DWR_3365890

• Board or Commission: Colorado Ground Water Commission
• Document Type - Board and Commission Meetings: Meeting Document
• Document Date: 8/19/2011
• Subject: MEETING MATERIALS

below). This motion was denied by the hearing officer.
Status: The hearing officer will set the matter for a hearing.
daniel and theresa farmer et al.
Case No. 09-GW-03
Designated Basin: Upper Black Squirrel Creek
Management District: Upper Black Squirrel Creek
Before: Jody Grantham, Hearing Officer
Attorney:
Subject: This case involves the determination of water right in the Laramie-Fox Hills aquifer. An objection was filed by Cherokee Metropolitan District. The applicant moved to consolidate
this case with 08GW71, the replacement plan application by Cherokee and Meridian Service Metropolitan District, and 09GW02, another application for determination of water right (discussed
above). This motion was denied by the hearing officer.
Status: The hearing officer will set the matter for a hearing.
meridian service metro district
Case No. 09-GW-11
Designated Basin: Upper Black Squirrel
Management District: Upper Black Squirrel
Before: Jody Grantham, Hearing Officer
Attorney: Jen Mele
Subject: Application for a change of water right. Two parties filed objections.
Status: The hearing set for February 25 and 26, 2010 has been stayed because the water rights to be changed were for use in the replacement plan in 08GW71. The matter is stayed pending</
resolution of the motion for declaratory judgment in 98CW80.
DEAN GOSS
Case No. 10-GW-04
Designated Basin: Upper Black Squirrel
Management District: Upper Black Squirrel
Before: Jody Grantham, Hearing Officer
Attorney: Jen Mele
Subject: Application to change the type and place of use of four wells. Objections have been filed by the Upper Black Squirrel Creek Ground Water Management District and Wayne and
Francis Booker.
Status: A hearing has been scheduled for October 5, 2011 in front of the Hearing Officer.
Gallegos, Reinaldo, et al
Case No. 03-GW-06
Designated Basin: Upper Crow Creek
Management District:
Before: Jody Grantham, Hearing Officer
Attorney: Jen Mele
Subject: Petition to dedesignate portions of the Upper Crow Creek Designated Ground Water Basin.
Background: The petitioners originally sent letters to the State Engineer in 2002 and 2003 seeking curtailment of wells within the Basin. The State Engineer declined to curtail wells
and the petitioners appealed the issue of the Commission’s jurisdiction over surface water rights first to District Court and eventually to the Supreme Court. The Supreme Court held
that the Commission has jurisdiction over surface water rights only to the extent the holder of surface rights seeks to change a boundary of a designated basin, in which case the surface
rights owner must show that pumping of the designated ground water has more than a de minimis effect on the surface rights and is causing injury to those rights. The matter was remanded
to the Commission. This application was filed with the Commission on August 11, 2010.
Status: A hearing has been set for November 28 – December 9, 2011. </
WILLIAM GREATHOUSE
Case No. 11-GW-06
Designated Basin: Southern High Plains
Management District:
Before: Jody Grantham, Hearing Officer
Attorney: Jen Mele
Subject: Application for final permit. Applicant does not agree with Staff’s assessment of the amount of irrigated land associated with the permit.
Status: This matter is stayed while applicant applies for supplemental permit for the additional acreage.
MICHAEL CASPER
Case No. 11-GW-07
Designated Basin: Southern High Plains
Management District:
Before: Jody Grantham, Hearing Officer
Attorney: Jen Mele
Subject: Application for appropriation of designated ground water. An objection to the application was filed by Walter Doke.
Status: A prehearing conference has been set for August, 2011.
DEAN GOSS
Case No. 11-GW-08
Designated Basin: Upper Black Squirrel Creek
Management District:
Before: Jody Grantham, Hearing Officer
Attorney: Jen Mele
Subject: Application to change location of three wells further than a half mile from the original wells, which requires a variance from Rule 7.3.5. Objections to the application were
filed by the Upper Black Squirrel Creek Ground Water Management District, Wayne and Frances Booker, and Schubert Ranches.
Status: A hearing on the variance request is set before the Commission at the August 19, 2011 meeting.
6
2
AG Report2011-8-19.pdf
Agenda2011August.doc

Determine quorum

Review and approval of agenda items

Approval of Minutes for Meeting of May 20, 2011

Biennial Election of Chair and Vice-Chair

Report of the Executive Director by State Engineer Dick Wolfe

Presentation on possible legislative changes regarding Conditional & Final Permitting of municipal well permits, by Matt Poznanovic

Presentation on possible legislative changes granting Ground Water Management Districts enforcement authority over well permits and ability to impose fines, by Michael Shimmin

Hearing on a request by Dean Goss for a variance to Rule 7.3.5 to allow the points of diversion of well permit nos. 27565-FP, 27566-FP, and 27567-FP to be changed to a location more
than ½ mile from the original permitted sites, consisting of an existing well, permit no. 11090-FP

Staff Report by Keith Vander Horst, including a summary of issues of conflict discussed with the Upper Black Squirrel Creek GWMD in response to the Commission’s request at the last meeting

Report of the Attorney General by Jen Mele. This is a background briefing on legal issues in the written report.  The Board may refer any item contained or discussed under this topic
to Agenda Item No. 14 for discussion in Executive Session if the Board has questions about the litigation.

District Reports:
Marks Butte, Frenchman, Sand Hills and Central Yuma GWMDs by Nate Midcap
W-Y GWMD by Jack Dowell
Arikaree GWMD by Rod Mason
Plains and East Cheyenne GWMDs by BreAnn Ferguson
Southern High Plains GWMD by Max Smith
North KiowaBijou GWMD by Robert Loose
Upper Black Squirrel GWMD by Dave Doran
Upper Big Sandy GWMD by Dave Taussig
Lost Creek by GWMD by Thomas Sauter
Republican River Water Conservation District by Deb Daniel

Old Business
Presentation summarizing administration and enforcement of the modified priority system, by Pat Kowaleski
Presentation summarizing administration and enforcement of well permits, by Dick Wolfe

New Business

Public Comments

Executive Session (if needed)

Adjournment

NOTICE OF GENERAL MEETING OF THE
COLORADO GROUND WATER COMMISSION
August 19, 2011

A G E N D A (page 2, cont.)

NOTICE OF GENERAL MEETING OF THE
COLORADO GROUND WATER COMMISSION

10:00 a.m., Friday, August 19, 2011

Town of Castle Rock Council Chambers
100 N. Wilcox, 2nd Floor, Castle Rock, CO 80104

A G E N D A

Agenda2011August.pdf
EnforcementReport.docx
Enforcement Items and Actions
NORTHERN HIGH PLAINS
Plains GWMD
Staff has identified a well owned by Leon Silkman that that appears to be in violation of an abandonment order. The well is currently inactive; however, the plug and abandonment requirements
have not been met. A show cause letter has been sent to the owner, and we are awaiting his response.
Marks Butte GWMD
Staff has identified a well owned by Joseph Shram that that appears to be in violation of an abandonment order. The well is currently inactive; however, the plug and abandonment requirements
have not been met. A show cause letter has been sent to the owner, and we are awaiting his response.
Frenchman GWMD
Staff has identified a well owned by Gordon Leben that that appears to be in violation of an abandonment order. The well is currently inactive; however, the plug and abandonment requirements
have not been met. A show cause letter has been sent to the owner, and we are awaiting his response.
UPPER BLACK SQUIRREL CREEK
Upper Black Squirrel Creek GWMD
It was reported by the district that a well owner at a particular address has been using a domestic well permit for unpermitted commercial purposes. Staff sent a show cause letter to
the owner of record, but the letter was bounced back because the land owner has been foreclosed on. The current owners of the property, Popular Financial Services, are located in Illinois,
and they have indicated that they are willing to do whatever is necessary to correct the matter. Staff is currently working with them.
It was reported that George Schubert has been irrigating with illegally commingled wells. A show cause letter was sent to Mr. Schubert, who responded promptly, and staff is working
with him to correct the matter.
It was reported that Wayne Booker has been irrigating lands that are not described currently by his well permits. In addition, it was reported Mr. Booker is operating a well that was
ordered to be plugged and abandoned. A show cause letter was sent to Mr. Booker, who responded promptly, addressing the unpermitted description of acres, but not the plug and abandonment
issue. Staff is currently discussing the issues with Mr. Booker’s counsel.
KIOWA BIJOU
It was reported that Shayne Shulze has been using his domestic well permit for unpermitted commercial uses in a horse riding and boarding facility. A show cause letter has been sent
to Mr. Shulze and we are awaiting his response.
North Kiowa Bijou GMWD
On June 22, 2011 Dale Arnold met with staff to discuss his well permit violations and illegal pond. As a result of this meeting staff agreed to allow Mr. Arnold until August 1, 2011
to achieve the following:
Backfill the illegal pond to a point where groundwater is not longer exposed and return the stream channel to its natural state.
Apply to change the description of acres irrigated by the wells with permit nos. 21152-RFP-R and 21152-SFP-R to allow for the irrigation of 31 acres in the SE1/4 of Sec. 10, T2S, R62W.

Seek a variance from the NKB GWMD to allow the well with permit no. 21152-RFP-R to remain in its current location.  Should the district not give its approval for such a variance request,
Mr. Arnold would re-drill the well.
As of July 31, 2011, our office had received Mr. Arnold’s applications for the change of description of acres; however, we had not yet received anything from the NKB GWMD regarding his
variance request. On August 1, 2011, Mr. Arnold called Chris Grimes to discuss the variance request and pond. During this phone call Mr. Arnold stated that his request for a variance
had been approved by the District, and that he was told they would be sending a letter to the Denver office. Staff has attempted to contact the NKB district’s attorney to discuss this
variance request, but we have been unsuccessful. During the August 1, 2011 phone call, Mr. Arnold also requested to be allowed until August 9, 2011 to complete the backfilling of his
pond. Staff has granted this request, and we plan to perform a fourth site inspection on August 9th.
.
GWC-HrgOffReport8-19-11.docx
HEARING OFFICER'S REPORT
Colorado Ground Water Commission
August 19, 2011 Meeting
The listing below summarizes all adjudicatory matters pending before the Colorado Ground Water Commission as August 19, 2011.
Box Elder Creek Designated GW BasinCase number:06-GW-23
Designated Basin: Box Elder CreekDate of request: 03-Mar-06
Subject: <Petition to Creation of the Box Elder Creek Designated Ground Water Basin.
Status:Hearing held for nine days held in January 2007. Commission upheld decision of Hearing Officer. Decision appealed to the District Court. Case pending before District Court.
Casper, MichaelCase number:11-GW-07
Designated Basin: Southern High PlainsDate of request: 20-June-11
Subject:Objection to Four Irrigation Well Permits
Status:Status/Setting conference scheduled for July 28, 2011. Case was set for a pre-hearing conference (telephonic) on August 31, 2011. If the parties cannot settle it will be set
for a hearing at that time.<

Cherokee Metro & Meridian Svc Dist. Case number:08-GW-71
Designated Basin: Upper Black SquirrelDate of request: 15-Oct-08
Subject:Objection to an application for approval of a replacement plan to make new </appropriations from the alluvial aquifer within the Upper Black Squirrel Creek Designated Basin.
Status:Two weeks of hearing held June 8th thru June 19, 2009. <Case consolidated with Case Nos. 08GW78 as well as the change case filings for well nos. 9 through 12 (09GW15). <Case is
presently stayed pending outcome of district court declaratory judgment proceedings on stipulation interpretation.
Cherokee Metro & Meridian Svc Dist. Case number:09-GW-15
Designated Basin: <Upper Black SquirrelDate of request:
Subject:Objection to an application to change the type and place of use
Status:See 08GW71 above. Case is presently stayed pending outcome of district court declaratory judgment proceedings
Cherokee Metropolitan District Case number:08-GW-78
Designated Basin: <Upper Black SquirrelDate of request: 29-Dec-08
Subject:Objection to an application to change the type and place of use of Well Permit No.
49988-F.
Status:See Case No. 08GW71 above. Case stayed pending resolution of declaratory judgment action in water court.
Farmer, Edna ICase number:09-GW-02
Designated Basin: Upper Black Squirrel<Date of request: 12-Mar-09
Subject:Objection to an application for Determination of Water Right
Status:Stayed pending outcome of Cherokee replacement plan case, Case No. 08GW71.
Farmer, Daniel & TeresaCase number:09-GW-03
Designated Basin: Upper Black Squirrel<Date of request: 12-Mar-09
Subject:Objection to an application for Determination for Water Right
Status:Stayed pending outcome of Cherokee replacement plan case, Case No. 08GW71.
Gallegos, Reinaldo etcCase number:03-GW-06
Designated Basin: Upper Crow CreekDate of request: 30-Apr-03
Subject:Petition to de-designate portions of the Upper Crow Ck Designated Basin
Status:Hearing set November 28 thru December 9, 2011. Hearing will be held in Grover, Colorado at the Pawnee School.
Goss, DeanCase number:10-GW-04
Designated Basin: Upper Black SquirrelDate of request: 17-Dec-10
Subject:Objection to application to change the type and place of use
Status:Based on motions filed Hearing Officer stayed proceeding until resolution of variance request. Hearing Officer denied motion to amend and relate back.<
Goss, DeanCase number 11-GW-08
Designated Basin: Upper Black SquirrelDate of request: 15-Jul-11
Status:Stayed pending resolution of variance request.
Greathouse, WilliamCase number:11-GW-06
Designated Basin: Southern High PlainsDate of request: 13-May-11
Subject:Objection to the Issuance of a Final Permit
Status:Prehearing conference scheduled for August 4, 2011.
Front Range Resources LLC, Case number:11-GW-03
Designated Basin: Lost CreekDate of request: 02-Mar-11
Subject:Objection to an application for determination of water right
Status:Hearing scheduled for January 17 through 19, 2012 at 9:30 a.m. in Denver.
Front Range Resources LLC, Case number:11-GW-05
Designated Basin: Lost CreekDate of request: 24-Feb-11
Subject:Objection to three applications to change the use of the wells
Status: Stipulation has been reached between Applicant and Lost Creek GWMD. Order vacating hearing, remanding matter to staff and closing case mailed June 10, 2011.
Meridian Service Metropolitan Dist., Case number:09-GW-11
Designated Basin: <Upper Black SquirrelDate of request: 15-Jun-09
Subject:Objection concerning an application to change a determination of water right
Status:Stayed pending outcome of Case No. 08GW71 (Cherokee replacement case).
Morley Howard Investments LLC, Case number:07-GW-02
Designated Basin: <Upper Black SquirrelDate of request: 01-Mar-07
Subject:Objection to three change of Determination of Water Right Applications (Receipt Nos.
3610361 A - C).
Status:Pending Management District’s export hearing.
Springs East Airport, Inc., Case number:07-GW-69
Designated Basin: <Upper Black SquirrelDate of request: 10-Dec-07
Subject:Objection to application for a change of water rights for well with Permit No. 6055-FP.
Status:Hearing Officer’s decision appealed to Commission and the Commission upheld the Hearing Officer’s decision. On appeal to District Court.
Town of Akron, Case number:10-GW-05
Designated Basin: Camp CreekDate of request: 20-Dec-10
Subject:Objection to an application for new appropriation through an existing well for municipal
use in the Camp Creek Designated Ground Water Basin
Status:Objectors withdrew objection. Order vacating hearing, remanding matter to staff, and closing case mailed July 5, 2011.
Town of Akron, Case number:11-GW-01
Designated Basin: Camp CreekDate of request: 11-Jan-11
Subject:Objection to the issuance of a Final Permit for Conditional Permit No. 66117-F
Status:Hearing scheduled for July 12 and 13, 2011 at 10 a.m. in the Town of Akron on a trailing docket.
Town of Two Buttes, Case number:11-GW-04
Designated Basin: Southern High PlainsDate of request: 25-Mar-11
Subject:Objection to an application for new appropriation through an existing well for municipal use.
Status:Hearing scheduled for June 29, 2011 at 10 a.m. was vacated per Order of the Hearing Officer. No appeal filed and therefore, case closed on July 28, 2011.
.
Woodmen Hills Metro Dist, Case number: 03-GW-20
Designated Basin: Upper Black SquirrelDate of request: 30-Oct-03
Subject:Objection to (3) three applications to appropriate designated ground water from the
alluvial aquifer of Black Squirrel Creek, or its tributaries and an application for a
replacement plan to prevent injury to water rights of other appropriators and allow the
proposed appropriation from the alluvial aquifer. Receipt No 501564-A, B, and C.
Status:Awaiting republication and information from the Applicant.
Respectfully submitted
______________________________
Joseph (Jody) Grantham, Hearing Officer
5
HearingOfficersReport 8-19-11.pdf
ModifiedPriorityAugust2011Presentation.pdf
PacketMemo2011August.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 9, 2011
MEMORANDUM
TO: Ground Water Commission Members
FROM: Keith Vander Horst, Designated Basins Team
SUBJECT: Upcoming Ground Water Commission Meeting
The upcoming Ground Water Commission meeting is scheduled for 10:00 a.m. on Friday, August 19, 2011 at the Town of Castle Rock Council Chambers, 100 N. Wilcox, 2nd Floor, Castle Rock,
CO 80104. Please find herein enclosed the following:
Meeting agenda
Minutes of the last Commission meeting, Agenda Item No. 3
Staff Activity Report, Agenda Item No. 9, along with Staff’s report on interaction with and issues of conflict between Staff and the Upper Black Squirrel Creek GWMD
Attorney General’s Report, Agenda Item No. 10
Hearing Officer's Report
The request for variance, the objections to the request for variance, and prehearing statements on the request for variance for the following hearing is being provided to you via the
Hearing Officer’s ftp site at:
ftp://dwrftp.state.co.us/dwr/hearings/ftp://dwrftp.state.co.us/dwr/hearings/
Hearing on a request by Dean Goss for a variance to Rule 7.3.5 to allow the points of diversion of well permit nos. 27565-FP, 27566-FP, and 27567-FP to be changed to a location more
than ½ mile from the original permitted sites, consisting of an existing well, permit no. 11090-FP (related to case no. 11-GW-08).
Be advised the parties’ prehearing statements are due to be submitted by the parties on August 10, and should be available on the ftp site by August 11.
Please contact myself or Rich Nielsen if there are any questions.
cc:Commission Staff
Designated Ground Water Management Districts

Memorandum
Upcoming Commission Meeting
Page 2
Upcoming Ground Water Commission MeetingPage 2
August 6, 2010
DENNIS W. CORYELL, CHAIRMAN, Burlington; COREY M. HUWA, VICE-CHAIRMAN, Roggen; GRANT H. BLEDSOE, Wray; VIRGIL VALDEZ, Alamosa;
C. MAX SMITH, Walsh; CAROLYN F. BURR, Denver; LARRY W. CLEVER, Grand Junction; EARNEST L. MIKITA, Calhan; GEORGE H. SCHUBERT, Calhan
PacketMemo2011August.pdf
PermitEnforcementGuidelines_2011-8-15Draft.pdf
PermitEnforcementGuidelinesStatutes.pdf
QRTSTAT-2011Aug.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 (NEW & REPLACEMENT)
LARGE CAPACITY PERMITS
CHANGE OF WATER RIGHT
LARGE CAPACITY PERMITS,
MAY 1, 2011 THROUGH JULY 31, 2011
105.00
107.00
111.00
111.00
39.00
28.00
8.00
0.00
1.00
7.00
1.00
1.00
3.00
4.00
33.00
21.00
6.00
39.00
17.00
0.00
0.00
1.00
4.00
1.00
10.00
6.00
2.00
6.00
2.00
8.00
1.00
0.00
6.00
3.00
10.00
4.00
5.00
3.00
1.00
2.00
0.00
0.00
3.00
0.00
8.00
8.00
1.00
0.00
0.00
3.00
0.00
0.00
0.00
0.00
6.00
3.00
2.00
1.00
1.00
0.00
0.00
0.00
0.00
1.00
3.00
3.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
2.00
2.00
1.00
2.00
0.00
0.00
1.00
1.00
0.00
0.00
111.00
75.00
25.00
51.00
22.00
20.00
3.00
3.00
16.00
9.00
111.00
100.00
33.00
46.00
4.00
6.00
54.00
25.00
17.00
11.00
1.00
20.00
16.00
9.00
6.00
6.00
0.00

StaffReport_2011August.doc

STATE OF COLORADO
GROUND WATER COMMISSION
Division of Water Resources
Department of Natural Resources

1313 Sherman Street, Room 818
Denver, Colorado 80203
Phone [phone]
FAX [phone]
John W. Hickenlooper
Governor

Mike King
Executive Director, DNR

Dick Wolfe, P.E.
Executive Director