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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 November 2015 GWC Enforcement Report.docx Enforcement Items and Actions For the period of August - November 2015 staff has responded to dozens of complaints involving the perceived unpermitted use of wells and designated groundwater. Show cause letters and subsequent field inspections have been used to verify well permit compliance on most of these. The matters described below have been determined to be violations occurring last quarter: NORTHERN HIGH PLAINS Plains GWMD Standley and Parmer Inc. was discovered to be in violation of their large capacity well permits, having commingled their wells without a permit. The owners have submitted a commingling application for our staff’s evaluation. KIOWA BIJOU During Final Permit evaluation it was discovered that Larry McCarty’s pond (as approved under a previous replacement plan) is larger than what is currently allowed. Mr. McCarty has agreed to backfill the pond to the permitted size, and staff will be verifying the completion of this work. It was discovered that Susan Naughton was 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 to only use the well for the permitted uses. North Kiowa Bijou GWMD The District has reported that Magnum Feedyards has failed to enter into an administrative contract with a 3rd party as required pursuant to their recent change of use authorization. Our records do not show evidence of a 3rd party administrative meter reading contract. A show cause letter was sent to the well owners on November 5, 2015, and we are awaiting their response. UPPER BLACK SQUIRREL Upper Black Squirrel Creek GWMD The District reported that the following owners in the Blue Springs Subdivision had constructed/excavated ponds in the Bracket Creek without water right and/or GWC permit and replacement plan: Miller, Yager, Weaver, Andrade, Launsby, Brautigan, Erickson, Ostby, Tallent, Spriggs, List, Orozco, Hibbert, Willis, Battista, and Hardcastle. Certified show cause letters were sent to the owners on </September 22, 2015, and all owners responded promptly. On November 4, 2015 staff, along with members of the UBSC GWMD<, field investigated the subdivision. This inspection has revealed a number of potential unpermitted ponds ranging in size from 0.1 – 3.5 surface acres. The owners are cooperating with staff and the District as we work towards resolution. It was reported that Donald Booker has been using large and small capacity wells for unpermitted purposes on his ranch/estate. The property in question has recently had a change in ownership and it is now owned by US Western Investments. Staff performed a field inspection of the wells in question on October 15th and 26th, and there appear to be some violations involving the small capacity wells on the property. A show cause letter will be sent to the owners in the next two weeks. The District has reported a number of well permit violations associated with the cultivation of marijuana in greenhouses. Staff has sent out certified show cause letters on each of these complaints. The well owners were asked to complete and return a well use questionnaire. Based on the responses provided in these questionnaires, it has been determined that all but one of these well owners is using their small capacity domestic permits within the permitted conditions of approval for domestic use. At this time, it does not appear these wells are being used for commercial cultivation of marijuana, but rather for personal use. Staff may perform field inspections of these operations to confirm the statements made in the questionnaires. Yolanda Lopez Bequer has not responded to our certified a letter, and it appears the commercial cultivation of marijuana may be occurring with the use of a small capacity domestic well permit. Staff will be arranging a field inspection with the El Paso County Sheriff’s Office to investigate.. PacketMemo2015Nov.docx Ground Water Commission 1313 Sherman Street, Room 821 Denver, CO 80203 November 10, 2015 MEMORANDUM TO: Ground Water Commission Members FROM:Keith Vander Horst, Designated Basins Team Leader SUBJECT: Upcoming Ground Water Commission Meeting The upcoming Ground Water Commission meeting is scheduled for 8:30 a.m. on Friday, November 20, 2015,at the Town of Castle Rock Council Chambers, 100 N. Wilcox, 2nd Floor, Castle Rock, CO 80104. Please find provided herewith the following: Meeting agenda - amended Minutes of the last Commission meeting, Agenda Item No. 3 Staff Activity Report, Agenda Item No. 7 The Attorney General’s Report, Agenda Item No. 8 Memo from Pat Kowaleski providing update on the WQCC rulemaking, Agenda Item No. 10.a Draft language on de novo legislation, Agenda Item 10.b Memo from Staff concerning applicability of SB15-183 to Designated Basins, Agenda Item 11.a Complaint from Cherokee Metropolitan Service District, Agenda Item 11.b Memo concerning proposed meeting dates for 2015, Agenda Item 11.c Hearing Officer's Report Please contact myself or Rick Nielsen if there are any questions about the Commission meeting. cc:Commission Staff Designated Ground Water Management Districts PacketMemo2015Nov.pdf ProposedMeetingDates2016.docx November 3, 2015 Memorandum To:Ground Water Commission From:Rick Nielsen, Secretary Re:2016 Meeting Dates Commissioners, The November meeting is when you decide on meeting dates and locations. The Commission has traditionally met on the third Friday of February, May, August and November. With that in mind, I have made room reservations for the 2016 quarterly meeting of the Commission as noted below. February 19th1313 Sherman St. room 318, Denver, Co May 20th100 N Wilcox, Castle Rock, Co August 19100 N Wilcox, Castle Rock, Co November 18th100 N Wilcox, Castle Rock, Co These dates and locations are subject to change as the Commission wishes. It is a tradition that the August meeting be held outside of the metropolitan area. Recipient Page 2 of 2 Date 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.2223 www.water.state.co.us ProposedMeetingDates2016.pdf 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.2223 www.water.state.co.us 1313 Street, Room 821 Denver, CO 80203 November 3, 2015 Memorandum To: Ground Water Commission From: Rick Nielsen, Secretary Re: 2016 Meeting Dates Commissioners, The November meeting is when you decide on meeting dates and locations. The Commission has traditionally met on the third Friday of February, May, August and November. With that in mind, I have made room reservations for the 2016 quarterly meeting of the Commission as noted below. February 19th 1313 Sherman St. room 318, Denver, Co May 20th 100 N Wilcox, Castle Rock, Co August 19 100 N Wilcox, Castle Rock, Co November 18th 100 N Wilcox, Castle Rock, Co These dates and locations are subject to change as the Commission wishes. It is a tradition that the August meeting be held outside of the metropolitan area. QRTSTAT-2015Nov.xlsQRTSTAT.XLS Print_Area_MI TABLE 1 DESIGNATED BASINS BRANCH QUARTERLY ACTIVITY REPORT C.R.S. 37-90- BASIN RECEIVED ISSUED KIOWA BIJOU LOST CREEK CAMP CREEK UPPER BIG SANDY TOTAL SUMMARY OF APPLICATION ACTIVITY INCOMPLETE AP NP AU AR AD & AW CHANGE APPLICATIONS UPPER CROW CREEK TOTAL RECEIVED NEW ISSUED REPLACE ISSUED NEW RECEIVED DENIED & WITHDRAWN NORTHERN HIGH PLAINS SOUTHERN HIGH PLAINS UPPER BLACK SQUIRREL CREEK RESUBMITTED SMALL CAPACITY PERMITS REPLACEMENT CA CANCELED CHANGE OF WATER RIGHT LARGE CAPACITY PERMITS, LARGE CAPACITY PERMITS (NEW & REPLACEMENT) (INCLUES DETERMINATIONS OF WATER RIGHT) LARGE CAPACITY PERMITS, NEW AUGUST 1, 2015 THROUGH OCTOBER 31, 2015 unk 105.00 107.00 111.00 111.00 44.00 43.00 10.00 0.00 0.00 0.00 0.00 0.00 8.00 8.00 34.00 19.00 4.00 26.00 42.00 0.00 1.00 1.00 1.00 4.00 8.00 5.00 2.00 1.00 4.00 0.00 0.00 0.00 1.00 4.00 26.00 13.00 2.00 20.00 3.00 0.00 0.00 0.00 0.00 0.00 21.00 21.00 4.00 3.00 4.00 0.00 0.00 0.00 3.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 7.00 6.00 2.00 2.00 0.00 0.00 0.00 0.00 0.00 0.00 1.00 3.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 141.00 110.00 24.00 52.00 53.00 0.00 1.00 1.00 13.00 16.00 141.00 134.00 53.00 54.00 6.00 6.00 3.00 0.00 13.00 16.00 2.00 5.00 0.00 SB15-213MemoToGWC.pdf StaffReport2015Nov.docx Ground Water Commission 1313 Sherman Street, Room 821 Denver, CO 80203 November 20, 2015 Meeting MEMORANDUM TO:Dick Wolfe, Executive Director – Ground Water Commission FROM:Keith Vander Horst, Designated Basins Team Leader SUBJECT:Staff Activity Report for August 1, 2015 through October 31, 2015 Various activities performed during the last quarter are briefly described below. New and Replacement Applications Table 1 provides a breakdown, by basin, of permitting activity for the last quarter. Permit activities are summarized as follows. Small capacity: 141 small capacity new and replacement well permit applications were received 134 small capacity new and replacement well permits were issued Large Capacity: 53 large capacity new and replacement well permit applications, and Determination of Water Right applications, were received 54 large capacity new and replacement well permits and Determinations of Water Rights were issued Zero large capacity well permits were canceled Table 2 provides details on the individual pending large capacity new and replacement permit applications and Determination of Water Right applications. Change Applications Table 1 also gives a breakdown, by basin, of change of water right application activities for the last quarter: 13 new change applications were received 16 change applications were approved Table 3 provides details on the individual pending change of water right applications. Final Permit Activities Below is a summary of the status of permits subject to Final Permitting as of October 31, 2015. Conditional permits counted in the table below that have not been issued Final Permits consist 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 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.< Final Permit Status as of October 31, 2015 Basin Total Number of Permits Total Number of Final Permits Issued Percent Northern High Plains 4101 4101 100% Southern High Plains 1244 1176 94% Lost Creek 372 372 100% Kiowa-Bijou 872 861 99% Upper Big Sandy 121 121 100% Upper Black Squirrel Creek 163 154 95% Upper Crow Creek 160 97 61% Camp Creek 52 48 92% Total 7085 6930 98% Objections/Hearings 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, preparation of pre-hearing statements, and otherwise worked on resolving these cases. Pending with the Commission Axton, Brett, 15GW05 (Arapahoe and Denver aquifer rights) Axton, Brett, 15GW06 (seven pond-wells and a replacement plan) Cervi Enterprises, 15GW13 (Determination of Water Right) Cherokee Metro Dist. & Meridian Service Metro Dist., 08GW71 (replacement plan) Cherokee Metro Dist., 08GW78 (change of use of alluvial well) Cherokee Metro Dist., 09GW15 (change of use of alluvial wells) Einsphar, Gaylin, 15GW10 (reduction in acres and annual appropriation) Garner/Case/Seaton Realty/Cherokee MD, 15GW08 (change of use of alluvial well) Greathouse, William, 11GW06 (Final Permit publication in SHP) Meridian Service Metro Dist., 09GW11 (change of use of Denver Basin rights) Meridian Service Metro Dist., 15GW14 (replacement plan, alluvial drains) Prospect Valley Dairy, 15GW12 (replacement plan for Laramie-Fox Hills aquifer) WC Resources, 15GW01 (change of use of 2 alluvial permits in Lost Creek) Woodmen Hills, 03GW20, (new alluvial rights and a repl. plan) Under appeal Front Range Resources, 13GW07 (replacement plan in Lost Creek) Gallegos, 03GW06, (Request for de-designation in Upper Crow Creek) Meridian Service Metro Dist., 12GW10 (status of water) Completed during the last quarter Arnusch Investments, et al, 14GW07 (change of use 14 alluvial permits in Lost Creek) Deterding, Brant & Brad, 15GW07 (change of acres in NHP) Preston Ranch Ministries, 05GW09 (Determination of Water Right) Guttersen Ranches, 15GW11 (Determination of Water Right) Enforcement Items and Actions For the period of August - November 2015 staff has responded to dozens of complaints involving the perceived unpermitted use of wells and designated groundwater. Show cause letters and subsequent field inspections have been used to verify well permit compliance on most of these. The matters described below have been determined to be violations occurring last quarter: NORTHERN HIGH PLAINS Plains GWMD Standley and Parmer Inc. was discovered to be in violation of their large capacity well permits, having commingled their wells without a permit. The owners have submitted a commingling application for our staff’s evaluation. KIOWA BIJOU During Final Permit evaluation it was discovered that Larry McCarty’s pond (as approved under a previous replacement plan) is larger than what is currently allowed. Mr. McCarty has agreed to backfill the pond to the permitted size, and staff will be verifying the completion of this work. It was discovered that Susan Naughton was 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 to only use the well for the permitted uses. North Kiowa Bijou GWMD The District has reported that Magnum Feedyards has failed to enter into an administrative contract with a 3rd party as required pursuant to their recent change of use authorization. Our records do not show evidence of a 3rd party administrative meter reading contract. A show cause letter was sent to the well owners on November 5, 2015, and we are awaiting their response. UPPER BLACK SQUIRREL Upper Black Squirrel Creek GWMD The District reported that the following owners in the Blue Springs Subdivision had constructed/excavated ponds in the Bracket Creek without water right and/or GWC permit and replacement plan: Miller, Yager, Weaver, Andrade, Launsby, Brautigan, Erickson, Ostby, Tallent, Spriggs, List, Orozco, Hibbert, Willis, Battista, and Hardcastle. Certified show <cause letters were sent to the owners on September 22, 2015, and all owners responded promptly. On November 4, 2015 staff, along with members of the UBSC GWMD, field investigated the subdivision. This inspection has revealed a number of potential unpermitted ponds ranging in size from 0.1 – 3.5 surface acres. The owners are cooperating with staff and the District as we work towards resolution. It was reported that Donald Booker has been using large and small capacity wells for unpermitted purposes on his homestead/estate. The property in question has recently had a change in ownership and it is now owned by US Western Investments. Staff performed a field inspection of the wells in question on October 15th and 26th, and there appear to be some violations involving the small capacity wells on the property. A show cause letter will be sent to the owners in the next two weeks. The District has reported a number of well permit violations associated with the cultivation of marijuana in greenhouses. Staff has sent out certified show cause letters on each of these complaints. The well owners were asked to complete and return a well use questionnaire. Based on the responses provided in these questionnaires, it has been determined that all but one of these well owners is using their small capacity domestic permits within the permitted conditions of approval for domestic use. At this time, it does not appear these wells are being used for commercial cultivation of marijuana, but rather for personal use. Staff may perform field inspections of these operations to confirm the statements made in the questionnaires. Yolanda Lopez Bequer has not responded to our certified a letter, and it appears the commercial cultivation of marijuana may be occurring with the use of a small capacity domestic well permit. Staff will be arranging a field inspection with the El Paso County Sheriff’s Office to investigate. ### Staff Activity ReportPage 2 November 20, 2015 StaffReport2015Nov.pdf WQCC _RulemakingUpdate.pdf