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Home My WebLink About20142925.tiff Porzak Browning & Bushong LLP Attorneys • at • Law 2120 13th Street.Boulder,CO 80302 Glenn E.Pock RECEIVED 303 443-6800 Tel. Michael F.Browning 303 443-6864 Fax. Steven J.Bushong www.pbblaw.com Kristin Howse Moseley SEP 18 2014 Kevin J.Kinnear Karen L.Henderson September 16, 2014 WELD COUNTY William D.Wombachcr COMMISSIONERS RE: Use of Water from the Ogallala Aquifer and Sidney Draw for Fracking Operations To the parties on the attached Recipient List: We are writing to you on behalf of Citizens for Protecting the Ogallala Aquifer LLC ("CPOA")who has been working with numerous landowners whose businesses and livelihoods depend on the continued availability of water in the Ogallala Aquifer. Collectively,these landowners own thousands of acres of land in and around the New Raymer/Sidney Gulch area on which they operate ranches, farms, and various other small businesses. Some of these families are descendants of the original homesteaders on this land. All of these landowners own water rights, well permits, and/or springs that rely on or are hydraulically connected to the Ogallala Aquifer. CPOA and these landowners are not opposed to oil and gas development in this area, but are gravely concerned about the source of water being used for fracking operations. As you are likely aware, the Ogallala Aquifer is being depleted at an alarming rate. Water users and wildlife in Wyoming,Nebraska and Colorado rely on this precious and dwindling resource. Coloradoans are particularly susceptible to groundwater drawdown given that only the outer reaches of the Ogallala Aquifer extend into the state. Thus, as the groundwater drops, Coloradoans are some of the first to be left dry. The local farm and ranching families have experienced the impacts of this drawdown over the years and are concerned about further drawdown that could jeopardize their way of life. Recently, there have been efforts by water developers to change the use of existing wells and obtain well permits and water rights in the Ogallala for use in fracking operations. Because of the unique nature of the hydrology in the area and the proximity to Wyoming and Nebraska, these developers are seeking to avoid the typical safe guards applied to new well development. Specifically, the developers are attempting to avoid water court and are not seeking augmentation plans to mitigate the impact of these new diversions on existing rights as is typically required. This is a product of the developers' claims that the groundwater is not tributary to any stream in Colorado and thus cannot injure water rights in Colorado. All would agree, however, that these wells are tributary to the Ogallala Aquifer and would impact Colorado, Wyoming and Nebraska water users who rely on that aquifer. These water developers are attempting to use the unique geography of the area and the lack of a unified interstate system for groundwater administration to construct new wells under reduced legal standards. These actions are short-sighted and could have major ramifications on local groundwater users. The local landowners with which CPOA is working with are //��lAlY1MA-aLl ns ;fl°��R(f30, CC,t7L jmm 9 /a.2/a01g tr6) 2014-2925 9114 vehemently opposed to further water development in the area. A nationally recognized hydrogeology firm conducted a study which discusses the need for additional studies before allowing any new pumping. This report is attached for your review. We understand that at least one well in the Ogallala Aquifer has already been repurposed to supply water for oil and gas development Our clients were not aware of this application until after the change was approved, otherwise they would have opposed. While our clients do not support its continued use, they will not oppose it so long as there are no efforts to increase use beyond historical levels and no new wells are permitted nor existing wells used for oil and gas purposes. We want to reiterate that our clients are not opposed to fracking and are generally supportive of oil and gas development in the area. However, they believe that the water used for fracking operations should come from more responsible, truly non-tributary sources that will not negatively impact their future on these lands. Given the importance of the Ogallala Aquifer to these families and small businesses, it is irresponsible to put their livelihoods at risk when other water sources are available. Oil and gas development cannot only be about the bottom line especially when it may be detrimental to those families whose livelihoods rely on the continued availability of water. As a result of these concerns, numerous landowners have filed statements of opposition to the Change of Water Right Application pending in Division 1 Water Court Case No. 14CW3062. This application seeks to add industrial use to two existing wells, but proposes no terms and conditions restricting future use to historical levels. Our clients are also actively opposing a number of well permit applications that seek new high capacity wells in the Ogallala Aquifer for fracking purposes. These new wells would increase annual diversions from the Ogallala Aquifer up to 4,000 acre feet. The number of objecting landowners continues to grow as they become aware of these water development activities. Our clients will continue to monitor water court applications and well permit applications and object to any new applications that seek increased diversions from the Ogallala Aquifer for fracking purposes. Our clients are prepared to utilize all available legal and political means to protect their water rights. On behalf of CPOA, we urge you not to develop, utilize, or purchase water derived from the Ogallala Aquifer for use in fracking operations and instead rely on other more responsible sources. While our clients support oil and gas development in Colorado, they cannot support irresponsible development that puts their families and businesses at risk. Please do not hesitate to contact us if you wish to discuss this matter further. Sinc rely Michael F. Browning William D. Wombacher Corina A. Hach 68002 Recipient List • Whiting Petroleum Corporation; • Noble Energy, Inc. • Carrizo Oil & Gas, Inc. • Anadarko Petroleum Corp. • EOG Resources, Inc. CC: • National Resources Conservation Service • Central Colorado Water Conservation District • United State Forest Service—Pawnee National Grassland • Coloradoans for Responsible Energy Development • Colorado Governor John W. Hickenlooper • U.S. Representative Jared Polis • U.S. Senator Mark Udall • U.S. Representative Scott Tipton • U.S. Representative Cory Gardner • U.S. Representative Cynthia Lummis • U.S. Representative Adrian Smith • Colorado Senator Greg Brophy • Colorado Representative Jerry Sonnenberg • Colorado Representative Lorri Saine • U.S. Senator Michael Bennet • U.S. Senator Deb Fischer • U.S. Senator Mike Johanns • U.S. Senator John Barrasso • U.S. Senator Mike Enzi • Wyoming Governor Matt Mead • Fort Collins Audubon Society • Weld County Commissioner Mike Freeman 68002 s ti44-=1' ® Golder Associates September 12, 2014 Project No. 1411979 Mr. Bill Wombacher Porzak Browning & Bushong LLP 2120 13th Street Boulder, Colorado 80302 RE: OBJECTIONS TO THE SIDNEY DRAW WELL APPLICATIONS,WELD COUNTY, COLORADO Dear Mr. Wombacher: Golder Associates Inc. (Golder) has performed a limited review of the potential impact to the Ogallala Formation and neighboring groundwater and surface water users that could occur due to the planned pumping at proposed Sidney Draw water supply wells (Department of Water Resources (DWR) reference number 3665512). 1.0 SCOPE OF WORK The following tasks were undertaken: • Developed map(s) of locations and depths of the proposed wells in relation to those of neighboring permitted wells and decreed surface water rights • Reviewed regulations/experience relating to aquifer interactions, Ogallala preservation, and potential impact of the proposed wells to others • Reviewed local and regional references relevant to connection between aquifers and aquifer hydraulic properties • Reviewed proposed Sidney Draw application (receipt numbers 3665512A-D). 2.0 NEARBY GROUNDWATER AND SURFACE WATER USERS The four permits for commercial water supply wells (Sidney Draw wells) have been requested for a site adjacent to the Pawnee National Grasslands. The four proposed wells are located in 12N, 60W, section 25 of Weld County, Colorado. The combined maximum pumping rate is 4,000 gallons per minute (gpm) with a combined appropriation of 4000 acre-feet(AF). The DWR reference numbers for these wells are: 1. 3665512A—Brian Kinnison 2. 3665512B—Brian Kinnison 3. 3665512C—Kenneth Everitt 4. 3665512D—Kenneth Everitt Locations of Wells and Springs There are many permitted wells in the vicinity of the proposed Sidney Draw wells. The proposed and existing wells are shown on the attached map (Figure 1). This map also shows the pumping rates of the mapped wells, the outline of the Pawnee National Grasslands, the sections containing objectors' landholdings, and the extent of the Ogallala Formation. It can be seen that the proposed Sidney Draw wells are amongst the highest producing wells in the region, are within one half mile of other permitted wells, and are likely to have an impact on existing water rights. \14\1411979\9110\sidneydrawobjections rev-12sep14\1411979 sidneydrawobjections 12sep14.doc Golder Associates Inc. 44 Union Boulevard,Suite 300 Lakewood,CO 80228 USA Tel: (303)980-0540 Fax: (303)985-2080 www.golder.com Golder Associates:Operations in Africa,Asia,Australasia,Europe,North America and South America Golder,Golder Associates and the GA globe design are trademarks of Golder Associates Corporation t 4 Mr. Bill Wombacher September 12, 2014 Porzak Browning & Bushong LLP 2 1411979 In addition there are a number of springs protected by water right decrees in this area: Water Right Name* Water Source Q10 Q40 Q160 Sect Twshp Range PM County LONGAN DITCH SEEPAGE NE SW NW 25 5N 68W S LAR NELSON SPRING 1 SPRINGS NW SW NW 13 10N 59W S WEL NELSON SPRING 10 SPRINGS NE NW NE 23 10N 59W S WEL NELSON SPRING 11 SPRINGS SE SE NW 23 10N 59W S WEL NELSON SPRING 12 SPRINGS NE SE NE 11 10N 59W S WEL NELSON SPRING 13 SPRINGS NW SW NW 12 10N 59W S WEL NELSON SPRING 14 SPRINGS SW SE SW 9 10N 59W S WEL NELSON SPRING 15 SPRINGS NW NW NW 16 10N 59W S WEL NELSON SPRING 16 SPRINGS SW NW NE 21 10N 59W S WEL NELSON SPRING 17 SPRINGS SW SE SE 28 10N 59W S WEL NELSON SPRING 18 SPRINGS SW SW SE 27 10N 59W S WEL NELSON SPRING 19 SPRINGS NE NE NE 16 10N 59W S WEL NELSON SPRING 2 SPRINGS NE NE NE 15 10N 59W S WEL NELSON SPRING 20 SPRINGS NE NE NE 16 10N 59W S WEL NELSON SPRING 21 SPRINGS SW SW SW 21 10N 58W S WEL NELSON SPRING 22 SPRINGS SW SW SE 20 10N 58W S WEL NELSON SPRING 23 SPRINGS SE NW NW 26 11N 59W S WEL NELSON SPRING 3 SPRINGS SW NW NW 14 10N 59W S WEL NELSON SPRING 4 SPRINGS NE SE NE 15 10N 59W S WEL NELSON WELL 5 GROUNDWATER NW SE SW 8 10N 58W S WEL NELSON WELL 6 GROUNDWATER SW SW NE 22 10N 59W S WEL COLO EWBANK SPRINGS NE NW NW 36 11N 59W S WEL SPRING DEER SPRING STOCK SPRINGS SW SW NE 27 11N 59W S WEL TANK DOLAN SPRING STOCK SPRINGS SW SE NE 35 11N 59W S WEL TANK ELIZ SPRING STOCK SPRINGS SE NE NW 5 10N 58W S WEL TANK HILLMAN SPRING SPRINGS SE NW NE 33 11N 59W S WEL RAZOR SPRING STOCK SPRINGS SW NE NW 4 10N 58W S WEL TANK WELL NO 87123 EXEMPT WELLS NE SE 3 11S 67W S ELP WILLOW SPRING SPRINGS SW SW SW 26 11N 59W S WEL STOCK TANK HILLMAN SPRING SPRINGS SE NW NE 33 11N 59W S WEL RAZOR SPRING STOCK SPRINGS SW NE NW 4 10N 58W S WEL TANK *data derived from case numbers CA7313, W7313, and W4713 Six of these surface water rights are within about five miles of the proposed wells. i 11 411 4 1 1 979101 1 01sidneydrawoblections_rev-12sep1411411979 sidneydrawoblections_12sep14.doc OAVrdea r Mr. Bill Wombacher September 12, 2014 Porzak Browning & Bushong LLP 3 1411979 3.0 RESPONSE TO SIDNEY DRAW WELLS APPLICATION 1. The objectors own water rights in the vicinity of the proposed Sidney Draw wells that may be injured if the proposed wells are permitted. The objectors' landholdings are shown on Figure 1. 2. There are shallow-water-fed ponds and springs within the Sidney Draw Basin protected by (very old) decrees. The locations of the decreed springs are noted in Figure 1. Even marginal decreases in groundwater levels, such as might be expected from the proposed wells, could potentially dry up shallow water-supplied ponds and springs such as these, resulting in potential ecological impacts. 3. There are numerous permitted wells within four miles of the proposed Sidney Draw well locations that expect to be protected from new users. The locations and pumping rates of these wells are shown in Figure 1. One of the objecting landowners, the owner of the Highland well (DWR permit number 32190), located about four miles from the proposed Sidney Draw wells and 200-ft deep, has observed that in some years his well runs dry and he believes that this occurs when wells to the north of his location are being pumped at higher than typical rates. 4. The assumption of limited interconnection between water users in the Ogallala is not well substantiated. Although there are paleochannels within the Ogallala aquifer, infilled with White River Formation materials, that may affect interconnection between pumping wells and other ground water and surface water users, Scott (1982) points out that the paleochannels are sinuous and not well mapped, and that the White River Formation is not uniformly clayey. 5. Sections of the Ogallala aquifer in Colorado have been determined to be over- appropriated (Colorado Groundwater Commission, 2001). 6. Groundwater users on the fringes of an aquifer, such as the Ogallala aquifer in this part of Weld County, are particularly vulnerable to groundwater declines caused by pumping. 7. Wyoming and Nebraska users of the Ogallala aquifer may be impacted by the proposed Sidney Draw wells, since the wells are located approximately one mile from the Wyoming and Nebraska borders. 8. Water levels have declined 100 feet in the portion of the Ogallala aquifer adjacent to the Colorado border between 1943 and 2004 (Wyoming Water Development Commission, 2009). 9. The proposed annual appropriation for the Sidney Draw wells appears to be overly optimistic compared to pumping rates in nearby sections of the Ogallala aquifer. Pumping rates are noted on Figure 1. Based on these considerations it is recommended that, prior to issuing permits to any new wells in the Ogallala aquifer, all of the following steps be taken to protect current well owners and surface water users: • Search for permitted wells and springs and surface water features supporting wildlife between the proposed Sidney Draw wells and the edge of the Ogallala aquifer in • Colorado, and within a 10-mile radius in Wyoming and Nebraska • Assemble historical experience and observations with well to well effects in these portions of the Ogallala aquifer • Conduct and analyze a 3-day aquifer pumping test to demonstrate aquifer properties, expected drawdown, and sustainability of pumping rates ■ Analyze the long-term expected drawdowns and radius of influence of the proposed Sidney Draw wells rk14\1411979\0110\sidneydrawobiections_rev-12sep1411411s7s sidneydrawobiections 12sep14.doc 2��t/ 4 t Mr. Bill Wombacher September 12, 2014 Porzak Browning & Bushonq LLP 4 1411979 • Install monitoring wells between the proposed Sidney Draw wells and their closest permitted neighboring wells, screened in the same pumping interval • Develop, implement, and interpret the results from a monitoring program to understand current water levels, together with seasonal variations in advance of additional pumping • Submit these plans for SEC;and public review. 4.0 REFERENCES Colorado Groundwater Commission, 2001, Rules and Regulations for the Management and Control of Designated Groundwater, 2 CCR 410-1. Scott, G.R. 1982, Paleovalley and Geologic Map of Northeastern Colorado, USGS Map I-1378. Wyoming Water Development Commission, 2009, Water Resource Atlas of Laramie County, Wyoming. If you have any questions or comments please contact the undersigned at (303) 980-0540. Sincerely, GOLDER ASSOCIATES INC. Meda G.•Truskowski, P.G. 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