DWR_3365889

• Board or Commission: Colorado Ground Water Commission
• Document Type - Board and Commission Meetings: Meeting Document
• Document Date: 8/16/2013
• Subject: MEETING MATERIALS

leading to or compounding the applicant’s issues. He Ground Water Commission Meeting Minutes Page 4 May 17, 2013 agrees with Mr. Shimmin that this is a general hardship basin wide.
Drawing the Commission’s attention to item d on page 3 of his memorandum, Mr. Vander Horst noted that despite any physical effect the proposed well may have on the surface water or
springs because of the closer proximity, there is no legal effect. On the matter of walking to water, Mr. Vander Horst noted that discrepancies in the reported total depth at the time
of construction and that reported on subsequent test reports makes it difficult to be absolutely certain but that it would appear that the applicant is moving towards a spot in the
aquifer with better production. Mr. Vander Horst stated that staff agrees with understanding of the intent of the Rules as presented by Mr. Shimmin and that staff is also concerned
about the effect of precedence. He clarified earlier discussion by stating that this application is a change in water right, moving that right to a new location but retaining the existing
priority. Mr. Vander Horst concluded his comments by stating that though the present hearing and the hearing scheduled before the Hearing Officer are two separate matters, the decision
of the Commission today will directly affect the outcome of the hearing on the application. There were no questions of Mr. Vander Horst whereupon the hearing was closed and Commission
discussion followed. Commissioner Burr stated that she would have liked to see more complete resolution with the District first. She also said that wells do wear out and need to be
replaced. She is generally concerned about the application and the matter of historic use. She is in favor of denying the request. Commissioner Bledsoe said that he would like to
see the District act on the application before the Commission acts. He understands that this is a difficult part of the aquifer to irrigate out of and is also concerned about the historic
use matters. He favors denying the request. Commissioner Mikita said that the District should have the main say in the matter. He believes that moving a well that far is the same
as constructing a new well in an over appropriated area. He is in favor of denying the request. Commissioner Schubert said that the Hardwick’s are in a hardship situation but that
it is a business that we are all in and things change after forty (40) years. He too thinks the local District should be relied upon and is in favor of denying the request. Commissioner
Kramer moved to deny the variance request. Commissioner Schubert seconded the motion which passed unanimously. Following the vote, Ms. Benson requested to enter documents into the
record. After discussion it was agreed that only those documents presented to the Commission prior to its vote could be made part of the record. Ground Water Commission Meeting Minutes
Page 5 May 17, 2013 Chairman Huwa called for agenda item no. 7, Hearing on a request by Verna Marlene Hill for a variance to Rule 7.3.1, 7.3.2, 7.3.3, and 7.3.4 to allow for the relocation
of a well, permit no. 6412-FP. Ms. Teresa Hill, representing her parents, requested a continuance to hire legal counsel. The request was granted. Chairman Huwa called for agenda
item no. 8, the staff activity report. Mr. Vander Horst reviewed his written report. He noted that with the exception of 57 bedrock aquifer wells, all historic permits had been published
for final permit. Mr. Vander Horst advised the Commission that on August 31 of this year SB-72 will become effective, removing those 57 bedrock wells from the final permit process.
He also noted that conditional permits remain in the Camp Creek, Upper Crow Creek and Southern High Plains Basins which remain open for appropriation and that these will be processed
for final permit as the wells are constructed and placed to beneficial use. Mr. Vander Horst noted that there was one new hearing as a well owner objected to the cancellation of his
permit. In the area of enforcement, he noted that Staff has sent several letters to well owners in the Plains GWMD regarding possible illegal use of their wells and that we were waiting
for responses. Additionally, Mr. Vander Horst noted that the Town of Vona had over-pumped its well in 2012 and that staff was working with them to ensure a water supply for the residents
and to bring the Town’s operations into compliance with their permits. He concluded his remarks noting that staff continued to work with Magnum Feed Yards and its use of irrigation
wells for feedlot operations. Commissioner Valdez asked for clarification of the process for Magnum Feed Yard. There were no other questions. Chairman Huwa called for agenda item
no. 9, the Attorney General’s report. Ms. Mele updated the Commission on the Gallegos and Meridian cases. In Gallegos, the subject of doctrine of waiver, where the previous owners
favored designation and whether the current owners may now object, is being looked into. In Meridian, Ms. Mele informed the Commission that the Hearing Officer ruled that the water
which is the subject of the application is designated ground water. There has been no appeal to-date. Chairman Huwa called for agenda item no. 10, Management District Reports Mr.
Nate Midcap, reporting for the Marks Butte, Frenchman, Sandhills and Central Yuma GWMD’s, commented that with recent weather it is hard to tell if it is summer or winter. Mr. Midcap
reported that all static water level measurements were completed in February and that he is beginning the chemigation inspections. He noted that most everybody in his Districts are
watching the Republican River litigation closely. Mr. Denny Slavador, reporting the W-Y GWMD, reported that the District Board is discussing amending their rules to restrict changes
in the description of irrigated acres and to allow the banking of water. He reported that the Board wants to hold irrigators to the ten year historic average of irrigated lands. This
is because irrigators with a water right for 160 acres have always irrigated 130 acres under a pivot and now want to combine corners for another circle, expanding the historic use of
the wells. On the matter of banking, the Board believes that if Ground Water Commission Meeting Minutes Page 6 May 17, 2013 banking were permitted, it would allow farmers better
management control of their water and there would have been no over-pumping in 2012. After a few questions from Commissioners Burr and Kramer were answered, Mr. Vander Horst advised
the Commission that for the change in description of acres to proceed the Commission would need to modify its rules and that a statutory change is required to allow banking opportunities.
Rod Mason, reporting for the Arikaree GWMD, reported that with the recent snow falls the moisture outlook is better than last year and that the pastures are greening up nicely. He
also noted that there had been a lot of wheat winter kill and that what remained was infested with mites. Mr. Mason advised the Commission that the District had passed a rule requiring
irrigators to contract with the District for third party administration. He asked if the Commission and staff would support the rule. Commissioner Burr asked what support he was looking
for. Mr. Mason responded that he wants the Commission to allow only the District to be the third party administrators and to direct staff accordingly. Ms. BreAnn Ferguson, reporting
for the Plains and East Cheyenne GWMD’s, informed the Commission that the Plains District has received between 4 and 6 inches of moisture while the East Cheyenne District has received
between 2 and 4 inches. She noted that her Districts had suffered heavy freeze loss and that the wheat now had mites and cutworms. Ms. Ferguson concluded her comments noting that
she was keeping busy with flow meter and chemigation inspections. Mr. Max Smith, reporting for the Southern High Plains GWMD there was no report. Mr. Robert Loose reporting for the
North Kiowa Bijou GWMD, reported that his District was in better shape than last year but that the recent blizzards resulted in a 10% calf loss. Mr. Tim Hunker, reporting for the Upper
Black Squirrel GWMD, reported that with the recent moisture the pastures were greening up nicely. He also noted that the District was working with the County on a groundwater monitoring
program. Mr. David Tausig reporting for the Upper Big Sandy GWMD, reported that the soil moisture had been improved by the recent storms. He advised the Commission that the District
was seeking a grant from the Arkansas Round Table to fund a study of the interactions between Big Sandy Creek and the bedrock aquifers at the outcrops. Ms. Allison Scott, reporting
for the Lost Creek GWMD, reported that the District had recently amended its small capacity well rules. She also reported that the District is concerned about water quality issues
as they relate to replacement plans. Because of this concern the District is considering amending its current rule on water quality to allow it, the District, to act as an implementing
agency. In response to a question by Commissioner Valdez, Ms. Scott stated that no increase in cost is expected. Mr. Scott Tietmeyer, reporting for the Upper Crow Creek Designated
Basin, reported that the wetter than normal spring, 1.78 inches of precipitation for the month against a normal average of 1.16 inches, has helped with the soil moisture, now at 50%.
He stated that irrigation began two weeks ago. Ground Water Commission Meeting Minutes Page 7 May 17, 2013 Ms. Deb Daniel, reporting for the Republican River Water Conservation
District, commented on the Republican River Compact Administration meeting that Mr. Sullivan mentioned in his opening comments. She quoted the Nebraska “State Engineer” in his support
of Colorado’s proposals. Ms. Daniel also noted the tough questions and stance from Colorado’s State Engineer to Kansas on what they want. Mr. Sullivan commented that Kansas is now
working with us and that there is another meeting scheduled on Monday. Chairman Huwa called for agenda item no. 9, old business. There was none. Chairman Huwa called for agenda
item no. 10, new business. Secretary Nielsen put before the Commission several options for the location and activities for the August meeting. He further advised the Commission that
Commissioner Smith would like to see the Colorado Springs Southern Delivery System. The Commission agreed to Commissioner Smith’s suggestion. Chairman Huwa called for agenda item
no. 11, public comment. There was none. There being no further business the meeting adjourned. Respectfully submitted, Richard A Nielsen, P.E., Secretary Colorado Ground
Water Commission
PacketMemo2013Aug.docx
</w:t></w:r><w:r><w:rPr><w:rFonts w:ascii="STATE OF COLORADO
GROUND WATER COMMISSION
Division of Water Resources
Department of Natural Resources
1313 Sherman Street, Room 818
Denver, Colorado 80203
Phone [phone] </w:t></w:r></w:p><w:p w:rsidR="00707
FAX [phone]
John W. Hickenlooper
Governor
Mike King
Executive Director, DNR
Dick Wolfe, P.E.
Executive Director
August 6, 2013
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, August 16, 2013, in the Heroes Pavilion at the Pueblo Conference Center, 320 Central Main St., Pueblo
CO 81003. Please find enclosed herein the following:
Meeting agenda - amended
Minutes of the last Commission meeting, Agenda Item No. 3
Staff Activity Report, Agenda Item No. 8
Attorney General’s Report, Agenda Item No. 9
Copy of Colorado Revised Statute § 37-90-115
Hearing Officer's Report
Memo on discussion on possible rule change to allow for temporary changes of a water right
The following items involving the hearing on a request by Verna Marlene Hill for variances, Agenda Item no. 6
Application and variance request
Staff Memo
The following items involving the hearing on appeal from the Initial Decision of the Hearing Officer in the matter of water rights applied for by Meridian Service Metropolitan District
in Division 2 Water Court Case no. 2010-CW-95, Commission Case no. 21-GW-10, Agenda Item 7, is being provided to you via the Hearing Officer’s ftp site at:
ftp://dwrftp.state.co.us/dwr/Hearings/Meridian%2012GW10/Appeal/ftp://dwrftp.state.co.us/dwr/Hearings/Meridian%2012GW10/Appeal/
Meridian’s appeal
Meridian’s position brief
Opposer Paint Brush Hills Metropolitan District’s position brief
Opposers Farmer Family’s & Upper Black Squirrel Creek GWMD’s position paper
Opposer Booker’s position paper
Please contact myself or Rick Nielsen if there are any questions about the Commission meeting.
cc:Commission Staff
Designated Ground Water Management Districts

Memorandum
Upcoming Commission Meeting
Page 2
Memorandum
Upcoming Commission Meeting
Page 2
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
PacketMemo2013Aug.pdf

QRTSTAT-2013Aug.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
LARGE CAPACITY PERMITS
CHANGE OF WATER RIGHT
LARGE CAPACITY PERMITS,
LARGE CAPACITY PERMITS (NEW & REPLACEMENT)
(INCLUES DETERMINATIONS OF WATER RIGHT)
MAY 1, 2013 THROUGH JULY 31, 2013
105.00
107.00
111.00
111.00
29.00
20.00
8.00
0.00
0.00
3.00
2.00
3.00
5.00
81.00
34.00
19.00
6.00
27.00
50.00
3.00
3.00
2.00
4.00
4.00
2.00
0.00
2.00
5.00
7.00
1.00
5.00
4.00
3.00
0.00
14.00
4.00
0.00
0.00
6.00
4.00
0.00
1.00
0.00
0.00
14.00
1.00
1.00
14.00
10.00
0.00
0.00
0.00
10.00
0.00
1.00
0.00
1.00
1.00
0.00
0.00
0.00
0.00
0.00
0.00
4.00
3.00
2.00
0.00
0.00
0.00
2.00
2.00
0.00
0.00
5.00
5.00
0.00
3.00
1.00
0.00
0.00
0.00
0.00
0.00
103.00
52.00
20.00
50.00
74.00
11.00
12.00
12.00
22.00
85.00
103.00
72.00
26.00
8.00
3.00
12.00
62.00
86.00
17.00
18.00
3.00
11.00
22.00
85.00
10.00
8.00
0.00

StaffReport2013Aug.doc

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