to 500
ppm more. She said that these salts do not flush out of the closed basin, they just increase. Ms. Thompson reminded the Commission that crops are sensitive to the amount of salts
in the soil and that the policy of the WQCC is to protect the most sensitive crop. She said that the Commission and all the Districts should be concerned, be involved and become a
party. Ms. Thompson finished her remarks citing all the hearings that are coming up for Black Squirrel Basin.<
Ms. Tracy Doran reporting for the Upper Big Sandy GWMD, reported that the District is discussing amending it rules and is seeking a grant proposal for a water study of the alluvial –
bedrock interface in the Basin.
Mr. Tom Sauter, reporting for the Lost Creek GWMD, reported that export approval had been granted for fifteen (15) wells and that there were two (2) more under review. He said that
his District continues to oppose the replacement plan of Front Range Resources.
Mr. Scott Tietmeyer, reporting for Upper Crow Creek Basin, reported that the 8 inches of snow they received is recharging the aquifer, that Crow Creek is flowing at a rate of 15 to 20
CFS and that surface water is appearing in the Grover area. He informed the Commission that local irrigators in Wyoming are thinking of creating a management district in the Carpenter
area to create a replacement plan into the alluvium and White River. Mr. Tietmeyer closed his comments saying that residents continue to work on forming a ground water management district.
Ms. Deb Daniel, reporting for the Republican River Water Conservation District, reported that the Compact Compliance Pipeline delivered 10,760 acre-feet to Kansas in 2015. She commented
that if the Hutton case is successful, the State Engineer will have to shut down wells, local residents are paying attention now and getting involved. Ms. Daniel said that those wells
outside of the Republican River District but inside the official Republican boundary and being protected by the District will be a topic of discussion for a long time.
Ms. Daniel concluded her comments advising the Commission that she gave a tour of the pipeline to Kansas residents that did not know that Colorado and Nebraska are pumping ground water
into the Republican River for use in eastern Kansas. She said that they are upset about the way Kansas is handling the whole matter.
Chairwoman Burr called for agenda item no. 10, old business, being a discussion on Water Quality Control Commission’s rulemaking with respect to changing Cherokee Metropolitan District’s
discharge standards for Total Dissolved Solids.
Ms. Jen Mele addressed the Commission. She advised them that she and Keith Vander Horst had attended two stake holder meetings on the request. She noted that Cherokee discussed at
length, the costs of attaining various levels (400, 500 or 600) of TDS. She also noted that the second meeting was more contentious than the first.
Referencing the memorandum authored by herself and Mr. Vander Horst, Ms. Mele recommended that the Commission pay attention but not become a party to the case. She said that there are
no existing policies on situations such as this. Ms. Mele went on to say that the State Engineer does not offer himself or his office as an expert on water quality.
Mr. Vander Horst restated that staff is not an expert on water quality but said he and Ms. Mele will attend the meetings and hearings to represent the Commission and its position if
so directed.
Commissioner Farmer said that he feels that the Commission is already involved because of the Cherokee replacement plan. Rule 5.6 is there to prevent injury of water quality in the
operation of a replacement plan.
Mr. Vander Horst responded to Mr. Farmer saying that in review of replacement plans pursuant to Rule 5.6 we are saying the applicants need to follow the rules of the WQCC. What we are
talking about here is a request to change the rules of the WQCC.
Commissioner Farmer said that Cherokee has been out of compliance with the replacement plan for five (5) years. Ms. Mele said that Cherokee is out of compliance with the WQCC Rules,
not ours.
Commissioner Farmer said that this issue is going to be a statewide issue not just a Black Squirrel issue. That is what they want in Rule 41. He said that if we are not going to enforce
Rule 5.6 we should get it out of the Rules.
Commissioner Burr asked Ms. Oeth how to proceed for a party to allege injury directly to the WQCC. Ms. Oeth responded that the State Engineer and the CWCB both receive copies of the
proposed changes are asked to provide a response as to whether or not those changes will cause injury.
Commissioner Farmer read 25-8-102, C.R.S., part of the legislative declaration of the Water Quality Control Act into the record. He then said that the WQCC and GWC have allowed damage
to occur for five (5) years – we cannot remain neutral.
Mr. Robert Longenbaugh addressed the Commission. He said that the WQCC is charged with protecting the beneficial use of water from injury and that the GWC is the entity to be recognized
by the WQCC. Mr. Longenbaugh said that just downstream <of the infiltration ponds of Cherokee is land owned by the State Land Board, the people of the state, me.
In response to a question by Commissioner Farmer, Mr. Longnebaugh spoke to the effects of discharging 400 ppm of TDS into the infiltration basins. He said that as the water enters the
recharge basins the salt load increases, the salt has not dropped out during the recharge as the consultants originally said. Mr. Longenbaugh went on to say that Cherokee could not
pump their primary well in 2013 because of the salt concentration. He said that the salt concentration has risen from the 250 ppm to 280 ppm at designation in 1967 to over 500 today.
He said that the water levels have dropped forty (40) feet, that there is no place for the salt to go once it enters the aquifer, this is a closed basin.
Commissioner Arnusch said that as a farmer he fights the salts every year and wondered if staff has the expertise to take on this topic. Mr. Longenbaugh said that he does not believe
that the State Engineers office has the expertise needed to address this issue.<
Mr. Dave Tausig of Upper Big Sandy said that their Rule 13 is intended to preserve water quantity and quality. He said that there are advantages to being in the loop and asked the Commission
to have staff to stay involved in the issue.
Mr. Andrew Mc Clary, attorney for North Kiowa-Bijou agrees with Commissioner Farmer that this will be a statewide issue soon. He said that there are three (3) water and sanitation districts
that are going to be dumping on the upper end of the District and that water will be coming down to our farmers. He asked the Commission to become involved and take a position, if
you don’t do it now you will not be able to later.
Mr. Dave Doran addressed the Commission. He said that most of the Districts have rules speaking to water quality and asked that permits issued by the Commission support those rules.
Mr. Ernie Mikita spoke to the Commission saying that they need to get a handle on this before Colorado becomes another Flint Michigan.
Chairwoman Burr, summarized the discussion to two (2) points. First that staff has said they do not have expertise in water quality to address these issues. Second, that a many of
the Districts have incorporated the WQCC Rules into their Rules which were approved by the Commission and as a policy matter the Commission should protect water quality in the Designated
Basins. Chairwoman Burr asked if the Commission wants to become a party to the WQCC hearing to relax the standards for Cherokee Metropolitan District.
Commissioner Farmer commented that staff does not need expertise if they just follow the WQCC professionals and Cherokees experts.
Commissioner Farmer moved that the Commission become a party to the WQCC hearing on Cherokee’s request with the position of protecting vested water rights.
After discussion the motion was withdrawn without a second.
Commissioner Valdez moved that the Commission work with staff to develop a resolution to be submitted to WQCC in the Cherokee Hearing which explains the Ground Water Commissions position
that it is not in favor of any proposal that would degrade existing water quality standards in Designated Basins.
Commissioner Larson seconded the motion which passed unanimously.
Commissioner Sullivan asked Ms. Oeth the timeline for submitting the resolution. She responded that the deadline will be defined when the WQCC finalizes a notice of rule making hearing
and all the deadline dates for participation are officially set but that it will probably be early August. Mr. Sullivan noted that the Commission has a meeting in May to approve the
draft resolution.
Chairwoman Burr called for agenda item no. 11, new business.
Hearing Officer Grantham informed the Commission that the order designated him the hearing Officer for Designated Basins had never been signed. He presented the order to the Commission
asking them make it official.
Commissioner Valdez moved to appoint Mr. Grantham as the Hearing Officer for the Commission.
Commissioner Arnusch seconded the motion which passed unanimously.
Chairwoman Burr called for agenda item no. 12, public comment.
Mr. Ernie Mikita addressed the Commission. His concern is with the length of time that it is taking to bring Rocky Mountain Roosters (Axton) into compliance with Commission Rules.
Mr. Andy Mc Clary, attorney for the North Kiowa-Bijou GWMD, addressed the Commission. He said that the Commission needs to find a way to get people to follow the law. Regarding the
Axton property he said that they have 21-25 ponds that are not permitted. He believes that there has got to be a faster method. He offered t<o help in any way the District, can.
In response to a question posed by Commissioner Larson, Mr. Vander Horst explained the process that staff goes through with every notice of violation received and spoke to the issuance
of Cease and Desist Orders.
Mr. Loose noted that Division 1 had issued and order to cease and desist from flushing a well without a meter attached and he had to weld caps on the discharges of an unmetered fire
hydrant.
Mr. Pat Kowaleski cited the reason and statutory authority to go into executive session.
Commissioner Gourley moved to enter into executive session.
Commissioner Arnusch seconded the motion which passed unanimously.
Commissioner Valdez moved to exit executive session
Commissioner Larson seconded the motion which passed unanimously.
Mr. Pat Kowaleski advised that the only matter discussed in executive session was that cited for going into it being the Hutton Trust Court case. He also said that no decisions were
made or actions taken.
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 6
February 19, 2016
Minutes_2016-2-19.pdfMINUTES
MINUTES FIRST QUARTERLY MEETING COLORADO GROUND WATER COMMISSION FEBRUARY 19, 2016 The First Quarterly Meeting of the Colorado Ground Water Commission took place on February
19, 2016, 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, Carolyn Burr, Dan Farmer, Blake Gourley, Steve Kramer, Greg Larson, Scott Tietmeyer, Virgil
Valdez, Amy Laughlin (on behalf of Robert Randall), 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, Geoff Davis, Shannon Johnson, Andy Flor, Matt Sares 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, the agenda was approved as presented. Approval of
Minutes for Meeting of November 20, 2015, Chairwoman Burr asked if there were any corrections or additions to the minutes. Commissioner Sellers asked that the description of the importance
of aquifer storage in the report by Ted Kowalski on the State Water Plan be clarified. Commissioner Larson moved to approve the minutes as amended. Commissioner Farmer seconded the
motion which carried unanimously. Report of the Executive Director by Mike Sullivan Mr. Sullivan opened his remarks by advising the Commission that the Republican River Compact
Compliance Pipeline has been delivering water to the State Line since January 1st and will continue to do so until March then resume again in late October. He mentioned the creation
of an action plan with Kansas, noting that they have brought Nebraska in at this time. All states will meet next week. Mr. Sullivan said that the State Engineers Office is working
with the thirty (30) objectors to the Rio Grande Rules as published. He also advised the Commission that the Board of Examiners were having a hearing on March 17 & 18, 2016 regarding
proposed changes to their rules. If any Commissioners want to weigh in on the proposed changes they can locate information on the BOE website. Mr. Sullivan closed his comments informing
the Commission that the positions of Burr, Clever and Kramer expire on May 1st. He further noted that Commissioners Burr and Clever are term limited but that Commissioner Kramer may
make an application to be reappointed if he so wants. Ground Water Commission Meeting Minutes Page 2 February 19, 2016 Chairwoman Burr called for agenda item no. 5, Commissioners’
reports. Commissioner Kramer informed the Commission that the Water Preservation Partnership and the conservation group have been active and that their next meeting with the CSU representatives
is March 10th. Commissioner Burr introduced Joanie Green for an update on this years the De Novo legislation. Ms. Green began by stating that she is the representative for Lost Creek
Land and Cattle and Equus Farms. She said that this year they were starting the bill in the House and that they are reaching out and receiving support from management districts and
agriculture groups. She said that the bill should be presented soon. In response to a question of Ms. Burr, Ms. Green said that those present could let the legislature know of their
support by contacting their representatives and by volunteering to testify. Chairwoman Burr called for agenda item no. 6, Presentation on the Water Quality Control Commission’s Rulemaking
Procedures by Trisha Oeth and Andrew Ross Ms. Oeth identified herself as an administrator with the Water Quality Control Commission. Speaking to the matter of the Cherokee Metropolitan
District and its request, she said that the February 3, 2016 memorandum by staff is a good path to follow. She said that the process may be followed on the Commissions website, that
all meetings are streamed live and that all are welcome at the meetings and hearings as observer or party. Ms. Oeth advised the Commission that they may participate as a party if they
want to testify at the hearings. She said that the Water Quality Control Act prohibits rules that will materially injure a water right and if it is mentioned that the rule may injure
a water right, the Act requires consultation with the State Engineer and the Colorado Water Conservation Board, In response to a question of Commissioner Burr, Ms. Oeth responded that
that the specific issue at hand is a request and that the triennial review occurred in August of 2015. She said that Cherokee requested that the Commission consider a change to the
TDS standards, allowing for an increase in the discharge limits for Upper Black Squirrel Basin or as a site specific proposal at their recharge site. That request is to be heard in
August 2016. Chairwoman Burr called for agenda item no. 7, the staff activity report. Mr. Keith Vander Horst went over his written report. He noticed that because of new large capacity
permits being issued in the Southern High Plains, Camp Creek and Upper Crow Creek Basins, staff continues to process final permits. On the matter of pending hearings, Mr. Vander Horst
said that there were three new cases. The complaint by Cherokee Metropolitan District regarding the administration of its wells, and the Town of Kiowa and the Town of Strasburg objecting
to the annual appropriation limits on their final permits as published. Regarding enforcement Mr. Vander Horst reported that in the Northern High Plains only three (3) wells over pumped
in 2016 as compared to 5 in 2014, 13 in 2013 and 300 in 2012. He reported on an illegal commingling of wells in the Arikaree District. In Kiowa-Bijou Basin there were two instances
of illegal ponds. One owner is going to back-fill his and the other is going to permit the pond with a replacement plan. In the Upper Black Squirrel Basin, more ponds intercepting
surface run off were reported with some owners filling the ponds in and others planning on applying for a Ground Water Commission Meeting Minutes Page 3 February 19, 2016 well permit.
In the Blue Springs subdivision, in the Upper Black Squirrel Creek, some homeowners are going to back fill their ponds and a few are planning to permit the ponds and develop a replacement
plan. Mr. Vander Horst provided a short explanation to the question posed by Commissioner Farmer on how a replacement plan and permitting of the ponds works. Chairwoman Burr called
for agenda item no. 8, the Attorney General’s report. Ms. Jen Mele, reported that oral arguments in Gallegos will be later this year. She noted that the Hearing Officer granted staff’s
motion to dismiss the Commission as defendant in Cherokee case no. 15-GW-15, leaving Dick Wolfe as the sole defendant. Ms. Mele said that she is scheduling hearings on replacement
plans and other matters through the end of 2016 and into 2017. She closed her report advising the Commission that Axton or the Roosters Club plan to add their ponds to a replacement
plan. There were no questions of Ms. Mele. 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 the recent snow had slowed down the static water level measurements in his districts. He has been busy with the water preservation partnership.
Mr. Midcap advised the Commission that he and his neighbors were watching the Hutton Trust case closely. He closed his comments thanking Chris Grimes for helping to gather the data
he needed to file the Districts tax notices with the County Assessor. Deb Daniel, for Jack Dowell and the W-Y GWMD advised the Commission that Jack has had help with measuring the
static water levels and that he hopes to be done soon. She said that there was also one (1) chemigation valve remaining to be repaired for this season. Rod Mason, reporting for the
Arikaree GWMD, reported that the snow amounts were varied throughout the district. He has not had any big surprises with the static water level measurements. Mr. Mason reported that
the Hutton case had added attorney hours so the District is implementing a $0.15 per acre-foot of water surcharge on all irrigation and commercial wells. Ms. Brandi Baquera, reporting
for the Plains GWMD, informed the Commission that she has noticed a slight rise in the static water levels. She said that folks in her district are concerned about the Hutton lawsuit.
In response to a question of Commissioner Burr, Ms. Baquera said that the installation of the totalizing flow meters is going smoothly because there is one company installing them,
the district wanted to be pro-active. There was no report for the East Cheyenne GWMD. Mr. Blake Gourley, reporting for the Southern High Plains GWMD reported that things were slow.
He said that they had been experiencing summer weather and that he was looking forward to snow and rain in March. Mr. Robert Loose reporting for the North Kiowa Bijou GWMD, reported
that his district had received a lot of snow but that the wind replaced it with tumble weeds. Mr. Loose again pointed out that the Kiowa-Bijou District and Basin remains busy in the
well permit activity. He thanked Chris Grimes for arraigning all of the field inspections and for getting noncompliant parties in the Basin to submit the required meter readings.
Mr. Loose said that the board is closely watching the Rocky Mountain Roosters case because the ponds at the headwaters affect the entire Kiowa-Bijou Basin. Ground Water Commission
Meeting Minutes Page 4 February 19, 2016 Responding to Commissioner Arnusch, Mr. Loose explained how a pond is similar to a well in effecting streams. Commissioner Sullivan said that
is consistent with how ground water is treated across the State. Ms. Lisa Thompson, reporting for the Upper Black Squirrel GWMD, spoke to the Districts concerns over the potential
changes to the water quality standards. She thanked Ms. Oeth and Mr. Ross for the information they provided. Ms. Thompson said that she attended the stake holders meeting held by
the Water Quality Control Commission (WQCC) to discuss the request of Cherokee. Ms. Thompson said that the average Total Dissolved Solids (TDS) in the Basin are 200 to 300 ppm, excellent
quality. The request by Cherokee is to raise that number to 500 ppm more. She said that these salts do not flush out of the closed basin, they just increase. Ms. Thompson reminded
the Commission that crops are sensitive to the amount of salts in the soil and that the policy of the WQCC is to protect the most sensitive crop. She said that the Commission and all
the Districts should be concerned, be involved and become a party. Ms. Thompson finished her remarks citing all the hearings that are coming up for Black Squirrel Basin. Ms. Tracy
Doran reporting for the Upper Big Sandy GWMD, reported that the District is discussing amending it rules and is seeking a grant proposal for a water study of the alluvial – bedrock
interface in the Basin. Mr. Tom Sauter, reporting for the Lost Creek GWMD, reported that export approval had been granted for fifteen (15) wells and that there were two (2) more under
review. He said that his District continues to oppose the replacement plan of Front Range Resources. Mr. Scott Tietmeyer, reporting for Upper Crow Creek Basin, reported that the 8
inches of snow they received is recharging the aquifer, that Crow Creek is flowing at a rate of 15 to 20 CFS and that surface water is appearing in the Grover area. He informed the
Commission that local irrigators in Wyoming are thinking of creating a management district in the Carpenter area to create a replacement plan into the alluvium and White River. Mr.
Tietmeyer closed his comments saying that residents continue to work on forming a ground water management district. Ms. Deb Daniel, reporting for the Republican River Water Conservation
District, reported that the Compact Compliance Pipeline delivered 10,760 acre-feet to Kansas in 2015. She commented that if the Hutton case is successful, the State Engineer will have
to shut down wells, local residents are paying attention now and getting involved. Ms. Daniel said that those wells outside of the Republican River District but inside the official
Republican boundary and being protected by the District will be a topic of discussion for a long time. Ms. Daniel concluded her comments advising the Commission that she gave a tour
of the pipeline to Kansas residents that did not know that Colorado and Nebraska are pumping ground water into the Republican River for use in eastern Kansas. She said that they are
upset about the way Kansas is handling the whole matter. Chairwoman Burr called for agenda item no. 10, old business, being a discussion on Water Quality Control Commission’s rulemaking
with respect to changing Cherokee Metropolitan District’s discharge standards for Total Dissolved Solids. Ms. Jen Mele addressed the Commission. She advised them that she and Keith
Vander Horst had attended two stake holder meetings on the request. She noted that Cherokee discussed at length, the costs of attaining various levels (400, 500 or 600) of TDS. She