DWR_3348284 - Laserfiche WebLink

Home Search

'07 August meeting and tour.pdf AgendaAug07.doc Determine quorum Review and approval of agenda items Approval of Minutes for Meeting of May 18, 2007 Report of the Executive Director by Assistant State Engineer Dick Wolfe Biennial Election of Chair and Vice-Chair Hearing on the request by the Town of Bennett for a Variance to Rule 5.3.7, to allow the withdrawal of water that is subject to the Town’s currently pending Determinations of Water Right (Receipt Nos. 518590 A-D; in the Laramie-Fox Hills, Lower Arapahoe, Upper Arapahoe, and Denver Aquifers) not only from wells located on the overlying land area, but also from wells located on land subsequently included or annexed into the Town. Staff Report by Keith Vander Horst. Report of the Attorney General by Devin Odell District Reports: Marks Butte, Frenchman, Sand Hills and Central Yuma GWMDs by Nate Midcap W-Y GWMD by Jack Dowell Arikaree GWMD by Roger Brenner Plains and East Cheyenne GWMDs by Deb Daniel Southern High Plains GWMD by Max Smith North KiowaBijou GWMD by Robert Loose Upper Black Squirrel GWMD by Tracy Doran Upper Big Sandy GWMD by Dave Taussig Lost Creek by GWMD by Thomas Sauter Republican River Water Conservation District by Stan Murphy Old Business New Business Executive Session: Pioneer Irrigation District, Colorado Board v. Colorado Ground Water Commission, Yuma County District Court, Case No. 06CV31 Appeal of Upper Black Squirrel Creek GWMD Rules 17, 18, & 19 by Cherokee, Meridian Ranch, Meridian Service Paint Brush Hills, and Woodmen Hills Metropolitan Districts, El Paso County District Court, Case No. 04CV4457 Adjournment NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION May 19, 2006 Revised A G E N D A (cont.) NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION 8:30 a.m., Friday, August 17, 2007 Sheraton Hotel 2886 South Circle Drive Colorado Springs, CO 80906 719-576-5900 A G E N D A AgendaAug07-Amended.doc Determine quorum Review and approval of agenda items Approval of Minutes for Meeting of May 18, 2007 Report of the Executive Director by Assistant State Engineer Dick Wolfe Biennial Election of Chair and Vice-Chair Hearing on the request by the Town of Bennett for a Variance to Rule 5.3.7, to allow the withdrawal of water that is subject to the Town’s currently pending Determinations of Water Right (Receipt Nos. 518590 A-D; in the Laramie-Fox Hills, Lower Arapahoe, Upper Arapahoe, and Denver Aquifers) not only from wells located on the overlying land area, but also from wells located on land subsequently included or annexed into the Town. Staff Report by Keith Vander Horst. Report of the Attorney General by Devin Odell District Reports: Marks Butte, Frenchman, Sand Hills and Central Yuma GWMDs by Nate Midcap W-Y GWMD by Jack Dowell Arikaree GWMD by Roger Brenner Plains and East Cheyenne GWMDs by Deb Daniel Southern High Plains GWMD by Max Smith North KiowaBijou GWMD by Robert Loose Upper Black Squirrel GWMD by Tracy Doran Upper Big Sandy GWMD by Dave Taussig Lost Creek by GWMD by Thomas Sauter Republican River Water Conservation District by Stan Murphy Old Business Assignment to the Hearing Officer of the Petition by Pioneer et al to alter the boundaries of the Northern High Plains Designated Ground Water Basin (Case No. 05-GW-14) New Business Appointment of Commission representative to the Republican River Water Conservation District, by Stan Murphy Executive Session: Pioneer Irrigation District, Colorado Board v. Colorado Ground Water Commission, Yuma County District Court, Case No. 06CV31 Appeal of Upper Black Squirrel Creek GWMD Rules 17, 18, & 19 by Cherokee, Meridian Ranch, Meridian Service Paint Brush Hills, and Woodmen Hills Metropolitan Districts, El Paso County District Court, Case No. 04CV4457 Adjournment NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION May 19, 2006 Revised A G E N D A (cont.) NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION 8:30 a.m., Friday, August 17, 2007 Sheraton Hotel 2886 South Circle Drive Colorado Springs, CO 80906, 719-576-5900 AMENDED - A G E N D A AgendaAug07-Amended.pdf AGReport2007-8-17.docATTORNEY GENERAL’S REPORT Cases involving the Colorado Ground Water Commission August 17, 2007 The listing below summarizes all matters in which the Office of the Attorney General represents the Colorado Ground Water Commission as of August 6, 2007. cherokee metropolitan District Case No. 98 CW 80 Designated Basin: Upper Black Squirrel Management District: Upper Black Squirrel Before: Dennis Maes, Water Judge Attorney: Jennifer Mele Subject: The Cherokee Metropolitan District filed a motion to interpret stipulation regarding the 8 Sweetwater Wells between Cherokee, the Commission, and the Upper Black Squirrel Creek Ground Water Management District. Cherokee appealed the Water Court’s decision upholding the position of the Commission that the 8 Sweetwater wells may only be used in an emergency to the Supreme Court, which affirmed the Water Court. (Opinion attached to the materials for the February, 2007 meeting.) Status: At the contempt hearing on July 25, 2007 Cherokee and the District returned to court after the lunch break with a settlement. The settlement would prohibit pumping of the Cherokee Well Nos. 1-8 for a period of two years from July 25, 2007 to July 24, 2009 to supply water to any other user except Harding Nursery. Cherokee would also pay $7,500 for 255 acre feet illegally pumped from those wells. The exact terms of the stipulation are not yet finalized. WAYNE E. and frances g. booker Case No. 04-CV-2800 Designated Basin: Upper Black Squirrel Management District: Upper Black Squirrel Before: Hon. David Gilbert, El Paso County District Court Attorney: Pat Kowaleski Subject: This case involved applications to relocate several wells. The Applicants appealed the Staff’s evaluation of their application and requested a hearing before the Commission to obtain a variance from Commission Rules. The setting of a hearing before the Hearing Officer was postponed until after the variance request hearing. The Commission denied the variance request at its February 21, 2003 meeting. A hearing in this matter was held on September 9, 2003. On September 17, 2003, the Hearing Officer issued his Initial Decision and found as follows: (1) The applications are for changes of water right pursuant to section 37-90-111(1)(g), C.R.S. and Commission Rule 7; (2) According to Commission Rule 7.3.2, there is no water available to move to the new well locations requested by the Applicant; (3) The Applicants’ request to be excluded from the requirement of including years of non-use in their historic use analysis “for good cause” pursuant to Commission Rule 7.10.1 is denied; and (4) Because there is no water available to move, the applications are denied. The Applicants filed Exceptions to the Hearing Officer’s Initial Decision, and by order dated June 15, 2004, the Commission upheld the Initial Decision. On July 15, 2004 the Applicants appealed the Commission’s decision to the El Paso County District Court, and trial was held October 31- November 3 in Colorado Springs. Status: By Order dated November 17, 2006, Judge Schwartz , in a de novo decision, agreed with the Commission that the well permit applications should be denied because of the Commission’s rule against “walking to water.” The Applicants have requested the Court to reconsider its decision, and that request is pending. In the meantime the Commission has submitted its Bill of Costs, asking that costs of approximately $1000 be awarded to the Commission. A hearing on the reasonableness of the costs will take place on August 24. appeal of rules adopted by the upper black squirrel creek ground water management district Case No. 04 CV 4457 Designated Basin: Upper Black Squirrel Management District: Upper Black Squirrel Before: Hon. Larry Schwartz, El Paso County District Court Attorney: Pat Kowaleski Subject: Cherokee, Meridian Ranch, Meridian Service, Paint Brush Hills and Woodmen Hills Metropolitan Districts filed an appeal to the adoption of Rule Nos. 3, 17, 18, and 19 by the Upper Black Squirrel Creek Ground Water Management District. Status: The Upper Black Squirrel Creek District issued rules limiting withdrawals from large capacity wells, and, pursuant to statute, the Commission was required to approve the rules. On October 29, 2004, Cherokee et al filed an appeal with the District Court in El Paso County. The Commission filed a Motion to Dismiss the District Court action on the grounds that the Commission had not yet completed its review, and the matter was therefore not ripe for an appeal to District Court. The District Court put the matter on hold until the Hearing Officer and the Commission acted on the remand to the Hearing Officer. The remand to the Hearing Officer has been completed and a status conference will be held on October 5 to determine the future course of the proceedings. This matter will be presented in executive session to seek any input on this matter from the Commission. WOODMAN HILLS METRO DISTRICT Case No. 03-GW-20 Designated Basin: Upper Black Squirrel Management District: Upper Black Squirrel Before: Jody Grantham, Hearing Officer Attorney: Devin Odell Subject: Woodmen Hills Metro District submitted three applications to appropriate ground water from the alluvial aquifer of the Black Squirrel Creek or its tributaries, through the use of three surface ponds and for approval of a replacement plan. The District objected contending that approval will have an adverse effect on vested water rights. Following vacation of the hearing scheduled in 2005, the applicant is now revising the application for republication to include an accurate account of the number of ponds and other areas that are subject to the Commission’s jurisdiction. Status: Woodmen Hills submitted a new replacement plan on September 6, 2006, and it is pending evaluation by Staff. paint brush hills metro district Case No. 05-GW-02, 03, 04 Designated Basin: Upper Black Squirrel Management District: Upper Black Squirrel Before: Jody Grantham, Hearing Officer Attorney: Devin Odell Subject: These cases involve: 1) two applications for changes of water rights to change permitted beneficial uses (05GW03, 05GW04); and 2) a replacement plan to allow the withdrawal of designated ground water from the Dawson aquifer (05GW02). Status: The Applicant has not set a new prehearing conference after vacating the one scheduled for June 16, 2006. pioneer irrigation district Case No. 05-GW-14 Designated Basin: Northern High Plains Attorney: Pat Kowaleski Before: District Court Judge Connie Peterson Subject: The Pioneer Irrigation District, Colorado Board, and certain owners of the Laird Ditch (“Pioneer”) filed a Petition for Hearing with the Ground Water Commission seeking a hearing to ascertain the accuracy of the current boundaries and descriptions associated with the Northern High Plains Designated Ground Water Basin (“Basin”) for the purpose of excluding water that is allegedly tributary. In addition to de-designating the ground water, the petition sought to require wells in the Northern High Plains Designated Ground Water Basin to curtail pumping or, in some cases, cease pumping. The Commission dismissed the petition, and Pioneer appealed that decision to the district court in Yuma County. Status: The parties have filed cross motions for summary judgment and determinations of questions of law. These are now fully briefed and awaiting rulings by the Court. CHEROKEE METROPOLITAN DISTRICT Case No. 05-GW-15, 16, 17 Designated Basin: Upper Black Squirrel Management District: Upper Black Squirrel Before: Staff Attorney: Devin Odell Subject: These cases involve nine applications for the withdrawal of groundwater from the Upper Black Squirrel Designated Ground Water Basin on land leased by the applicant. In its November 2006 meeting, the Commission directed Staff to proceed with evaluation and publication of the applications and notify the legal land owners of the applications. Status: The applications contained discrepancies in the legal descriptions of the overlying land. The Staff returned them to Applicant in late January to correct the deficiencies, received them back in late July, and is now processing them. FALCON HIGHLANDS METRO DISTRICT Case No. 06-GW-24 Designated Basin: Black Squirrel Creek Management District: Black Squirrel Creek Before: Jody Grantham, Hearing Officer Attorney: Devin Odell Subject: Falcon Highlands Metro District submitted three applications to change the place of use of Determinations of Water Rights and the Upper Black Squirrel Creek Ground Water Management District objected based, among other things, on their concern that the application would involve the export of water from the Upper Black Squirrel Designated Basin. Status: The District will proceed with a hearing on export, if requested, and consider further information. If no hearing is requested, it will rule following its meeting in May. EASTERN ADAMS COUNTY METRO DISTRICT Case No. 06-GW-34 Designated Basin: Kiowa-Bijou Management District: Kiowa-Bijou Before: Jody Grantham, Hearing Officer Attorney: Devin Odell Subject: This is an application for an alluvial well and replacement plan. After the Management District objected that the application was speculative, a hearing was set before the hearing officer. The hearing officer rejected the objection and directed staff to prepare findings and an order approving the well and replacement plan. The District withdrew its appeal after reaching a stipulation with the applicant. Status: Staff is now preparing the findings and order approving the replacement plan and the well permit. CARGILL CATTLE FEEDER, llc Case No. 06-GW-36 Designated Basin: Norther High Plains Management District: W-Y Ground Water Management District Before: Jody Grantham, Hearing Officer Attorney: Devin Odell Subject: Cargill Cattle Feeder, LLC, submitted an application for a change of use. District objected, contending among other issues, that the application in its current for will allow the Applicant to bank the water. A prehearing conference was vacated to give the applicant and the district an opportunity to resolve the dispute. Status: The Applicant and the District are currently working on settlement. Morley-howard investments, llc Case No. 07-GW-02 Designated Basin: Upper Black Squirrel Management District: Upper Black Squirrel Before: Jody Grantham, Hearing Officer Attorney: Devin Odell Subject: This case involves three applications for change of determination of water right to increase the area of application, including the export of designated ground water from the Laramie-Fox Hills, Arapahoe and Denver aquifers. The District has object that approval of the applications would result in an adverse effect on vested rights in the Upper Black Squirrel Creek Designated Basin, that export must be approved by the District, and that the application is speculative with respect to some uses. Status: The hearing is postponed pending a hearing before the board of the District. APEX RANCH ESTATES, LLC Case No. 07-GW-04 Designated Basin: Kiowa-Bijou, Upper Black Squirrel Management District: Upper Black Squirrel Before: Jody Grantham, Hearing Officer Attorney: Devin Odell Subject: This case involves an application for a replacement plan. The objector, Oaks Ranch, LLLP, is a landowner downstream on Kiowa Creek. Status: A hearing has been set for August 22, 2007. Habakkuk Case No. 07-GW-05 Designated Basin: Upper Black Squirrel, Kiowa-Bijou Management District: Upper Black Squirrel Before: Jody Grantham, Hearing Officer Attorney: Devin Odell Subject: This case involves an application for a replacement plan. The objector, Oaks Ranch, LLLP, is a landowner downstream on Kiowa Creek. Status: A hearing has been set for August 22, 2007. PV wATER AND SANITATION Case No. 07-GW-06 Designated Basin: Lost Creek Management District: Lost Creek Before: Jody Grantham, Hearing Officer Attorney: Devin Odell Subject: This case involves two applications for determination of water right to allow the allocation of designated ground water from the Laramie-Fox Hills and Araphoe aquifers underlying 19 parcels, totaling about 4,400 acres. All or a portion of the water may be exported out of the Lost Creek Designated Basin, according to the application. The Objector has indicated that they believe that the Commission staff’s determination that the water is nontributary is not correct, based on engineering by its engineer. In addition, the Objector suggests that the District should hold a hearing as to the issue of export prior to any hearing before the Commission. The Applicant has filed a motion requesting a determination by the hearing officer as to the scope of any challenge to the applications. Status: A hearing has been set in this matter for September 19, 2007, but may be delayed due to procedural and substantive motions filed by the parties. Northpoint Partners Case No. 07-GW-12, 13 Designated Basin: Lost Creek Management District: Lost Creek Before: Jody Grantham, Hearing Officer Attorney: Devin Odell Subject: This matter involves applications to change the type of use of two wells from irrigation use to municipal, commercial, industrial, domestic, augmentation, replacement, irrigation, stock watering, fish and wildlife purposes, recreation, residential and fire protection uses. The applications also propose changes in place of use and involve export of water out of the boundary of the Lost Creek Ground Water Management District. The District objected. Status: A hearing has been set for this matter on November 14, 2007. Chris Glover Case No. 07-GW-14 through 17 Designated Basin: Lost Creek Management District: Lost Creek Before: Jody Grantham, Hearing Officer Attorney: Devin Odell Subject: This matter involves applications to change the type of use of four wells from irrigation use to municipal, commercial, industrial, domestic, augmentation, replacement, irrigation, stock watering, fish and wildlife purposes, recreation, residential and fire protection uses. The applications also propose changes in place of use and involve export of water out of the boundary of the Lost Creek Ground Water Management District. The District objected. Status: A hearing has been set for this matter on November 15, 2007. 6 6 AGReport2007-8-17.pdf Colorado Groundwater Commission APPOINTMENT.doc APPOINTMENT TO THE REPUBLICAN RIVER WATER CONSERVATION DISTRICT BOARD OF DIRECTORS The Board of Commissioners of the Colorado Groundwater Commission appoints the following person to serve on the Board of Directors of the Republican River Water Conservation District for a three year term that will expire on the date of the regular quarterly meeting to be held the second Thursday in October of 2010. Name: Dennis W. Coryell Address: 54263 County Road X City/St/Zip: Burlington, CO 80807 Phone: (719) 346-8319 FAX: (719) 346-8993 e-mail: dcor@starband.net ____________________________________ Signature ____________________________________ Date EnforcemenItemsandActionsGWC.doc Enforcement Items and Actions Enforcement actions performed by staff this quarter are summarized below: NORTHERN HIGH PLAINS W-Y GWMD -The Colorado State Land Board was identified as using an irrigation well to irrigate illegally expanded acres. They have agreed to reduce the illegally expanded acres, and are now operating in compliance with the permit. -Timmerman Feeding Corporation was identified as using an irrigation well to irrigate illegally expanded acres. They have agreed to reduce the irrigated acreage to the permitted allocation. A field inspection will be necessary for verification of permit compliance. -Francis Rogers was identified as using an irrigation well to irrigate illegally expanded acres. We are currently working with the Mr. Rogers to correct the violation. -Ruben Richardson continues to use an irrigation well to irrigate illegally expanded acres. In the summer of 2006 Mr. Richardson agreed to reduce the irrigated acreage to the permitted allocation. At that time, he also submitted an application to change the description of irrigated acres. A recent field inspection indicates that Mr. Richardson has returned to operating the well illegally. Staff is currently working on issuing a cease and desist order for this well. -Williard Gorman was identified as using an irrigation well to irrigate illegally expanded acres. Mr. Gorman is currently working with staff to correct the violation. Sand Hills GWMD - William Cure continues to operate two wells in violation of cease and desist orders issued in the summer of 2006. Staff is currently working with the AG’s office to enforce these orders, and court injunctions are being prepared. Mr. Cure will be responsible for monetary fines as outlined in Senate Bill 225 as well as court costs awarded in the litigation and enforcement process. Plains GWMD -Casey Mitchek failed to enter into an administrative contract for 2007 irrigation year as required by his commingling authorization. Working with the Deb Daniels of the Plains GWMD, staff has gotten Mr. Mitchek to sign an administrative contract with the District. He is now operating in compliance with his order. -Marylyn Hasart was identified as using an irrigation well to irrigate illegally expanded acres. Mrs. Hasart has applied to change the description of acres irrigated by the well, and has agreed to reduce the illegally expanded acres. Arikaree -Donald Richards failed to enter into an administrative contract for the 2007 irrigation year as required by his commingling authorization. Mr. Richards has entered into an administrative contract with Y-W Electric. He is now operating in compliance with his order. Guideline2007-1.pdf GWC_RepresentativeTo_RRWCD.pdf HearingOfficer2007-8-17.pdf LastMaiinglOfAgenda.docAugust 3, 2007 To Whom It May Concern: Be advised that subsequent to this mailing the agendas of the Colorado Ground Water Commission meetings will no longer be mailed to you. This and future agendas will be available on the Commission’s website, http://water.state.co.us/cgwc. Agendas are posted on the website approximately 3 weeks before each meeting. Sincerely, Staff of the Commission August 3, 2007 To Whom It May Concern: Be advised that subsequent to this mailing the agendas of the Colorado Ground Water Commission meetings will no longer be mailed to you. This and future agendas will be available on the Commission’s website, http://water.state.co.us/cgwc. Agendas are posted on the website approximately 3 weeks before each meeting. Sincerely, Staff of the Commission August 3, 2007 To Whom It May Concern: Be advised that subsequent to this mailing the agendas of the Colorado Ground Water Commission meetings will no longer be mailed to you. This and future agendas will be available on the Commission’s website, http://water.state.co.us/cgwc. Agendas are posted on the website approximately 3 weeks before each meeting. Sincerely, Staff of the Commission Map.pdf Minutes-2nd '07.doc MINUTES SECOND QUARTERLY MEETING COLORADO GROUND WATER COMMISSION MAY 18, 2007 The Second Quarterly Meeting of the Colorado Ground Water Commission took place on May 18, 2007, at 1313 Sherman Street, Room 318, Denver, Colorado. Chairman Max Smith called the meeting to order at 10:00 a.m. Marta Ahrens called the roll and determined that a quorum was present. Commission members present were Grant Bledsoe, Larry Clever, Dennis Coryell, Corey Huwa, Frank Jaeger, Robert Loose, Earnest Mikita, Doug Shriver, Max Smith, Alex Davis, Hal Simpson, and Ted Kowalski. Review and Approval of Agenda Items – The agenda was amended to include an Executive Session during lunch to discuss the Pioneer Irrigation District Case. Commissioner Mikita moved, and Commissioner Jaeger seconded, approval of the agenda. Approval of Minutes for Meeting of November 17, 2006 - Chairman Smith asked if there were any corrections or additions to the Minutes of the February 16, 2007 meeting. Commissioner Coryell moved to accept the Minutes; the motion was seconded by Commissioner Shriver and carried unanimously. Report of the Executive Director by Hal Simpson – Mr. Simpson welcomed Ms. Alexandra Davis to the Commission. She was appointed by Harris Sherman as the new Assistant Director for Water for the Department of Natural Resources two weeks ago. Ms. Davis served the state for a number of years at the Attorney General’s Office as lead water attorney on a number of cases for the Division of Water Resources. She will be the Department’s representative and a voting member on the Commission. With regard to the water supply conditions, Mr. Simpson reported that they are not good for most of the state and will be experiencing low streamflows. The South Platte is above average at 102% and flowing 250 cfs at the stateline; the San Juan is at 55 percent of average; the Yampa/White is at 40 percent of average; and the Upper Colorado River is at 63 percent of average. However, in northeastern Colorado, they are starting to see consistent flows in some of the streams in the Republican River basin, which is encouraging because it’s the first time in five years that there are flows somewhat similar to what has historically occurred out there. Mr. Simpson reported that they are meeting and negotiating on two fronts on the Arkansas River litigation. They are working on resolving the on-going accounting disagreements on releases of water from John Martin Reservoir. The states have resolved the majority of the 60 issues that were remaining; and, more recently, have drafted appendices to the final decree which discusses how to repay a shortfall if Colorado would have a shortfall when an accounting is performed after each ten-year period. Colorado’s accounting that was presented to Kansas in March showed a 13,000 acre-foot credit over the 10-year period 1997-2006, Kansas’ accounting shows a 3,000 acre-foot credit. One of the items under negotiation will be whose version will be used to show what the final credit will be. A final report is expected from the Special Master approximately two months after the negotiations are finished. With regard to the Republican River Compact, Mr. Simpson stated that the allocation for 2007 is better due to higher streamflows. The Republican River Water Conservation District is looking at augmentation pipelines to take water from the dry-up acreages. The CREP program is coming into full production to help reduce depletions close to the North Fork and the South Fork. A second CREP is being considered for additional dry-up. Mr. Simpson concluded by stating that one of the greatest experiences in his tenure was working with the Commission and he thanked them for their hard work and dedication. He stated that the hearing today will be one of the most difficult decisions that the Commission has had to deal with since he’s been Executive Director of the Commission. Hearing on appeal of the Initial Decision of the Hearing Officer concerning the Petition to Create the Box Elder Creek Designated Ground Water Basin, John Moser and the Central Colorado Water Conservancy District Petitioners (Case no. 06-GW-23) - Chairman Smith called the hearing to order. Mr. Pat Kowaleski, of the Attorney General’s Office, was conflicts counsel. Each side was allowed 45 minutes for testimony. The following persons provided testimony before the Commission: Mr. Andy Jones, representing the petitioner, CCWCD and John Moser (well owner), summarized the history of the basin that was used as evidence during the hearing. He stated that ground