DWR_3364092

• Board or Commission: Colorado Ground Water Commission
• Document Type - Board and Commission Meetings: Meeting Document
• Document Date: 11/20/2015
• Subject: MEETING MATERIALS

about how applications to change the description of irrigated acres are evaluated. He will make sure that all four Districts are on the same page before approaching staff. Mr. Midcap
said that his people are watching the Hutton case very closely and he thanks Commissioner Wolfe for his efforts on the Hutton matter and the Republican River Pipeline.
Mr. Jack Dowell, reporting the W-Y GWMD, reported that his report could repeat that of Mr. Midcaps. He said the crops look good but that areas vary depending on Mother nature. Mr.
Dowell continues his chemigation inspections.
There was no report from the Arikaree GWMD.
Mr. Steve Kramer, reporting for the Plains and East Cheyenne GWMD’s, informed the Commission that Mr. Barnes had been busy getting some ninety wells up to speed and their meters tested
in the East Cheyenne District. Mr. Kramer said that the Plains District intends to update their rules in the near future. He said that there was a lot of growth orientated activity
in and around Burlington. Mr. Kramer also mentioned Burlington’s ongoing concerns with nitrates in the water and a potential fine for violations.
Mr. Blake Gourley, reporting for the Southern High Plains GWMD reported that the Basin looks the best it has since 2001. He said that the wheat had been damaged by the freeze but the
corn and milo are looking great. Mr. Gourley said that the good rain and low corn prices has reduced the pressure on the wells.
There was no report from the North Kiowa Bijou GWMD.
Ms. Tracy Doran, reporting for the Upper Black Squirrel GWMD, reported that there has been a lot of rain, some of it historic, and that all the creeks, except for Brackett Creek, are
flowing. She reported that she had been busy checking into the legality of the many ponds the heavy precipitation has revealed. Ms. Doran also reported that she is receiving a lot
of calls, even from across the nation, asking about water and what it can be used for, specifically green houses to grow marijuana. Ms. Doran asked about the Woodman Hills replacement
plan, noting that after 15 years it remains unapproved. Mr. Vander Horst responded saying that the plan is to be submitted by the end of August.
Ms. Tracy Doran reporting for the Upper Big Sandy GWMD, reported that it too had received historic rainfall causing rivers and creeks to flow and reservoirs that have been empty for
20 years to fill. She indicated that the District is looking into amending the rules for the small capacity wells.
Mr. Marc Arnusch, reporting for the Lost Creek GWMD, reported that Mr. Vander Horst and Mr. Grimes accepted an invitation to attend a District meeting. He said that this was very helpful
for the board to receive answers to questions on operating procedures and policies of the Commission and the relationship between the Commission and the District in permitting and enforcement.
Mr. Arnusch noted that of seven board members, only three own an irrigation well. He also indicated that the export of water for commercial and industrial uses is probably the predominate
use today.
Mr. Scott Tietmeyer, reporting for Upper Crow Creek Basin, reported that they have had record rainfall leading to Crow Creek flowing in August and green grass in the Pawnee National
Grasslands in August, not normal. The rain has reduced the well pumping and delayed the planting and harvesting of corn and alfalfa. He thanked Ms. Mele, Mr. Vander Horst and Mr.
Nielsen for meeting with himself and others from the Basin to discuss the steps to form a management district. He said that part of the reason for forming the district was two applications
to appropriate 1290 acre-feet each from the White River formation for oil and gas development throughout the north-eastern corner of the state. He said that the wells would be located
in a valley were seasonally declining water levels have historically led to the use of only 1000 acre-feet of water on 670 acres. Mr. Tietmeyer said that interested parties are exploring
the formation of a ground water management district with Mr. Andy Jones as their legal counsel, creating a monitoring well program and requiring meters on high capacity wells. He closed
his report requesting assistance in the above items.
In response to a question by Commissioner Valdez, Mr. Vander Horst described the procedures, as set out in statute, for the creation of a ground water management district.
Mr. Greg Larson, reporting for the Republican River Water Conservation District, reported that the Colorado NRCS office has been approved for the Ogallala initiative which brings one
million dollars into the Basin for water conservation methods (well efficiencies) and land retirement. He said that the Republican River Water Conservation District (“District”) is
going to add $500,000 to that figure and that the Federal Government has promised an additional $1.5 million dollars per year for three years to enhance the programs. There are already
400 acres signed up for permanent retirement. Mr. Larson said that the District engineer will determine how much water needs to be pumped through the compact compliance pipeline in
the next two weeks and water users hope pumping is not required until October. He closed his comments noting that the District continues to purchase surface water rights,
Chairwoman Burr noted that agenda item no. 11, old business had been discussed under agenda item no. 6, Commissioners Reports,
Chairwoman Burr called for agenda item no. 12, new business, a proposal by Staff to initiate the process to change Designated Basin Rules 5.3.6.1.C and .F defining the locations of nontriburary
ground water in the Denver and Laramie-Fox Hills aquifers in the Lost Creek and Kiowa Bijou Designated Basins.
Mr. Vander Horst explained the history of the matter noting that staff has been using the presented adjusted values since the late 1980’s under the site specific provision of the Rules.
He went on to say that the reason for the push now is because the Lost Creek GWMD requested the rule change. Mr. Vander Horst said that the site specific data also supports moving
the non-tributary line in the Kiowa-Bijou Basin. He said that at this time he is asking for direction to proceed.
Responding to a question of Commissioner Arnusch, Mr. Vander Horst indicated that the existing, approved determinations would not be altered by this change and that applications pending
at the time of the change would not be affected because staff is currently using the proposed non-tributary lines pursuant to the site specific provisions of the Rules.
Mr. Wolfe noted that the modeling group has been occupied with the Rio Grande project but now that the project is complete they can move onto this project, probably three months from
now the Commission so directs. Mr. Wolfe also stated the rule making process should begin with stake holder input.<
Chairwoman Burr directed staff to begin the informal process by obtaining input from the stakeholders.
Mr. Bob Longenbaugh addressed the Commission, presenting geologic and soils maps and advising them that the SB-5 Rules have change procedures that should be followed built in.
Chairwoman Burr called for agenda item no. 13, public comment. <
Mr. Bob Longenbaugh approached the Commission. He stated that he was concerned about where the Designated Basins were going. He noted that the Designated Basins are not addressed adequately
in the State Water Plan. Mr. Longenbaugh believes that the Commission should become more proactive, perhaps by revisiting each Basin to determine long term objectives and operational
plans for it. He believes that the Commission should establish rules regarding use of the Basins as storage aquifers for recharged water. Mr. Longenbaugh encouraged the Commission
to consider water quality issues to the same degree if not more than they do the water quantity concerns.
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 7
August 21, 2015
Minutes_2015_8-21_Draft.pdfMINUTES
MINUTES THIRD QUARTERLY MEETING COLORADO GROUND WATER COMMISSION AUGUST 21, 2015 The third Quarterly Meeting of the Colorado Ground Water Commission took place on August 21, 2015,
at the Harry Andrews Training Center, Alamosa County Facilities, 8900 Independence Way, Room 221, Alamosa Co 81101. Chairwoman Carolyn Burr called the meeting to order at 8:30 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, Dick Wolfe and Susan Sellers (on behalf of James Eklund). Staff members present were Keith Vander Horst, Richard Nielsen, Chris Grimes,
Geoff Davis, Shannon Johnson, Justina Mickelson, David Keeler. Also present were Derek Turner, A.G. for the Commission and Jennifer Mele, A.G. for staff. Members of the public were
also present. Biennial Election of Chair and Vice-Chair, Chairwoman Burr advised the Commission that her term will expire in May and that she is term limited. Commissioner Valdez
nominated Commissioner Burr as chairwoman. Commissioner Tietmeyer seconded the nomination. Commissioner Larson moved to close nominations. Commissioner Gourley seconded the motion.
Commissioner Burr was elected chairwoman by acclamation. Commissioner Valdez nominated Commissioner Kramer as vice chairman. Commissioner Arnusch seconded the nomination. Commissioner
Farmer moved to close nominations. Commissioner Gourley seconded the motion. Commissioner Kramer was elected vice chairman by acclamation. Review and Approval of Agenda Items, the
agenda was amended moving item no. 11 (a) to agenda item no. 6. Approval of Minutes for Meeting of May 15, 2015, Chairwoman Burr asked if there were any corrections or additions to
the minutes. There being none, Commissioner Valdez moved to approve the minutes as presented. Commissioner Tietmeyer seconded the motion which carried unanimously with Commissioner
Farmer abstaining. Ground Water Commission Meeting Minutes Page 2 August 21, 2015 Report of the Executive Director by Dick Wolfe Mr. Wolfe opened his remarks by introducing the
Division 3 staff that were present at the meeting, thanking them for their involvement with the tour the day before. Addressing the Republican River issues, Mr. Wolfe advised the Commission
that negotiations were continuing with Kansas and Nebraska for permanent approval of the compliance pipeline. He noted that the temporary approvals have been working well and expects
another such approval this year. Mr. Wolfe acknowledged the contributions of Colorado Agricultural Commissioner Don Brown and Mr. John Stulp in the recent meetings with Kansas and
Nebraska were they began looking at the broader issues such as Basin wide economics. Mr. Wolfe asked Mr. Grimes to update the Commission on the status of the well measurement rules.
Mr. Grimes advised the Commission that a rulemaking hearing was scheduled for September 10, 2015 in Burlington. He said that a notice was to be printed in all of the newspapers that
cover the Northern High Plains. Mr. Grimes said that a settlement had been reached with all of the objectors so they expected a smooth Rulemaking Hearing. He also said that though
the amended rules clean up some language and discuss use of PCC’s as a method to determine pumping, the primary reason for the amendment was to expand the area covered by the Rules
to include all of the Plains District. That part of East Cheyenne District that was to be included was not because the District recently developed their own rules and had agreed to
Commission oversight. Mr. Grimes expects the rules to be adopted within 180 days of the Hearing, as required. Mr. Wolfe spoke to the litigation initiated by the Hutton Foundation.
He mentioned that there are three claims in the filing; 1. That the State Engineer’s administration of the Compact is unlawful, 2. That SB 52 is unconstitutional and 3. That the Ground
Water Management Act is unconstitutional. Mr. Wolfe informed the Commission that 2 of 3 motions by the Division of Water Resources were granted. The first removed the Department of
Natural Resources from the complaint and the second caused the Hutton Foundation to notice all well owners in the Basin. The third motion, to join the Ground Water Commission in the
case was denied. In response to questions regarding the Upper Crow Creek Basin that were raised at the May meeting, Mr. Wolfe said that if the Management District were to measure its
own water levels, that this office would pay them $37.00 per well. He also noted that the hydrogeological unit is mapping the aquifers in the Basin. He is of the opinion that this
effort will lead to a better understanding of what is present and to an enhanced dialogue. Mr. Wolfe addressed matters in the Rio Grande Basin. He noted that the local paper, The
Valley Courier, had headlines of “Water Rules Eminent”. Mr. Wolfe advised the Commission that the latest objection period to the rules ended the Wednesday before and that there were
a few objections to be reviewed. He said that the model and response functions had been finalized and provided to the prospective districts for use in their rulemaking. Mr. Wolfe
said that the paper did a good job capturing everything well and to read it if additional information was needed. Mr. Wolfe reminded the Commission that Texas had filed a claim against
New Mexico involving the Rio Grande Compact. He said that Colorado, as a signatory of the Compact, is a Ground Water Commission Meeting Minutes Page 3 August 21, 2015 party to the
lawsuit. He advised the Commission that the Supreme Court had accepted the claim by Texas and assigned a Special Master to the case. He said that all proceedings will be held in New
Orleans because that is where the Special Master lives. There were no questions of Mr. Wolfe. Chairwoman Burr called for agenda item no. 6, Commissioners’ reports; Commissioner
Farmer spoke to an item before the Water Quality Control Commission. He had received notice of a meeting of the Water Quality Control Commission to discuss lowering the standards for
TDS infiltration. He said that currently in Black Squirrel the standard is 250 ppm and the proponents want to lower the standard to 600 ppm. Mr. Farmer would like to see the Ground
Water Commission get involved in this and questioned how such an action would affect using the basin as a storage reservoir. Mr. Farmer stated that he would like to see the Ground
Water Commission more directly involved in the many pending enforcement actions. In response to a question by Commissioner Wolfe, Mr. Farmer answered that it is his understanding that
the Water Quality Control Commission is going to formally do Rulemaking to amend Rules 41 & 42 within the next six months. Ongoing discussion between Mr. Farmer, Mr. Wolfe and Mr.
Turner identified that the process is probably at the “stake holder” stage at the present time and that legal council will look into it and respond appropriately. Commissioner Tietmeyer
updated the Commission on administration of the White River by the State of Wyoming. In the Carpenter area no new wells can be constructed but wells may be constructed in the Cheyenne
area however, if the static water level drops 20% they must cease pumping the well. He believes that the State wants the local users to be self administering. He noted that the area
around Carpenter has three choices, establish their own pumping limitations, let the State set the pumping limits after ten years of collecting data or do nothing. Mr. Tietmeyer thinks
that Wyoming is looking at a twenty year aquifer life if nothing is done. In response to a question by Mr. Wolfe, Mr. Tietmeyer advised the Commission that people in his area have
hired Andy Jones to proceed with the creation of a Management District. He said that they are also talking about a watershed basin district so that what is done in Colorado can also
be done in Wyoming. He also said that there is talk about asking for a Rule change to close the White River formation to new appropriations basin wide. Commissioner Burr informed
the Commission that independent water users in the Basins are taking action to reintroduce the bill regarding De Novo reviews that was not pursued last year. Chairwoman Burr called
for agenda item no. 7, Presentation about impact of Division 3 Well Use Rules on local water users, by Division 3 Engineer Craig Cotten. Mr. Cotten opened his presentation by noting
that there are approximately 6,000 wells in the Division producing from the unconfined (100 feet thick) and confined (up to 4,000 feet thick) Ground Water Commission Meeting Minutes
Page 4 August 21, 2015 aquifers. He said that the Valley had tried to establish rules in 1975 but after ten years of litigation all parties agreed through stipulations to continue
the current practices. He went on to say that the currently proposed rules address the replacement of depletions to the surface streams, aquifer sustainability and they establish an
irrigation season. Mr. Cotten said that once the Rules are adopted well owners will have two years to become part of a conservation district, have their own augmentation plan or discontinue
pumping their wells. He noted that in developing the rules the advisory committee considered such items as how to handle lagged depletions of 20 years or more and what do they want
the Valley to look like. Mr. Cotten said that of the seven proposed sub-districts only sub-district 1 is operational. This district charges $75 per acre-foot of water pumped but
also provides a $75 per acre-foot credit for water brought into the Basin. Mr. Cotten said that the irrigators are also turning to low water demand crops (Hemp and canola etc), various
CREP programs and converting to solar fields to reduce water demand. In a brief question and answer session, Mr. Cotten answered questions on crop water use in relation to natural
precipitation, CREP requirements in the Valley and the effect of various measures on land values. Chairwoman Burr called for agenda item no. 8, the staff activity report. Mr. Keith
Vander Horst went over his written report. He noted that though five Hearing cases (Beedy, two for Burnett Land and Cattle, Dan Farmer and Magnum Feed) had been finalized there were
five new cases (Preston Ranch, two for Axton, Garner and Deterding) had been entered into. Mr. Vander Horst reported that seven complaints of violation had been investigated and found
to be unfounded. He also said that there was a rise in complaints about surface ponds (mostly from the Management Districts) that were probably related to the recent court ruling in
the Meridian matter. Mr. Vander Horst closed his comments by introducing Mr. Geoff Davis a new team member replacing Debra Gonzales who moved to the Division 1 team. In response to
a question from Commissioner Valdez, Mr. Vander Horst confirmed that the use of the Beedy wells does not allow for use in oil and gas development. He said that the Hearing Officer
agreed with Staff’s position that the commercial designation on the permits was limited to piscatorial use. Chairwoman Burr called for agenda item no. 9, the Attorney General’s report.
Ms. Jenifer Mele reported on three cases, in the matter of the Cherokee replacement plan she anticipates more litigation because the Supreme Court did not give clear direction in its
ruling. As to the Gallegos case, a briefing schedule should be set in September and the Meridian case is set for oral arguments before the Supreme Court on September 30th. Ms. Mele
also reported that Cherokee Metropolitan District filed a lawsuit naming Upper Black Squirrel and the Commission as defendants. She indicated that this suit is for direction on how
they can use wells 1 through 8. Ms. Mele stated that she had filed a motion to dismiss because the matter should come before the Commission, not the District Court. Ground Water Commission
Meeting Minutes Page 5 August 21, 2015 Responding to Commissioner Burr, Ms. Mele said that the Gallegos matter in the District Court was for all intents a new trial though the judge
would refer to the Hearing Officer’s decision. Chairwoman Burr called for agenda item no. 10, Management District Reports Mr. Nate Midcap, reporting for the Marks Butte, Frenchman,
Sandhills and Central Yuma GWMD’s, reported that the crops look good. He stated that three of his four districts are concerned about how applications to change the description of irrigated
acres are evaluated. He will make sure that all four Districts are on the same page before approaching staff. Mr. Midcap said that his people are watching the Hutton case very closely
and he thanks Commissioner Wolfe for his efforts on the Hutton matter and the Republican River Pipeline. Mr. Jack Dowell, reporting the W-Y GWMD, reported that his report could repeat
that of Mr. Midcaps. He said the crops look good but that areas vary depending on Mother nature. Mr. Dowell continues his chemigation inspections. There was no report from the Arikaree
GWMD. Mr. Steve Kramer, reporting for the Plains and East Cheyenne GWMD’s, informed the Commission that Mr. Barnes had been busy getting some ninety wells up to speed and their meters
tested in the East Cheyenne District. Mr. Kramer said that the Plains District intends to update their rules in the near future. He said that there was a lot of growth orientated
activity in and around Burlington. Mr. Kramer also mentioned Burlington’s ongoing concerns with nitrates in the water and a potential fine for violations. Mr. Blake Gourley, reporting
for the Southern High Plains GWMD reported that the Basin looks the best it has since 2001. He said that the wheat had been damaged by the freeze but the corn and milo are looking
great. Mr. Gourley said that the good rain and low corn prices has reduced the pressure on the wells. There was no report from the North Kiowa Bijou GWMD. Ms. Tracy Doran, reporting
for the Upper Black Squirrel GWMD, reported that there has been a lot of rain, some of it historic, and that all the creeks, except for Brackett Creek, are flowing. She reported that
she had been busy checking into the legality of the many ponds the heavy precipitation has revealed. Ms. Doran also reported that she is receiving a lot of calls, even from across
the nation, asking about water and what it can be used for, specifically green houses to grow marijuana. Ms. Doran asked about the Woodman Hills replacement plan, noting that after
15 years it remains unapproved. Mr. Vander Horst responded saying that the plan is to be submitted by the end of August. Ms. Tracy Doran reporting for the Upper Big Sandy GWMD, reported
that it too had received historic rainfall causing rivers and creeks to flow and reservoirs that have been empty for 20 years to fill. She indicated that the District is looking into
amending the rules for the small capacity wells. Mr. Marc Arnusch, reporting for the Lost Creek GWMD, reported that Mr. Vander Horst and Mr. Grimes accepted an invitation to attend
a District meeting. He said that this was very helpful for the board to receive answers to questions on operating procedures and policies of the Ground Water Commission Meeting Minutes
Page 6 August 21, 2015 Commission and the relationship between the Commission and the District in permitting and enforcement. Mr. Arnusch noted that of seven board members, only
three own an irrigation well. He also indicated that the export of water for commercial and industrial uses is probably the predominate use today. Mr. Scott Tietmeyer, reporting for
Upper Crow Creek Basin, reported that they have had record rainfall leading to Crow Creek flowing in August and green grass in the Pawnee National Grasslands in August, not normal.
The rain has reduced the well pumping and delayed the planting and harvesting of corn and alfalfa. He thanked Ms. Mele, Mr. Vander Horst and Mr. Nielsen for meeting with himself and
others from the Basin to discuss the steps to form a management district. He said that part of the reason for forming the district was two applications to appropriate 1290 acre-feet
each from the White River formation for oil and gas development throughout the north-eastern corner of the state. He said that the wells would be located in a valley were seasonally
declining water levels have historically led to the use of only 1000 acre-feet of water on 670 acres. Mr. Tietmeyer said that interested parties are exploring the formation of a ground
water management district with Mr. Andy Jones as their legal counsel, creating a monitoring well program and requiring meters on high capacity wells. He closed his report requesting
assistance in the above items. In response to a question by Commissioner Valdez, Mr. Vander Horst described the procedures, as set out in statute, for the creation of a ground water
management district. Mr. Greg Larson, reporting for the Republican River Water Conservation District, reported that the Colorado NRCS office has been approved for the Ogallala initiative
which brings one million dollars into the Basin for water conservation methods (well efficiencies) and land retirement. He said that the Republican River Water Conservation District
(“District”) is going to add $500,000 to that figure and that the Federal Government has promised an additional $1.5 million dollars per year for three years to enhance the programs.
There are already 400 acres signed up for permanent retirement. Mr. Larson said that the District engineer will determine how much water needs to be pumped through the compact compliance
pipeline in the next two weeks and water users hope pumping is not required until October. He closed his comments noting that the District continues to purchase surface water rights,
Chairwoman Burr noted that agenda item no. 11, old business had been discussed under agenda item no. 6, Commissioners Reports, Chairwoman Burr called for agenda item no. 12, new
business, a proposal by Staff to initiate the process to change Designated Basin Rules 5.3.6.1.C and .F defining the locations of nontriburary ground water in the Denver and Laramie-Fox
Hills aquifers in the Lost Creek and Kiowa Bijou Designated Basins. Mr. Vander Horst explained the history of the matter noting that staff has been using the presented adjusted values
since the late 1980’s under the site specific provision of the Rules. He went on to say that the reason for the push now is because the Lost Creek GWMD requested the rule change.
Mr. Vander Horst said that the site specific data also supports Ground Water Commission Meeting Minutes Page 7 August 21, 2015 moving the non-tributary line in the Kiowa-Bijou Basin.
He said that at this time he is asking for direction to proceed. Responding to a question of Commissioner Arnusch, Mr. Vander Horst indicated that the existing, approved determinations
would not be altered by this change and that applications pending at the time of the change would not be affected because staff is currently using the proposed non-tributary lines pursuant
to the site specific provisions of the Rules. Mr. Wolfe noted that the modeling group has been occupied with the Rio Grande project but now that the project is complete they can move
onto this project, probably three months from now the Commission so directs. Mr. Wolfe also stated the rule making process should begin with stake holder input. Chairwoman Burr directed
staff to begin the informal process by obtaining input from the stakeholders. Mr. Bob Longenbaugh addressed the Commission, presenting geologic and soils maps and advising them that
the SB-5 Rules have change procedures that should be followed built in. Chairwoman Burr called for agenda item no. 13, public comment. Mr. Bob Longenbaugh approached the Commission.
He stated that he was concerned about where the Designated Basins were going. He noted that the Designated Basins are not addressed adequately in the State Water Plan. Mr. Longenbaugh
believes that the Commission should become more proactive, perhaps by revisiting each Basin to determine long term objectives and operational plans for it. He believes that the Commission