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<br />2014-02-21_MinutesDraft.docxMINUTES <br /> <br />MINUTES <br />FIRST QUARTERLY MEETING <br />COLORADO GROUND WATER COMMISSION <br />FEBRUARY 21, 2014 <br />The first Quarterly Meeting of the Colorado Ground Water Commission took place on February 21, 2014, at the Centennial Building, 1313 Sherman St, Room 318, Denver, Colorado. Chairman <br /> <Cory Huwa called the meeting to order at 10:00 a.m. Mr. Richard Nielsen called the roll and determined that a quorum was present. Commission members present were Carolyn Burr, Larry <br /> Clever, Corey Huwa, Steve Kramer, Greg Larson, Max Smith, Scott Tietmeyer, Mike King, Mike Sullivan and James Eklund. Staff members present were Kevin Rein, Keith Vander Horst, Richard <br /> Nielsen, Chris Grimes, Jay Bloomfield, Justina Mickelson, David Keeler and Ralf Topper. Also present were Jody Grantham, Hearing Officer, Pat Kowaleski, A.G. for the Commission and <br /> Jennifer Mele, A.G. for staff. <Members of the public were also present. <br />Chairman Huwa welcomed incoming Commissioners Greg Larson and Scott Tietmeyer to the Commission. <br />Mike Sullivan, acting as Executive Director, acknowledged the dedication and service of outgoing commissioners Earnest Mikita and Grant Bledsoe. <br />Mr. Sullivan read into the record a resolution recognizing Mr. Bledsoe’s nine (9) years of dedicated service to the people of Colorado as member of the Ground Water Commission. Commissioner <br /> Smith moved to adopt the resolution. Commissioner Burr seconded the motion which passed unanimously. <br />Chairman Huwa presented Mr. Bledsoe with a plaque from the Commission thanking him for his service to the Commission. <br />Mr. Sullivan read into the record a resolution acknowledging Mr. Mikitas’ seventeen (17) years of faithful service to the people of Colorado as a member and Chairman of the Ground Water <br /> Commission. Commissioner Clever moved to adopt the resolution. Commissioner Smith seconded the motion which passed unanimously. <br />Chairman Huwa presented Mr. Mikita with a plaque and gavel from the Commission thanking him for his service as member and chairman of the Commission. <br />Chairman Huwa called for agenda item no. 2, the election of the Vice-Chair. <br />Commissioner Clever nominated Commissioner Kramer as Vice-Chair. <br />Commissioner Smith seconded the nomination. <br />Commissioner Burr moved to close nominations <br />Commissioner Larson seconded the motion <br />Commissioner Kramer was elected Vice-Chair by acclamation. <br />Review and Approval of Agenda Items, the agenda was approved as presented. <br />Approval of Minutes for Meeting of November 15, 2013, Chairman Huwa asked if there were any corrections or additions to the minutes. There being <none, <br /> <br />Commissioner Kramer moved to approve the minutes as presented. <br />Commissioner Burr seconded the motion which carried unanimously. <br />Report of the Executive Director by Mike Sullivan for Dick Wolfe <br />Mr. Sullivan opened his remarks expressing the gratitude of Dick Wolfe to Mr. Mikita and Mr. Bledsoe for their service to the water users of Colorado and welcoming Commissioners Larson <br /> and Tietmeyer. <br />He next apprised the Commission of the outcome of the arbitrations held the past few months on Republican River issues. Arbitrator Pagel decided that though Colorado had great ideas <br /> with the pipeline and administration of Bonnie Reservoir, Kansas was not being unreasonable in its concerns. Arbitrator Faraday ruled that Nebraska’s Rock Creek pipeline, which is <br /> very much like Colorado’s pipeline was an excellent proposal and in line with the compact and that Kansas was not helping the issue. Arbitrator Faraday hill hear the next case for <br /> Nebraska being the Medicine Creek pipeline which, though similar to the Rock Creek Pipeline, was voted down by Kansas. <br />Mr. Sullivan also noted that after the ruling was out, Kansas approached Colorado suggesting a one year approval of the compact compliance pipeline for 2014. He said that Colorado would <br /> deliver 4,000 acre-feet to the State line between January and April 1, 2014. <br />In the Rio Grande Basin, Mr. Sullivan advised the Commission that the lawsuit by Texas against New Mexico and Colorado is moving forward. The court advised Texas that the request for <br /> an original case was accepted but Colorado and New Mexico may file briefs requesting dismissal from the Supreme Court because the matter is not a compact issue. Additionally, Colorado <br /> is preparing a response to the Wild Earth Guardians who have noticed us of their intent to sue. They state that Colorado’s diversions from the Rio Grande are harming two species of <br /> minnow in southern New Mexico and northern Texas. <br />Mr. Sullivan concluded his remarks stating that Colorado continues to work on the ground water use rules for the Rio Grande Basin. <br />Chairman Huwa called for agenda item no. 6, Commissioners’ reports <br />Commissioner Kramer reported on the activities of the Water Preservation Partnership of the Northern High Plains. He said that the group has been active this winter holding meetings <br /> to formalize the organization and to secure funding. Mr. Kramer stated that the group is eager to do outreach: educating users and seeking opinions. He also said that they want to <br /> do a study of the financial impact caused by different levels of reduced irrigation. <br />Commissioner Tietmeyer advised the Commission that he would be attending and testifying at the Gallegos trial in Greeley. <br />Commissioner Ecklund advised the Commission that the Colorado Water Plan is moving forward. <br />Chairman Huwa called for agenda item no. 7, a hearing on the request of the State Board of Land Commissioners for an exception to Rule 5.5 to allow issuance of two conditional permits <br /> in the Southern High Plains with a duty of water less than 3-1/2 acre-feet per acre. <br />Mr. Mike Pollart, area manager for Colorado Land Board provided a short history of the events leading up to the request. <br />Mr. Lex Thompson, lessee, briefly added to Mr. Pollarts’ comments before explaining how he intends to farm the lands in question to get the best crop with the available water. His plan <br /> is to pre irrigate the flood areas in the winter then place the water on the circles. He said that he can’t really over pump the wells because the production is down.< <br />Commissioner Tietmeyer asked Mr. Thompson about the soil profile, water holding ability. Mr. Thompson said that he intends to apply 4 inches of water each time he pre irrigates. <br />Mr. Keith Vander Horst addressed the Commission. He provided the administrative history to the permitting issues in question. Mr. Vander Horst said that Rule 5.5 is the limiting factor. <br /> He said that staff does not see this as an injury issue and that it is up to the Commission to decide if they want to grant the exception. <br />Commissioner Smith talked about the water bearing formations in the Southern High Plains and how difficult it can be to complete good wells. He said that in his opinion, Mr. Thompson <br /> is the farmer and that he knows how to farm the land, when and where to apply the water to get the best crop for himself and the Land Board. He will be doing that with less water than <br /> in the past.< <br />There were no public comments on the matter. <br />Mr. Vander Horst confirmed for Commissioner Clever that the hearing was properly published and that there were no objections. <br />Chairman Huwa closed the hearing. <br />Commissioner Smith moved to grant the exception to Rule 5.5. <br />Commissioner Clever seconded the motion which passed unanimously. <br />Chairman Huwa called for agenda item no. 8, a presentation on the Chatfield Reservoir re-allocation effort, by Tom Browning of the CWCB. <br />Mr. Browning informed the Commission that this study to change the use of the reservoir from flood control (the dam was built at the confluence of the South Platte River and Plum Creek <br /> after the 1965 flood) and water supply to municipal and agricultural was authorized by congress in 1986. He said that Chatfield reservoir is designed to hold 350,000 acre-feet of water <br /> however, the normal operating pool is 27,000 acre-feet.< <br />Mr. Browning said that the reallocation under study is a function of need. This study is one many being conducted to locate water for the growing population, expected to double by 2050. <br /> It is planned that the reallocation will increase the normal pool by 20,600 acre-feet or twelve (12) vertical feet without any physical enlargement needed. <The additional water will <br /> come from existing or future water rights of those entities storing water in the reservoir. He also expects that the use will average approximately 8500 acre-feet with <a 1 in 3 year <br /> reliability. <br />Mr. Browning expects the total cost to be approximately 130 million dollars. This amount is split between cost of storage, recreational modification and mediation activities. There <br /> are hopes that implementation of the reallocation will begin in 2015. <br />There were a few questions of Mr. Browning by the Commission regarding the projected costs and clarification of the projected annual yield of the project. Commissioner <Huwa confirmed <br /> with Mr. Browning that downstream user’s would not be injured by this reallocation because the entities storing the water would be using existing water rights. Mr. Browning said that <br /> all would be done in accord with Colorado water law. <br />Chairman Huwa called for agenda item no. 9, a presentation on the WISE (Water Infrastructure and Supply Efficiency) project that would serve the south metro area, by Eric Hecox of South <br /> Metro Water Supply Authority with Joe Stibrich of City of Aurora. <br />Mr. Hecox provided a short history of the South Metro Water Supply Authority. He said that the SMWSA is a membership organization created by water providers from the south metro area. <br /> There are currently 14 member providers who are either wholly or partially dependent on Denver Basin water and who want to pursue renewable water. Mr. Hecox said that for the south <br /> metro area the only sources of renewable water are the South Platte, Chatfield, Plum Creek and Cherry Creek, all over appropriated. <br />He advised the Commission that the plight of the south metro area was brought to light during a weeklong Rocky Mountain News investigation. The investigation in turn was spurred by <br /> the reported declining water levels and declines in production brought on by explosive growth in the area, from 65,000 residents in 1990 to 295,000 people in 2010. The newspaper articles <br /> lead to the South Metro Water Supply Study which came up with four (4) recommendations for the water providers in the south metro area<: conservation, maximizing reuse, full development <br /> of local resources and the conjunctive use of renewable surface water with the Denver Basin bedrock water which should be used mostly during times of drought. Mr. <Hecox turned the <br /> microphone over to Mr. Stibirch, Deputy Director of Water Resources for the City of Aurora. <br />He said that Denver and Aurora have reusable water supplies in the South Platte River at some times during the year. The proximity of these water supplies, the infrastructure and the <br /> need is what makes the partnership workable. Mr. Stibirch let the Commission know that this regional project provides an alternative to the traditional buy and dry by making use of <br /> excess system capacities and maximizing existing water supplies in the system. No waters are imported to make the WISE project work. The project makes use of the Prairies Pipeline <br /> and water project of the City of Aurora, water lines from the City of Denver’s foothills plant, new infrastructure, <including Reuter Hess Reservoir, being constructed to the south <br /> and negotiations are underway for the acquisition or use of the East Cherry Creek Valley pipeline. <br />Mr. Stibirch explained that between Denver and Aurora there is almost always excess water available in the river based on their needs. He added that this is a permanent agreement that <br /> is both variable and interruptible. Some years may have a lot of water while others may see no water deliveries. In the years of little or no delivery the South Metro Providers can <br /> use their groundwater rights. The phase-in period, 2016 thru 2020, a period for construction of additional infrastructure by South Metro District<, will see deliveries of up to 5,000 <br /> acre-feet per year peaking in 2020. After the year 2020, the average annual deliveries will be 10,000 acre-feet or 100,000 acre-feet over 10 years.< <br />Eric Hicox addressed the Commission again. He said that the project has been challenging in that the primary agreement for water delivery is three way, South Metro, Denver and Aurora. <br /> There is also an agreement between each party of the South Metro group and each participant with the Cities of Denver and Aurora. The agreement with East Cherry Creek Valley should <br /> be finalized soon as should the agreement for the use of Reuter Hess Reservoir. <br />He went on to say that all parties receive what they need. The City of Aurora gets to more fully utilize the Prairies Water Project infrastructure, the City of Denver gets greater access <br /> to unused return flows and South Metro gets renewable water. Mr. <Hicox concluded his comments noting that this project receives broad public and private support. <br />Commissioner Clever asked what the cost of the system is. <br />There is no cost to buy in to the system, all costs are incorporated into the rate structure which is revisited every year. The rate per thousand gallons is based on the operation and <br /> maintenance of the system and for Aurora a capitol recovery portion. The rate was set in 2013 at $5.50 per 1000 gallons. The South Metro partners have an additional $140 million in <br /> infrastructure costs to pay off. <br />Commissioner Smith clarified that all waters are reuse waters. Mr. Hicox answered that they are and that they are reusable. He anticipates the water to be used to extinction. <br />Commissioner Huwa noticed that the return flows to be used had been used by downstream water users. Mr. Stibrich agreed but noted that those users had no legal right to the water. <br /> He did say that they had been in contact with big downstream users and they are aware of the potential loss. <br />There being no further questions, <br />Chairman Huwa called for agenda item no. 10, the staff activity report. Mr. Keith Vander Horst discussed his written report. He <directed the Commissioners attention to the large drop <br /> in over pumping notices, 13 compared to the 300 notices of 2012. Ten of those orders were for new violators, receiving a 1:1 pay back of over pumped water and the other 3 being noticed <br /> for the 2<nd time and receiving a 2:1 payback penalty. He also mentioned that the Rocky Mountain Rooster Club in the Kiowa-Bijou Basin was issued a show cause order regarding their <br /> exposure of ground water in some ponds. Mr. Vander Horst closed out his comments by mentioning that in Lost Creek Basin, there had been confusion over if PV Water had instigated the <br /> change of use of some wells or not and whether they had provided proper notification. The proper procedures for them to follow when implementing the changes has been explained to them <br /> so there should be no further confusion. <br />Chairman Huwa called for agenda item no. 11, the Attorney General’s report. Ms. Jen Mele advised the Commission that all objections to the issuance of final permits in the North Kiowa-Bijou <br /> Management District have been resolved<. The Meridian case is set for trial in July and August and Pat Kowaleski will represent the Commission. Ms. Mele closed her comments noting <br /> that the Gallegos trial will start, in Greeley, on Monday the 24<th of February, again with Mr. Kowaleski representing the Commission. <br />Chairman Huwa called for agenda item no. 12, Management District Reports <br />Mr. Nate Midcap, reporting for the Marks Butte, Frenchman, Sandhills and Central Yuma GWMD’s, reported that they have had a little moisture but it has been cold. Four of his board members <br /> are serving on the preservation partnership group. He has been attending the meetings and the discussions are “brisk” at times. He continues with his static water level measurements. <br />Mr. Jack Dowell, reporting the W-Y GWMD, reported that the static water levels in his District are complete. Measurements show that 51 wells are up, 20 down and 8 are even with last <br /> year. The large number seeing an increase could be based on farming practices. He agreed with Nate that it had been cold and snowy. He did note that his District also saw blowing <br /> sand. Mr. Dowell closed his comments by noting that W-Y District is thinking of conserving water by limiting farmers to historic use rather and permitted use when changing the description <br /> of irrigated acres. <br />There was no report for the Arikaree GWMD. <br />Ms. BreAnn Ferguson, reporting for the Plains and East Cheyenne GWMD’s, informed the Commission that she has been seeing 1 to 5 foot declines in the wells as opposed to the 15 to 20 <br /> foot declines of last year. She has been attending the partnership meetings. <br />Mr. Max Smith, reporting for the Southern High Plains GWMD reported that they had 7 to 8 inches of snow over Thanksgiving and Christmas and it has been extremely cold. He is hoping <br /> for good spring moisture. <br />Mr. Robert Loose reporting for the North Kiowa Bijou GWMD, reported that they had received a fair amount of moisture and the cows are starting to calve and the board has been busy working <br /> on small capacity well permits, educating the new home owners. Another big issue is the water being transported out of the District for fracking and other uses. <br />Ms. Tracy Doran, reporting for the Upper Black Squirrel GWMD, reported that the District got through their election. They had 178 voters show up at one division with 107 at another <br /> out of 20,000 voters Basin wide. The Board is following the progress of HB-1052 and would like the Commission to support it as they did last year. Hopefully the Commission could arrange <br /> to testify in favor of the bill at the hearing next week. <br />Ms. Tracy Doran reporting for the Upper Big Sandy GWMD, reported that the District was not required to have an election because there was only one candidate running for each open position. <br /> The District also supports HB-1052. <br />There was no report for the Lost Creek GWMD. <br />Mr. Scott Tietmeyer, reporting for Upper Crow Creek Basin, reported that Crow Creek has been running bank full for over 100 days most likely because Wyoming is releasing water from her <br /> reservoirs in anticipation of a high run off. None of the water has reached Briggsdale. <br />Ms. Deb Daniel, reporting for the Republican River Water Conservation District, opened her comments thanking Ernie Mikita and Grant Bledsoe for their years of service. Ms. Daniel reported <br /> that she, Commissioner Kramer and Commissioner Bledsoe met with the South Platte River Basin needs committee the day before. The purpose of this meeting was to seek funding for the <br /> water preservation partnership in the Northern High Plains. She reported that the Republican River District began pumping eight wells on January 17th and that they hope to have the <br /> allotted 4,000 acre-feet delivered to the state line by the later part of March. Ms. Daniel noted that she had sent fliers advertising the Ogallala Symposium to over 1500 residents <br /> in the Northern High Plains. She concluded her remarks by inviting the Commission to the Ogallala symposium to be held on March 17th. <br />Chairman Huwa called for agenda item no. 9, old business. <br />Mr. Pat Kowaleski, Commission Council, advised the Commission of the District Court’s standard of review for de novo proceedings. For most Boards and Commissions in the State, the appeal <br /> goes before the Court for review on the record. Here, the judge reviews the record for legal errors and to see if the decision may have been arbitrary and capricious. The Commission <br /> has a different appeal model, de novo hearing. Entirely new testimony and issues may be presented. He pointed out that it has been discussed to amend the statute so that the de novo <br /> review is limited to the information that was presented to you and not allow a party to begin with a brand new case. This was to present the matter to you as we are about to begin <br /> what can be another 10-day trial on the same subject matter. <br />In other old business, Commissioner Smith, noting his absence at the last quarterly meeting, asked if there had been any discussion about or decision to support HB-1052, the legislation <br /> to allow Management Districts the authority to levy fines for violators. After some minutes of discussion which included comments from the public it was moved and seconded that Commissioners <br /> Burr and Kramer attend the hearing before the Local Government Committee meeting and representing the Commission testify on behalf of the bill. <br />Chairman Huwa called for agenda item no. 10, new business. Mr. Jodi Grantham, Hearing Officer, advised the Commission that the Department of Natural Resources is about to implement a <br /> 2012 executive order from the Governor’s Office to review all rules and regulations of each agency, division, commission and board. He hopes to be able to present something to the <br /> Commission regarding its two sets of rules and <learn how they may want to proceed at the May meeting. <br />Mr. Ralf Topper, staff hydro-geologist, presented to the Commission the static water level measurements for the Northern High plains. He intends to present the Commission with the data <br /> for the remainder of the Basins at the May meeting. <br />Chairman Huwa called for agenda item no. 11, public comment. Mr. Dan Farmer, a resident agriculturalist in the Upper Black Squirrel District spoke in support of HB-1052. He said it <br /> was necessary to help Districts cover their costs because their opponents have deeper pockets. He would like to see more enthusiasm for it.< <br />Mr. Bob Longenbaugh, consultant, addressed the Commission speaking in support of HB-1052. He also encouraged the Commissioners and their constituents to get involved in the local round <br /> tables and provide their input into the state water plan. <br />There being no further business the meeting adjourned. <br />Respectfully submitted, <br />Richard A Nielsen, P.E., Secretary <br />Colorado Ground Water Commission <br />Ground Water Commission Meeting MinutesPage 2 <br />February 21, 2014 <br />2014-02-21_MinutesDraft.pdfMINUTES <br /> MINUTES FIRST QUARTERLY MEETING COLORADO GROUND WATER COMMISSION FEBRUARY 21, 2014 The first Quarterly Meeting of the Colorado Ground Water Commission took place on February 21, <br /> 2014, at the Centennial Building, 1313 Sherman St, Room 318, Denver, Colorado. Chairman Cory Huwa called the meeting to order at 10:00 a.m. Mr. Richard Nielsen called the roll and <br /> determined that a quorum was present. Commission members present were Carolyn Burr, Larry Clever, Corey Huwa, Steve Kramer, Greg Larson, Max Smith, Scott Tietmeyer, Mike King, Mike <br /> Sullivan and James Eklund. Staff members present were Kevin Rein, Keith Vander Horst, Richard Nielsen, Chris Grimes, Jay Bloomfield, Justina Mickelson, David Keeler and Ralf Topper. <br /> Also present were Jody Grantham, Hearing Officer, Pat Kowaleski, A.G. for the Commission and Jennifer Mele, A.G. for staff. Members of the public were also present. Chairman Huwa <br /> welcomed incoming Commissioners Greg Larson and Scott Tietmeyer to the Commission. Mike Sullivan, acting as Executive Director, acknowledged the dedication and service of outgoing <br /> commissioners Earnest Mikita and Grant Bledsoe. Mr. Sullivan read into the record a resolution recognizing Mr. Bledsoe’s nine (9) years of dedicated service to the people of Colorado <br /> as member of the Ground Water Commission. Commissioner Smith moved to adopt the resolution. Commissioner Burr seconded the motion which passed unanimously. Chairman Huwa presented <br /> Mr. Bledsoe with a plaque from the Commission thanking him for his service to the Commission. Mr. Sullivan read into the record a resolution acknowledging Mr. Mikitas’ seventeen (17) <br /> years of faithful service to the people of Colorado as a member and Chairman of the Ground Water Commission. Commissioner Clever moved to adopt the resolution. Commissioner Smith <br /> seconded the motion which passed unanimously. Chairman Huwa presented Mr. Mikita with a plaque and gavel from the Commission thanking him for his service as member and chairman of <br /> the Commission. Chairman Huwa called for agenda item no. 2, the election of the Vice-Chair. Commissioner Clever nominated Commissioner Kramer as Vice-Chair. Commissioner Smith seconded <br /> the nomination. Commissioner Burr moved to close nominations Commissioner Larson seconded the motion Commissioner Kramer was elected Vice-Chair by acclamation. Ground Water Commission <br /> Meeting Minutes Page 2 February 21, 2014 Review and Approval of Agenda Items, the agenda was approved as presented. Approval of Minutes for Meeting of November 15, 2013, Chairman <br /> Huwa asked if there were any corrections or additions to the minutes. There being none, Commissioner Kramer moved to approve the minutes as presented. Commissioner Burr seconded <br /> the motion which carried unanimously. Report of the Executive Director by Mike Sullivan for Dick Wolfe Mr. Sullivan opened his remarks expressing the gratitude of Dick Wolfe to <br /> Mr. Mikita and Mr. Bledsoe for their service to the water users of Colorado and welcoming Commissioners Larson and Tietmeyer. He next apprised the Commission of the outcome of the <br /> arbitrations held the past few months on Republican River issues. Arbitrator Pagel decided that though Colorado had great ideas with the pipeline and administration of Bonnie Reservoir, <br /> Kansas was not being unreasonable in its concerns. Arbitrator Faraday ruled that Nebraska’s Rock Creek pipeline, which is very much like Colorado’s pipeline was an excellent proposal <br /> and in line with the compact and that Kansas was not helping the issue. Arbitrator Faraday hill hear the next case for Nebraska being the Medicine Creek pipeline which, though similar <br /> to the Rock Creek Pipeline, was voted down by Kansas. Mr. Sullivan also noted that after the ruling was out, Kansas approached Colorado suggesting a one year approval of the compact <br /> compliance pipeline for 2014. He said that Colorado would deliver 4,000 acre-feet to the State line between January and April 1, 2014. In the Rio Grande Basin, Mr. Sullivan advised <br /> the Commission that the lawsuit by Texas against New Mexico and Colorado is moving forward. The court advised Texas that the request for an original case was accepted but Colorado <br /> and New Mexico may file briefs requesting dismissal from the Supreme Court because the matter is not a compact issue. Additionally, Colorado is preparing a response to the Wild Earth <br /> Guardians who have noticed us of their intent to sue. They state that Colorado’s diversions from the Rio Grande are harming two species of minnow in southern New Mexico and northern <br /> Texas. Mr. Sullivan concluded his remarks stating that Colorado continues to work on the ground water use rules for the Rio Grande Basin. Chairman Huwa called for agenda item no. <br /> 6, Commissioners’ reports Commissioner Kramer reported on the activities of the Water Preservation Partnership of the Northern High Plains. He said that the group has been active <br /> this winter holding meetings to formalize the organization and to secure funding. Mr. Kramer stated that the group is eager to do outreach: educating users and seeking opinions. He <br /> also said that they want to do a study of the financial impact caused by different levels of reduced irrigation. Ground Water Commission Meeting Minutes Page 3 February 21, 2014 Commissioner <br /> Tietmeyer advised the Commission that he would be attending and testifying at the Gallegos trial in Greeley. Commissioner Ecklund advised the Commission that the Colorado Water Plan <br /> is moving forward. Chairman Huwa called for agenda item no. 7, a hearing on the request of the State Board of Land Commissioners for an exception to Rule 5.5 to allow issuance of <br /> two conditional permits in the Southern High Plains with a duty of water less than 3-1/2 acre-feet per acre. Mr. Mike Pollart, area manager for Colorado Land Board provided a short <br /> history of the events leading up to the request. Mr. Lex Thompson, lessee, briefly added to Mr. Pollarts’ comments before explaining how he intends to farm the lands in question to <br /> get the best crop with the available water. His plan is to pre irrigate the flood areas in the winter then place the water on the circles. He said that he can’t really over pump the <br /> wells because the production is down. Commissioner Tietmeyer asked Mr. Thompson about the soil profile, water holding ability. Mr. Thompson said that he intends to apply 4 inches <br />