|
also noted that the second meeting was more contentious than the first. Ground Water Commission Meeting Minutes Page 5 February 19, 2016 Referencing the memorandum authored by herself
<br /> 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
<br /> 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
<br /> 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
<br /> 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
<br /> 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
<br /> 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
<br /> 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
<br /> 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
<br /> 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
<br /> 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
<br /> 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
<br /> 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
<br /> 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
<br /> 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
<br /> 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
<br /> 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
<br /> 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.
<br /> Mr. Longenbaugh said that he does not believe that the State Engineers office has the expertise needed to address this issue. Ground Water Commission Meeting Minutes Page 6 February
<br /> 19, 2016 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
<br /> 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
<br /> 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
<br /> 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
<br /> 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
<br /> 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
<br /> 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
<br /> 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
<br /> 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.
<br /> 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
<br /> 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
<br /> 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
<br /> 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
<br /> 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
<br /> 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
<br /> 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
<br /> appoint Mr. Grantham as the Hearing Officer for the Commission. Commissioner Arnusch seconded the motion which passed unanimously. Ground Water Commission Meeting Minutes Page 7 February
<br /> 19, 2016 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
<br /> 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
<br /> 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
<br /> got to be a faster method. He offered to help in any way the District, can. In response to a question posed by Commissioner Larson, Mr. Vander Horst explained the process that staff
<br /> 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
<br /> 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
<br /> go into executive session. Commissioner Gourley moved to enter into executive session. Commissioner Arnusch seconded the motion which passed unanimously. Commissioner Valdez moved
<br /> 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
<br /> 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
<br /> submitted, Richard A Nielsen, P.E., Secretary Colorado Ground Water Commission
<br />PacketMemo2016May.docx
<br />Ground Water Commission
<br />1313 Sherman Street, Room 821
<br />Denver, CO 80203
<br />May 10, 2016
<br />MEMORANDUM
<br />TO:Ground Water Commission Members
<br />FROM:Keith Vander Horst, Designated Basins Team Leader
<br />SUBJECT:Upcoming Ground Water Commission Meeting
<br />The upcoming Ground Water Commission meeting is scheduled for 10:00 a.m. on Friday, May 20, 2016, at the Town of Castle Rock Council Chambers, 100 N. Wilcox, 2nd Floor, Castle Rock,
<br /> CO 80104. Please find provided herewith the following:
<br />Meeting agenda
<br />Minutes of the last Commission meeting, Agenda Item No. 5
<br />Staff Activity Report, Agenda Item No. 8
<br />The Attorney General’s Report, Agenda Item No. 9
<br />Draft resolution regarding water quality, and changes to the Water Quality Control Commission’s regulations regarding water quality standards, within designated basins, Agenda Item No.
<br /> 11.a
<br />Memo concerning review and amendment of the Designated Basin Rules, Agenda Item 12.a
<br />Hearing Officer's Report
<br />Please contact myself or Rick Nielsen if there are any questions about the Commission meeting.
<br />cc:Commission Staff
<br />Designated Ground Water Management Districts
<br />
<br />
<br />PacketMemo2016May.pdf
<br />
<br />QRTSTAT-2016May.xls QRTSTAT.XLS
<br />Print_Area_MI
<br />TABLE 1
<br />DESIGNATED BASINS BRANCH
<br />QUARTERLY ACTIVITY REPORT
<br />C.R.S. 37-90-
<br />BASIN
<br />RECEIVED
<br />ISSUED
<br />KIOWA BIJOU
<br />LOST CREEK
<br />CAMP CREEK
<br />UPPER BIG SANDY
<br />TOTAL
<br />SUMMARY OF APPLICATION ACTIVITY
<br />INCOMPLETE
<br />AP
<br />NP
<br />AU
<br />AR
<br />AD & AW
<br />CHANGE APPLICATIONS
<br />UPPER CROW CREEK
<br />TOTAL RECEIVED
<br />NEW ISSUED
<br />REPLACE ISSUED
<br />NEW RECEIVED
<br />DENIED & WITHDRAWN
<br />NORTHERN HIGH PLAINS
<br />SOUTHERN HIGH PLAINS
<br />UPPER BLACK SQUIRREL CREEK
<br />RESUBMITTED
<br />SMALL CAPACITY PERMITS
<br /> REPLACEMENT
<br />CA
<br />CANCELED
<br />CHANGE OF WATER RIGHT
<br />LARGE CAPACITY PERMITS,
<br />LARGE CAPACITY PERMITS (NEW & REPLACEMENT)
<br />(INCLUES DETERMINATIONS OF WATER RIGHT)
<br />LARGE CAPACITY PERMITS, NEW
<br />unk
<br /> FEBRUARY 1, 2015 THROUGH APRIL 30, 2016
<br />105.00
<br />107.00
<br />111.00
<br />111.00
<br />32.00
<br />20.00
<br />4.00
<br />0.00
<br />0.00
<br />0.00
<br />4.00
<br />3.00
<br />10.00
<br />2.00
<br />41.00
<br />23.00
<br />3.00
<br />7.00
<br />43.00
<br />0.00
<br />0.00
<br />1.00
<br />1.00
<br />1.00
<br />3.00
<br />4.00
<br />0.00
<br />4.00
<br />0.00
<br />0.00
<br />1.00
<br />0.00
<br />3.00
<br />0.00
<br />14.00
<br />5.00
<br />0.00
<br />5.00
<br />3.00
<br />0.00
<br />0.00
<br />0.00
<br />1.00
<br />0.00
<br />15.00
<br />10.00
<br />1.00
<br />2.00
<br />1.00
<br />0.00
<br />1.00
<br />0.00
<br />0.00
<br />1.00
<br />4.00
<br />3.00
<br />1.00
<br />0.00
<br />0.00
<br />0.00
<br />0.00
<br />0.00
<br />0.00
<br />0.00
<br />16.00
<br />17.00
<br />2.00
<br />0.00
<br />0.00
<br />0.00
<br />0.00
<br />0.00
<br />0.00
<br />0.00
<br />1.00
<br />1.00
<br />0.00
<br />0.00
<br />0.00
<br />0.00
<br />0.00
<br />0.00
<br />0.00
<br />0.00
<br />126.00
<br />83.00
<br />11.00
<br />18.00
<br />47.00
<br />0.00
<br />6.00
<br />4.00
<br />15.00
<br />4.00
<br />126.00
<br />94.00
<br />24.00
<br />51.00
<br />23.00
<br />13.00
<br />0.00
<br />15.00
<br />4.00
<br />9.00
<br />10.00
<br />0.00
<br />
<br />Resolution_WaterQuality.pdf
<br />RESOLUTION OF GROUND WATER COMMISSION Whereas, the Colorado Ground Water Commission is tasked with administration and enforcement of designated ground water throughout the state of Colorado
<br /> pursuant to §37-90-101 C.R.S. et seq.; and Whereas, the Colorado Ground Water Commission is tasked with protecting vested designated ground water rights pursuant to § 37-90-101 C.R.S.
<br /> et seq., and Whereas, the Water Quality Control Commission has existing standards for pollution of ground water which are contained in Regulation 41, 5 CCR 1002-41, as amended September
<br /> 11, 2012 and effective as of January 31, 2013 and Regulation 42, 5 CCR 1002-42, as amended June 9, 2014 and effective as of July 31, 2014; and Whereas, Rule 5.6.1.D of the Rules and
<br /> Regulations for the Management and Control of Designated Ground Water prohibits the unreasonable impairment of water quality in the context of replacement plans; and Whereas, the
<br /> Ground Water Commission is concerned about total dissolved solid contamination as well as the general degradation of water quality in designated basins and the potential of injury and
<br /> impacts to water users resulting from such contamination and degradation; and Whereas, ground water management districts and water users within designated basins around the state
<br /> are concerned that relaxed standards for allowed contaminant levels in designated ground water will degrade water quality and negatively impact water rights; and Whereas, the Ground
<br /> Water Commission desires to prevent the increase of contaminant levels in designated ground water now and in the future. Now, therefore be it resolved that the Colorado Ground Water
<br /> Commission is opposed to any proposal that degrades water quality within designated ground water basins and therefore is opposed to any change to a Water Quality Control Commission
<br /> regulation that results in a relaxation of existing water quality standards within designated ground water basins. ______________________________ Date: _______________________
<br /> Dick Wolfe, P.E. Executive Director Colorado Ground Water Commission
<br />StaffReport2016May.docx
<br />Ground Water Commission
<br />1313 Sherman Street, Room 821
<br />Denver, CO 80203
<br />May 20, 2016 Meeting
<br />MEMORANDUM
<br />TO:Dick Wolfe, Executive Director – Ground Water Commission
<br />FROM:Keith Vander Horst, Designated Basins Team Leader
<br />SUBJECT:Staff Activity Report for February 1, 2016 through April 30, 2016
<br />Various activities performed during the last quarter are briefly described below.
<br />New and Replacement Applications
<br />Table 1 provides a breakdown, by basin, of permitting activity for the last quarter. Permit activities are summarized as follows.
<br />Small capacity:
<br />126 small capacity new and replacement well permit applications were received
<br />94 small capacity new and replacement well permits were issued
<br />Large Capacity:
<br />24 large capacity new and replacement well permit applications, and Determination of Water Right applications, were received
<br />51 large capacity new and replacement well permits and Determinations of Water Rights were issued
<br />unknown large capacity well permits were canceled
<br />Table 2 provides details on the individual pending large capacity new and replacement permit applications and Determination of Water Right applications.
<br />Change Applications
<br />Table 1 also gives a breakdown, by basin, of change of water right application activities for the last quarter:
<br />15 new change applications were received
<br />4 change applications were approved
<br />Table 3 provides details on the individual pending change of water right applications.
<br />Final Permit Activities
<br />Below is a summary of the status of permits subject to Final Permitting as of April 30, 2016. Conditional permits counted in the table below that have not been issued Final Permits consist
<br /> of either recently issued conditional permits for which the applicant still has opportunity to use the well and prove up the conditional right and be issued a Final Permit, or older
<br /> conditional permits that had been on hold pending the implementation of Senate Bill 13-72 on August 7, 2013 and ended up not to be subject to that statutory change.<
<br />Final Permit Status as of April 30, 2016
<br />Basin
<br />Total Number of Permits
<br />Total Number of Final Permits Issued
<br />Percent
<br />Northern High Plains
<br />4096
<br />4096
<br />100%
<br />Southern High Plains
<br />1240
<br />1190
<br />96%
<br />Lost Creek
<br />372
<br />372
<br />100%
<br />Kiowa-Bijou
<br />872
<br />870
<br />99%
<br />Upper Big Sandy
<br />121
<br />121
<br />100%
<br />Upper Black Squirrel Creek
<br />163
<br />154
<br />94%
<br />Upper Crow Creek
<br />160
<br />97
<br />61%
<br />Camp Creek
<br />52
<br />48
<br />92%
<br />Total
<br />7076
<br />6948
<br />98%
<br />Objections/Hearings
<br />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,
<br /> preparation of pre-hearing statements, and otherwise worked on resolving these cases.
<br />Pending with the Commission
<br />Axton, Brett, 15GW05 (Arapahoe and Denver aquifer rights)
<br />Axton, Brett, 15GW06 (pond-wells and a replacement plan)
<br />Cherokee Metro Dist. & Meridian Service Metro Dist., 08GW71 (replacement plan)
<br />Cherokee Metro Dist., 08GW78 (change of use of alluvial well)
<br />Cherokee Metro Dist., 09GW15 (change of use of alluvial wells)
<br />Cherokee Metro Dist., 15GW15, (complaint on administration of wells)
<br />Einsphar, Gaylin, 15GW10 (reduction in acres and annual appropriation)
<br />Garner/Case/Seaton Realty/Cherokee MD, 15GW08 (change of use of alluvial well)
<br />Kiowa, Town of, 16GW02 (Final Permit)
<br />Meridian Service Metro Dist., 09GW11 (change of use of Denver Basin rights)
<br />Meridian Service Metro Dist., 15GW14 (replacement plan, alluvial drains)
<br />Strasburg, Town of, 16GW01 (Final Permit)
<br />Woodmen Hills, 03GW20, (new alluvial rights and a replacement plan)
<br />Under appeal
<br />Front Range Resources, 13GW07 (replacement plan in Lost Creek)
<br />Gallegos, 03GW06, (Request for de-designation in Upper Crow Creek)
<br />Completed during the last quarter
<br />Cervi Enterprises, 15GW13 (Determination of Water Right)
<br />Progressive Ag Management, 16GW03 (change of acreage)
<br />Enforcement Items and Actions
<br />For the period of February 2016 – May 2016 staff has responded to a number of complaints involving the perceived unpermitted use of wells and designated groundwater. Letters and field
<br /> inspections have been used to investigate the validity of, and pursue compliance with, both new and ongoing the complaints and violations.
<br />The matters described below have been determined to be violations occurring last quarter. Staff is in the process of working with the land owners/well owners to achieve compliance.
<br />KIOWA BIJOU
<br />(outside of the management district)
<br />Roy Hessler was found to have been using a small capacity well for unpermitted uses. Mr. Hessler has ceased the unpermitted use and he is seeking a determination of water right.
<br />Staff continues to work towards resolving issues involving unpermitted ponds throughout the Blue Springs Subdivision. Staff sent out show cause letters to subject land owners in October
<br /> of 2015 and performed field inspections in November and December of 2015 that resulted in some landowners breaching their dams/ponds while others claimed their ponds were natural or
<br /> had been in existence since the 1950’s. Recent discussions on erosion control dams and historic stock ponds have been beneficial in providing staff with direction, and staff is in the
<br /> process of addressing the issues and we will be consulting with the GWMD before addressing subsequent action with each individual owner via certified mail.
<br />###
<br />
<br />
<br />Staff Activity ReportPage 3
<br />May 20, 2016
<br />StaffReport2016May.pdf
<br />
|