www.upperblacksquirrelcreekwater.com UPPER BLACK SQUIRREL CREEK GROUND WATER MANAGEMENT DISTRICT REGULAR MEETING MINUTES May 6 th, 2014 The May meeting of the Board of Directors of the Upper Black Squirrel Creek Ground Water Management District was called to order Tuesday, May 6 th, 2014 at 7:03 P.M., at the District Office, 520 Colorado Avenue, C., Calhan, CO by President Booker, and determined that a quorum was present. Board Members in Attendance: Donald Booker/President, J.R. Bond/Vice-President, Tim Hunker/Director Absent: Secretary/Mark Greeley, Treasurer/Mick Stine Others in Attendance: Jeremy Baker, Dave Taussig, Dan Farmer, John Hill, Lisa Thompson, Catherine Brown-Swain, David & Tracey Weber, Art Sintas, Doug Woods, Tracy Doran PUBLIC NOTICE OF THE MEETING WAS POSTED Agenda for May 6 th, 2014: Director Hunker motioned to approve the agenda with the addition of Goss to executive session. Director Bond seconded the motion. Motion carried (3-0) Minutes March 4 th, 2014 Meeting: Director Hunker motioned to approve the March 4 th, 2014 minutes. Director Bond seconded the motion. Motion carried (3-0) Treasurer s Report & Any Bills Needing Board Approval: Director Hunker went over the treasurer report. Discussion followed. Director Hunker motioned to approve the March and April 2014 treasurer report and pay the attorney bill of $29,688.20 and engineering bill for $12,694.64. Director Bond seconded the motion. Motion carried (3-0) OLD BUSINESS: 1. Cherokee Metro & Meridian Service Metro/Replacement Plan/Application to Change the Type and Place of Use for Wells 9-12/Case No. 05CW06 Wells 14-17 Abandonment/Case No. 98CW80: Cherokee Metro & Meridian Service Metro/Replacement Plan: May 6 th, 2014 Minutes Page 1
No updates to report on this item. Application to Change the Type and Place of Use for Wells 9-12: No updates to report on this item. Case No. 05CW06/Wells 14-17 Abandonment: Attorney Thompson reported that this case is set for a three day Hearing for June 17 th, 18 th and 19 th. Ms. Thompson updated the Board on what has been filed and what will be filed. Case No. 98CW80, Cherokee Case Regarding Recharge Versus Replacement: Attorney Thompson reported that this case is on appeal to the Colorado Supreme Court and there will be update after the executive session. Ms. Thompson advised the Board on the dates for Opening Briefs and replies. 2. Ground Water Contamination Study: Tracy Doran reported that the meeting was cancelled. Director Hunker updated the Board on what he knew. President Booker reported that he will speak to Dave Doran and see if he is still interested in attending meetings for the District and if he is not see what Board member is interested in attending meetings at the next meeting. Woodmen Hills Replacement Plan:. Attorney Thompson reported that the last correspondence was in December 2013; and that Keith had emailed Woodmen Hills and told them that they need to re-submit their application. 3. Meridian Surface Water Application/Case No. 12GW10/10CW95/13CV31263: Attorney Thompson reported that the Hearing for this case is July 29 th, 30 th and 31 st. Ms. Thompson reported that the expert report was submitted today. The Hearing will be held in Colorado Springs at the District Court. 4. Goss: Attorney Thompson reported that Dean Goss and family sold off some of their water rights and they are now using leased water from Cherokee wells 1-8 and there has been discussion from the Board on what water is being pumped and whether it is adjudicated to do so. Discussion followed. NEW BUSINESS: 1. Dave Taussig/Upper Big Sandy GWMD/Colorado Water Plan: Dave Taussig introduced himself and explained that he lives in Limon and has been on the Upper Big Sandy Board since the early 90 s, and that he was appointed by the Lincoln County Commissioners to be the Representative for Lincoln County for the Arkansas River Roundtable. Mr. Taussig gave the Board and audience a handout of what he was going to discuss regarding the Colorado Water Plan. Mr. Taussig reported that after the 2002 drought the State of Colorado created a State Water Supply Initiative and that was to look out the existing and future of what Colorado would look like and try to estimate how much more municipal and industrial needs are out there. Mr. Taussig reported that this time around they did try to focus on agriculture and recreational needs as well. The population projection for the State of Colorado by the year 2050 is that it could double in size and so what are people going to do for water Mr. Taussig noted. The Roundtables are all the May 6 th, 2014 Minutes Page 2
divisions in Colorado and each division is trying to come up with ideas of how to interact with each other and come to agreements on how to share the water. Dave Taussig reported that a couple of years ago Governor Hickenlooper issued an executive order that accelerated this and put a timeline on this. Mr. Taussig advised that they want Basin implantation plans done by July 2014, presented to the CWCB and the Governor by the end of the year and come out with a plan in another year. Mr. Taussig went over the gaps, and alternatives to preventing the buying and Drying of the agricultural rights to use for the cities. Mr. Taussig reported that there is not a lot of discussion about groundwater in the Roundtables. Discussion followed on the needs and concerns of the Upper Black Squirrel Creek and what actions can be taken. Mr. Taussig gave the Board and audience a sheet to fill out and mail to Elise Bergsten who is facilitating the forms. Discussion followed on whether the County Commissioners or Planning Departments are involved. Mrs. Doran will put the sheet on the website for the public to fill out. Discussion followed on getting all of the Ground Water Management Districts together and work on this. Mr. Taussig stated that it is just very important to get the input in and give them solutions. The Board thanked Mr. Taussig for coming and giving his presentation and for making them aware of this. 2. Application to Change Description of Acres/James T Gardner: President Booker updated the Board on this application and the Board discussed the application. Director Hunker motioned to have Lisa research the Gardner application and if not resolved by the 15 th to object. Director Bond seconded the motion. Motion carried (3-0) 3. Water Well Permit Application/Steven E Cook C/0 Catherine Brown-Swain: The Board reviewed and discussed the application with the applicant. Director Hunker motioned that the existing well needs to be capped, plugged and abandoned. Discussion followed. Director Hunker withdrew his motion. Director Hunker motioned to approve a change of use up to 1 acre foot of water for Cook-Brown Swain. Director Bond seconded the motion. Motion carried (3-0) 4. Water Well Permit Application/Arthur C & Ellen J Broadwater: The Board reviewed the application. Director Hunker motioned to approve the application. Director Bond seconded. Motion carried (3-0) 5. Water Well Permit Application/Paul Murray: The Board reviewed the application. Director Hunker motioned to approve the 1 acre foot amount if it is in filing 1-3, if it is in filing 4 it well go from 1 acre foot down to 1/3 acre foot. Director Bond seconded the motion. Motion carried (3-0) 6. Water Well Permit Application/Falcon Development Corp: The Board reviewed the application and discussed. Director Hunker motioned to approve the application as long as they are within their 7.9 acre foot amount in Determination of Water Right 9- BD. Director Bond seconded the motion. Motion carried (3-0) 7. Water Well Permit Application/Timothy & Kristine Garrett: The Board reviewed and discussed the application. Director Hunker motioned to deny the application based on no acre foot amount, but will approve it if it is for 1 acre foot as it is in filing 2 for Peyton Pines and it allows for 1 acre foot. Director Bond seconded the motion. Motion carried (3-0) 8. Change of Place of Use/David Weber: May 6 th, 2014 Minutes Page 3
Tracey Weber spoke to the Board regarding the application. Discussion followed. Director Hunker motioned to approve the Change of Use from Stock well to domestic well in the Denver aquifer for 1 acre foot. Director Bond seconded the motion. Motion carried (3-0) 9. El Paso County Review/Scenic View at Paint Brush Hills-Final Plat: The Board reviewed and discussed the Final Plat. Director Bond motioned to write the County and tell them that we have no record of water sufficiency on this and ask them to provide it to us. Director Hunker seconded the motion. Motion carried. (3-0) ANY OTHER BUSINESS THE BOARD MAY HAVE: The Board discussed finding an engineer or hydro-geologist to do reviews. Discussion followed that HRS rates may be too high for what the district needs. President Booker said he will call HRS to see if they have someone on more of an associate level with lower rates that could do the reviews. Attorney Thompson will call Martin & Woods to check and see about their rates. VISITOR INPUT: Dan Farmer noted that he was not aware of Meridian s Determination of Water and Change of Place of Use, and was just wondering if they could tell him what they are trying to do. Doug Woods reported that they want to connect Meridian, Woodmen Hills and Paint Brush Hills. Tracy Doran reported that the District did not get a copy of this from the State. Doug Woods reported that it was in the newspaper. Discussion followed. Dan Farmer reported that if there is any opposition it has to be in by the 2 nd of June. Attorney Thompson will contact Keith and find out why the District did not receive this. Attorney Thompson will also contact Bob regarding this. The Board took a brief break at 8:46 P.M. before going into executive session EXECUTIVE SESSION: Please take notice that Attorney Thompson Pursuant to C.R.S. 24-6-402(4) (e), is requesting an Executive Session with the Board of Directors of the Upper Black Squirrel Creek Ground Water Management District on Tuesday, May 6 th, 2014, regarding the following matters:. Case No. 05CW06 Case Bi 13SA330 Case No.13CV31263 Meridian and Woodmen Hills Underdrains Goss Director Bond motioned to go into executive session at 8:54 P.M. to discuss Case Nos. 05CW06, Case no. 13SA330, Case no. 13CV31263, Meridian Underdrain Applications and Goss. Director Hunker seconded the motion. Motion carried. (3-0) Director Hunker was only present for Goss in executive session Director Bond motioned to come out of executive session at 9:33 P.M. Director Hunker seconded the motion. Motion carried (3-0) May 6 th, 2014 Minutes Page 4
EXECUTIVE SESSION REPORT: Director Bond motioned to direct Lisa to write a letter to Jen Mele, Keith VanderHorst and Dick Wolfe on Cherokee s misuse of water on wells 1-8. Director Hunker seconded the motion. Motion carried (3-0) Director Bond motioned to file an official objection to Meridian s pending Underdrain Applications. Director Booker seconded the motion. Motion carried (2-1) Director Hunker noting for the record that he is conflicted and will vote no ADJOURNMENT: President Booker called for the meeting to be adjourned. There being no further business before the Board at this time Director Hunker made a motion to adjourn the meeting. Director Bond seconded the motion. Motion carried (3-0) The meeting adjourned at 9:36 P.M. June 3 rd, 2014 Tracy Doran/Office Manager May 6 th, 2014 Minutes Page 5