|
Loose, speaking on the Republican River, specifically regarding the owners of those lands to be dried up, he said to leave them something to manage. He said that his family had wells
<br /> taken in 2004 and 3 quarters of land dried up and it is not good. Mr. Robert Longenbaugh addressed the Commission. He advised the Commission that there are at least 2 studies on
<br /> the Ogallala aquifer that are in progress. One is looking at the level of cost to impose on pumping groundwater to motivate farmers to pump less water making the aquifer last longer.
<br /> Mr. Longenbaugh also mentioned a 7 state Ogallala aquifer study that is being headed by Colorado State University. He encouraged the Commissioners to get all the Ground Water Commission
<br /> Meeting Minutes Page 10 August 11, 2017 information that they can in thoughts that the information could help the Management Districts with their conservation measures. He offered
<br /> to help arrange a meeting for a presentation. Commissioner Rein said that he would work with staff to get that information and Commissioner Godbout said that he was the CWCB liaison
<br /> with CSU and would coordinate with staff as well. There being no further business the meeting adjourned. Respectfully submitted, Richard A Nielsen, P.E., Secretary
<br /> Colorado Ground Water Commission
<br />November 2017 GWC Enforcement Report.docx
<br />Enforcement Items and Actions
<br />For the period of August - November staff has responded to a number of complaints involving the perceived unpermitted use of wells and designated groundwater. Show cause letters and
<br /> subsequent field inspections have been used to verify well permit compliance for many of these issues.
<br />The matters described below have been determined to be violations occurring last quarter:
<br />NORTHERN HIGH PLAINS
<br />East Cheyenne GWMD
<br />Staff continues to work with Allen Schutte to resolve violations associated with his feedlot. Mr. Schutte has been using two irrigation wells to serve a 4,000 head feedlot. Mr. Schutte
<br /> has indicated that his well permits were granted a change of use 30 years ago and he has only used the wells in the feedlot. Staff has given Mr. Schutte until mid-November to provide
<br /> appropriate documentation verifying his claims, apply for appropriate well permits, or cease the unpermitted uses.
<br />Central Yuma GWMD
<br />Brent Deterding was found to have been irrigating expanded acres without GWC authorization. Mr. Deterding responded to our show cause letter, acknowledging the violation, and he has
<br /> agreed to place permanent stops in this field to ensure the pivot does not irrigate over what the well permit allows. As the well is off for the year, staff will confirm compliance
<br /> in the spring.
<br />Keller Cattle Company has operated in compliance with their well’s 2017 overpumping order, pumping under the reduced allocation allowed for 2017. The associated well will be allowed
<br /> to return to its permitted allocation in 2018.
<br />Drullinger Trust has operated in compliance with the well’s 2017 overpumping order, pumping under the reduced allocation allowed for 2017. The associated well will be allowed to return
<br /> to its permitted allocation in 2018.
<br />Arikaree GWMD
<br />Nadine Renzelman has operated in compliance with her well’s 2017 overpumping order, pumping under the reduced allocation allowed for 2017. The associated well will be allowed to return
<br /> to its permitted allocation in 2018.
<br />KIOWA BIJOU
<br />Susan Naughton was verified to be using a small capacity well to fill a fish pond on her property. A show cause letter was sent to Ms. Naughton, and she has signed a statement agreeing
<br /> to only use the well for the permitted uses. Staff will be verifying compliance in the field. <
<br />UPPER BLACK SQUIRREL
<br />Upper Black Squirrel Creek GWMD
<br />It was reported that the tenant (Dean Goss) on property owned by JT Johnson Properties has been using an irrigation well that had previously been required to be plugged and abandoned.
<br /> On October 12th Staff sent a show cause letter to the owner and tenant indicating that within 30 days we would need evidence of well abandonment or documentation verifying the structure
<br /> was legally permitted. Confusion in the permit file over which well structure is the legal well structure is cause for allowing the 30 days so that the owners/tenants and their attorneys
<br /> may have sufficient time to take appropriate action.
<br />Staff has received a number of complaints associated with the use of domestic wells for the cultivation of commercial marijuana/hemp. We have sent out certified show cause letters (along
<br /> with an associated well use questionnaire) on each of these complaints. Most of these complaints have been resolved, however the following owners have not responded to our letters:
<br />Yolanda Lopez Bequer
<br />Eddy Machado
<br />Field inspections have not been performed to confirm the well permit violations on the properties owned by the two owners above. Until that occurs, we will not be proceeding with any
<br /> additional action. Staff has informed the El Paso County Sheriff’s office of the issue.
<br />Donald Tran responded to our certified letter and indicated that Tran Farms was using a domestic well in an outdoor hemp grow (< 1 acre) to determine if cultivation of outdoor hemp was
<br /> viable. Dept of Ag. performed an inspection of the operation and determined the plants failed. Mr. Tran indicated that they would be trying again next year. Staff informed the owner
<br /> that an irrigation well permit would be needed for that use and we would be following up on the well’s use in the spring. Mr. Tran indicated that he would be seeking the appropriate
<br /> well permit, and he has scheduled an appointment with staff on November 14th to go discuss the applications/process.
<br />The District reported that recent excavations in the Bracket Creek on property owned by Calvin and Patricia Jolly has resulted in creation of a pond. The owners responded to our September
<br /> 11th show cause letter indicating that the pond in question was allowed under livestock registration 94CW0044, and the recent work observed was to clean out silt and cattails. Staff
<br /> reviewed the water right and while it does appear to be associated with the pond in question, the pond’s size appears to be larger than that allowed under the registration. Staff has
<br /> informed the property owners that the pond’s size will need to be reduced to be in compliance with the livestock registration, and that staff would be performing a field inspection
<br /> to confirm compliance.
<br />A complaint has been filed against Erik Newsholme alleging that he has illegally expanded a pond that exists on his property. Staff has investigated the matter and we have been unable
<br /> to locate any associated water right/registration. The pond -- located partially on Mr. Newsholme’s property and partially on property owned by the individual that filed the complaint
<br /> -- appears to be an illegal structure. <On October 9th staff sent a show cause letter to Mr. Newsholm and the adjacent land owner (Randy Sigley). The landowners will be required to
<br /> either apply for a well permit and replacement plan or backfill/breach the pond.
<br />The district has reported that Terry Naber has excavated ponds on his property without a well permit/water right. In addition the district claims that Mr. Naber is using a domestic well
<br /> in his automotive salvage yard business. A show cause letter was sent to Mr. Naber on August 17th. Mr. Naber and his attorney promptly responded to staff’s letter, and they are in
<br /> the process of applying for a small cap. commercial well permit to resolve the well violation. With regard to the excavations recently observed, Mr. Naber has stated that as a result
<br /> of zoning concerns, El Paso County has instructed that he move vehicles to the opposite side of the salvage yard, and this has been cause for some “dirt work” to fill in low spots on
<br /> the property; however, no new ponds have been created. There is an existing pond on the property that Mr. Naber’s attorney believes has a valid water right. Staff has been unable
<br /> to track down this water right and we are waiting appropriate documentation from Mr. Naber to confirm this.
<br />PacketMemo2017Nov.docx
<br />Ground Water Commission
<br />1313 Sherman Street, Room 821
<br />Denver, CO 80203
<br />October 24, 2017
<br />MEMORANDUM
<br />TO: Ground Water Commission Members
<br />FROM: Keith Vander Horst, Designated Basins Team
<br />SUBJECT: November 3, 2017 Ground Water Commission Meeting
<br />The upcoming Ground Water Commission meeting scheduled for 10:00 a.m. on Friday, November 3, will be in the Town of Castle Rock Utilities Department, Building 183, 175 Kellogg Ct., Castle
<br /> Rock, CO 80109. The Town states persons should enter through “Gate C”. Ple<ase find attached the following.
<br />Meeting agenda
<br />Minutes of the last Commission meeting, Agenda Item No. 3
<br />Staff Activity Report, Agenda Item No. 8
<br />Attorney General’s Report, Agenda Item No. 9
<br />Hearing Officer's Report
<br />Proposed meeting dates for 2018
<br />A link to the ftp site containing requests for party status, the parties’ pre-hearing statements, and comments received from persons not party to the hearing, for the hearing on the
<br /> proposal to amend Rule 7.4, Agenda Item 6, was previously provided by email. That link is given below.
<br />https://dnrftp.state.co.us/https://dnrftp.state.co.us/#/DWR/Hearings/Rulemaking%207.4%2017GW04/
<br />Links to the ftp site containing the appellate briefs for the hearing on the appeals of the Initial Decisions of the Hearing Officer by the Strasburg Sanitation and Water District, and
<br /> Kiowa Water and Wastewater Authority, Agenda Item 7, were previously emailed to the Commissioners by the Hearing Officer. Those links are given below.
<br />Kiowa ftp site file location:
<br />https://dnrftp.state.co.us/https://dnrftp.state.co.us/#/DWR/Hearings/Kiowa%2016GW02/Appeal/Appeal%20Briefs/
<br />Strasburg ftp site file location:
<br />https://dnrftp.state.co.us/https://dnrftp.state.co.us/#/DWR/Hearings/Strasburg%20Sanitation%2016GW01/Appeal/Appeal%20briefs/Staff%20brief/
<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 />PacketMemo2017Nov.pdf
<br />
<br />QRTSTAT-2017Nov.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 />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 />LARGE CAPACITY PERMITS
<br />CHANGE OF WATER RIGHT
<br />LARGE CAPACITY PERMITS,
<br />LARGE CAPACITY PERMITS (NEW & REPLACEMENT)
<br />(INCLUES DETERMINATIONS OF WATER RIGHT)
<br />INCOMPLETE REURNED
<br />AUGUST 1, 2017 THROUGH OCTOBER 20, 2017
<br />105.00
<br />107.00
<br />111.00
<br />111.00
<br />28.00
<br />21.00
<br />9.00
<br />0.00
<br />0.00
<br />0.00
<br />1.00
<br />1.00
<br />2.00
<br />3.00
<br />40.00
<br />29.00
<br />7.00
<br />34.00
<br />8.00
<br />1.00
<br />0.00
<br />0.00
<br />7.00
<br />0.00
<br />22.00
<br />16.00
<br />1.00
<br />4.00
<br />1.00
<br />0.00
<br />0.00
<br />0.00
<br />1.00
<br />0.00
<br />15.00
<br />16.00
<br />3.00
<br />0.00
<br />6.00
<br />3.00
<br />0.00
<br />0.00
<br />0.00
<br />1.00
<br />10.00
<br />9.00
<br />3.00
<br />8.00
<br />0.00
<br />0.00
<br />0.00
<br />0.00
<br />2.00
<br />0.00
<br />1.00
<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 />5.00
<br />9.00
<br />1.00
<br />0.00
<br />6.00
<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 />0.00
<br />0.00
<br />0.00
<br />0.00
<br />0.00
<br />0.00
<br />121.00
<br />100.00
<br />25.00
<br />47.00
<br />21.00
<br />5.00
<br />1.00
<br />1.00
<br />12.00
<br />4.00
<br />121.00
<br />125.00
<br />4.00
<br />6.00
<br />4.00
<br />5.00
<br />48.00
<br />22.00
<br />7.00
<br />3.00
<br />3.00
<br />5.00
<br />12.00
<br />4.00
<br />2.00
<br />0.00
<br />0.00
<br />
<br />StaffReport2017Nov.docx
<br />Ground Water Commission
<br />1313 Sherman Street, Room 821
<br />Denver, CO 80203
<br />November 3, 2017 Meeting
<br />MEMORANDUM
<br />TO:Kevin Rein, Executive Director – Ground Water Commission
<br />FROM:Keith Vander Horst, Designated Basins Team Leader
<br />SUBJECT:Staff Activity Report for August 31, 2017 through October 20, 2017
<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 />121 small capacity new and replacement well permit applications were received
<br />125 small capacity new and replacement well permits were issued
<br />Large Capacity:
<br />48 large capacity new and replacement well permit applications, and Determination of Water Right applications, were received
<br />25 large capacity new and replacement well permits and Determinations of Water Rights were issued
<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 />12 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 Summary
<br />Below is a summary of the status of permits subject to Final Permitting as of October 20, 2017. The</ numbers do not include permits that are not subject to Final Permitting, such as
<br /> 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
<br /> 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
<br /> evaluation and/or issuance of a Final Permit.
<br />Final Permit Status as of October 20, 2017
<br />Basin
<br />Total Number of Permits
<br />Number of Final Permits Issued
<br />Number of Pending Conditional Permits
<br />Northern High Plains
<br />4096
<br />4096
<br />0
<br />Southern High Plains
<br />1225
<br />1194
<br />31
<br />Lost Creek
<br />372
<br />372
<br />0
<br />Kiowa-Bijou
<br />872
<br />868
<br />4
<br />Upper Big Sandy
<br />121
<br />121
<br />0
<br />Upper Black Squirrel Creek
<br />161
<br />154
<br />7
<br />Upper Crow Creek
<br />121
<br />112
<br />9
<br />Camp Creek
<br />51
<br />48
<br />3
<br />Total
<br />7019
<br />6965
<br />54
<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 />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 />Kiowa, Town of, 16GW02 (Final Permit)
<br />Lost Creek Dairy, 17GW02 (change use of Laramie-Fox Hills well)
<br />Lost Creek Dairy, 17GW03 (increase allocation of 2952-BD)
<br />Meridian Service Metro Dist., 09GW11 (change of use of Denver Basin rights)
<br />Meridian Service Metro Dist., 16GW05 (Petition for determination of jurisdiction)
<br />Rule 7.4 amendment, 17GW04 (Rulemaking)
<br />Strasburg, Town of, 16GW01 (Final Permit)
<br />Upper Crow Creek Parties, 17GW01 (creation of a ground water management district)
<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 />Completed during the last quarter
<br />None
<br />Enforcement Items and Actions
<br />For the period of August - October, staff has responded to a variety of complaints involving the perceived unpermitted use of wells and designated groundwater. Show cause letters and
<br /> subsequent field inspections have been used to verify well permit compliance in many instances.
<br />The issues described below were determined to require action during the last quarter.
<br />NORTHERN HIGH PLAINS
<br />East Cheyenne GWMD
<br />Staff continues to work with Allen Schutte to resolve violations associated with his feedlot. Mr. Schutte has been using two irrigation wells to serve a 4,000 head feedlot. Mr. Schutte
<br /> has indicated that his well permits were granted a change of use 30 years ago and he has only used the wells in the feedlot. Staff has given Mr. Schutte until mid-November to provide
<br /> appropriate documentation verifying his claims, apply for appropriate well permits, or cease the unpermitted uses.
<br />Central Yuma GWMD
<br />Brent Deterding was found to have been irrigating expanded acres without GWC authorization. Mr. Deterding responded to our show cause letter, acknowledging the violation, and he has
<br /> agreed to place permanent stops in this field to ensure the pivot does not irrigate over what the well permit allows. As the well is off for the year, Staff will confirm compliance
<br /> in the spring.
<br />Keller Cattle Company has operated in compliance with their well’s 2017 over pumping order, pumping under the reduced allocation allowed for 2017. The associated well will be allowed
<br /> to return to its permitted allocation in 2018.
<br />Drullinger Trust has operated in compliance with the well’s 2017 over pumping order, pumping under the reduced allocation allowed for 2017. The associated well will be allowed to return
<br /> to its permitted allocation in 2018.
<br />Arikaree GWMD
<br />Nadine Renzelman has operated in compliance with her well’s 2017 over pumping order, pumping under the reduced allocation allowed for 2017. The associated well will be allowed to return
<br /> to its permitted allocation in 2018.
<br />KIOWA BIJOU
<br />Susan Naughton was verified to be using a small capacity well to fill a fish pond on her property. A show cause letter was sent to Ms. Naughton, and she has signed a statement agreeing
<br /> to only use the well for the permitted uses. Staff will be verifying compliance in the field.
<br />UPPER BLACK SQUIRREL
<br />Upper Black Squirrel Creek GWMD
<br />It was reported that the tenant (Dean Goss) on property owned by JT Johnson Properties has been using an irrigation well that had previously been required to be plugged and abandoned.
<br /> On October 12th Staff sent a show cause letter to the owner and tenant indicating that within 30 days we would need evidence of well abandonment or documentation verifying the structure
<br /> was legally permitted. Confusion in the permit file over which well structure is the legal well structure is cause for allowing the 30 days so that the owners/tenants and their attorneys
<br /> may have sufficient time to take appropriate action.
<br />Staff has received a number of complaints associated with the use of domestic wells for the cultivation of commercial marijuana/hemp. We have sent out certified show cause letters (along
<br /> with an associated well use questionnaire) on each of these complaints.
<br />Most of these complaints have been resolved.
<br />Owners Yolanda Lopez Bequer and Eddy Machado have not responded to our letters. Field inspections have not been performed to confirm the well permit violations on the properties owned
<br /> by the two owners above. Until that occurs, we will not be proceeding with any additional action. Staff has informed the El Paso County Sheriff’s office of the issue.
<br />Donald Tran responded to our certified letter and indicated that Tran Farms was using a domestic well in an outdoor hemp grow (< 1 acre) to determine if cultivation of outdoor hemp was
<br /> viable. The Department of Agriculture performed an inspection of the operation and determined the plants failed. Mr. Tran indicated that they would be trying again next year. Staff
<br /> informed the owner that an irrigation well permit would be needed for that use and we would be following up on the well’s use in the spring. Mr. Tran indicated that he would be seeking
<br /> the appropriate well permit, and he has scheduled an appointment with staff on November 14th to go discuss the applications/process.
<br />The District reported that recent excavations in the Bracket Creek on property owned by Calvin and Patricia Jolly has resulted in creation of a pond. The owners responded to our September
<br /> 11th show cause letter indicating that the pond in question was allowed under livestock registration 94CW0044, and the recent work observed was to clean out silt and cattails. Staff
<br /> reviewed the water right and while it does appear to be associated with the pond in question, the pond’s size appears to be larger than that allowed under the registration. Staff has
<br /> informed the property owners that the pond’s size will need to be reduced to be in compliance with the livestock registration, and that staff would be performing a field inspection
<br /> to confirm compliance.
<br />A complaint has been filed against Erik Newsholme alleging that he has illegally expanded a pond that exists on his property. Staff has investigated the matter and we have been unable
<br /> to locate any associated water right/registration. The pond -- located partially on Mr. Newsholme’s property and partially on property owned by the individual that filed the complaint
<br /> -- appears to be an illegal structure. On October 9th staff sent a show cause letter to Mr. Newsome and the adjacent land owner (Randy Sigley). The landowners will be required to
<br /> either apply for a well permit and replacement plan or backfill/breach the pond.
<br />The District has reported that Terry Naber has excavated ponds on his property without a well permit/water right. In addition the district claims that Mr. Naber is using a domestic well
<br /> in his automotive salvage yard business. A show cause letter was sent to Mr. Naber on August 17th. Mr. Naber and his attorney promptly responded to staff’s letter, and they are in
<br /> the process of applying for a small cap. commercial well permit to resolve the well violation. With regard to the excavations recently observed, Mr. Naber has stated that as a result
<br /> of zoning concerns, El Paso County has instructed that he move vehicles to the opposite side of the salvage yard, and this has been cause for some “dirt work” to fill in low spots on
<br /> the property; however, no new ponds have been created. There is an existing pond on the property that Mr. Naber’s attorney believes has a valid water right. Staff has been unable
<br /> to track down this water right and we are waiting appropriate documentation from Mr. Naber to confirm his claims.
<br /> Other
<br />At its August 11 meeting the Commission authorized Staff and the Hearing Office to proceed with the formal process on amending Rules 5.6 and 5.8. The formal rulemaking process is initiated
<br /> by <filing a notice of rulemaking hearing with the Secretary of State and publication in the Colorado Register. <Staff and its Attorney General are finalizing the wording of the proposed
<br /> amended rules and a proposed statement of basis and purpose, and along with the Hearing Officer are finalizing the Notice of Public Rulemaking Hearing and associated hearing process.
<br /> Staff will be filing a notice of rulemaking with the Secretary of State shortly.
<br />###
<br />
<br />
<br />Staff Activity ReportPage 2
<br />November 3, 2017
<br />StaffReport2017Nov.pdf
<br />
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