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

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

Northern High Plains

Plains GWMD
Staff continued to work with the District to address issues concerning two small capacity commercial wells owned by B&B Farms that were believed to have been operating without totalizing
flow meters. B&B farms responded to our certified letter promptly, stating that one of the wells is currently inactive and should they decide to use the well, they will ensure that
it is metered and send in meter reports to the District. The 2nd well is being used by the Fitzpatrick Oil and Gas Co. The well is metered and they have agreed to begin submitting
meter reports to the District.

Staff continued to work with the District to address issues concerning a small capacity commercial well owned by Schaal Farms that was believed to have been operating without a totalizing
flow meter. After a follow-up inspection indicated the well was being used without a meter as required, Staff sent a certified letter. Warren Schaal responded to the certified letter,
stating that the meter had been removed from the well because the well was not being used, and if they decide to use the well in the future, they will ensure that it is metered and
send in meter reports to the District. Mr. Schaal was informed that should Staff see the well operating without a meter, an immediate cease and desist order will be issued. GWC Staff
and personnel from the District will be checking this well throughout the year to verify any use.

Staff and District personnel met with the Town of Vona – which had been found to be in violation of the over pumping order issued for the town’s municipal well – and we believe we have
come up with a viable solution to assist with the Town’s water needs. The well has been shut down for the year and the Town is connecting to the town of Siebert to supply additional
water. Staff will continue to work with the Town to ensure the over pumping order is not violated.

It has been reported that the Knox family has been using a small capacity well for the irrigation of 3 acres of home gardens and lawns. Staff is currently investigating the matter.

Arikaree GWMD
Subsequent to a complaint by the District a cease and desist order was issued to Dean Wieser for operating a well to irrigate unpermitted expanded acres. Mr. Wieser has submitted an
application for an increase in permitted acreage.

Kiowa Bijou

It was reported that the Rocky Mountain Rooster Hunting Club has been excavating in the Bijou Creek alluvium and exposing ground water. A show cause letter was sent to the owner, Brett
Axon, of the Hunting Club, and he promptly replied. He did acknowledge that while one of the existing ponds was cleaned out (removal of cattails and debris from the stream), it was
not deepened. Mr. Axon provided photos of the pond in question as well as a detailed description of the work performed. He indicated they did not do any other work on the Bijou creek,
or create any new excavations. The original report did state there were multiple excavations. Staff has requested that the complainant provide additional detail about where these excavations
occurred. Upon receipt of these details, staff will arrange a field inspection to look at the entire area in question.

North Kiowa Bijou GWMD
It was reported that Phil Mog had constructed a well without a permit, and said well was being used in a commercial operation. After investigating the matter, staff discovered Mr. Mog
has a permit for the well which includes small capacity commercial uses, and the well being constructed was a permitted re-drill.

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
August 16, 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

Memorandum to Hal Simpson Page 3
Quarterly Commission Staff Activity Report
August 5, 2013

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
August 16, 2013 Commission Meeting

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

W:\GWC Meetings\2013_08Aug\StaffReport2013Aug.doc

StaffReport2013Aug.pdf

TemporaryChangeOfRight.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 821
Denver, Colorado 80203
Phone [phone] </w:t></w:r></w:p><w:p w:rsidR="00707
FAX [phone]
http://water.state.co.usJohn 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.
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.
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.
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

Discussion on temporary changes of water rightsPage 2
August 6, 2013
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
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
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