DWR_3364088

• Board or Commission: Colorado Ground Water Commission
• Document Type - Board and Commission Meetings: Meeting Document
• Document Date: 11/15/2013
• Subject: MEETING MATERIALS

Enforcement Items and Actions
Enforcement actions performed by staff this quarter are summarized below

NORTHERN HIGH PLAINS

2013 Over Pumping Orders:
Staff has been working diligently to enforce the 286 over pumping orders issued in January of 2013, and we have been closely tracking each well’s pumping. At this time, there are three
wells in violation of their respective orders (staff previously identified eight, but those have since been resolved due to meter reading corrections). The Attorney General’s Office
will be filing a complaint against each owner this month. We intend to enforce the orders to the fullest, which include fines of up to $500 for every day a well exceeded its volumetric
limit in 2013.

With the 2013 water year ending on October 31, 2013, we are receiving and reviewing the end of year meter readings for every active large capacity well in the Republican River Basin.
It is possible we will see some more wells in violation of their 2013 orders, and we believe there will be some additional wells that over pumped in 2013 that did not over pump in
2012. Any additional wells discovered to have violated their 2013 over pumping orders may result in complaints filed against the owner(s). Any well that over pumps in 2013 will be
under order in 2014 for over pumping.

Plains GWMD
Bill Cure was found to have violated his 2013 over pumping order, pumping in excess of the volumetric stated for his well in said order. This well resides directly on the state line
(between Colorado and Nebraska), and it appears Mr. Cure has a valid permit for the same structure from each state for the same irrigated area. Staff is currently working on this matter
with the AG’s office and we hope to have it resolved soon.

Arikaree GWMD
Allen Liming was found to have violated his 2013 over pumping order, pumping 21.87 AF over the volumetric limit of 245.8 AF as stated in said order. The Attorney General’s Office will
be filing a complaint against Mr. Liming in November.

The District reported that Brad Terrell was operating his well to irrigate illegally expanded acres. Staff inspected the well, and associated acres, and it does not appear the well
is operating in violation of its permit. At this time, this matter is closed.

A cease and desist order was issued to Joe McCormick for using his large capacity well for unpermitted commercial purposes. Mr. McCormick has ceased the unpermitted use and assured our
office that he will only use the well for irrigation purposes until such a time as he has been approved for a change of use. Staff will be tracking this well’s use closely. Any violation
of the order will result in the matter being turned over to the AG’s office for violating the order.

W-Y GWMD
Francis Rogers was found to have violated his 2013 over pumping order, pumping 13.22 AF over the volumetric limit of 145.5 AF as stated in said order. The Attorney General’s Office
will be filing a complaint against Mr. Rogers in November.

Frenchman
Krueger Enterprises was found to have violated its 2013 over pumping order, pumping 41.69 AF over the volumetric limit of 359.4 AF as stated in said order. The Attorney General’s Office
will be filing a complaint against Krueger Enterprises in November.

KIOWA BIJOU

North Kiowa Bijou GWMD
The District reported that Wayne Mitchell was using his large capacity well to export water out of the district. In addition, it was reported that he has not had a 3rd party reporter
file his well’s meter readings as required pursuant to the well’s change of use authorization. Staff has sent Mr. Mitchell a “Show Cause” letter, and we have requested that he immediately
identify a 3rd party reporter to begin filing the appropriate reports. We have not yet heard from Mr. Mitchell.

The District reported that Comanche Farms has been operating two wells to irrigate illegally expanded acres. A “show cause” letter, which contained a Well Permit Compliance Notice, was
send to the owner. The owner promptly responded, stating that he has not irrigated any illegally expanded as claimed by the District. In addition, Comanche Farms provided us with a
signed Well Permit Compliance notice agreeing to only use the wells in compliance with their permits. From this point forward, if a well permit violation is verified, the wells will
be issued an immediate cease and desist order and the matter will be turned over to the AG’s office.

KVH

Memorandum
Upcoming Commission Meeting
Page 2

FRED A. HEFLEY, CHAIRMAN, Walsh; JON B. BROWNELL, VICE-CHAIRMAN, Hooper; EUGENE A. BAUERLE, Julesburg; ANNE J. CASTLE, Denver; DENNIS W. CORYELL, Burlington;
MICHAEL GROSS, Silt; RICHARD F. HUWA, Keenesburg; F. W. (BILL) KERKSIEK, Strasburg; ERNEST L. MIKITA, Calhan

COREY M. HUWA, Chairman, Roggen; GRANT H. BLEDSOE, Vice-Chairman, Wray; STEVE KRAMER, Bethune; VIRGIL VALDEZ, Alamosa;
C. MAX SMITH, Walsh; CAROLYN F. BURR, Denver; LARRY W. CLEVER, Grand Junction; EARNEST L. MIKITA, Calhan; GEORGE H. SCHUBERT, Calhan

Staff Activity Report Page 2
November 15, 2013 Commission Meeting

C. MAX SMITH, CHAIRMAN, Walsh; DENNIS W. CORYELL, VICE-CHAIRMAN, Burlington; GRANT H. BLEDSOE, Wray; LARRY W. CLEVER, Grand Junction;
EARNEST L. MIKITA, Calhan; DOUGLAS L. SHRIVER, Monte Vista; COREY M. HUWA, Roggen; FRANK P. JAEGER, Elizabeth; ROBERT R. LOOSE, Wiggins

Staff Activity Report Page 3
November 15, 2013 Commission Meeting

ERNEST L. MIKITA, CHAIRMAN, Calhan; ANNE J. CASTLE, VICE-CHAIRMAN, Denver; JON B. BROWNELL, Hooper; EUGENE A. BAUERLE, Julesburg; DENNIS W. CORYELL, Burlington;
ROBERT R. LOOSE, Wiggins; LARRY CLEAVER, Grand Junction; RICHARD F. HUWA, Keenesburg; CHARLES “MAX” SMITH, Walsh

Staff Activity Report Page 4
November 15, 2013 Commission Meeting

Memorandum to Hal Simpson Page 5
Quarterly Commission Staff Activity Report
November 4, 2013

W:\GWC Meetings\2013_11Nov\StaffReport2013Nov.doc

StaffReport2013Nov.pdf

TemporaryChangeOfRight.pdf
COREY M. HUWA, Chairman, Roggen; GRANT H. BLEDSOE, Vice-Chairman, Wray; STEVE KRAMER, Bethune; VIRGIL VALDEZ, Alamosa; C. MAX SMITH, Walsh; CAROLYN F. BURR, Denver; LARRY W. CLEVER,
Grand Junction; EARNEST L. MIKITA, Calhan; GEORGE H. SCHUBERT, Calhan STATE OF COLORADO GROUND WATER COMMISSION Division of Water Resources
Department of Natural Resources 1313 Sherman Street, Room 821 Denver, Colorado 80203 Phone [phone] FAX [phone] http://water.state.co.us
John W. Hickenlooper Governor Mike King Executive Director, DNR Dick Wolfe, P.E. Executive Director August
6, 2013 To: Dick Wolfe, Executive Director, and Ground Water Commission From: Staff Re: Discussion on possible rule change to allow for altering or expanding instances where temporary
changes of a water right may be allowed The Designated Basin Rules currently provide for approval of temporary changes of water rights in the following instances. 1. Emergency situations
for a time period not to exceed ninety days (Rule 7.2.1.C). In this situation Staff may approve a temporary change of water right without publication. 2. Emergency situations that
will last for more than ninety days and appear to be permanent (Rule 7.2.2). In this situation Staff may approve a temporary change of water right for a period of up to one year, so
long as the applicant has applied for a permanent change of water right and publication of the temporary and permanent changes have been initiated. In both instances, an emergency situation
is defined as a situation affecting public health or safety where a water supply is needed more quickly than the time required to process a permanent change in use. In both instances
Staff must determine that the change will not cause material injury to the vested rights of other appropriators. The State Engineer requested an agenda item for the August 16, 2013
meeting for the Commission to discuss whether it wants to consider altering or expanding instances where temporary changes of water rights are allowed, and to assist in this discussion
that Staff generally identify how temporary changes are handled outside of Designated Basins. Outside of Designated Basins temporary changes of water rights have been allowed within
substitute water supply plans approved by the State Engineer (substitute water supply plans are addressed in C.R.S. § 37-92-308). Some of the processes and standards of substitute water
supply plans are:  The applicant must provide notification of the requested plan to all parties who have subscribed to a notification list kept by the State Engineer. Water right
owners have either 30 or 35 days (depending on the type of plan) to file comments. The State Engineer takes any comments submitted under consideration when evaluating and approving
the plan.  Plans may not be approved for a period of more than one year.  Pursuant to subsection 308(5) plans approved solely by the State Engineer for which no application has been
made in Water Court for a permanent change of water right may be renewed for a total of up to five years. Discussion on temporary changes of water rights Page 2 August 6, 2013 
Pursuant to subsection 308(4) plans for which application has been made in Water Court for a permanent change of water right may be approved by the State Engineer for up to a total
of three years, or a total of five years if the applicant demonstrates justifiable delay in obtaining a decree, with the Water Court able to approve additional extensions.  The State
Engineer does not limit approval of plans to situations involving public health or safety, but does not approve plans that provide a water supply to new or proposed domestic uses. 
The applicant must satisfy the State Engineer that no injury will occur to other water rights. If the intent of the change is non-permanent (i.e. not intended to be on-going under a
permanent change approved by the Water Court), upon completion of the approved period of operation, the right returns to its original, pre-changed, status (i.e. use, appropriation,
etc.). KVH
TemporaryChangeOfRight_GWMD-Input.pdf
COREY M. HUWA, Chairman, Roggen; GRANT H. BLEDSOE, Vice-Chairman, Wray; STEVE KRAMER, Bethune; VIRGIL VALDEZ, Alamosa; C. MAX SMITH, Walsh; CAROLYN F. BURR, Denver; LARRY W. CLEVER,
Grand Junction; EARNEST L. MIKITA, Calhan; GEORGE H. SCHUBERT, Calhan STATE OF COLORADO GROUND WATER COMMISSION Division of Water Resources
Department of Natural Resources 1313 Sherman Street, Room 821 Denver, Colorado 80203 Phone [phone] FAX [phone] http://water.state.co.us
John W. Hickenlooper Governor Mike King Executive Director, DNR Dick Wolfe, P.E. Executive Director November
1, 2013 To: Dick Wolfe, Executive Director, and Ground Water Commission From: Staff Re: Ground Water Management District input on possible rule change to allow for altering or expanding
instances where temporary changes of a water right may be allowed At the August 16, 2013 meeting the Commission directed Staff to obtain input from the Ground Water Management Districts
on the subject of possibly changing the Designated Basin Rules regarding temporary changes of water rights. Four of the GWMDs provided comments, which are repeated below. Upper Big
Sandy GWMD The Board of Directors of the Upper Big Sandy GWMD met last night. The Big Sandy Board recognizes that there is a need for allowing temporary changes under limited circumstances,
provided there are tight and protective provisions. The Big Sandy Board agrees with the statements submitted by [the Lost Creek GWMD] below. The Board is especially concerned with
the export for the temporary uses and that would need to comply with the District’s Rule 3, and thus the need to identify very early in the process whether a temporary change would
include any export, the location of use, and the amount proposed for export. Lost Creek GWMD Any rule change expanding the opportunity for temporary changes in use should preserve
the Districts’ authority to prohibit export. See 37-90-130(2)(f), C.R.S. If a temporary change in use is requested, it should be referred to the District Board for consideration prior
to Commission Staff approval. To facilitate this review, any application should identify specific places of use by public land survey system (PLSS) description. 2. The rule
should allow no more than a single, one year approval. The Board felt that projects exceeding 1 year in duration should seek a change in use to allow careful consideration of the proposed
change in use, full process and opportunity to be heard. 3. The rule should confirm that any appeal from an approval should be heard under 3790-115(1), C.R.S. pursuant to
a de novo standard. GWMD input on changes to rules regarding temporary changes of water rights Page 2 November 1, 2013 Upper Black Squirrel Creek GWMD The Upper Black Squirrel
Board considered and discussed the possible rule change to allow for altering or expanding instances where temporary changes of a water right may be allowed. The Board asked that I
pass on to you that it does not support the proposed rule change, and specifically it does not want to see an expansion of authorized temporary changes of water rights. North Kiowa
Bijou GWMD At this time NKB board of directors is opposed to any modification of Rule 7.2.1.C regarding temporary changes of use to overcome an emergency situation if the Staff determines
that the change will not cause material injury to the vested water rights of other appropriators. It is my understanding based upon the August 6, 2013 letter, the State Engineer
requested an agenda item before the Commission to discuss whether the Commission wants to consider altering or expanding instances where temporary changes of water rights are allowed.
As stated in your letter of August 26, I wholly agree that the Staff has probably fielded inquires regarding needs and uses that could only be met by temporary changes of water rights
which would include construction, long-term municipal requirements, and oil and gas industry needs. Rule 7.2.1.C defines an emergency situation as, "A situation affecting public health
safety where a water supply is needed more quickly than the time required to process a permanent change of use." The board believes that altering or expanding the instances where temporary
changes are allowed, would require a change in the definition of an emergency situation. The board does not believe that expansion of the definition of an emergency situation to allow
a temporary change of use is prudent which would necessarily include construction and oil and gas industry needs which would include drilling and fracking. As you know, all districts
have some sort of limitation on the export of water out of their basin. While other districts may allow it in limited circumstances NKB Rules and Regulations specifically Rule 11 prohibit
the use or transportation of groundwater obtained from within the district outside the boundaries of the district. While we are sure the demands and requests for additional water sources
in eastern Colorado are serious, the board believes that the change in temporary use would literally open up all the closed basins to rating for purposes other than its primary purpose
which is agricultural. It goes without saying that any applicant can undertake the process to obtain a permanent change in use. However, those changes of use would still be subject
to each rule and regulation of the respective groundwater management districts. Should the State rule be modified to allow these expanded types of uses, valid arguments could be made
that the State Rule would override the local rules which would in effect render these groundwater management districts meaningless. While there are several more appropriate arguments
that could be made, please note that the NKB would strongly object to any modification of Rule 7.2.1.C. Does the Commission want to pursue the process of possibly changing the rule?
KVH