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Home My WebLink About20112617.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO OCTOBER 5, 2011 The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity with the laws of the State of Colorado at the regular place of meeting in the Weld County Administration Building, Greeley, Colorado, October 5, 2011, at the hour of 9:00 a.m. ROLL CALL: The meeting was called to order by the Chair and on roll call the following members were present, constituting a quorum of the members thereof: Commissioner Barbara Kirkmeyer, Chair Commissioner Sean P. Conway, Pro-Tern Commissioner William F. Garcia Commissioner David E. Long — EXCUSED Commissioner Douglas Rademacher Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Elizabeth Strong Director of Finance and Administration, Monica Mika MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County Commissioners meeting of October 3, 2011, as printed. Commissioner Conway seconded the motion, and it carried unanimously. AMENDMENTS TO AGENDA: There were no amendments to the agenda. PUBLIC INPUT: Doug Meyer, Weld County resident, submitted an article from the Greeley Tribune into the record, marked Exhibit A. He stated concerns about the increased groundwater include economic concerns, including protection of the tax base, the economic stability of the citizens and businesses, including damage to farmland, and protection of private properties; environmental concerns; social concerns; and public safety and health concerns, such as mold in basements and health risks associated with standing water. He suggested the Board consider forming a regional commission to inform people about the matter. He indicated the intent of the Court order to shut down the wells can be argued; however, it is obvious what the result has been. Commissioner Conway stated he previously read the article Mr. Meyer has submitted, and he and Commissioner Rademacher serve on the South Platte Round Table and this has been an issue of discussion at its meetings. He stated the wells being shut down is the result of a Court ordered edict; however, he concurs the water engineer should be engaged in the issue. He stated the South Platte Round Table has discussed potentially funding a study to determine the impacts of the wells being shut down. Commissioner Conway stated he is aware there has been flooding in basements as a result of the wells being shut down and the rising water table. Commissioner Rademacher stated he concurs with Commissioner Conway on many points; however, this is a matter of senior water rights versus junior water rights, and he is a senior water rights holder and he supports the decision of the Court. He stated there have been some unintended consequences of the decision; therefore, common sense needs to be utilized; however, he will not support a carte blanche decision to open all the wells from this point forward. He Minutes, October 5, 2011 2011-2617 10 3�- Page 1 BC0016 stated perhaps during wet years, the wells can be allowed to operate until the water table is lowered to a reasonable level, and he is certain there will be legislation proposed to address the matter. Mr. Meyer stated the problem with only allowing the wells to operate certain years is that will only allow people to earn a living from their farmland certain years. Commissioner Rademacher stated the argument can be made that the wells should have never been approved. Mr. Meyer stated a solution will never be reached if only the original intent of the Court order is considered, and he hopes the Board will keep an open mind before deciding whether or not to become involved. CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed. Commissioner Rademacher seconded the motion, and it carried unanimously. COMMISSIONER COORDINATOR REPORTS: Commissioner Conway stated he testified, on behalf of the Board of County Commissioners, at the Environmental Protection Agency (EPA) Rule Making Hearing in the City of Denver last Wednesday. He stated it was a three (3) day public hearing process regarding the new rules concerning oil and gas, and these hearings took place earlier in New York and Pennsylvania as well. He stated several hundred people spoke at the hearing in Denver, and he spoke about the significance of oil and gas development to Weld County and the State of Colorado. Commissioner Conway stated the proposed rules are 600 pages in length and the effective date is August, 2011, which he compared to receiving a speeding ticket for driving to the hearing, even though he was traveling the current speed limit and complying with the law, because the speed limit was subsequently changed and then retroactively applied to drivers who previously traveled the interstate at the former speed limit, which would be unfair. Commissioner Conway stated he requested that the effective date coincide with the date when the rule goes into effect, and he requested that the rule's effective date be delayed for one (1) year. He stated the EPA spent 18 months producing 600 pages of new rules and regulations for the oil and gas industry to follow, and then the EPA provided a 45-day comment period. He stated the rules were published in the Federal Register before the public hearings occurred, which he finds to be outrageous. Commissioner Conway stated he was pleased that most of the people who provided testimony at the hearing shared the Board's opinion on the matter, and he is hopeful the EPA will listen and delay the implementation of the rules until the industry has the opportunity to study the cause and effect. He stated oil and gas development has an enormous impact on the community, and Weld County provides more revenue than any other County in the State for the State School Board; therefore, the rule changes will impact education. He further stated the rule changes will affect the Severance Tax utilized for library, fire, and other special districts. In response to Commissioner Rademacher, Commissioner Conway stated he is unsure as to how long the comment period is for this matter; however, typically the comment period remains open for a minimum of one (1) week after the last hearing. Commissioner Rademacher suggested the Board consider approving a Resolution containing the points made by Commissioner Conway, and he stated he believes the comment period typically remains open for at least one (1) month after the last hearing. Commissioner Conway thanked Bruce Barker, County Attorney, for his outstanding work and diligence concerning Congressional redistricting and attempting to keep Weld County whole. He stated the trial begins next week, and he thanked Mr. Barker for preparing the brief. He stated the Weld County Democratic Chair and the Mayor of Erie have expressed their support for the proposed redistricting. Mr. Barker stated the trial is scheduled to commence Monday, and an incredible number of additional filings and items which will be presented at the trial have been submitted, some of which he finds to be inappropriate when considering Congressional redistricting, such as splitting jurisdictions by placing boundary lines around schools, as well as issues with race and language barriers. Commissioner Garcia commended Commissioner Conway for his work on Project Connect, and he stated under Commissioner Conway's leadership, a huge group of volunteers will be brought together next Friday to provide various services to the community. Minutes, October 5, 2011 2011-2617 Page 2 BC0016 Chair Kirkmeyer stated she spent the entire day yesterday at Colorado Counties, Inc. (CCI), at the Child Welfare Allocations Subcommittee meeting, and they are moving away from the model, which provided the County one million less this year in Child Welfare Allocation, and she will be working on developing a new formula. She stated the existing formula is only based on expenditures, and it does not consider poverty levels or the needs of the people who use the programs. She stated the Subcommittee is also working on developing a formula for the Core Services Program, which is part of Child Welfare Services, and there has never been an allocation model for it, as far as she is aware; therefore, the funding has essentially remained the same for it since the year 1993. NEW BUSINESS: CONSIDER SMALL TRACT OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN - TURNER OIL AND GAS PROPERTIES, INC.: Mr. Barker stated this property is two (2) acres in size; therefore, it falls within the five (5) acre limit, where the Board may select to waive the bid process. He stated Turner Oil and Gas Properties, Inc., has provided payment of $400.00 per acre, for a total amount of $800.00. In response to Commissioner Rademacher, Mr. Barker stated he believes this property is near the Niobrara formation; however, he is unsure. In response to Chair Kirkmeyer, Mr. Barker provided the legal description of the parcel. Chair Kirkmeyer stated the property is based just north of the Niobrara formation, based on the legal description. Commissioner Rademacher stated $400.00 per acre may be too low of a rate at this point; however, it can be discussed at a later time, and he moved to waive the bid procedure concerning oil and gas leases, accept the offer to lease said mineral acre, and authorize the Chair to sign said lease. Seconded by Commissioner Garcia, the motion carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. No Ordinances were approved. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Acting Clerk to the Board. There being no further business, this meeting was adjourned at 9:25 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLO DO x,---(ca-4-a--ATTEST: am,..--7?' / / �/ ,ri4 /lLz�ti� rbara Kirkmeyer, hair Weld County Clerk to the Board ? Sean P. C way, Pro-Tem C- ) BY: •u ... � .'�C/l Deputy CI4I,k to the B.`,tf $ I . �_ /� William F. Gar is test Iii EXCUSED %IIi David E. Long •r. ,• ! 1ny . f as. � bougl Rademap r Minutes, October 5, 2011 2011-2617 Page 3 BC0016 -f"�)1I1T 'SATURDAY,OCT.1,2011 »THE TRIBUNE ; t s x A f P �4t Sf 'Rrr . _. ERIC BELLAMY/ebeLLamy©SreeleYMburre.com HOLDING AN EAR OF corn that did not grow to full size,Frank Eckhardt stands on 35 acres owned by his cousin James Ewing near La Salle.After his*ell was turned off,Ewing attempted to grow corn without irrigation and the crop failed. Hundreds of area FARMERS FEELING wells still shut off, Dforcing growers to rethink their planting strategy ERIC BROWN That decision came following the rain and the amount of snowpack now HY�bUlleddn historic drought of the early 2000s, flowing into the South Platte River when water in the South Platte Basin=and because those 440 wells minders of the need for change River was scarce and senior water remain shut off while others are not surround Glen FTit7 *these days. right holders — marl©pa�ues, such -fillygperating-the groundwater in as Boulder, Centennial, ds R those areas has nowhere to except Whether.the La Salle areafarttter H' ?' go, pint is stepping PP down into his basement, Ranch and Sterling, and farmers for seeping into basements,or sitting where about$50 0001ndown river — were.concerned that in low-lying sections of farmland, or > repairs have been en;water supply in the river basin flowing into Nebraska before Colon- done because of water'damage during the past was being depleted by junior wa- .- dans can make use of it,they say. two years,or he's stepping out jam thrfields ter right well owners,who were still `I'd like to send somebody abill for where he's bad to plant less-profitai 4e crops on pumping groundwater during those all of this,Fritzler said with a slight some of his 350 acres of farmland,the fact that : dry times. ,laugh, -standing in his basement, all six of his groundwater wells are The groundwater of the area's Al- which after once being completely Y pump- luvium Aquifer flows into the South finished --- remains a work in prog- ing at about 40 percent—and the tact that he Platte River Basin. ress from the water damage done. can't do anything aboutit—.rarely escapes his While. the" Supreme Court ruling ..In addition to the$50,000 in dam- �(l, stayed true to the water rights peck- age done to his home, Pritzler esti- Fritzlerand many other farmers foul la ing order established by the state back mated that planting 75 acres of wheat Salle south to F a L ton artdas in 1969,that isn't making the affected where he once planted corn — since up farmers feel any better about the situ- Wheat requires less water—costs him the Wiggins aream Morgan(ou u' bane- anion. about$4 ,000 per year. dealt with groundwater Leg;iniezetaiim ,. The decision to shut off the wells "I'm a small-scale farmer, so that problems they say stem from a supreme court was made following a time when wa- definitely hurts, said Fritzler, who's ruling that called forthe Colorado Division of the South Platte was scarce,but ' well-known in the area for his pro- those wells have remained pffrecently duce stand and corn maze. Water Resources to shutdown 4�wells and; when preeipitationhas been above curtail the pumping of about 1,00O others average and the river has been flowing back in 2006. at higher levels,farmers explain. ((CONTINUED Because of the recent increase in A7:Farmers Groundwater flooding into farmers' homes It FARMERS particularly farmers in the She said the water issues From Al Wiggins area. brought up in-previous "There's some people in years have been Weld "I'm not sure who I can pretty bad shape from all County-specific, and the send the bill to for all of of this,"he said. policy of giving the state this••.maybe all those ob- Because of the hard- engineer's office more flex- jectors who got the judge ships endured by the ibility would be more of to rule in their favor.They farmers, ag producers in a statewide issue — and said this is their water. the area—as well as sari- hopefully looked at more If that's the case, I'd say ous farmers organizations, closely by the CFB. they're responsible for all such as the Weld County But until changes are of this. and Colorado farm bu- made — or until water "When Ibuiltthishouse, rearm—are asking for leg- levels ecede - farmers I was told I wouldn't even islative changes. They're in the area will continue need a.sump pump here specifically asking that dealing with the high wa- bue of the location. the Colorado Division of ter tables,they say.One of Now look at this" Water Resources - also the farmers hoping for a The affected wells have referred to as the Office, change as soon as possible remained shut off since of the State Engineer — is Harry Strohauer, also a 2006 beeanse those wells be given more flexibility La Salle area farmer.Stro- either don't have aug- in controlling those wells hatter said about 100 of his mentation plans — a way — certainly during times 750 acres of potatoes were of later adding water to like these,when the South ruined this year because the South Platte River to Platte River Basin is full groundwater levels were make up for the depletions and senior water right too high,and as a result, caused by well ,pumping holders aren't at risk of the potatoes received too — or they don't have the being deprived of their much water and rotted. water supply to fulfill their water. Also a new issue to Stro- augmentation plans. Giving the state e - hauer this year was the When thewells were or- neer's office more flexib - fact that, like Fritzler, his dered to be shut off few tywasa topic ofdiscussion basement has water in it, years ago, augmentation at the Colorado Farm Bu- despite the basement floor requirements also became reau's Mid-Summer Meet- only being 3 feet below the more stringent - requtr ing hi Greeley back in July, ground.tie said he'll have mg well pumpers to have and . the Weld County to finish pumping water augmentation plans in Farm Bureau recently list- out of the basement before place that could meet the edit as one of its top issues he knows the extent of the needs of a drought year to bring up at the Colon- damage. As noted by Randy Ray, do Farm Bureau's Annual Strohauer noted that executive director with Meeting in November.At about 27 of his wells are the Central Colorado Wa- the. November meeting, out of commission on his ter Conservancy District the CFB will vote to adopt 3,500 acres of farmland, (CCWCD), many farmers a set of policies,which will with about nine other can't afford to have such a later be looked at by the wells curtailed. stringent plan in place. CFB Board of Directors. . Then there's Frank "It definitely puts them The CFB Board of Di- Eckhardt, another Weld in a tough spot;he said: rectors will eventually County farmer who said The shutdown or cur- choose from those issues about 20 percent of the tailed wells lie within the what they want to push re- 3,700 acres of ground his augmentation subdistricts garding legislative chang- family farms is now dried of the CMCD. • es. • up because of their inabil- er, Jaw many Gege }limy, president ity to pump,as 12 are shut farmers still has of the Weld County Farm off completely and 10 oth- senior water rights he can Bureau,noted that the lo- ers are curtailed, depend on for water — cal bureau has brought up "It would just be nice to such as owning shares in various water issues to the see a little common sense iiiigation ditch companies Annual Meeting before, used,"Eckhardt said, not- -while his wells are shut but the issue concerning ing that he,too,is hi favor down or not fully operat- the state engineer's office of the state engineer's of- ing. But Ray noted that's will be the only one con- fice having more flexibil- not'the case for everyone, cerning water this year. ity. Hello