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<br />Agenda2010August.doc
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<br />Determine quorum
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<br />Review and approval of agenda items
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<br />Approval of Minutes for Meeting of May 21, 2010
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<br />Report of the Executive Director by State Engineer Dick Wolfe
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<br />Hearing on a petition by the Upper Big Sandy Ground Water Management District to amend Rules 5.2.7.1 and 5.2.7.2 of the Rules and Regulations for the Management and Control of Designated
<br /> Ground Water to define the extent of the Alluvial Aquifer of the Upper Big Sandy Designated Ground Water Basin, to identify such basin as overappropriated, and to to require replacement
<br /> plans for new large capacity wells in such basin. Case no. 09-GW-29.
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<br />Hearing of an appeal by Cherokee Metropolitan District to the Hearing Officer’s Findings of Fact, Conclusions of Law and Initial Decision regarding applications for Determinations of
<br /> Water Rights to ground water from the Laramie-Fox Hills, Arapahoe, and Denver Aquifers. Case nos. 05-GW-15, 16, & 17.
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<br />Hearing on a request by Yuma Ethanol, LLC, for a variance to Rules 7.7.2 and 7.10.2 so as to allow applications for a change in use on well permit nos. 11382-FP and 12650-FP to be evaluated
<br /> without quantification of the historic withdrawals and depletions to the aquifer that occurred subsequent to quantification of historical withdrawals and aquifer depletions under changes
<br /> in use that were approved for these permits in 2007.
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<br />Staff Report by Keith Vander Horst
<br />Response to request in May meeting to address, in Determination of Water Rights approvals, those GWMD rules that limit export from a GWMD.
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<br />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
<br /> to Agenda Item No. 14 for discussion in Executive Session if the Board has questions about the litigation.
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<br />District Reports:
<br />Marks Butte, Frenchman, Sand Hills and Central Yuma GWMDs by Nate Midcap
<br />W-Y GWMD by Jack Dowell
<br />Arikaree GWMD by Rod Mason
<br />Plains and East Cheyenne GWMDs by Deb Daniel
<br />Southern High Plains GWMD by Max Smith
<br />North Kiowa Bijou GWMD by Robert Loose
<br />Upper Black Squirrel GWMD by Dave Doran
<br />Upper Big Sandy GWMD by Dave Taussig
<br />Lost Creek GWMD by Thomas Sauter
<br />Republican River Water Conservation District by Stan Murphy
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<br />Old Business
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<br />New Business
<br />Appointment of Commission member to the Republican River Water Conservation District Board, by Stan Murphy
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<br />Public Comments
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<br />Executive Session (if needed)
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<br /> Adjournment
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<br />NOTICE OF GENERAL MEETING OF THE
<br />COLORADO GROUND WATER COMMISSION
<br />August 20, 2010
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<br />A G E N D A (page 2, cont.)
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<br />NOTICE OF GENERAL MEETING OF THE
<br />COLORADO GROUND WATER COMMISSION
<br />
<br />10:00 a.m., Friday, August 20, 2010
<br />
<br />Town of Castle Rock Council Chambers
<br />100 N. Wilcox, 2nd Floor, Castle Rock, CO 80104
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<br />A G E N D A
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<br />Agenda2010August.pdf
<br />AGReport2010-8-20..pdf
<br />AGReport2010-8-20.docx ATTORNEY GENERAL’S REPORT
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<br />ATTORNEY GENERAL’S REPORT
<br />Cases involving the Colorado Ground Water Commission
<br />August 20, 2010
<br />The listing below summarizes matters in which the Office of the Attorney General represents the Colorado Ground Water Commission as of August 6, 2010.
<br />pETITIONS TO amend boundaries of basin—Kroskob and Uhrick
<br />Case No. 09CV61
<br />Designated Basin: Kiowa-Bijou
<br />Management District: North Kiowa-Bijou
<br />Before: Morgan County District Court, Judge C. Vincent Phelps
<br />Attorney: Pat Kowaleski
<br />Subject: This matter involves two petitions to expand the boundaries of the Kiowa-Bijou Designated Ground Water Basin to include two square-mile parcels on the northeastern edge of
<br /> the basin, one contiguous with the existing basin and the other not contiguous. Staff published the petitions pursuant to direction from the Commission and received two objections,
<br /> one from the North Kiowa-Bijou Ground Water Management District and one joint objection from the Bijou Irrigation Co. and Bijou Irrigation District. Following a hearing on August 4-7,
<br /> 2008, the hearing officer issued an order denying the petitions, ruling that the petitioners did not meet their burden of proof. The Commission affirmed this initial decision at the
<br /> February meeting. <Petitioners have appealed the Commission’s decision, and the matter will be heard “de novo” by the District Court.
<br />Status: Two of the three claims of the complaint have been dismissed. A five day trial has been scheduled on the remaining claim for September 27-October 1, 2010.
<br />appeal of rules adopted by the upper black squirrel creek ground water management district
<br />Case No. 09SC1065
<br />Designated Basin: Upper Black Squirrel
<br />Management District: Upper Black Squirrel
<br />Before: Colorado Supreme Court
<br />Attorney: Pat Kowaleski
<br />Subject: Cherokee, Meridian Ranch, Meridian Service, Paint Brush Hills and Woodmen
<br />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. The Upper Black Squirrel
<br /> Creek District issued rules, that among other things, limited withdrawals from large capacity wells, beyond that allowed by the Commission’s permit. The Commission reviewed the rules
<br /> and found them to be reasonable and within the statutory authority of the Management District.
<br />The Metropolitan Districts filed an appeal with the District Court in El Paso County, and on December 12, 2008, the El Paso County District Court upheld the Commission’s approval of
<br /> the Management District Rules. In January, 2009, the District Court’s decision was appealed to the Court of Appeals by the parties who had objected to the rules, and the Court of Appeals
<br /> upheld the District Court’s, and the Commission’s,decision in November, 2009.
<br />Status:
<br />The Metropolitan Districts requested that the Supreme Court review the Court of Appeals decision, and, on August 2, 2010, the Supreme Court denied the request. The Commission's approval
<br /> of the Management Districts rules has been upheld, and the appeal process on the District’s rules is now over.
<br />Moser v. Ground Water Commission
<br />Case No. 07CV487
<br />Designated Basin: Proposed Box Elder Creek
<br />Management District:
<br />Before: Hon. James Hartmann, Weld County District Court
<br />Attorney: Pat Kowaleski
<br />Subject: The Commission denied the request of John Moser, et al, to create the Box Elder Creek Designated Basin, and Moser appealed the Commission’s decision to District Court.
<br />Status: In April of this year the appeal was dismissed by the District Court. <
<br />CHEROKEE METROPOLITAN DISTRICT
<br />Case No. 05-GW-15, 16, 17
<br />Designated Basin: Upper Black Squirrel
<br />Management District: Upper Black Squirrel
<br />Before: Jody Grantham, Hearing Officer
<br />Attorney: Jen Mele
<br />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
<br />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. The proceedings
<br /> were stayed pending the outcome of a district court action to determine the legal effect and validity of the applicant’s leases. After the district court held that the Ground Water
<br /> Commission has jurisdiction over this matter, the case went before the Hearing Officer for a hearing. The Hearing Officer determined that the leases did not convey rights to Denver
<br /> Basin water, although also held that Cherokee does have the right to Denver Basin water in situations in which Cherokee has express consent from the landowner to withdraw Denver Basin
<br /> water. Cherokee has appealed.
<br />Status: The matter was set in front of the Ground Water Commission for oral argument at the August 20, 2010 meeting.
<br />cherokee metropolitan district
<br />Case No. 08-GW-71
<br />Designated Basin: Upper Black Squirrel Creek
<br />Management District: Upper Black Squirrel Creek
<br />Before: Jody Grantham, Hearing Officer
<br />Attorney: Jen Mele
<br />Subject: An application for approval of a replacement plan to make new appropriations from the alluvial aquifer within the basin. Objections were submitted by the District, along with
<br /> four other water users in the basin. A hearing was held for two weeks in Denver beginning on June 8, 2009 during which the applicants completed their initial presentation and the objectors
<br /> began their presentations. An additional week of hearing scheduled for August 3 through 7, 2009 was vacated following a ruling from the Division 2 Water Court regarding Cherokee’s
<br /> use of some of its wells, subject to further negotiations and amendment of the proposed replacement plan.
<br />Status: This case was consolidated with change cases 08GW78 and 09GW15, and the trial was set to continue in January 2010. In November of 2009, the Upper Black Squirrel Creek Ground
<br /> Water Management District filed in District Court, in Case No. 98CW80 for a declaratory judgment asking the court to determine whether Cherokee is required to use its waste water as
<br /> recharge for the basin or if that waste water can be claimed as replacement credit under a replacement plan. The District also filed for a preliminary injunction to prevent Cherokee
<br /> from claiming waste water returns in the Basin as augmentation credit in the replacement plan in 08GW71 until the motion for declaratory judgment is resolved. The preliminary injunction
<br /> was granted, and Cherokee filed a motion to dismiss for lack of jurisdiction which was denied. Cherokee has appealed the determination by the water court that it has jurisdiction to
<br /> hear the issues raised by UBS to the Supreme Court. The matter is not yet fully briefed before the Supreme Court.
<br />cherokee metropolitan district
<br />Case No. 08-GW-78 09-GW-15</w:t></w:r></w
<br />Designated Basin: Upper Black Squirrel Creek
<br />Management District: Upper Black Squirrel Creek
<br />Before: Jody Grantham, Hearing Officer
<br />Attorney: Jen Mele
<br />Subject: Applications to change the type and place of use of wells. Objections were submitted by the District and other water users in the basin. Both cases were consolidated with
<br /> 08GW71.
<br />Status: See above.
<br />edna farmer et al.
<br />Case No. 09-GW-02
<br />Designated Basin: Upper Black Squirrel Creek
<br />Management District: Upper Black Squirrel Creek
<br />Before: Jody Grantham, Hearing Officer
<br />Attorney:
<br />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
<br /> this case with 08GW71, the replacement plan application by Cherokee and Meridian Service Metropolitan District, and09GW03, another application for determination of water right (discussed
<br /> below). This motion was denied by the hearing officer.
<br />Status: The hearing officer will set the matter for a hearing.
<br />daniel and theresa farmer et al.
<br />Case No. 09-GW-03
<br />Designated Basin: Upper Black Squirrel Creek
<br />Management District: Upper Black Squirrel Creek
<br />Before: Jody Grantham, Hearing Officer
<br />Attorney:
<br />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
<br /> 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
<br /> above). This motion was denied by the hearing officer.
<br />Status: The hearing officer will set the matter for a hearing.
<br />Yokam land holdings, llc
<br />Case No. 09-GW-04
<br />Designated Basin: Lost Creek
<br />Management District: None
<br />Before: Jody Grantham, Hearing Officer
<br />Attorney:
<br />Subject: An application for six new appropriations in the alluvial aquifer for irrigation and export for municipal purposes. An objection was filed by Morgan County Quality Water District,
<br /> which has moved (with Staff’s consent) to stay the application pending the Commission’s consideration of its petition to amend Rule 5.2.5.2 so as to declare the Hay Gulch subdivision
<br /> overappropriated. The applicant opposes the motion. The hea<ring officer granted a motion (consented to by all parties) by Lost Creek Land & Cattle Company, allowing it to intervene
<br /> in the case.
<br />Status: The matter has been stayed, upon consent by the Applicant, until resolution of the petition seeking to have the Commission enact a rule declaring the Hay Gulch portion of the
<br /> basin (in which the new appropriations would be located) to be over-appropriated.
<br />PV WAter II
<br />Case Nos. 09-GW-5 through 10
<br />Designated Basin: Lost Creek
<br />Management District: Lost Creek
<br />Before: Jody Grantham, Hearing Officer
<br />Attorney: Jen Mele
<br />Subject: Application for change of type and place of use of wells. Two objections were filed. Applicants stipulated with the objectors and moved for a remand to Staff.
<br />Status: The matter was remanded back to Staff and Staff has approved the applications.
<br />meridian service metro district
<br />Case No. 09-GW-11
<br />Designated Basin: Upper Black Squirrel
<br />Management District: Upper Black Squirrel
<br />Before: Jody Grantham, Hearing Officer
<br />Attorney: Jen Mele
<br />Subject: Application for a change of water right. Two parties filed objections.
<br />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</
<br /> resolution of the motions for declaratory judgment and preliminary injunction in 98CW80.
<br />Hay gulch petition for rulemaking
<br />Case No. 09-GW-12
<br />Designated Basin: Lost Creek
<br />Management District: Lost Creek
<br />Before: Jody Grantham, Hearing Officer
<br />Attorney: Jen Mele
<br />Subject: Petition for a rulemaking to amend Rule 5.2.5.2 to make the Hay Gulch subbasin of the Lost Creek Designated Basin overappropriated and to require replacement plans for new
<br /> large capacity wells.
<br />Status: A fact finding hearing was held before the Hearing Officer March 15-19, 22-23, 2010, and the petition went before the Ground Water Commission on May 21, 2010. The Commission
<br /> approved the petition to amend Rule 5.2.5.2.<
<br />Lost Creek (Main stem) petition for rulemaking
<br />Case No. 09-GW-13
<br />Designated Basin: Lost Creek
<br />Management District: Lost Creek
<br />Before: Jody Grantham, Hearing Officer
<br />Attorney: Jen Mele
<br />Subject: Petition for rulemaking to amend Rule 5.2.5.2 to make the main stem of the Lost Creek Designated Basin overappropriated and to require replacement plans for new large capacity
<br /> wells.
<br />Status: A fact finding hearing has been set for September 13-22, 2010 in front of the Hearing Officer and the matter will go before the Ground Water Commission on November 19, 2010.
<br />PV WAter II
<br />Case Nos. 09-GW-16 through 27
<br />Designated Basin: Lost Creek
<br />Management District: Lost Creek
<br />Before: Jody Grantham, Hearing Officer
<br />Attorney: Jen Mele
<br />Subject: Application for change of type of use of wells. Two objections were filed. Applicants have stipulated with one of the objectors but two objectors remain.
<br />Status: Applicant has entered into stipulations with the objectors. The matter was remanded back to Staff and Staff has approved the applications.
<br />Moshe Silagi
<br />Case Nos. 09-GW-28
<br />Designated Basin: Lost Creek
<br />Management District: Lost Creek
<br />Before: Jody Grantham, Hearing Officer
<br />Attorney: Jen Mele
<br />Subject: Application for determination of water right in the Laramie-Fox Hills aquifer. The city of Aurora filed an objection.
<br />Status: Applicants stipulated with the one objector in the case and it has been remanded to Staff for issuance of Findings on the application.
<br />upper big sandy petition for rulemaking
<br />Case No. 09-GW-29
<br />Designated Basin: Upper Big Sandy
<br />Management District: Upper Big Sandy
<br />Before: Jody Grantham, Hearing Officer
<br />Attorney: Jen Mele
<br />Subject: Petition for rulemaking to amend Rules 5.2.7.1 and 5.2.7.2 to define the extent of the alluvial aquifer and determine the alluvial aquifer within the basin is overappropriated
<br /> and require replacement plans for new large capacity wells.
<br />Status: A hearing was set for June 23 and 24 in front of the Hearing Officer, however was not necessary since there are no objectors in the case and after minor revisions petitioner
<br /> and Staff agree to the amendment to the rules. The petition will go before the Commission at the August 20, 2010 meeting.
<br />Northern colorado water association
<br />Case No. 09-GW-14
<br />Proposed Designated Basin: Upper Spring Creek
<br />Management District:
<br />Before: Jody Grantham, Hearing Officer
<br />Attorney: Scott Steinbrecher
<br />Subject: Petition to form new designated basin filed by the owners of several wells located just west of I-25 and south of the Colorado-Wyoming border. Fort Collins has objected to
<br /> the petition largely due to the fact that they own the majority of the land within the proposed designated basin.
<br />
<br />Status: This hearing in front of the Hearing Officer in this matter has been postponed until January 4-11, 2011.
<br />Cridlebaugh, Jody
<br />Case No. 10-GW-1
<br />Designated Basin: Kiowa-Bijou
<br />Management District: North Kiowa-Bijou
<br />Before: Jody Grantham, Hearing Officer
<br />Attorney: Jen Mele
<br />Subject: Application for change in use of water rights in the Upper Arapahoe aquifer. The North Kiowa-Bijou Ground Water Management District has filed an objection.
<br />
<br />Status: The objector withdrew is objections and the matter will be handled by Staff.
<br />7
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<br />AugustMeetingEnforcementReport.docx
<br />Enforcement Items and Actions
<br />Enforcement actions performed by staff this quarter are summarized below
<br />Northern High Plains
<br />Arikaree GWMD:
<br />Scott Powell was found to be in violation of his final permit, using an irrigation well to irrigate illegally expanded acres. A show cause letter has been sent out to Mr. Powell and
<br /> we are awaiting his response.
<br />Barry and Virginia Brown were found to be in violation of their final permit, using an irrigation well to irrigate illegally expanded acres. A show cause letter has been sent out to
<br /> Mr. and Mrs. Brown and we are awaiting their response.
<br />Brad Terrell was found to be in violation of his final permit, using an irrigation well to irrigate illegally expanded acres. A show cause letter has been sent out to Mr. Terrell and
<br /> we are awaiting his response.
<br />Grant Weiser was found to be in violation of his final permit, using an irrigation well to irrigate illegally expanded acres. A show cause letter has been sent out to Mr. Weiser and
<br /> we are awaiting his response.
<br />Larry and Carolyn Beckman have been found to be in violation of their final permit, using an irrigation well to irrigate illegally expanded acres. A show cause letter has been sent
<br /> out to Mr. and Mrs. Beckman and we are awaiting their response.
<br />Dean Weiser was found to be in violation of his final permit, using an irrigation well to irrigate illegally expanded acres. A show cause letter has been sent out to Mr. Weiser and
<br /> we are awaiting his response.
<br />Duane Richards was found to be in violation of his final permit, using an irrigation well to irrigate illegally expanded acres. A show cause letter has been sent out to Mr. Richards
<br /> and we are awaiting his response.
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<br />Kiowa Bijou
<br />It was reported that the Denver Islamic Society has been using a small capacity well for unpermitted commercial purposes. Staff has sent a show cause letter to the owners and we are
<br /> awaiting a response.
<br />Upper Black Squirrel Creek
<br />A complaint has been received by our office stating that Dean Goss has been pumping more than his large capacity well’s final permit allows. Staff is currently investigating the claim,
<br /> and a show cause letter will be sent to Mr. Goss.
<br />North Kiowa Bijou GWMD:
<br />Staff performed a field inspection to resolve a complaint involving the purported illegal use of five large capacity wells owned by Freund Investments. The inspection found that while
<br /> the pumps have been removed from the wells and there is no current illegal use of water, the wells have not been plugged and abandoned as required by Ground Water Commission orders.
<br /> An enforcement letter and a copy of the field report have been sent to the owner as well as the Ground Water Management District, who filed the original complaint. Staff will return
<br /> to the well sites in the fall to ensure the wells have been properly plugged and abandoned.
<br />HOReport2010-8-20.pdf
<br />MinutesOf2010-05_Draft.docx MINUTES
<br />
<br />MINUTES
<br />SECOND QUARTERLY MEETING
<br />COLORADO GROUND WATER COMMISSION
<br />May 21, 2010
<br />The Second Quarterly Meeting of the Colorado Ground Water Commission took place on May 21, 2009, at Castle Rock Town Hall, 100 N Wilcox, Castle Rock, Colorado. Chairman <Dennis Coryell
<br /> called the meeting to order at 10:00 a.m. Mr. Rick Nielsen called the roll and determined that a quorum was present. Commission members present were Grant Bledsoe, Carolyn Burr, Larry
<br /> Clever, Dennis Coryell, Cory Huwa, Earnest Mikita, George Schubert, Max Smith, Virgil Valdez, Mike King, Ted Kowalski and Dick Wolfe. Staff members present were Keith Vander Horst,
<br /> Rick Nielsen, Chris Grimes, Justina Farris, David Keeler and Jay Bloomfield. Also present were Jody Grantham, Hearing Officer, Scott Steinbrecher, A.G. for the Commission and Jennifer
<br /> Mele, A.G. for staff. Members of the public were also present.<
<br />Review and Approval of Agenda Items
<br />Commissioner Burr moved to approve the agenda as presented.
<br />Commissioner Clever seconded the motion which passed unanimously.
<br />Agenda item no. 3, Chairman Coryell read into the record a resolution recognizing the service to the Commission of Douglas Shriver.
<br />Commissioner Clever moved to adopt the resolution.
<br />Commissioner Smith seconded the motion which passed unanimously
<br />Chairman Coryell then presented the resolution and a plaque recognizing the service of Douglas Shriver to Karla Shriver.
<br />Approval of Minutes for Meeting of February 19, 2010 Chairman Coryell asked if there were any corrections or additions to the minutes. There being <none:
<br />Commissioner Mikita moved to approve the minutes as presented.
<br />Commissioner Burr seconded the motion which carried unanimously.
<br />Report of the Executive Director by Dick Wolfe
<br />Mr. Wolfe welcomed Virgil Valdez, the new Commission member from the San Luis Valley and Mike King the new Executive Director of the Department of Natural Resources to the commission.
<br />He then updated the Commission on the non-binding arbitration process for the Republican River compact compliance pipeline. The trial is set for July. The good news is that the State
<br /> of Nebraska now supports the pipeline. <In a related matter, Kansas has filed motions before the Supreme Court because against Nebraska an arbiter found only $10,000.00 in damages when
<br /> Kansas was seeking 72 Million. We will be participants in this matter.
<br />Mr. Wolfe updated the Commission on the status bills from the 2010 legislative session:
<br />SB-27 allowing for financial penalties (not to exceed $500.00 per day) to be assessed against surface water user’s (current statutes only allow for penalties against ground water users’)
<br /> that violate the terms and conditions of their water rights was signed by the governor.
<br />SB-52 which changes the statute so that if a Designated Basin or portion thereof is de-designated any conditional or final permits are not affected was signed by the governor.
<br />SB-165, giving the State Engineer an extra three months to process the thousands of permit applications and substitute water supply plans submitted by the oil and gas industry across
<br /> the state was signed by the governor.
<br />HB-1006 authorizing the Division of Water Resources to access the severance tax funds as a funding source and providing the Division some flexibility during economic downturns died in
<br /> committee. This will cause the Division to eliminate six (6) positions by July 1st.
<br />Mr. Wolfe concluded his report by informing the Commission that Jim Hall, Division Engineer for Division One, the South Platte Basin will be retiring in June. He then asked Commissioner
<br /> King if he had any comments.<
<br />Mr. King greeted the commissioners. He said he will attempt to attend all the meetings but that may difficult as he sits on seventeen boards and commissions. He invited the commissioners
<br /> to setup a personnel meeting with him at any time to discuss their concerns.
<br />Chairman Coryell called for agenda item no. 6, a hearing of a petition by Morgan County Quality Water District to amend Rule 5.2.5.2 of the Rules and Regulations for the Management and
<br /> Control of Designated Ground Water to make over appropriated that portion of the Lost Creek Designated Ground Water Basin known as the Hay Gulch Sub-basin and to require replacement
<br /> plans for new large capacity wells therein, case no. 09-GW-12.
<br />Mr. Jeff Kahn, attorney, representing Morgan County Quality Water District addressed the Commission. He pointed out that the District Board and many residents were present in support
<br /> of the petition. A power point presentation was used throughout the presentation.<
<br />He opened his comments by orientating the Commission with the geographic and hydrologic layout of the basin and the location of the district wells which provide over one-half of the
<br /> district’s water supplies. He stated that the District wells are the only high capacity <wells in the basin.
<br />Mr. Kahn explained that staff had recently informed the District that Hay Gulch had never been officially determined to be over-appropriated but that for the past thirty years staff
<br /> had treated the basin as over-appropriated and issued no new permits.
<br />He stated that the Hearing Officer, as directed by the Commission, did over a period of seven days conduct a fact finding hearing. He went on to say that of the six parties in the hearing,
<br /> only Yokum LLC., opposed closing the basin.
<br />Mr. Kahn took a few minutes to discuss the proposed well locations, proposed uses of the water and the affects to their system by the requested permits of Yokum LLC.
<br />He summarized the findings of the Hearing Officer before concluding his remarks with a request that the Commission support sustainability by amending the rule.
<br />There were no questions of Mr. Kahn at this time.
<br />Mr. Kip Barthlama, Morgan County Quality Water District board member, addressed the Commission. He provided a brief history of the formation of the District and requested that the Commission
<br /> adopt the rule.
<br />Mr. Steve Larson, attorney, for Yokum Land Holding LLC addressed the Commission after handing out some documents. H<is opening comments addressed the water balance in the basin. He
<br /> proceeded to discuss interpretation of statute stressing the full economic development of an aquifer (C.R.S. 37-90-102) and withdrawal not being materially in excess of recharge (C.R.S.
<br /> 37-90-111). Mr. Larson suggested an aquifer life of 100 years.<
<br />Mr. Eric Harmon a hydrogeologist for Yokum Land Holding LLC next addressed the Commission. He briefed the Commission on the hydrology of the basin. He mentioned that the basin is recharged
<br /> by precipitation causing the effects of pumping to spread slowly throughout the basin. Mr. Harmon suggested that a monitoring program could be established that would provide an early
<br /> warning for aquifer depletion leading to the curtailment of junior water rights. He also suggested that terms and conditions could be added to the well permits to better manage the
<br /> aquifer.
<br />Mr. Harmon and Mr. Larson answered questions of the Commission.
<br />Ms. Jen Mele representing Staff addressed the commission. She opened her comments by stating that <Staff does support the petition. She mentioned that both models (Morgan County Quality
<br /> Water District and Yokum Land Holdings LLC.) are credible and both show depletions to the system. Ms. Mele pointed out that the models use current diversions and not <the permitted
<br /> diversions, which exceed recharge. She advised the Commission that they have latitude in determining allowable withdrawal and can set it below the current average rate of withdrawal
<br /> making the basin over-appropriated. Regarding the monitoring program suggested by Mr. Harmon, Ms. Mele noted that due to lag time it takes a year or more to observe declining water
<br /> levels in the monitoring wells. <Ms. Mele concluded her remarks on an administrative issue. When rules are adopted or amended a basis and purpose is required, a copy of which is in
<br /> their packets.
<br />There were no questions of Ms. Mele.
<br />Mr. Mike Shimmin, attorney, representing Lost Creek Land and Cattle addressed the Commission. He opened his comments with a description of the holdings of Lost Creek Land and Cattle.
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