1  

DISTRICT COURT, WATER DIVISION 1, COLORADO APRIL 2017 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of APRIL 2017 for each County affected.

17CW26 DAVID COPPFER, 11660 Antler Trail, Littleton, CO 80127. 303-901-1794. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE IN PART IN JEFFERSON COUNTY. Original decree: 11-12-04 in case 04CW51, WD 1; Subsequent decree: 04-20-11 in case 10CW275, WD1. Coppfer Well, 175577, located NE1/4, NW1/4, S26, T6S, R70W of the 6th PM at a point approximately 800 ft. from the N and 2600 ft. from the W. Tract 8, Sampson Mountain Ranch subdivision, 11660 Antler Trail. Source: Groundwater. Date of appropriation: 05-25-94; Amount: 0.013 cfs (6 gpm) Absolute and 0.020 cfs (9 gpm) Conditional. Depth: 363 ft. Use: Domestic use in a single family dwelling, including irrigation on approximately 1 acre and stock water. Domestic Use in two additional single family dwellings is conditional. Here, Applicant seeks to make absolute 9 gpm, and to continue as conditional the right for domestic use in two additional single family dwellings. 17CW27 DONALD J. AND JUNE A. TIPPLE, 3765 Pasture Gate Circle, Elizabeth, CO 80107. 720-320-1416. APPLICATION FOR UNDERGROUND WATER RIGHTS IN THE DENVER BASIN AQUIFERS IN ELBERT COUNTY. Applicant seeks to adjudicate the well, permit 184447, and to adjudicate the non tributary and not nontributary Denver Basin groundwater underlying a 2.65 acre tract of land lying in the SW1/4, SE1/4, S30, T7S, R64W of the 6th PM, including the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers. 17CW28 RANDALL G. AND ESTELLE URLIK, 37222 CR 21, Elizabeth, CO 80107. 303-944-6140. APPLICATION FOR UNDERGROUND WATER RIGHTS IN THE DENVER BASIN AQUIFERS IN ELBERT COUNTY. Applicant seeks to adjudicate the well, permit 305146, and to adjudicate the non tributary and not nontributary Denver Basin groundwater underlying a 18.9 acre tract of land lying in the NW1/4, SW1/4, S28, T7S, R64W of the 6th PM, including the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers. 17CW3060 Town of Julesburg, c/o Allen Coyne, 100 West Second St., Julesburg, CO 80737, (970) 474-3344. Please send all future correspondence and pleadings to: Kelly Custer, Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Ste. 1, Johnstown, CO 80534; telephone: 970-622-8181. Application for Correction To An Established But Erroneously Described Point of Diversion Pursuant to § 37-92-305(3.6), C.R.S. in SEDGWICK COUNTY. 2. Decreed water right for which correction is sought: 2.1 Name of structure: Town of Julesburg Well No. 3. 2.2. Date of original and all relevant subsequent decrees: Case No. W-6014, Water Division 1, decree dated March 10, 1976. The well is augmented pursuant to the augmentation plan decreed in Case No. 02CW320, Water Division 1, decree dated April 11, 2007 (Lower South Platte Water Conservancy District). 2.3 Legal description of structure as described in most recent decree that adjudicated the location: The location decreed in Case No. W-6014 is: NE1/4 NE1/4 of Section 26, Township 12 North, Range 45 West of the 6th P.M., Sedgwick County, Colorado, at a point 900 feet South and 900 feet East of the NW Corner of the NE1/4 of NE1/4 of said Section 26. 2.4 Decreed source of water: Groundwater 2.5 Appropriation Date: May 10, 1942 2.6 Total amount decreed to structure in gallons per minute (gpm) or cubic feet per second (cfs): 077 cfs, absolute 2.7 Decreed use or uses: Municipal 3. Detailed description of proposed correction to an established but erroneously described point of diversion: 3.1 Complete statement of correction to an established but erroneously described point of diversion, including whether it is erroneously described.

 

2  

The subject well was originally located at the location decreed in Case No. W-6014. The Town relocated the well pursuant to Well Permit No. 21160-RF, which was issued by the State Engineer’s Office on June 24, 1976. The permitted location is in the SW1/4 of the NE1/4 of Section 29, Township 12 North, Range 44 West, 6th P.M., Sedgwick County, Colorado, at a point 1400 feet from the North section line and 1330 feet from the East Section line. The well has been operated by the Town at its permitted location for its decreed uses for approximately 40 years. These facts demonstrate that the well meets the requirements of §37-92-305(3.6)(a). The Town has operated the well since 1976. The well casing has deteriorated, and the Town applied for a replacement well permit for Permit No. 21160-RF. The State Engineer’s Office notified the Town that it will not issue the replacement well permit until the Town has filed this application to correct the erroneously described well location. After issuance of the replacement well permit, the well will continue to be augmented under the Lower South Platte Water Conservancy District plan for augmentation decreed in Case No. 02CW320, pursuant to the terms of that decree. 3.2 The legal description of the corrected point of diversion: SW1/4 of the NE1/4 of Section 29, Township 12 North, Range 44 West, 6th P.M., Sedgwick County, Colorado, at a point 1400 feet from the North section line and 1330 feet from the East Section line. The well is located within the Town of Julesburg, in the Clarkson First Addition Subdivision, Filing 2, Block 64. 4. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool. Applicant owns the land upon which the well is located. 4 pages. 0 exhibts. 17CW3061 CRYSTAL LAKES WATER AND SEWER ASSOCIATION, c/o Jack Goodell, President, 300 Tami Road, Red Feather Lakes, CO 80545, (Please direct all correspondence to Robert F. T. Krassa, Krassa & Miller, LLC, Attorney for Applicant, 2737 Mapleton Ave., Ste. 103, Boulder, CO 80304-3836, 303-442-2156). Application to Make Absolute In Whole or In Part LARIMER COUNTY, COLORADO. 2. The Names of the Structures: Upper Lone Pine Lake, (original decree and first enlargement decree) a reservoir; Lower Lone Pine Reservoir decreed as alternate storage location by decree of this Court in Case 09CW185 entered November 22, 2011, which decree is incorporated herein by this reference. 3. Describe Conditional Water Right of Original Decree: a. Case Number and Date of Original Decree: September 20, 1978, Case W-7633-74; Court: District Court, Water Division No. 1. b. List all subsequent decrees awarding findings of diligence: (all in this Court): 82CW300 entered August 29, 1983; 86CW221 entered April 29, 1987; 93CW050 entered November 18, 1993; 99CW188 entered December 28, 2000; 06CW275 entered July 16, 2008 and 14CW3079 entered December 28, 2014. c. Location of structure as decreed in said Case W-7633: SE1/4 NEl/4, Section 23, Township 10 North, Range 74 West, 6th P.M., Larimer County. Dam axis begins at a point which bears S06 degrees 10' W, 1570 feet from the NE Corner, Section 23, Township 10 North, Range 74 West of the 6th P.M. d. The source of the water: North Fork of Lone Pine Creek, tributary to North Fork Cache la Poudre River, tributary to South Platte River. e. The date of appropriation: July 26, 1973 f. The amount of water: 93.73 acre feet CONDITIONAL decreed in Case W-7633-74. g. The use of the water: Municipal use (including commercial, industrial, domestic, irrigation incident thereto, and sewage treatment, including land disposal), irrigation, recreation, fish and wildlife propagation, and all other beneficial purposes, including replacement, by direct exchange of stream depletions caused by well pumping for the above purposes and uses. 4. Describe Conditional Water Right of First Enlargement Decree: a. Case Number and Date of First Enlargement Decree: January 21, 1980, Case W-9287-78; Court: District Court, Water Division No. b. List all subsequent decrees awarding findings of diligence: (all in this Court): 83CW236 entered April 29, 1987; 87CW209 entered August 26, 1988,; 94CW126 entered March 25, 1995; 01CW36 entered March 27, 2002; 08CW129 entered March 22, 2010 and 16CW3027 entered August 23, 2016. c. Location of structure as decreed in said Case W-9287: SE1/4 NEl/4, Section 23, Township 10 North, Range 74 West of the 6th P.M., Larimer County. Dam axis begins at a point which bears S 06 degrees 10' W, 1570 feet from the NE Corner of said Section 23. d. The source of the water: North Fork of Lone Pine Creek, tributary to North Fork Cache la Poudre River, tributary to South Platte

 

3  

River. e. The date of appropriation: June 30, 1975 f. The amount of water: 25.48 acre feet CONDITIONAL decreed in Case W-9287 in addition to the 93.73 acre feet CONDITIONAL decreed in Case W-7633-74. g. The use of the water: Municipal, irrigation, recreation, fish and wildlife propagation, and all other beneficial purposes, including the replacement by direct exchange of stream depletions caused by well pumping for the above purposes. 5. Describe Conditional Water Right of Second Enlargement Decree: a. Case Number and Date of Second Enlargement Decree: May 25, 1995, Case 91CW116; Court: District Court, Water Division No. 1. b. List all subsequent decrees awarding findings of diligence: (all in this Court): 01CW216 entered June 7, 2005 and 11CW110 entered May 21, 2013. c. Location of structure as decreed in said Case 91CW116: SE1/4 NEl/4, Section 23, Township 10 North, Range 74 West of the 6th P.M., Larimer County. “The point at which the dam axis crosses the stream (which will be the approximate location of the outlet) bears S 13 degrees 23' 30" W 1597.4 feet from the Northeast corner of said Section 23.” d. The source of the water: North Lone Pine Creek, and Killpecker Creek as described in greater detail in said decree in Case 91CW116. (Note: spelling of Killpecker is correct per said Decree in Case 91CW116 and the USGS Geographic Names Information System.) Crystal Lakes in Case 09CW185 stipulated with Red Feather Storage and Irrigation Company and Cache la Poudre Waters Users Association to the following provision: “Applicant will not use, divert or store water from Killpecker Creek in either Upper Lone Pine Lake reservoir or Lower Lone Pine Lake reservoir except by further written agreement with Red Feather Storage and Irrigation Company, and such stipulation is approved and confirmed by the Court. Further judicial approval shall be required before any such use, diversion or storage of water from Killpecker Creek in either Upper Lone Pine Lake reservoir or Lower Lone Pine Lake reservoir.” e. The date of appropriation: October 14, 1989. f. The amount of water: 151.79 acre feet CONDITIONAL decreed in said Case 91C@W116 in addition to the 93.73 acre feet CONDITIONAL decreed in Case W-7633-74 and the 25.48 acre feet conditional decreed in said case W-9287-78. g. The use of the water: irrigation, municipal, recreation, fish and wildlife propagation, and as augmentation and replacement water, all as described in greater detail in said decree in Case 91CW116. The decree in said case 09CW185 provides as follows, “The 91CW116 decree states that the irrigation and augmentation uses are [also] associated with the service area of Red Feather [Irrigation and Storage Company]. However, the agreement between Crystal Lakes and Red Feather supporting such uses in the Red Feather area has expired, and accordingly, judicial approval shall be required before any use of water stored under the 91CW116 decree in the Red Feather service area. 6. Alternate storage location. The above information is from the decrees in said cases W-7633, W-9287 and 91CW116, respectively. On November 22, 2011, this Court issued its Decree in Case 09CW185 approving the site of Lower Lone Pine Reservoir as an alternate storage location for the original, first and second enlargement storage rights of Upper Lone Pine reservoir. That location is described in said decree as follows: The axis of the dam for the enlarged reservoir will cross the thread of Lone Pine Creek at a point which is 485 feet from the east line and 1270 feet from the south line of Section 7, Township 10 North, Range 73 West of the 6th P.M. in Larimer County as shown on map attached as Exhibit A. 7. If claim to make absolute in whole or in part: a. Date water applied to beneficial use: November 1, 2014 through July 2015. Amount: 156.34 acre feet total, of which 93.73 acre feet were stored under the subject Original Conditional Water Storage Right, 10.5 acre feet were stored under the Original Lower Lone Pine Storage Right decreed in Case W-9288, which right is absolute, 25.48 acre feet were stored under the 1st enlargement water right, and 26.63 acre feet were stored under the conditional Second Enlargement Storage Right. Said storage makes the Original and First Enlargement storage rights absolute, and leaves 125.16 acre feet of the Second Enlargement storage right conditional. b. Supporting evidence. Records show that the reservoir was filled and refilled as needed to replace releases ordered by the office of the State Engineer and to replace water released to fully pass inflow at times when the reservoir was out of priority. The elevation-capacity curve and table attached hereto as Exhibit B show capacity of the structure is 105.6 acre feet. Applicant’s engineers conducted a detailed study of in-priority fill. A graph showing actual storage with time is attached as Exhibit C. A cumulative storage graph showing the total 162 acre feet of storage is attached hereto as Exhibit D. The beneficial uses are as described in the above mentioned decrees. The principal beneficial use is storage for

 

4  

municipal purposes to support the plan for augmentation of Crystal Lakes as decreed by this Court in combined cases W-7631 and W-8540 on November 9, 1983, which decree is incorporated herein by this reference. That plan provides for augmentation of wells throughout the Crystal Lakes area. c. Description of place of use where water is applied to beneficial use. The Crystal Lakes augmentation plan area is described in the said Decree in W-7631 and W-8540 as located in parts of Township 10 North, Range 73 West, Township 10 North, Range 74 West and Township 11 North, Range 74 West, all West of the 6th Principal Meridian in Larimer County, and is shown on map attached hereto as Exhibit E. d. Pursuant to C.R.S. 37-92-301(4), Crystal Lakes requests that the subject Original water storage right be made absolute to its full extent of 93.21 acre feet, that the subject First Enlargement water storage right be made absolute to its full extent of 25.48 acre feet, and that the subject Second Enlargement storage right be made absolute to the extent of 26.63 acre feet out of the 151.79 acre feet conditionally decreed in Case 91CW116, for all of the above described decreed purposes based on the fact that said volume of the appropriation has been captured, possessed and controlled at the alternate storage structure as decreed in said case 09CW185. e. C.R.S. § 37-92-301(4)(e) provides, “A decreed conditional storage right shall be made absolute for all decreed purposes to the extent of the volume of the appropriation that has been captured, possessed, and controlled at the decreed storage structure.” The case Northern Colo. Wtr. Cons. Distr. v. Three Peaks Water, Inc., 859 P.2d 836 (Colo. 1993) provides that a water right can be made absolute by diversion or storage at an alternate structure provided that structure has in fact been decreed as an alternate, as was done for Crystal Lakes in said Case 09CW185. 8. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure or modification to any existing diversion or storage structure necessary for the subject rights is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Applicant. WHEREFORE, Crystal Lakes prays: A. that the court enter a Decree making the subject water rights absolute to the extent of the entire 93.73 acre feet of the subject Original Storage right, the entire 25.48 acre feet of the First Enlargement storage right, and 26.63 acre feet of the Second Enlargement storage right; B. that the Court determine that the said amounts are absolute for all the decreed uses, and that no further diligence applications are necessary to keep the subject Original Storage Right, the First Enlargement Storage Right or the first 26.63 acre feet of the Second Enlargement Storage Right in full force and effect; and C. that the Court determine that the remaining 125.16 acre feet of the Second Enlargement Storage Right remains conditional and an application for finding of reasonable diligence will still be due during the month of May 2019, as provided in the last diligence decree for that storage rights entered May 21, 2013 in Case 11CW110; and The only relief requested in this case is to make conditional storage rights absolute as stated, and to provide for subsequent diligence determinations for the portion of the storage right that remains conditional. No changes are requested in any previous decrees or stipulations. 17CW3062 (07CW300). Logan Well Users, Inc., P.O. Box 1172, Sterling, CO 80751 c/o Lawrence Jones Custer Grasmick, LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO, 80534 (970)622-8181. APPLICATION FOR FINDING OF REASONABLE DILIGENCE, TO MAKE ABSOLUTE CONDITIONAL WATER RIGHTS AND FOR CHANGE OF WATER RIGHTS TO CORRECT DECREE ERRORS IN LOGAN, MORGAN and WASHINGTON COUNTIES, The following water rights were decreed conditional in the decree entered in Case No. 07CW300 (Decree). Applicant seeks a finding of reasonable diligence and to make absolute certain conditional water rights. In addition applicant seeks changes of water rights to correct clerical errors for two of the wells in the Decree and pursuant to Water Court Rule 3(c) seeks approval of the Court to include the changes/corrections in this proceeding. Groundwater Rights. 1. The following conditional groundwater rights were adjudicated in the Decree. 1.1. Name of Structure. Ramey Well-Permit No. 68167-f (LWU ID 423) (WDID 6406860). 1.1.1. Owner. Gary Ramey, 11874 Rd 370 Sterling, Colorado 80751. 1.1.2. Location. In the NE1/4 NE1/4 of Section 4, Township 7 North, Range 52 West of the 6th P.M., Logan County, Colorado. 1.1.3. Appropriation Date. December 11, 2007. 1.1.4. Amount. 15 g.p.m., conditional. 1.1.5. Source. Groundwater tributary to the South Platte River. 1.1.6. Use. Irrigation of 1 acre located in the NE1/4

 

5  

NE1/4 of Section 4, Township 7 North, Range 52 West of the 6th P.M., Logan County, Colorado. 1.2. Name of Structure. Fritzler Well-Permit No. 74959-F (LWU ID 424) (WDID 6406861). 1.2.1 Owner. Douglas Fritzler, 18234 Rd 24 Sterling, Colorado 80751. 1.2.2 Location. In the SW1/4 SE1/4 of Section 4, Township 7 North, Range 53 West of the 6th P.M., Logan County, Colorado. 1.2.3. Appropriation Date. December 11, 2007. 1.2.4. Amount. 900 g.p.m., conditional. 1.2.5. Source. Groundwater tributary to the South Platte River. 1.2.6. Use. Irrigation of 160 acres located in the SE1/4 of Section 4, Township 7 North, Range 53 West of the 6th P.M., Logan County, Colorado. 1.3. Name of Structure. McAtee Riverside Pit-Permit No. 66811-F (LWU ID 429) (WDID 6403005). 1.3.1. Owner. McAtee Construction Company, 220 Edwards Avenue, Sterling, Colorado 80751. 1.3.2. Location. In the SE1/4 of Section 28 and the NE1/4 of Section 33, Township 8 North, Range 52 West of the 6th P.M., Logan County, Colorado. 1.3.3. Appropriation Date. December 22, 2008. 1.3.4. Amount. 120 acre-feet, conditional. 1.3.5. Source. Groundwater tributary to the South Platte River. 1.3.6. Use. Gravel pit evaporation and water removed during mining. 1.4. Name of Structure. Lingreen Well-Permit No. 80631-F (LWU ID 430) (WDID 6406702). 1.4.1. Owner. Robert Lingreen, P.O. Box 1969, Sterling, Colorado 80751. 1.4.2. Previous Decree. Logan Well Users, Inc. 03CW195 at ¶30.13, February 21, 2006. 1.4.3. Location. In the NW1/4 SE1/4 of Section 36, Township 7 North, Range 53 West of the 6th P.M., Logan County, Colorado, 2040 feet from the South section line and 1630 feet from the East section line. 1.4.4. Appropriation Date. December 20, 2007. 1.4.5. Amount. 1500 g.p.m., conditional. 1.4.6. Source. Groundwater tributary to the South Platte River. 1.4.7. Use. Irrigation of 200 acres located in Section 36, Township 7 North, Range 53 West, Logan County, Colorado. This water right is in addition to the water right decreed to this structure in Case No. 03CW195. 1.5. Decreed Name of Structure. Karg Well No. 7 P-15964 (LWU ID 435) (WDID 6405734). 1.5.1. Owner. Rhodes Enterprises LLC, 6423 CR 29.7 Merino, CO 80741. 1.5.2. Previous Decree. Case No. W-1559, Water Division No. 1, September 11, 1975. 1.5.3. Location. In the SW1/4 NE1/4 of Section 33, Township 7 North, Range 53 West of the 6th P.M., Logan County, Colorado at a point 2658 feet from the North section line and 1620 feet from the East section line of said Section 33. 1.5.4. Appropriation. September 25, 2009. 1.5.5. Amount. 1.9 c.f.s., conditional. 1.5.6. Source. Groundwater tributary to the South Platte River. 1.5.7. Use. Commercial, feedlot, irrigation, and stock watering. This water right is in addition to the water right decreed to this structure in Case No. W-1559. 1.6. Name of Structure. Northeastern Junior College Well No. 1 (LWU ID 434) (WDID 6406899). 1.6.1. Owner. Colorado State Board for Community Colleges and Occupational Education, 9101 E. Lowry Blvd Denver CO 80230. 1.6.2. Location. In the SW1/4 NW1/4 of Section 36, Township 8 North, Range 53 West of the 6th P.M., Logan County, Colorado at a point 232 feet from the North section line and 350 feet from the west section line, of said Section 36. 1.6.3. Appropriation Date. April 30, 2009.1.6.4. Amount. 0.20 c.f.s., conditional. 1.6.5. Source. Groundwater tributary to the South Platte River. 1.6.6. Use. Municipal. 1.7. Name of Structure. Logan County Industrial Site Well No. 1 (LWU ID 436) (WDID 6406868). 1.7.1. Owner. Alliance Clean Oil LLC, 6 West Dry Creek Circle, Suite 150 Littleton, CO 80120. 1.7.2. Location. In the NW1/4 NW1/4 of Section 35, Township 8 North, Range 52 West of the 6th P.M., Logan County, Colorado at a point 263 feet from the North section and 808 feet from the West section Line, of said Section 35. 1.7.3. Appropriation Date. August 19, 2009. 1.7.4. Amount. 0.267 c.f.s., conditional. 1.7.5. Source. Groundwater tributary to the South Platte River. 1.7.6. Use. Irrigation of 30 acres located in the NW1/4 SE1/4 of Section 25, Township 8 North, Range 52 West of the 6th P.M., Logan County, Colorado. 1.8. Name of Structure. Logan County Industrial Site Well No. 2 (LWU ID 437) (WDID 6406869). 1.8.1. Owner. Alliance Clean Oil LLC, 6 West Dry Creek Circle, Suite 150 Littleton, CO 80120. 1.8.2. Location. In the NE1/4 NW1/4 of Section 35, Township 8 North, Range 52 West of the 6th P.M., Logan County, Colorado at a point 513 feet from the North section line and 1328 feet from the West section Line, of said Section 35. 1.8.3. Appropriation Date. August 19, 2009. 1.8.4. Amount. 0.267 c.f.s., conditional. 1.8.5. Source. Groundwater tributary to the South Platte River. 1.8.6. Use. Irrigation of 30 acres located in the NW1/4 SE1/4 of Section 25, Township 8 North, Range 52 West of the 6th P.M., Logan County, Colorado. 1.9. Name of Structure. Logan County Industrial Site Well No. 3 (LWU ID 438) (WDID 6406870). 1.9.1. Owner. Alliance Clean Oil LLC, 6 West Dry Creek Circle, Suite 150 Littleton, CO 80120. 1.9.2. Location. In the NE1/4 NW1/4 of Section

 

6  

35, Township 8 North, Range 52 West of the 6th P.M., Logan County, Colorado at a point 205 feet from the North section line and 1960 feet from the West section Line, of said Section 35. 1.9.3. Appropriation Date. August 19, 2009. 1.9.4. Amount. 0.0267 c.f.s., conditional. 1.9.5. Source. Groundwater tributary to the South Platte River. 1.9.6. Use. Industrial. 1.10 Name of Structure. Logan County Industrial Site Well No. 4 (LWU ID 439) (WDID 6406871).1.10.1 Owner. Alliance Clean Oil LLC, 6 West Dry Creek Circle, Suite 150 Littleton, CO 80120.1.10.2.Location. In the NW1/4 NW1/4 of Section 35, Township 8 North, Range 52 West of the 6th P.M., Logan County, Colorado at a point 693 feet from North section line and 779 feet from East section line, of said Section 35. 1.10.3. Appropriation Date. August 19, 2009. 1.10.4. Amount 0.14 c.f.s., conditional. 1.10.5. Source. Groundwater tributary to the South Platte River. 1.10.6. Use. Industrial. 1.11. Name of Structure. Smart Brothers Well-Permit No. 75236-F (LWU ID 441) (WDID 6406900). 1.11.1. Owner. Smart Brothers, Inc., 3525 County Road 31, Atwood, CO 80722. 1.11.2. In the SE1/4 NW1/4 of Section 22, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado at a point 2592 feet from North section line and 2368 feet from West section line, of said Section 22. 1.11.3. Appropriation Date. September 14, 2009. 1.11.4. Amount. 4.45 c.f.s., conditional. 1.11.5. Source. Groundwater tributary to the South Platte River. 1.11.6. Use. Livestock watering, feedlot and irrigation of 200 acres located in Section 22, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado. 1.12. Name of Structure. Rosie’s LLC Well No. 6-Permit No. 75037-F (LWU ID 447) (WDID 6406902). 1.12.1. Owner. Rosie’s LLC, 17566 CR 30, Sterling, CO 80751. 1.12.2. Location. In the SE1/4 NE1/4 of Section 23, Township 8 North, Range 53 West of the 6th P.M., Logan County, Colorado at a point 2074 feet from the North section line and 50 feet from the East section line, said Section 23. 1.12.3. Appropriation Date. February 2, 2010. 1.12.4. Amount. 1.78 c.f.s, conditional. 1.12.5. Source. Groundwater tributary to the South Platte River. 1.12.6. Use. Irrigation of 160 acres located in Section 23, Township 8 North, Range 53 West of the 6th P.M., Logan County, Colorado. 1.13. Name of Structure. Rosie’s LLC Well No. 8-Permit No. 75038-F (LWU ID 448) (WDID 6406903). 1.13.1. Owner. Rosie’s LLC, 17566 CR 30, Sterling, CO 80751. 1.13.2. Location. In the NE1/4 SE1/4 of Section 23, Township 8 North, Range 53 West of the 6th P.M., Logan County, Colorado at a point 2071 feet from the South section line and 183 feet from the East section line, said Section 23. 1.13.3. Appropriation Date. February 2, 2010. 1.13.4. Amount. 1.78 c.f.s., conditional. 1.13.5. Source. Groundwater tributary to the South Platte River. 1.13.6. Use. Irrigation of 160 acres located in Section 23, Township 8 North, Range 53 West of the 6th P.M., Logan County, Colorado. 1.14. Name of Structure. Rosie’s LLC Well No. 11-Permit No. 75039-F (LWU ID 449) (WDID 6406904). 1.14.1. Owner. Rosie’s LLC, 17566 CR 30, Sterling, CO 80751. 1.14.2. Location. In the SE1/4 NE1/4 of Section 23, Township 8 North, Range 53 West of the 6th P.M., Logan County, Colorado at a point 1956 feet from the North section line and 481 feet from the East section line, said Section 23. 1.14.3. Appropriation Date. February 2, 2010. 1.14.4. Amount. 1.67 c.f.s., conditional. 1.14.5. Source. Groundwater tributary to the South Platte River. 1.14.6. Use. Irrigation of 160 acres located in Section 23, Township 8 North, Range 53 West of the 6th P.M., Logan County, Colorado. 1.15. Name of Structure. Rosie’s LLC Well No. 12-Permit No. 75040-F (LWU ID 450) (WDID 6406905). 1.15.1 Owner. Rosie’s LLC, 17566 CR 30, Sterling, CO 80751. 1.15.2. Location. In the SE1/4 SE1/4 of Section 23, Township 8 North, Range 53 West of the 6th P.M., Logan County, Colorado at a point 985 feet from the South section line and 103 feet from the East section line, said Section 23. 1.15.3. Appropriation Date. February 2, 2010. 1.15.4. Amount. 1.67 c.f.s., conditional. 1.15.5. Source. Groundwater tributary to the South Platte River. 1.15.6. Use. Irrigation of 160 acres located in Section 23, Township 8 North, Range 53 West of the 6th P.M., Logan County, Colorado. 1.16. Name of Structure. Janice Lebsock Well-Permit No. 75041-F (LWU ID 451) (WDID 6406906). 1.16.1. Owner. Janice Lebsock, 9061 CR 19 Sterling, CO 80751. 1.16.2. Location. In the SE1/4 SE1/4 of Section 16, Township 7 North, Range 54 West of the 6th P.M., Logan County, Colorado at a point 896 feet from the South section line and 1012 feet from the East section line, said Section 16. 1.16.3. Appropriation Date. February 2, 2010. 1.16.4. Amount. 3.34 c.f.s., conditional. 1.16.5. Source. Groundwater tributary to the South Platte River. 1.16.6. Use. Irrigation of 381 acres located in Section 16, Township 7 North, Range 54 West of the 6th P.M., Logan County, Colorado. 1.17. Name of Structure. Guenzi Farms, Inc. Well No. 1-Permit No. 75028-F (LWU ID 452) (WDID 6406907).

 

7  

1.17.1. Owner. Guenzi Farms, Inc. 1079 CR 25, Sterling, CO 80751. 1.17.2. Location. In the NE1/4 NW1/4 of Section 19, Township 7 North, Range 53 West of the 6th P.M., Logan County, Colorado at a point 50 feet from the North section line and 1750 feet from the West section line, said Section 19. 1.17.3. Appropriation Date. February 2, 2010. 1.17.4. Amount. 2.23 c.f.s., conditional. 1.17.5. Source. Groundwater tributary to the South Platte River. 1.17.6. Use. Irrigation of 120 acres located in the SW 1/4 of Section 19, Township 7 North, Range 53 West of the 6th P.M., Logan County, Colorado. 1.18. Name of Structure. Guenzi Farms, Inc. Well No. 2-Permit No. 75029-F (LWU ID 453) (WDID 6406908). 1.18.1. Owner. Guenzi Farms, Inc. 1079 CR 25, Sterling, CO 80751. 1.18.2. Location. In the SW1/4 SW1/4 of Section 20, Township 7 North, Range 53 West of the 6th P.M., Logan County, Colorado at a point 150 feet from the South section line and 785 feet from the West section line, said Section 20. 1.18.3. Appropriation Date. February 2, 2010. 1.18.4. Amount. 2.23 c.f.s., conditional. 1.18.5. Source. Groundwater tributary to the South Platte River. 1.18.6. Use. Irrigation of 160 acres located in the SE1/4 of Section 19 and 220 acres located in the W1/2 of Section 20, Township 7 North, Range 53 West of the 6th P.M., Logan County, Colorado. 1.19 Name of Structure. Guenzi Farms, Inc. Well No. 3-Permit No. 75030-F (LWU ID 454) (WDID 6406909). 1.19.1. Owner. Guenzi Farms, Inc. 1079 CR 25, Sterling, CO 80751. 1.19.2. Location. In the SE1/4 SW1/4 of Section 20, Township 7 North, Range 53 West of the 6th P.M., Logan County, Colorado at a point 210 feet from the South section line and 1600 feet from the West section line, said Section 20. 1.19.3. Appropriation Date. February 2, 2010. 1.19.4. Amount. 2.23 c.f.s., conditional. 1.19.5. Source. Groundwater tributary to the South Platte River. 1.19.6. Use. Irrigation of 220 acres located in the W1/2 of Section 20, Township 7 North, Range 53 West of the 6th P.M., Logan County, Colorado. 1.20. Name of Structure. Alan Harryman Well-Permit No. 75031-F (LWU ID 455) (WDID 6406910). 1.20.1. Owner. Alan Harryman 7111 CR 7 Merino, CO 80741. 1.20.2 Location. In the SW1/4 SW1/4 of Section 29, Township 7 North, Range 54 West of the 6th P.M., Logan County, Colorado at a point 50 feet from the South section line and 326 feet from the West section line, said Section 29. 1.20.3. Appropriation Date. March 11, 2010. 1.20.4. Amount. 2.67 c.f.s., conditional. 1.20.5. Source. Groundwater tributary to the South Platte River. 1.20.6. Use. Irrigation of 160 acres located in the SW1/4 of Section 29, Township 7 North, Range 54 West of the 6th P.M., Logan County, Colorado. 1.21. Name of Structure. Mark Kross Well-Permit No. 75907-F (LWU ID 456) (WDID 6406911). 1.21.1. Owner. Mark Kross 10678 Hwy 6 Merino, CO 80741. 1.21.2. Location. In the NW1/4 SE1/4 of Section 26, Township 6 North, Range 54 West of the 6th P.M., Logan County, Colorado at a point 1286 feet from the South section line and 1385 feet from the East section line, said Section 26. 1.21.3. Appropriation Date. February 2, 2010. 1.21.4. Amount. 2.00 c.f.s., conditional. 1.21.5. Source. Groundwater tributary to the South Platte River. 1.21.6. Use. Irrigation of 62 acres located in the SE1/4 of Section 26, Township 6 North, Range 54 West of the 6th P.M., Logan County, Colorado. 1.22. Name of Structure. Perry Pomeroy III Well 9463-FR-Permit No. 75960-F (LWU ID 457) (WDID 6406064). 1.22.1. Owner. Perry Pomeroy III 13514 CR 16.5 Merino CO 80741.1.22.2. Location. In the NE1/4 SW1/4 of Section 29, Township 7 North, Range 53 West of the 6th P.M., Logan County, Colorado at a point 2276 feet from the South section line and 1696 feet from the West section line, said Section 29. 1.22.3. Appropriation Date. March 11, 2010. 1.22.4. Amount. 1.34 c.f.s., conditional. 1.22.5. Source. Groundwater tributary to the South Platte River. 1.22.6. Use. Irrigation of 160 acres located in the S1/2 SW1/4 of Section 29 and N1/2 NW1/4 of Section 32, Township 7 North, Range 53 West of the 6th P.M., Logan County, Colorado. RECHARGE WATER RIGHTS 2. Name of Structure. Dune Ridge State Wildlife Area Recharge Project (DRRP). 2.1. Diversion. Dune Ridge SWA Well No. 1 (LWU ID R-17) (a/k/a LWU ID 228), (WDID 645848). 2.1.1. Location. In the SE1/4 SW1/4 Section 19, Township 7 North, Range 52 West of the 6th P.M., Logan County, Colorado, at a point 15 feet from the South section line and 1420 feet from the West section line, said Section 19. 2.1.2. Appropriation Date. December 22, 2008. 2.1.3. Amount. 2000 g.p.m., conditional. 2.1.4. Source. Groundwater tributary to the South Platte River. 2.1.5. Use. Recharge for use in the plan for augmentation decreed in this decree and in the 03Decree for augmentation of water rights used for irrigation, municipal, commercial, livestock, fire protection, wildlife and also for wildlife habitat, wildlife water and any other beneficial uses consistent with the intended purposes of creating additional habitat for wildlife and waterfowl at the DRRP. 2.2. Diversion.

 

8  

Dune Ridge SWA Well No. 2 (LWU ID R-18) (WDID 6406872). 2.2.1. Location. In the NW1/4 SW1/4 Section 19, Township 7 North, Range 52 West of the 6th P.M., Logan County, Colorado, at a point 2474 feet from the South section line and 805 feet from the West section line, said Section 19. 2.2.2. Appropriation Date. December 22, 2008. 2.2.3. Amount. 2500 g.p.m., conditional. 2.2.4. Source. Groundwater tributary to the South Platte River. 2.2.5. Use. Recharge for use in the plan for augmentation decreed in this decree and in the 03Decree for augmentation of water rights used for irrigation, municipal, commercial, livestock, fire protection, wildlife and also for wildlife habitat, wildlife water and any other beneficial uses consistent with the intended purposes of creating additional habitat for wildlife and waterfowl at the DRRP. 3. Name of Structure. SIC B1 Well 19533-F (LWU ID R-16) (WDID 645558). (a/k/a LWU ID 418 when used for irrigation and LWU ID A-51 when used for augmentation). 3.1. Previous Decree. Logan Well Users, Inc. 03CW195 at ¶30.31, February 21, 2006. 3.2. Owner. Sterling Irrigation Company, P.O. Box 1825, Sterling, CO 80751. 3.3. Location. In the SE1/4 SE1/4 Section 7, Township 7 North, Range 52 West of the 6th P.M., Logan County, Colorado, at a point 1000 feet from the South section line and 1000 feet from the East section line, said Section 7. 2.4. Appropriation. September 25, 2009. 3.5. Amount. 2240 g.p.m., conditional. 3.6. Source. Groundwater tributary to the South Platte River. 3.7. Use. Recharge for augmentation use in this decree and in the plan for augmentation decreed in Case No. 03CW195 of water rights used for irrigation, municipal, commercial, livestock and fire protection. 4. Outline of What Has Been Done Toward Completion. 4.1. The Diligence period for the conditional rights is April 16, 2011 to April 30, 2017. 4.2. During the diligence period well permits were issued and wells drilled as indicated in ¶1. 4.3. During the diligence period Logan made annual projections under the decree terms, operated the augmentation plans set out in the Decree and in Case No. 03CW195, recharged water rights and provided the required accounting. All Member Wells were allowed to operate under the augmentation plans if the owners desired to divert groundwater for decreed uses. 4.4. During the diligence period on October 18, 2012 a recharge pond was added by Notice to the Little Creek Ranch Recharge Project. 4.5. During the diligence period Logan obtained a decree in Case No. 13CW3162 adding wells to the plan for augmentation decreed in Case No. 03CW195 and 07CW300 and changing water rights. 4.6. During the diligence period Logan filed an Application in Case No. 16CW3187 to adjudicate water rights and add wells to the plan for augmentation decreed in Case No. 03CW195 and 07CW300 and also filed a Substitute Water Supply Plan application with the State Engineer. 4.7. During the diligence period Logan filed an Application in Case No. 17CW3045 to adjudicate water rights and add wells to the plan for augmentation decreed in Case No. 03CW195 and 07CW300 and also filed a Substitute Water Supply Plan application with the State Engineer. 4.8. During the diligence period Logan filed a statement of opposition in and participated in Case No. 11CW292, In the Matter of the Rules Governing Measurement of Tributary Ground Water, in the South Platte River Basin in Colorado. 4.9. During the diligence period Logan has expended funds to install monitoring wells, for certification of well meters, for reading of well meters, maintenance of recharge ponds, accounting, engineering and legal services, which total more than $316,225.00. 5. Claims to Make Absolute and for Finding of Reasonable Diligence Pursuant to §37-92-304 C.R.S. Applicant’s consultant Spronk Water Engineers, Inc., reviewed the State Engineer Diversion Records and Applicant’s records to determine the diversions made pursuant the conditional water rights described above. Applicant claims the following amounts of each water right should be decreed absolute. The conditional water rights amounts not made absolute set out in ¶¶1-3 should remain conditional. 5.1. Ramey Well-Permit No. 68167-F (LWU ID 423). 6.4 g.p.m was diverted on August 12, 2016 and should be made absolute. 5.2. Fritzler Well-Permit No. 74959-F (LWU ID 424). 293.5 g.p.m was diverted in August 2016 and should be made absolute. 5.3. McAtee Riverside Pit-Permit No. 66811-F (LWU ID 429). 102.5 acre feet was diverted in 2016 and should be made absolute. 5.4. Smart Brothers Well-Permit No. 75236-F (LWU ID 441). 1.20 c.f.s. was diverted on July 21, 2015 and should be made absolute. 5.5. Rosie’s LLC Well No. 6-Permit No. 75037-F (LWU ID 447). 1.78 c.f.s. was diverted on June 24, 2015 and should be made absolute. 5.6. Rosie’s LLC Well No. 8-Permit No. 75038-F (LWU ID 448). 1.76 c.f.s. was diverted in July 2011 and should be made absolute. 5.7. Rosie’s LLC Well No. 11-Permit No. 75039-F (LWU ID 449). 1.67 c.f.s. was diverted on June 24, 2015 and should be made absolute. 5.8. Rosie’s LLC Well No. 12-Permit No. 75040-

 

9  

F (LWU ID 450). 0.93 c.f.s. was diverted in July 2011 and should be made absolute. 5.9. Janice Lebsock Well-Permit No. 75041-F (LWU ID 451). 2.94 c.f.s. was diverted on June 3, 2016 and should be made absolute. 5.10 Guenzi Farms, Inc. Well No. 1-Permit No. 75028-F (LWU ID 452). 1.42 c.f.s. was diverted in August 2011 and should be made absolute. 5.11. Guenzi Farms, Inc. Well No. 2-Permit No. 75029-F (LWU ID 453). 2.13 c.f.s. was diverted in August 2011 and should be made absolute. 5.12. Guenzi Farms, Inc. Well No. 3-Permit No. 75030-F (LWU ID 454). 2.23 c.f.s. was diverted in July 29, 2013 and should be made absolute. 5.13. Alan Harryman Well-Permit No. 75031-F (LWU ID 455). 1.91 c.f.s. was diverted in August 2011 and should be made absolute. 5.14. Mark Kross Well-Permit No. 75907-F (LWU ID 456). 1.21 c.f.s. was diverted on September 2, 2015 and should be made absolute. 5.15. Perry Pomeroy III Well 9463-FR-Permit No. 75960-F (LWU ID 457). 0.97 c.f.s. was diverted in August 2011 and should be made absolute. 6. The water rights set out in the Decree are part of an integrated system. Applicant's water rights and recharge system and each of the water rights and structures which will provide augmentation, substitution, replacement and exchange supplies under this decree collectively comprise an integrated system of water rights and structures under §37-92-301(4)(b) C.R.S. Work performed and effort or costs expended by Applicants on any water rights or structures which are part of its integrated water system should be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the system as provided in §37-92-301(4)(b), C.R.S. 7. Applicants request the Court find that the water rights have been made absolute as described in ¶5 and that Applicant has been diligent in the development of the conditional water rights not made absolute herein, which are part of Applicant’s integrated system. CHANGES OF WATER RIGHTS TO CORRECT DECREE ERRORS 8. Name of Structure. Lingreen Well-Permit No. 80631-F (LWU ID 430) (WDID 6406702). 8.1. The appropriations for this well are set out in ¶1.4. The well was first decreed in Logan Well Users, Inc., Case No. 03CW195 at ¶30.13, on February 21, 2006 with an appropriation date of February 28, 2003 for augmentation use. The appropriation in the Decree is for irrigation use. 8.2. Permit No. 80632-F was issued for the well on February 23, 2017 for the decreed uses. The well has never been used for augmentation or irrigation. 8.3. The decreed location for the well in both decrees is in the NW1/4 SE1/4 of Section 36, Township 7 North, Range 53 West of the 6th P.M., Logan County, Colorado, 2040 feet from the South section line and 1630 feet from the East section line which is incorrect. The location of the well should be 2040 feet from the South section line and 2,630 feet from the East section line the NW1/4 SE1/4 of Section 36, Township 7 North, Range 53 West of the 6th P.M., Logan County, Colorado. 8.4. Applicant seeks to correct the location of the well. In addition the corrected location requires the correction of the AWAS parameters to X = 5,960 feet, W = 11,620 feet and Harmonic T = 311,500 gpd/ft. 9. Name of Structure. Logan County Industrial Site Well No. 3 (LWU ID 438) (WDID 6406870). The appropriation for this well is set out in ¶1.9. The well has not been permitted or drilled. The amount decreed was 0.0267 c.f.s., conditional. Applicant seeks to correct and change the amount to 0.267 c.f.s., which is the same flow rate decreed to Logan County Industrial Site Well No. 1 and 2 in ¶1.7 and ¶1.8 above. 17CW3063 CASTLE PINES METROPOLITAN DISTRICT, 5880 Country Club Drive, Castle Rock, CO 80108; (303) 688-8330; c/o Jeff Coufal, District Manager. Please send all pleadings and correspondence to: Scott A. Clark and Morgan L. Figuers, Burns, Figa & Will, P.C.; 6400 South Fiddler’s Green Circle, Suite 1000, Greenwood Village, CO 80111; (303) 796-2626. APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES IN THE DENVER, ARAPAHOE, AND LARAMIE-FOX HILLS AQUIFERS, APPROVAL OF WELL FIELD OPERATION, AND PLAN FOR AUGMENTATION IN THE DENVER AQUIFER. IN DOUGLAS COUNTY, COLORADO. 2. Purpose of Application and Subject Property: Castle Pines Metropolitan District (“CPMD”) CPMD is a special district located in Douglas County, Colorado. CPMD seeks to adjudicate the Denver Basin groundwater in the Denver, Arapahoe, and Laramie-Fox Hills aquifers underlying 9.98 acres, more or less, in Douglas County, Colorado, located in the E1/2 of Section 8, T7S, R67W, of the 6th P.M., as generally shown on Figure 1 (“Subject Property”). The Subject Property is the 9.98-acre, western-most portion of an 11.556-acre tract known as the Kimball Subdivision.

 

10  

The Subject Property is more particularly described in Exhibit A and is within CPMD’s service area. CPMD also requests that the Denver, Arapahoe, and Laramie-Fox Hills aquifer groundwater under the Subject Property be added to its existing well fields for those aquifers. Finally, CPMD seeks approval of a plan for augmentation for the not nontributary Denver aquifer groundwater under the Subject Property. 3. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to C.R.S. §§ 37-92-302(2) and 37-90-137(6). Underground Water Rights. 4. Ownership of Subject Property: CPMD obtained consent to withdraw all of the groundwater under the Subject Property pursuant to deed and agreement. The groundwater under the Subject Property was conveyed to CPMD by two Special Warranty Deeds, both dated January 15, 2009, both recorded in Douglas County on December 11, 2015, at reception numbers 2009093407 and 2009093408. Copies of the Special Warranty Deeds are attached as Exhibit B. The overlying land is within the water service area of CPMD. C.R.S. § 37-90-137(4)(b.5)(III). A map showing CPMD’s current service area is attached as Figure 2. 5. Source of Water: Groundwater under the Subject Property in the Denver aquifers is not nontributary (“NNT”), as defined in C.R.S. § 37-90-103(10.7). Groundwater under the Subject Property in the Arapahoe and Laramie-Fox Hills aquifers is nontributary (“NT”), as defined in C.R.S. § 37-90-103(10.5). The Subject Property is located outside any designated basin. 6. Estimated Average Amounts of Groundwater Available: CPMD claims the right to withdraw all of the groundwater legally available within the Denver, Arapahoe, and Laramie-Fox Hills aquifers underlying the Subject Property. 6.1 CPMD estimates the following annual amounts are available, as shown in Table 1:

Table 1

Aquifer Acreage

Average Saturated Thickness

(Feet)

Specific Yield

Annual Average

Withdrawal (Af/yr)

SEO Status

Denver 9.98 363.4 17% 6.17 NNT

Arapahoe 9.98 347.4 17% 5.89 NT

Laramie-Fox Hills 9.98 164.9 15% 2.47 NT

6.2. CPMD may revise these estimates upward or downward, based on better or revised data, without amending this application or republishing the same. CPMD requests that the Court retain jurisdiction to finally determine the amount of water available for appropriation and withdrawal from each aquifer, pursuant to C.R.S. § 37-92-305(11). 6.3. CPMD claims the right to withdraw more than the average annual amounts estimated above. The allowed average annual amount of withdrawal shall be based on an aquifer life of 100 years in accordance with Section 37-90-137(4)(b)(I), C.R.S. The allowed average annual amount of withdrawal for all of the wells on the overlying land shall not exceed one percent of the total amount of water, exclusive of artificial recharge, recoverable from a specific aquifer beneath the overlying land. However, the allowed annual amount of withdrawal may exceed the allowed average annual amount of withdrawal as long as the total volume of water withdrawn from the well or wells does not exceed the product of the number of years since the date or dates of issuance of the well permit or permits or the date or dates of determination or determinations of right to ground water by the water court, whichever comes first, times the allowed average annual amount of withdrawal. 7. Proposed Use: The water will be used as supply for CPMD’s water system and service area, but CPMD may serve others outside its boundaries pursuant to contract or its rules and regulations. The water may be used, reused, successively used to extinction, leased, sold, or otherwise disposed of for domestic, agricultural, industrial, municipal, commercial, irrigation, augmentation, stock watering, recreation, fish and wildlife, fire protection uses, replacement, exchange, storage, and all other beneficial uses on or off the Subject Property. Such water may immediately be applied to beneficial use; placed into storage for subsequent beneficial use or released and re-diverted to storage; may be injected into the Denver Basin aquifers for storage and withdrawn for any other allowed use including recapture, reuse, and successive reuse;

 

11  

exchanged for subsequent beneficial use; used for augmentation and replacement purposes; and may be used and reused to extinction. 8. Wells: CPMD has not filed any applications for well permits for wells on the Subject Property with the State Engineer’s office. Initially, the wells described in or previously permitted under the decrees in CPMD’s existing well fields for the not nontributary Denver aquifer, in Case No. 84CW60 (Water Div. 1); nontributary Arapahoe aquifer, in Case Nos. 85CW470 and 84CW61 (Water Div. 1); and nontributary Laramie-Fox Hills aquifer, in Case Nos. 85CW471 and 84CW62 (Water Div. 1), will be sufficient to withdraw all of the groundwater in each well field including the groundwater under the Subject Property. 8.1. If wells are required on the Subject Property, application will be made pursuant to the provisions of the decree to be entered pursuant to this application. Well permits will be applied for prior to construction of any wells on the Subject Property. CPMD claims a right to locate wells to withdraw groundwater from these aquifers anywhere on the Subject Property. C.R.S. § 37-90-137(4). CPMD requests that the Court require that well permits be issued upon application for any such wells in accordance with any decree entered in this case. CPMD requests the right to withdraw groundwater at rates of flow necessary to withdraw the entire decreed amounts. The actual depth of each well to be constructed within the respective aquifers will be determined by topography and actual aquifer conditions. 8.2. CPMD owns, or has the rights to use, all well sites considered necessary at this time to withdraw the groundwater decreed herein. 9. Aquifer Storage and Withdrawal: The points of aquifer injection and withdrawal for the water rights sought herein will be any well drilled pursuant to a decree confirming the water rights sought herein, any well referenced in paragraph 7.b. of the decree entered in Case No. 04CW153, Water Division 1, and any well referenced in paragraph 6 of the decree entered in Case No. 02CW297, Water Division 1. The associated Denver Basin aquifers will be the locations of storage by artificial recharge in accordance with applicable state and federal regulations. Well Field Operation. 10. Well Field Operation: CPMD requests that the groundwater in the Denver, Arapahoe, and Laramie-Fox Hills aquifers underlying the Subject Property be added to CPMD’s existing well fields, which were adjudicated in Case No. 84CW60 (Water Div. 1) for the not nontributary Denver aquifer, Case Nos. 85CW470 and 84CW61 (Water Div. 1) for the nontributary Arapahoe aquifer, and Case Nos. 85CW471 and 84CW62 (Water Div. 1) for the nontributary Laramie-Fox Hills aquifer. 10.1. CPMD requests judicial approval of well field operation under which all of its rights to groundwater from the Denver, Arapahoe, and Laramie-Fox Hills aquifers, or portions of those aquifers, of the Denver Basin as described herein, can be withdrawn from a minimum number of suitably located wells with maximum flexibility as to pumping rates of such wells. All wells in a given aquifer will be referred to herein as a “well field.” The term “well field” shall include all of the rights and operational flexibility which can be attained by judicial approval for all the wells in a well field to be alternate points of diversion for each other. 10.2. The groundwater underlying the Subject Property shall be added to the corresponding well fields described in the CPMD’s well field decrees in Case No. 84CW60 (Water Div. 1) for the not nontributary Denver aquifer, Case Nos. 85CW470 and 84CW61 (Water Div. 1) for the nontributary Arapahoe aquifer, and Case Nos. 85CW471 and 84CW62 (Water Div. 1) for the nontributary Laramie-Fox Hills aquifer, subject to the terms and conditions in those decrees and this decree. In addition, any additional or supplemental wells as are constructed pursuant to the provisions of the decrees listed in this paragraph or of the decree entered pursuant to the present application, to maintain production of and to recover the amount of groundwater to which CPMD is entitled from each aquifer, shall be included among the wells in the corresponding well field(s). 10.3. The Denver aquifer groundwater rights under the Subject Property are physically contiguous to the well field decreed in Case No. 84CW60. CPMD seeks to withdraw up to the total amount of the Denver aquifer groundwater under the Subject Property from the well field described in Case Nos. 84CW60, and related cases 98CW468 and 03CW446 (Water Div. 1). 10.4. The Arapahoe aquifer groundwater rights under the Subject Property are physically contiguous to the Arapahoe aquifer well field decreed in Case Nos. 84CW61. The Arapahoe aquifer groundwater rights under the Subject Property also satisfy Rule 11.B. of the Statewide Nontributary Ground Water Rules (2 CCR 402-7) for the well field decreed in Case No. 85CW470, and the cylinders of appropriation are shown on Figure 3 attached. CPMD seeks to withdraw up to the total amount of the Arapahoe aquifer groundwater under the Subject Property from either or both of the well fields described

 

12  

in Case Nos. 85CW470 and 84CW61. (Rule 11.B. reads as follows: “If the applicant has identified non-contiguous parcels of overlying land, he may withdraw the total allowed annual amount of withdrawal from one or more wells, provided that the well or wells are located so that the cylinder or cylinders of appropriation for at least one of the well or wells overlap, at least in part, each of the non-contiguous parcels. In determining the cylinder of appropriation, the acreage from the non-contiguous parcels shall be included in the calculation.”) 10.5. The Laramie-Fox Hills aquifer groundwater rights under the Subject Property are physically contiguous to the well field decreed in Case No. 84CW62. The Laramie-Fox Hills aquifer groundwater rights under the Subject Property also satisfy Rule 11.B. of the Statewide Nontributary Ground Water Rules for the well field decreed in Case No. 85CW470, and the cylinders of appropriation are shown on Figure 3, attached. CPMD seeks to withdraw up to the total amount of the Laramie-Fox Hills aquifer groundwater under the Subject Property from either or both of the well fields described in Case Nos. 85CW471 and 84CW62. 10.6. Each well in each of the above described well fields, including additional wells, shall be designated as an alternate point of diversion for all of the other wells in that well field. 10.7. Banking: CPMD requests the right to withdraw an amount of water in excess of the decreed allowed average annual amount of withdrawal for each well field, as long as the total amount of water withdrawn from each well field does not exceed the product of the number of years since the date of issuance of the original permit or the original decree for each water right described herein, whichever is first, times the decreed allowed average annual amount of withdrawal. 10.8. Pumping Rates: CPMD may withdraw the total annual average amount of water provided herein for each well field from any combination of the wells in that well field. The pumping rates for each well in that well field may exceed the nominal pumping rates set forth herein or in any decree above, to the extent necessary to withdraw the full allocation of water from that well field. The pumping rates for each existing well range from 100-1,000 gpm. 11. Amounts of Water Added to Well Fields: The average annual amounts of water which may be withdrawn from the Denver, Arapahoe, and Laramie-Fox Hills aquifers under the requested additions to the well fields are as described in Table 1, above. The following Table 2 summarizes the average annual amounts to be added to CPMD’s well fields pursuant to this Application, and the resulting maximum total average annual amounts in each well field.

Table 2

Aquifer Previous Amounts Decreed

to Well Field (Af/yr)

Annual Average Withdrawal Added in

this Case (Af/yr)

Maximum Total (Af/yr)

Denver (NNT) 1,462 (84CW60 Decree) 6.17 1468.17

Arapahoe (NT) 1,771 (85CW470 Decree)

5.89 1,776.89

1,724 (84CW61 Decree) 1,729.89

Laramie-Fox Hills (NT) 604 (85CW471 Decree)

2.47 606.47

696 (84CW62 Decree) 698.47

Plan for Augmentation. 12. Statement of Plan for Augmentation: CPMD will withdraw the 6.17 af of not nontributary Denver aquifer groundwater for the uses described in paragraph 0, above. CPMD seeks to integrate this water into its municipal system and replace depletions consistent with its other decreed plans for augmentation. CPMD estimates that depletions will affect the Plum Creek stream system. During pumping, CPMD will replace an amount of water which is equal to 4% of withdrawals, pursuant to C.R.S. § 37-90-137(9)(c.5)(I)(C), using water sources described in paragraph 0 below. To replace post-pumping depletions, CPMD will use water sources described in paragraph 0 below. 13. Water rights to be augmented: The 6.17 af/year of not nontributary Denver Basin aquifer groundwater adjudicated in this

 

13  

case. The water rights will be withdrawn through the following decreed well locations, which were adjudicated in Case No. 84CW60, and are shown on Figure 4: 13.1. Well No. DEN-1: Location: NE1/4, NE1/4, Section 8, Township 7 South, Range 67 West, 6th P.M., 120 feet from the North Section Line, 570 Feet from the East Section Line, Douglas County, Colorado; Pumping Rate: 250 g.p.m., UTM coordinates: UTM y = 4368274.1, UTM x = 508145. (All of the UTM coordinates in this Application were obtained from the HydroBase database found at http://cdss.state.co.us/OnlineTools/Pages/StructuresDiversions.aspx. The UTM coordinates are included at the request of the Division Engineer to facilitate administration. In the event that any UTM coordinates are inaccurate, it shall not affect the rights sought through this Application.) 13.2. Well No. DEN-3: Permit No. 59079 (Exhibit C); Location: NE1/4, SW1/4, Section 9, Township 7 South, Range 67 West, 6th P.M., 2,050 feet from the South Section Line, 2,150 Feet from the West Section Line, Douglas County, Colorado; Pumping Rate: 250 g.p.m.; UTM coordinates: UTM y = 4367309.1, UTM x = 508814.9. 14. Water rights to be used for augmentation: Return flows associated with use and direct discharge of the groundwater adjudicated in this case into the affected stream system; return flows to East Plum Creek from irrigation on the Subject Property and within CPMD’s service area as described in Case No. 85CW479; treated effluent released from the Plum Creek Regional Wastewater Treatment Plant; direct discharge from CPMD’s water rights for the Upper Dawson aquifer (Case Nos. 85CW467 and 85CW466), Lower Dawson aquifer (Case Nos. 79CW270, 85CW468, 80CW370, W-7726-74, 80CW54, 84CW59), Denver aquifer (Case Nos. W-8452-76, 85CW469, 80CW371, W-7726-74, 84CW60), Arapahoe aquifer (Case Nos. 85CW470 and 84CW61), and Laramie-Fox Hills aquifer (Case Nos. 84CW62), all Water Div. 1; and any other legally available supply that is in sufficient quantity, quality, time, and place to replace depletions. Discharges may be made from: 14.1. Plum Creek Regional Wastewater Treatment Plant at the outfall location in the SW1/4 SW1/4, Section 21, Township 7 South, Range 67 West, 6th P.M., or any location where the discharge may be located in the future. 14.2. Direct discharge from decreed wells to East Plum Creek at or upstream of Section 19, Township 7 South, Range 67 West of the 6th P.M. 15. Return flows: CPMD retains the legal right to and dominion and control over its return flows. Return flows from inhouse use and commercial use accrue to East Plum Creek via the Plum Creek Regional Wastewater Treatment Plant. CPMD estimates that 97% of the water used for inhouse and commercial uses returns to the stream system via the Plum Creek Regional Wastewater Treatment Plant. CPMD estimates that it may be entitled to up to 14% of return flows to East Plum Creek from outdoor use of the water, including irrigation of residential units and commercial operations and irrigation of golf courses. CPMD reserves the right to amend these amounts based on better engineering which might become available in the future without republishing this application. 16. Replacement of Depletions During Pumping: During pumping, CPMD will replace an amount of water which is equal to 4% of withdrawals, pursuant to C.R.S. § 37-90-137(9)(c.5)(I)(C), using water sources described in paragraph 0. 17. Replacement of Post pumping Depletions: CPMD will reserve an adequate amount of Laramie-Fox Hills aquifer groundwater adjudicated in this case or in Case Nos. 84CW62 or 85CW271, or Arapahoe aquifer groundwater adjudicated in this case or in Case Nos. 85CW470 and 84CW61, or use other legally-available sources upon approval of the Court at that time, but reserves the right to claim and demonstrate that the impact of post-pumping depletions are wholly de minimis and non-injurious and need not be replaced under the law. C.R.S. § 37-90-137(9). 18. Administration of Plan for Augmentation: CPMD or any successor in interest shall install and maintain such measuring devices and maintain such accounting forms as necessary to demonstrate the adequacy of CPMD’s augmentation efforts as a minimum requirement for administration of its augmentation obligations hereunder. CPMD shall make reports to the Division Engineer as required. 19. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure or modification to any existing diversion or storage structure is or will be constructed, or upon which water will be stored: Castle Pines North Metropolitan District, 7404 Yorkshire Drive, Castle Pines, CO 80108. Records: CPMD will maintain such records and make such measurements of water as may be reasonably required by the Division Engineer. Number of pages in Application: 11.

 

14  

17CW3064 NORWOOD GARDENS, LLC, P.O. Box 4116, Boulder, Colorado 80306-4116, (303) 447-3888 through her attorney, Clark G. Edwards, Hutchinson Black and Cook, LLC, 921 Walnut Street, Suite 200, Boulder, CO 80302, (303) 442-6514. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN BOULDER COUNTY. 2. Name of structure: Curtis North Well No.98108 3.Description of Conditional Water Right. A. Original decree: Case No.: W9203-78 entered 1981 by the District Court in and for Water Division No. 1. B. Subsequent decrees: 1983CW190, 1987CW146, 1995CW63, 2001CW196, 2010CW131. C. Legal description: Curtis North Well No. 98108 is located in the SE1/4SE1/4 Section 18, Township 1 North, Range 70 West of the 6th P.M., Boulder County, at a point approximately 160 feet north of the South line and approximately 815 feet west of the East line of said Section 18. The property is located at 2350 Norwood Drive, Boulder, Colorado. D. Source: groundwater tributary to Boulder Creek. E. Appropriation date: July 1, 1955 F. Amount: 0.044cfs G. Uses: Domestic in a single family dwelling, and irrigation of one acre of laws and gardens. ABSOLUTE, Domestic in an additional single family dwelling, CONDITION 4. Description of actions taken toward completion of appropriation: Since the Court’s entry of the decree in Case No. 2010CW131 on April 11, 2011, Applicant has continued work necessary to construct a second dwelling on the property. Specifically, Applicant has engaged in discussions and negotiations with the City of Boulder regarding zoning requirements, consulted with engineers regarding construction of and improvements to second dwelling on property, paid for annexation fees and surveys, constructed improvements to the additional dwelling, and has obtained financing for construction of project. Applicant has expended $102,881.22 toward construction of a second dwelling on the property and connection of such dwelling to the Curtis North Well No. 98108. (6 pages)

17CW3065 Shelton Land & Cattle, LTD, 23043 WCR 42, LaSalle, CO 80645, (970) 284-7784. Please send all future correspondence and pleadings to: Ryan Donovan, Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Ste. 1, Johnstown, CO 80534. Application for Conditional Underground Water Rights, in WELD COUNTY. CLAIM FOR NEW CONDITIONAL UNDERGROUND WATER RIGHTS. 2. Description of New Water Rights. 2.1. Name: Weixelman Well No. 1 2.1 Legal Description of Point of Diversion: Southwest 1/4 of the Northeast 1/4 of Section 26, Township 4 North, Range 65 West of the 6th P.M. in Weld County, at a point 2650 feet North and 2650 feet East of the Southwest Corner of said Section 26. 2.1.1. Source: Groundwater tributary to the South Platte River. 2.1.3. Appropriation Date: April 26, 2017. 2.1.4. How Appropriation was Initiated: Formation of intent to appropriate water for beneficial uses; filing of this Application. 2.1.5. Amount Claimed: 2.22 c.f.s., 175 acre-feet, conditional. 2.1.6. Date Water First Applied to Beneficial Use: Not applicable, conditional water right. 2.1.7. Uses: Industrial, commercial stock watering, and dust suppression. 2.1.8. Remarks: Weixelman Well No. 1 was decreed in Case No. W-6177 for irrigation of 140 acres in the Northeast 1/4 of Section 26, Township 4 North, Range 65 West of the 6th P.M. in Weld County. By this Application, Applicant seeks a decree to include industrial, commercial stock watering, and dust suppression uses to Weixelman Well No. 1, while retaining the right to irrigate from Weixelman Well No. 1. Weixelman Well No. 1 is currently permitted under permit number 015776- F and Applicant will take the necessary steps to have Weixelman Well No. 1 permitted to allow the uses claimed in this Application. Out-of-priority depletions caused by diversions of Weixelman Well No. 1 for irrigation uses are augmented by the Groundwater Management Subdistrict of the Central Colorado Water Conservancy District (“GMS”). The out-of-priority depletions caused by diversions of Weixelman Well No. 1 for the uses claimed in this Application will also be augmented by GMS under Applicant’s existing allocation. To accomplish this, Applicant will reduce its diversions from Weixelman Well No. 1 for irrigation use in proportion to the diversions from said well for the uses claimed in this Application. Weixelman Well No. 1 will be equipped with two flow meters, one to measure diversions for irrigation and another to measure diversions for the uses claimed in this Application. 2.2. Name: Arens Well No. 1. 2.2.1. Legal Description of Point of Diversion: Southwest 1/4 of the Northeast 1/4 of Section 23, Township 4 North, Range 65 West of the 6th P.M. in Weld

 

15  

County, at a point 2610 feet from the North section line and 1645 feet from the East section line. 2.2.2. Source: Groundwater tributary to the South Platte River. 2.2.3. Appropriation Date: April 26, 2017. 2.2.4. How Appropriation was Initiated: Formation of intent to appropriate water for beneficial uses; filing of this Application. 2.2.5. Amount Claimed: 2.67 c.f.s., 175 acre-feet, conditional. 2.2.6. Date Water First Applied to Beneficial Use: Not applicable, conditional water right. 2.2.7. Uses: Industrial, commercial stock watering, and dust suppression. 2.2.8. Remarks: Arens Well No. 1 was decreed in Case No. W-3303 for irrigation of 320 acres in the East 1/2 of Section 23, Township 4 North, Range 65 West of the 6th P.M. in Weld County. By this Application, Applicant seeks a decree to include industrial, commercial, and stock watering uses to Arens Well No. 1. Arens Well No. 1 is currently permitted under permit number 12044-R-R and Applicant will take the necessary steps to have Arens Well No. 1 permitted to allow the uses claimed in this Application. Out-of-priority depletions caused by diversions of the Arens Well No. 1 for irrigation uses are augmented by GMS. The out-of-priority depletions caused by diversions of Arens Well No. 1 for the uses claimed in this Application will also be augmented by GMS under Applicant’s existing allocation. To accomplish this, Applicant will reduce its diversions from Arens Well No. 1 for irrigation use in proportion to the diversions from said well for the uses claimed in this Application. Arens Well No. 1 will be equipped with two flow meters, one to measure diversions for irrigation and another to measure diversions for the uses claimed in this Application. 3. Name and Address of Owners of Structures. Applicant owns the structures and the land upon which the structures are located. 4 pages, no exhibits.  17CW3066 Ron E. Heck and Ann Heck, P. O. Box 475, Lake George, Colorado 80827, North Fork Associates, LLC, 2686 South Yukon Court, Lakewood, Colorado 80227 and Mountain Mutual Reservoir Company, 6949 Highway 73, Suite 15, Evergreen, Colorado 80439. (c/o David C. Lindholm, Esq., P. O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR, UNDERGROUND WATER RIGHTS, WATER STORAGE RIGHT, APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT. IN PARK COUNTY. APPLICATION FOR UNDERGROUND WATER RIGHTS: 1. Names of Wells and Permit, Registration or Denial Numbers: M Lazy C Ranch Well No. 1, (Permit No. 172097), M Lazy C Ranch Well No. 2, (Permit No. 68131), M Lazy C Ranch Well No. 3, (Permit No. 227009) and M Lazy C Ranch Well No. 4, (Unregistered). 2. Legal Descriptions of the Wells: M Lazy C Ranch Well No. 1 is located in the NE1/4 SW1/4 of Section 2, Township 12 South, Range 72 West, 6th P.M., Park County, at a point approximately 2,500 feet from the South Section line and 1,890 feet from the West Section line of said Section 2. M Lazy C Ranch Well No. 2 is located in the SE1/4 NW1/4 of Section 2, Township 12 South, Range 72 West, 6th P.M., Park County, at a point approximately 1,336 feet from the South Section line and 1,400 feet from the West Section line of said Section 2. M Lazy C Ranch Well No. 3 is located in the SE1/4 SW1/4 of Section 2, Township 12 South, Range 72 West, 6th P.M., Park County, at a point approximately 390 feet from the South Section line and 2,140 feet from the West Section line of said Section 2. M Lazy C Ranch Well No. 4 is located in the SE 1/4 SW1/4 of Section 2, Township 12 South, Range 72 West, 6th P.M., Park County, at a point approximately 360 feet from the South Section line and 2,200 feet from the West Section line of said Section 2. The address of the property upon which all of the wells are located is 801 County Road 453, Lake George, Colorado 80827. 3.A. Source of Water: Ground water that is tributary to Tappan Gulch and the South Platte River. 3.B. Depth of Wells: M Lazy C Ranch Well No. 1: 380 feet. M Lazy C Ranch Well No. 2: 265 feet. M Lazy C Ranch Well No. 3: 50 feet. M Lazy C Ranch Well No. 4: Estimated to be no more than 50 feet. 4.A. Dates of Appropriation: M Lazy C Ranch Well No. 1: June 29, 1993. M Lazy C Ranch Well No. 2: March 6, 1973. M Lazy C Ranch Well No. 3: June 30, 1914. M Lazy C Ranch Well No. 4: June 30, 1914. 4.B. How Appropriation was Initiated: Construction of the well, or by submittal of a well permit application to the Colorado Division of Water Resources, followed by the issuance of a well permit by the State Engineer and construction of the well. 4.C. Dates Water Applied to Beneficial Use: M Lazy C Ranch Well No. 1: May 14, 1997. M Lazy C Ranch Well No. 2: April 26, 1973. M Lazy C Ranch Well No. 3: June 30, 1914. M Lazy C Ranch Well No. 4: June 30, 1914. 5. Amount Claimed: M Lazy C Ranch Well No. 1: 0.8 of a gallon per minute, Absolute. M

 

16  

Lazy C Ranch Well No. 2: 2.0 gallons per minute, Absolute. M Lazy C Ranch Well No. 3: 7.0 gallons per minute, Absolute. M Lazy C Ranch Well No. 4: 5.0 gallons per minute, Absolute. 6. Uses: M Lazy C Ranch Well No. 1: Domestic, stock watering and fire protection. M Lazy C Ranch Well No. 2: Domestic, stock watering and fire protection. M Lazy C Ranch Well No. 3: Domestic, stock watering, irrigation and fire protection. M Lazy C Ranch Well No. 4: Domestic, stock watering, irrigation and fire protection. 7. Names and Address of Owners of Land on which the Wells are Located: Brenda S. Myers and Randy J. Myers, P. O. Box 461, Lake George, Colorado 80827. 8. Remarks: The Permits for the M Lazy C Ranch Well Nos. 1, 2 and 3 were originally issued pursuant to C.R.S. §37-92-602. Copies of the Permits are attached as Exhibits “B,” “C” and “D.” Upon approval of the plan for augmentation being requested, new well permit applications for the wells will be submitted to the State Engineer, along with a request that Permit Nos. 172097, 68131 and 227009 be canceled. APPLICATION FOR WATER STORAGE RIGHT: 1. Name of Reservoir: M Lazy C Ranch Pond. 2. Legal Description of Location of Dam: The center of the dam embankment is located in the SE1/4 SW1/4 of Section 2, Township 12 South, Range 72 West, 6th P.M., Park County, at a point that is approximately 350 feet from the South section line and 2,550 feet from the West section line of said Section 2. This is an on-stream reservoir. 3. Source: An Unnamed Tributary of Tappan Gulch. 4.A. Date of Appropriation: June 30, 1950. 4.B. How Appropriation was Initiated: By construction of the Pond. 4.C. Date Water Applied to Beneficial Use: Summer of 1950. 5. Amount Claimed: 1.0 acre foot, Absolute. 6. Uses: Livestock watering, recreation, piscatorial, wildlife propagation and fire protection purposes. 7. Surface Area of High Water Line: 0.14 of an acre. 7.A. Maximum Height of Dam: 7.0 feet. 7.B. Length of Dam: 110 feet. 8. Total Capacity of Reservoir: 1.0 acre foot. 8.A. Active Capacity: 0 acre feet. 8.B. Dead Storage: 1.0 acre foot. 9. Names and address of owners of land on which the dam is located and land within the high water line: Brenda S. Myers and Randy J. Myers, as described above. 10. Remarks or Other Pertinent Information: A map illustrating the location of the M Lazy C Ranch Pond is attached as Exhibit “A.” APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT: 1. Names of Structures to be Augmented: M Lazy C Ranch Well Nos. 1, 2, 3 and 4 and M Lazy C Ranch Pond. Four additional wells may be constructed under this augmentation plan if needed to fully satisfy the water requirements more particularly described herein. 2. Water Rights to be Used for Augmentation Purposes. a. Ron E. Heck and Ann Heck (“Hecks”), have entered into a contract with North Fork Associates, LLC to purchase 31.5 shares of the capital stock of the Mountain Mutual Reservoir Company, ("MMRC"). The 31.5 shares represent the right to receive 0.989 of an acre foot of augmentation water per year from the water rights and storage facilities MMRC holds for the benefit of its shareholders. b. MMRC owns 3.481 cubic feet per second (“cfs”), of the water rights decreed to the Guiraud Ditch, a/k/a Guiraud 3T Ditch (referred to herein as the "Guiraud 3T Ditch water right"), portions of which will be used to replace the out-of-priority depletions from the structures described herein. The Guiraud 3T Ditch water right was decreed a priority date of July 1, 1867, for 20 cfs in the original adjudication for former Water District No. 23. The historic point of diversion for the Guiraud Ditch was from the Middle Fork of the South Platte River in the NE1/4 of Section 8, Township 11 South, Range 76 West, 6th P.M., Park County. A decree authorizing a change of the point of diversion and place of use to the Guiraud 3T Ditch was entered on May 15, 1954, in Civil Action No. 3376, by the Park County District Court. Numerous subsequent change of water right and plan for augmentation proceedings have reduced the quantity of water left at the Guiraud 3T Ditch headgate to 0 cfs. Past decrees have confirmed that 276.28 acres of hay meadows were historically irrigated, which have now been removed from irrigation, that the consumptive use yield of the Guiraud 3T Ditch water right is 21.82 acre feet per cfs, and that the consumptive use yield can be used for augmentation, replacement and other beneficial uses without injury to other water rights. c. MMRC owns 7.72 acre feet of the storage capacity in the Lower Sacramento Creek Reservoir No. 1. A storage decree for the reservoir was entered in Case No. W-7741-74, on July 25, 1974, in the amount of 40 acre feet, for domestic, municipal, commercial, industrial, irrigation, fish and wildlife propagation, recreational and all other beneficial purposes, including exchange, to compensate for depletions in the South Platte River or its tributaries. Other consumptive use water rights owned by MMRC are also stored in the reservoir by exchange. The reservoir is located in the NE1/4

 

17  

NW1/4 of Section 32 and the SE1/4 SW1/4 of Section 29, Township 9 South, Range 77 West, 6th P.M., Park County. Releases from the Reservoir are made pursuant to the Decrees issued in Case Nos. 84CW250 and 85CW465. 3. Statement of Plan for Augmentation, Covering all Applicable Matters under C.R.S. §37-92-103(9), §302(1)(2) and §305(8): a. The Hecks currently operate the M Lazy C Guest Ranch pursuant to a lease between Bear Trail, LLC and Brenda S. Myers and Randy J. Myers. The Ranch is located in Section 2, Township 12 South, Range 72 West, 6th P.M., Park County. The property encompasses approximately 84 acres, and is depicted on the attached Exhibit "A." The Ranch consists of rustic cabins, recreational vehicle hook-ups, unimproved camp sites, a bathhouse, a central kitchen and dining hall, a stable, a hot tub and a small pond. b. Water for the Ranch is currently supplied from the M Lazy C Ranch Well Nos. 1, 2, 3 and 4. As described above, up to four additional wells may be constructed in the future if determined to be needed. Staff members and guests use water for typical sanitary and culinary purposes. An average of 60 horses are watered and three hundred square feet of gardens are irrigated. c. Projected water diversions at M Lazy C Ranch are not expected to exceed 4.33 acre feet per year and are based on the following factors. Water usage by in-house staff of 60 gallons per person per day. Water usage by guests staying in cabins of 40 gallons per person per day. Water usage at the recreational vehicle sites of between 20 and 40 gallons per day depending upon the amenities. Water usage by day guests of 10 gallons per person per day. Ten gallons of water per day per horse. An application rate for garden irrigation of 0.5 of an acre foot per acre. Maintenance of the water level in the hot tub of 4.46 gallons per day and an evaporation rate from the M Lazy C Ranch Pond of 20.42 inches. d. All water supplied to horses and used to maintain water levels in the hot tub and M Lazy C Ranch Pond is assumed to be consumed. Wastewater from water used inside buildings and recreational vehicles is treated utilizing non-evaporative septic systems with soil absorption leach fields and has a consumption factor of ten percent (10%). Consumption of gardens at this location is 0.4 of an acre foot per acre, using the SCS TR-21 modification to the Blaney Criddle consumptive use method with the Pochop elevation adjustment and the Evergreen turf adjustment, as outlined in a report prepared by Blatchley Associates, Inc., which is titled "Turf Irrigation in Mountainous Areas of Evergreen, Colorado." Return flows are to an unnamed tributary of Tappan Gulch. Maximum depletions from water usage at M Lazy C Ranch will not exceed 0.932 of an acre foot per year. The maximum instantaneous impact on the flow of water in Tappan Gulch and the South Platte River is approximately 0.9 of a gallon per minute. The monthly distribution of such depletions in acre feet is as follows:

Jan Feb March April May June July Aug Sept Oct Nov Dec Tot.

0.046 0.046 0.046 0.065 0.098 0.118 0.120 0.108 0.103 0.088 0.046 0.046 0.932

e. The required volume of augmentation water will be provided from the sources described in Paragraph No. 2, above. Due to the small volume of annual stream depletions projected to occur under this plan, instantaneous stream depletions during times when the Guiraud 3T Ditch water right is not in priority may be aggregated and replaced by one or more releases of water from storage of short duration. f. Whenever possible, depletions to the stream system which occur during the period May 1 through September 30, inclusive, will be continuously augmented by MMRC forgoing the diversion of a portion of its Guiraud 3T Ditch water right. During times when the Guiraud 3T Ditch water right is not in priority and during the non irrigation season, depletions will be augmented by releasing consumptive use water from the Lower Sacramento Creek Reservoir No. 1. Transportation charges from the point where water is released from MMRC's facilities to the stream system, to the confluence of Tappan Gulch and the South Platte River will be computed on the basis of 0.13 percent per mile. Transportation charges are projected to be approximately 0.057 of an acre foot. g. Since the point of depletion associated with water use under this plan for augmentation is on a side tributary of the South Platte River, the Applicants assert an appropriative right of substitute supply and exchange pursuant to C.R.S. §37-80-120 and §37-92-

 

18  

302(1)(a). Water available to MMRC will be carried in the Middle Fork of the South Platte River and the South Platte River to the confluence of the South Platte River and Tappan Gulch in the SW1/4 NE1/4 of Section 18, Township 12 South, Range 71 West, 6th P.M.; thence up Tappan Gulch to its confluence with an unnamed tributary of Tappan Gulch in the NW1/4 NE1/4 of Section 1, Township 12 South, Range 72 West, 6th P.M.; and thence up the unnamed tributary to the point of depletion in the SW1/4 SE1/4 of Section 2, Township 12 South, Range 72 West, 6th P.M. The exchange will operate to replace depletions to the flow of water in the unnamed tributary of Tappan Gulch, Tappan Gulch and the South Platte River as the depletions occur. The exchange may also be used to fill the M Lazy C Ranch Pond. The exchange will be administered with a priority date of April 28, 2017, at a maximum flow rate of 0.003 of a cubic foot per second. 4. Name(s) and Address(es) of Owners or Reputed Owner(s) of the Land upon which any new Diversion or Storage Structure, or Modification to any Existing Diversion or Storage Structure is or will be Constructed or upon which Water is or will be Stored, Including any Modification to the Existing Storage Pool: Brenda S. Myers and Randy J. Myers, as described above. WHEREFORE, Applicants request the entry of a decree approving this Application, specifically determining that the source and location of delivery of augmentation water are sufficient to eliminate material injury to vested water rights. The Hecks also request a determination that the diversion structures described herein can be operated without curtailment so long as out-of-priority stream depletions are replaced as proposed herein. The Hecks further request the entry of an Order directing the State Engineer to issue permits for the use or construction of the wells described herein. (9 pages and four exhibits). 17CW3067 THE HARMONY DITCH COMPANY, c/o John Monheiser, 30171 County Road 75, Crook, Colorado 80726. Please direct all correspondence and pleadings in this matter to: John D. Buchanan, Buchanan Sperling & Holleman PC, 1525 Spruce Street, Suite 200, Boulder, Colorado 80302, (303) 431-9141, jbuchanan@tbvs.net. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN LOGAN AND SEDGWICK COUNTIES. Name of structure: The Harmony Ditch. Describe conditional water rights: Name of Conditional Water Rights: Harmony Augmentation Water Right; Harmony Ditch Substitution and Exchange. Date of original Decree, Case No. and Court: Findings of Fact, Conclusions of Law, Judgment and Decree of the Court, in Case No. 2002CW363, entered by the Water Court, in and for Water Division No. 1 ("Water Court") on June 15, 2004, nunc pro tunc June 7, 2004 ("02CW363 Decree"). Subsequent decrees awarding findings of reasonable diligence (Case No. and date of decree): Findings of Fact, Conclusions of Law, Ruling of the Referee, Judgment and Decree of the Water Court, in Case No. 2010CW153, entered by the Water Court on April 20, 2011 ("10CW153 Decree"). Legal description: The Harmony Augmentation Water Right is diverted at the headgate of the Harmony Ditch, which is located in the SW corner of the SW 1/4 of Section 19, Township 10 North, Range 49 West of the 6th P.M., Logan County Colorado. See Exhibit A attached to the application. The Harmony Ditch Substitution and Exchange operates in the reach of the South Platte River consisting of an upstream point of the Harmony Ditch headgate, located in the SW corner of the SW 1/4 of Section 19, Township 10 North, Range 49 West of the 6th P.M., Logan County Colorado, and a downstream point, where Logan County and Sedgwick County abut, which is also the East line of Section 36, Township 11 North, Range 48 West of the 6th P.M. See Exhibit A to the application. Source of Water: The Harmony Augmentation Water Right diverts water from the South Platte River. The Harmony Ditch Substitution and Exchange diverts water from the South Platte River at times when water is delivered to the South Platte River, pursuant to the plan for augmentation decreed in Case No. 2002CW363, in excess of the replacement requirements decreed therein. Appropriation Date: The Harmony Augmentation Water Right was decreed an appropriation date of December 31, 2002. The Harmony Ditch Substitution and Exchange was decreed an appropriation date of March 28, 2002. Amount: The Harmony Augmentation Water Right is decreed for 252 cfs, but not more than a total of 7,500 acre-feet during any period from November 1 to October 31 of the succeeding year, conditional. In the 10CW153 Decree, 50 cfs of the decreed flow rate and all 7,500 acre-feet of volumetric limit for the Harmony Augmentation Water Right were made absolute. Currently, 202 cfs of the decreed flow rate remains conditional. The Harmony Ditch Substitution and Exchange is decreed for 225 cfs, conditional.

 

19  

Use: Water diverted pursuant to the Harmony Augmentation Water Right and the Harmony Ditch Substitution and Exchange may be used for recharge of the alluvial aquifer, stock watering, recreation, fish and wildlife purposes and fire protection. The water is used for immediate application to beneficial use, for storage and subsequent application to beneficial use, for substitution and exchange, for replacement of depletions, for recharge of the aquifer, and for augmentation purposes. The augmentation purposes include the designated uses and domestic, industrial and commercial uses under The Harmony Ditch system and in the Town of Crook. Water may be fully consumed during the first use of the water, or recaptured and reused until the water is fully consumed. Outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: In paragraph sixty of the 02CW363 Decree the Water Court decreed that it "shall consider the water rights described herein and the water rights determined herein to be a unified water system so that work done on any one part of the system shall be considered to be the exercise of reasonable diligence in the development of the conditional water rights and conditional appropriative rights of substitution and exchange decreed herein." During the period since entry of the prior diligence decree in Case No. 10CW153, Harmony engaged in the legal defense and protection of the subject conditional water rights. Specifically, Harmony reviewed the Water Court resume to determine if applications had been filed that might adversely affect the subject conditional water rights and continued its participation as an opposer in Water Court cases within Water Division No. 1 in order to ensure that applications would not be granted without terms and conditions necessary to protect the Harmony Augmentation Water Right and the Harmony Ditch Substitution and Exchange from injury. Harmony has also continued to divert and recharge water when available under the Harmony Augmentation Water Right to augment well depletions by Harmony's shareholders and the Town of Crook. Harmony also filed an application in Case No. 08CW289 to allow delivery of the Harmony Augmentation Water Right to additional recharge ponds described in that decree, and has delivered water diverted under the Harmony Augmentation Water Right to such additional recharge ponds pursuant to substitute water supply plans associated with Case No. 08CW289 and approved by the State and Division Engineers. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structures or modifications to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Pursuant to the 02CW363 Decree, augmentation and recharge structures have been constructed on land owned by the following:

Larry and E. Suzanne Mowery 30611 County Road 89, Crook, Colorado 80726 Jim Roberts 30256 County Road 81, Crook, Colorado 80726 Jerry Rauth and Janice Clem 40679 Highway 138, Crook, Colorado 80726 Frank Brothers Land, LLC 18489 County Rd 15, Johnstown, Colorado 80534 Robert Monheiser 41815 County Road 58.5, Crook, Colorado 80726 John Monheiser 30171 County Road 75, Crook, Colorado 80726 Sharon Amen 540 Green Way Court, Woodland Park, Colorado 80863Mr. and Mrs. Kent McDaniel 3389 County Road 57, Gill, Colorado 80624 Mark A. Meier 44500 County Road 64.5, Crook, Colorado 80726 Walter R. McKinstry, Jr. P.O. Box 115, Julesburg, Colorado, 80737 Robert H. Hughes 415 Oakland Street, Aurora, Colorado 80010 Duane O. Kuskie and Dinsdale Farms P.O. Box 207, Crook, Colorado 80726

36217 County Road 95, Crook, Colorado 80726 WHEREFORE, Harmony requests the Court enter a decree finding that Harmony has exercised reasonable diligence in the development of the Harmony Augmentation Water Right and the Harmony Ditch Substitution and Exchange and continuing the subject conditional water rights in full force and effect for an additional diligence period.

 

20  

17CW3068 East Cherry Creek Valley Water and Sanitation District (“ECCV”), c/o Dave Kaunisto, 6201 South Gun Club Road, Aurora, Colorado 80015, Telephone: (303) 693-3800. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE AMOUNT ABSOLUTE IN ADAMS, ARAPAHOE, DENVER, DOUGLAS, ELBERT, JEFFERSON, MORGAN AND WELD COUNTIES. All correspondence and communications should be addressed to: Brian M. Nazarenus, Esq., Sheela S. Stack, Esq., William D. Wombacher, Esq., RYLEY CARLOCK & APPLEWHITE, 1700 Lincoln Street, Suite 3500, Denver, Colorado 80203, Telephone: (303) 863-7500. 2. Beebe Draw Recharge Project. 2.1. Name of Structure. Beebe Draw Recharge Project.1 2.2. Original Decree. The original decree was entered by the Water Court, Water Division 1, on April 15, 2011, in Case Nos. 02CW404 and 03CW442. 2.3. Legal Description of Recharge Facilities. The Beebe Draw Recharge Project consists of the following facilities: 2.3.1. Barr Lake Delivery Canals. 2.3.1.1. Speer. The entire length of the Speer Canal extends from the NW1/4 of the NW1/4 of the NW1/4 of Section 13, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado, to Barr Lake, located in Section 23, Township 1 South, Range 66 West, 6th P.M., Adams County, Colorado. The length of Speer Canal is approximately 18.3 miles, the average width is 20 feet, and the surface area is 44.3 acres. 2.3.1.2. Bowles Seep. The entire length of Bowles Seep Canal extends from the NE1/4 of the NE1/4 of the NE1/4 of Section 6, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado, to the NW1/4 of the NE1/4 of the SW1/4 of Section 31, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. The length of Bowles Seep Canal is approximately 7.4 miles, he average width is 10 feet, and the surface area is 9.0 acres. 2.3.1.3. East Burlington. The entire length of East Burlington Canal extends from the SW1/4 of the SE1/4 of the NW1/4 of Section 28, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado, to Barr Lake, located in Section 23, Township 1 South, Range 66 West, 6th P.M., Adams County, Colorado. The length of East Burlington Canal is approximately 9.1 miles, the average width is 10 feet, and the surface area is 11.0 acres. 2.3.1.4. West Burlington. The entire length of the West Burlington Canal extends from the NE1/4 of the NW1/4 of the NE1/4 of Section 18, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado, to Barr Lake, located in Section 23, Township 1 South, Range 66 West, 6th P.M., Adams County, Colorado. The length of West Burlington Canal is approximately 9.1 miles, the average width is 10 feet, and the surface area is 11.0 acres. 2.3.1.5. East Neres. The entire length of East Neres canal extends from the NW1/4 of the SW1/4 of the SE1/4 of Section 18, Township 4 North, Range 64 West of the 6th P.M., Weld County, Colorado, to the NW1/4 of the SE1/4 of the NW1/4 of Section 6, Township 3 North, Range 64 West of the 6th P.M., Weld County, Colorado. The length of East Neres Canal is approximately 19.9 miles, the average width is 10 feet, and the surface area is 24.1 acres. 2.3.1.6. Neres. The entire length of Neres Canal extends from the NW1/4 of the NW1/4 of the SW1/4 of Section 2, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado, to Barr Lake, located in Section 23, Township 1 South, Range 66 West, 6th P.M., Adams County, Colorado. The length of Neres Canal is approximately 16.9 miles, the average width is 20 feet, and the surface area is 40.9 acres. 2.3.2. Recharge Ponds. 2.3.2.1. Moser, located in the SE1/4 of Section 7, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. Moser Pond has been constructed and is operational. 2.3.2.2. Tu, located in the SE1/4 of Section 2, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. 2.3.2.3. Mile High Lakes, located in the SE1/4 of Section 1, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado, and a parcel of land in the NW1/4 of Section 12, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. 2.3.2.4. Bromley, to be located in the NW1/4 of Section 14, Township 1 South, Range 66 West of the 6th P.M., Weld County, Colorado. 2.3.2.5. Schupman, to be located in the NW1/4 of Section 19, Township 1 North, Range 65 West of the 6th P.M., Weld County,                                                             1 In an abundance of caution, ECCV has included the recharge ponds and canals, which are part of the previously- decreed Beebe Draw Recharge Project, in this diligence application. While it is ECCV’s position that these rights are not conditional and, thus, do not need to be included in this application to remain in effect, ECCV anticipates that certain Opposers may disagree. Thus, to ensure that there is no question about ECCV’s ability to use said recharge ponds and the recharge project in the future, these rights are described herein and, to the extent necessary, ECCV seeks a finding that these rights be continued in full force and effect.

 

21  

Colorado. 2.3.2.6. Pettinger East and West, to be located in the SE1/4 of Section 18, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 2.3.2.7. Artese, to be located in the NE1/4 of Section 6, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 2.3.2.8. Dechant, to be located in the NW1/4 of Section 28, Township 2 North, Range 65 West of the 6th P.M., Weld County, Colorado. 2.3.2.9. Carlin, to be located in the SW1/4 of Section 19, Township 2 North, Range 65 West of the 6th P.M., Weld County, Colorado. 2.3.2.10. Klug, to be located in the NE1/4 of Section 12, Township 2 North, Range 65 West of the 6th P.M., Weld County, Colorado. 2.3.2.11. Sater, to be located in the NW1/4 of the SW1/4 of Section 13, Township 4 North, Range 64 West of the 6th P.M., Weld County, Colorado. 2.4. Legal Description of Diversion or Delivery Structures and Rates. 2.4.1. Burlington Ditch (also known as Burlington/O’Brian Canal). The headgate is located on the east bank of the South Platte River, in the SW1/4 of the NE1/4, Section 14, Township 3 South, Range 68 West of the 6th P.M., Adams County, Colorado. The maximum rate of delivery is 900 cfs. 2.4.2. Beebe Canal Diversion Structures. The entire length of the Beebe Canal extends from Barr Lake, located in Section 23, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado, to Milton Lake, located near the center of Section 22, Township 3 North, Range 65 West, 6th P.M., Weld County, Colorado. A series of diversion structures will be located along the length of the Beebe Canal and will operate as points of diversion for the water to be delivered for recharge using the recharge facilities described above. The maximum rate of diversion for each diversion structure will be determined once those facilities are constructed. The maximum aggregated rate of diversion for all diversion structures constructed and used hereunder is 50 cfs. Beebe Canal Diversion No. 1: 040 01 19.74N; 104 41 56.84W; Beebe Canal Diversion No. 2:040 01 26.44N; 104 41 51.70W; Beebe Canal Diversion No. 3: 040 01 34.63N; 104 41 44.96W; Beebe Canal Diversion No. 4: 040 01 34.39N; 104 41 44.55W; Beebe Canal Diversion No. 5: Located on the Beebe Seep Canal, approximately 1400 feet north of the southern boundary of Section 20, in the NE1/4 of the SW1/4 of Section 20, Township 1 North, Range 65 West, 6th P.M., Weld County, Colorado; Beebe Canal Diversion No. 6: 040 02 2.19N; 104 41 28.58W; Beebe Canal Diversion No. 7: 040 02 16.09N; 104 41 13.48W; Beebe Canal Diversion No. 8: 040 02 27.02N; 104 40 59.66W; Beebe Canal Diversion No. 9: 040 02 38.93N; 104 40 51.62W; Beebe Canal Diversion No. 10: 040 03 7.98N; 104 40 34.59W; Beebe Canal Diversion No. 11: 040 03 18.59N; 104 40 24.28W; Beebe Canal Diversion No. 12: 040 03 46.64N; 104 40 15.29W; Beebe Canal Diversion No. 13: 040 03 59.76N; 104 40 10.15W; Beebe Canal Diversion No. 14: 040 04 14.15N; 104 40 5.65W; Beebe Canal Diversion No. 15: 040 04 32.01N; 104 40 0.51W; Beebe Canal Diversion No. 16: 040 04 55.08N; 104 39 59.55W; Beebe Canal Diversion No. 17: Located on the Beebe Seep Canal, approximately 50 feet north of the southern boundary of Section 33, in the SW1/4 of the SE1/4 of Section 33,Township 2 North, Range 65 West, 6th P.M., Weld County, Colorado; Beebe Canal Diversion No. 18: 040 06 18.41N; 104 40 1.48W; Beebe Canal Diversion No. 19: Located on the Beebe Seep Canal, 50 feet north of the south boundary of Section 21, in the SE1/4 of the SE1/4 of Section 21, Township 2 South, Range 65 West, 6th P.M., Adams County, Colorado; Beebe Canal Diversion No. 20: 040 07 24.41N; 104 39 50.54W; Beebe Canal Diversion No. 21: 040 07 45.50N; 104 39 27.36W; Beebe Canal Diversion No. 22: 040 08 25.44N; 104 38 59.34W; Beebe Canal Diversion No. 23: 040 08 36.36N; 104 38 59.02W; Beebe Canal Diversion No. 24: Located on the Neres Canal, approximately 200 feet east of the western line of Section 11, in the SW1/4 of the NW1/4 of Section 11, Township 2 South, Range 65 West, 6th P.M., Adams County, Colorado; Beebe Canal Diversion No. 25: 040 09 42.85N; 104 38 58.36W; Beebe Canal Diversion No. 26: 040 10 5.67N; 104 38 58.35W; Beebe Canal Diversion No. 27: 040 10 42.88N; 104 38 57.63W; Beebe Canal Diversion No. 28: 040 11 2.48N; 104 38 57.63W; Beebe Canal Diversion No. 29: 040 11 28.77N; 104 38 56.98W; Beebe Canal Diversion No. 30: 040 11 47.13N; 104 38 57.29W; Beebe Canal Diversion No. 31: 040 12 19.63N; 104 38 56.96W. 2.4.3. Metro Pump Station. The discharge of the Metro Pump Station to the Burlington Canal is in the NE1/4 of the NW1/4 of Section 12, Township 3 South, Range 68 West of the 6th P.M., Denver County, Colorado. The maximum rate of diversion is 105 cfs. 2.4.4. Platte Valley Canal (also known as the Evans No. 2 Ditch). The headgate is located on the east bank of the South Platte River, in Section 19, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado. The maximum rate of delivery is 350 cfs. 2.4.5. United Diversion Facility No.

 

22  

3. The headgate is located on the east bank of the South Platte River, in the SW1/4 of Section 26, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado. The maximum rate of diversion is 100 cfs. 2.4.6. Bowles Seep, described in paragraph 2.3.1.2, above. The maximum rate of delivery is 30 cfs. 2.4.7. Speer, described in paragraph 2.3.1.1, above. The maximum rate of delivery is 150 cfs. 2.4.8. East Burlington, described in paragraph 2.3.1.3 above. The maximum rate of delivery is 45 cfs. 2.4.9. West Burlington, described in paragraph 2.3.1.4, above. The maximum rate of delivery is 20 cfs. 2.4.10. Neres, described in paragraph 2.3.1.6, above. The maximum rate of delivery is 120 cfs. 2.4.11. East Neres, described in paragraph 2.3.1.5, above. The maximum rate of delivery is 40 cfs. 2.5. Sources. 2.5.1. The 70 Ranch Water Rights. ECCV and/or United Water and Sanitation District (“United”) own or have an interest in the following water rights, which place and type of use were changed pursuant to the decree entered in Case Nos. 02CW404/03CW442: Lower Latham Ditch, Lower Latham Drain, Hardin Ditch, Peterson Well No. 1 and Peterson Well No. 2. ECCV also owns an interest in the water rights associated with the following recharge facilities: Riverside/National Hog Farms Recharge Facility Pond No. 1 and Riverside/National Hog Farms Recharge Facility Pond No. 2. ECCV also owns a portion of the Illinois Ditch, which right was historically used for irrigation and industrial purposes on the Historic 70 Ranch. The water rights described in this paragraph are collectively referred to as the “70 Ranch Water Rights.” 2.5.2. The Milton Lake 2003 Storage Right. 2.5.3. Fully consumable replacement water supplies added to the plan for augmentation approved in Case No. 02CW403 pursuant to the provisions in paragraph 19 of that decree. 2.6. Appropriation Date. December 31, 2003. 2.7. Amount. The total monthly amount of water recharged to the Beebe Draw alluvium at the recharge ponds (“Net Recharge Amount”) is the amount of water delivered to the recharge ponds and measured in accordance with paragraph 22.3 of the decree entered in Case Nos. 02CW404 and 03CW442, plus the amount retained in the recharge ponds at the beginning of the month, less the sum of: (1) the measured amount of surface water that flowed out of the recharge ponds; (2) the amount of water that was lost to evaporation and evapotranspiration; and (3) the amount of water retained in the recharge ponds that has not yet percolated into the ground. 2.8. Uses. ECCV shall use the recharge accretions to augment ECCV’s out-of-priority depletions from the ECCV Well Field in accordance with the terms and conditions of the decrees entered in Case Nos. 02CW403, 02CW404 and 03CW442. 3. 70 Ranch Recharge Project. 3.1. Name of Structure. 70 Ranch Recharge Project.2 3.2. Original Decree. The original decree was entered by the Water Court, Water Division 1, on April 15, 2011, in Case Nos. 02CW404/03CW442. 3.3. Legal Description of Recharge Facilities. The 70 Ranch Recharge Project consists of the following facilities: 3.3.1. Pond 4/5, located in the NE1/4 and SE1/4 of Section 1, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado. 3.3.2. Pond 8a, located in the SW1/4 of Section 25, Township 5 North, Range 63 West of the 6th P.M., Arapahoe County, Colorado, and the NE1/4 of Section 35, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado. 3.3.3. Ponds 8b and 8c, located in Section 25, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado. 3.3.4. Pond 9a, located in the SE1/4 of Section 31, Township 5 North, Range 62 West of the 6th P.M., Weld County, Colorado, and Section 5, Township 4 North, Range 62 West of the 6th P.M., Weld County, Colorado. 3.3.5. Pond 11a, located in NE1/4 of Section 24, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado, and the E1/2 of Section 13, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado, and the NW1/4 of Section 19, Township 5 North, Range 62 West of the 6th P.M., Weld County, Colorado, and the W1/2 of Section 18, Township 5 North, Range 62 West of the 6th P.M., Weld County, Colorado. 3.3.6. Pond 11b, located in the NE1/4 of Section 24, Township 5 North, Range 63 West of 6th P.M., Weld County, Colorado, and the W1/2 of the W1/2 of Section 19, Township 5 North, Range 62 West of the 6th P.M., Weld County,                                                             2 In an abundance of caution, ECCV has included the recharge ponds and canals, which are part of the previously- decreed 70 Ranch Recharge Project, in this diligence application. While it is ECCV’s position that these rights are not conditional and, thus, do not need to be included in this application to remain in effect, ECCV anticipates that certain Opposers may disagree. Thus, to ensure that there is no question about ECCV’s ability to use said recharge ponds and the recharge project in the future, these rights are described herein and, to the extent necessary, ECCV seeks a finding that these rights be continued in full force and effect.

 

23  

Colorado. 3.3.7. Canals between Recharge Ponds. Conveyance canals may be constructed from Pond 11b to Pond 8c, from Pond 8a to Pond 4/5, and from Pond 8a to Pond 9a. 3.4. Legal Description of Diversion or Delivery Structures and Rates. 3.4.1. United Diversion Facility No. 1. If an agreement with the Riverside Irrigation District and Riverside Reservoir Company (“Riverside”) is obtained, the headgate will be located at the existing headgate for the Riverside Intake Canal. The existing headgate for the Riverside Canal Intake is located on the north bank of the South Platte River, in the SW1/4 of the SW1/4 of Section 20, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado. Absent an agreement with Riverside, the headgate will be located on the north bank of the South Platte River, in the S1/2 of the SW1/4 of Section 20, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado, between the headgate of the Riverside Intake Canal and the west section line of Section 20, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado, at a location to be established within that reach, approximately 200 yards in extent. The maximum rate of diversion for United Diversion Facility No. 1 is 100 cfs. 3.4.2. United Diversion Facility No. 2. This diversion facility will be located on the north bank of the South Platte River as the River traverses over and across the 70 Ranch in Sections 34, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado, and the NE1/4 of the NE1/4 of Section 3, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado, and will consist of 3 wells, described below, that will be located within 100 feet of the South Platte River. The wells will pump 8.0 cfs each, or 24.0 cfs total. The maximum rate of diversion for United Diversion Facility No. 2 is 24 cfs. 3.4.2.1. Well No. 1, located 601.5 feet from the east line of the SE1/4 and 1062.7 feet from the south line of the SE1/4 in Section 34, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado. 3.4.2.2. Well No. 3, to be located within 100 feet of the following location: 1,382.4 feet from the east line of the SE1/4 and 1,995.5 feet from the south line of the SE1/4, in Section 34, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado. 3.4.2.3. Well No. 4, to be located within 100 feet of the following location: 1,896.6 feet from the east line of the SE1/4 and 2,454.1 feet from the south line of the SE1/4, in Section 34, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado. 3.4.3. United Diversion Facility No. 4. This diversion facility consists of the NFC Well Nos. 1, 3, and 4, described below, which were previously used by National Hog Farms and are located north of the Riverside Canal on the 70 Ranch. The maximum rate of diversion for United Diversion Facility No. 4 is 11.58 cfs. 3.4.3.1. Well No. NFC-W1, decreed in Case No. 88CW264(B) for 2.67 cfs, with an appropriation date of September 14, 1988. The location of this well is in the SE1/4 of the NE1/4 of Section 35, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado. 3.4.3.2. Well No. NFC-W3, decreed in Case No. 88CW264(B) for 3.34 cfs, with an appropriation date of October 3, 1990. The location of this well is in the NE1/4 of the SE1/4 of Section 35, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado. 3.4.3.3. Well No. NFC-W4, decreed in Case No. 88CW264(B) for 5.57 cfs, with an appropriation date of June 22, 1992. The location of this well is in the NE1/4 of the NE1/4 of Section 7, Township 4 North, Range 62 West of the 6th P.M., Weld County, Colorado. 3.5. Source. Fully consumable water available to ECCV pursuant to the terms of the decrees entered in Case Nos. 02CW403, 02CW404, and 03CW442. 3.6. Amount. An annual maximum amount of 3,600 acre-feet per year. 3.7. Appropriation Date. December 31, 2003. 3.8. Uses. ECCV shall use the recharge accretions to augment its out-of-priority depletions from the ECCV Well Field and the 70 Ranch Augmented Wells defined in paragraph 24 of the decree entered in Case Nos. 02CW404 and 03CW442, and to replace return flows associated with the changed 70 Ranch Water Rights, by direct use, exchange, or substitution in accordance with the terms of this decree and the terms of the decree entered in Case No. 02CW403. 4. Conditional Water Storage Right. 4.1. Name and General Description of Conditional Water Right. Milton Lake 2003 Storage Right. Milton Lake is an off-channel reservoir located in Sections 10, 11, 14, 15, 22, and 23, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. 4.2. Original Decree. The original decree was entered by the Water Court, Water Division 1, on April 15, 2011, in Case Nos. 02CW404 and 03CW442. 4.3. Source. Beebe inflow into Milton Lake from the Beebe Draw. 4.4. Appropriation Date. December 31, 2003. 4.5. Amount. 5,000 acre-feet, CONDITIONAL, each water storage year, which shall be November 1 through October 31 at a rate not to exceed 50 cfs. 4.6. Uses. Use by ECCV for augmentation and replacement of

 

24  

depletions associated with pumping from the ECCV Well Field. 5. Conditional Rights of Exchange. 5.1. General Description of the Rights of Exchange. The South Platte River exchanges decreed herein (the "South Platte River Exchanges") are identified in the Exchange Matrix provided below and will operate on the South Platte River using the exchange points listed below. The lower terminus of the exchange reach is at the Fort Morgan Canal Augmentation Station, which will be located in the SE1/4 of Section 20, Township 4 North, Range 56 West of the 6th P.M., Morgan County, Colorado. The upper terminus of the exchange reach is located at the headgate of the Burlington Ditch, which is located in the SW1/4 of the NE1/4, Section 14, Township 3 South, Range 68 West of the 6th P.M., Adams County, Colorado. 5.2. Exchange Points. 5.2.1. Name, location, and source of diversion points (“Exchange-To Points”) at which water will be diverted and/or stored by exchange: 5.2.1.1. United Diversion Facility No. 1, described in paragraph 3.4.1., above. 5.2.1.2. United Diversion Facility No. 3. The headgate is located on the east bank of the South Platte River, in the SW1/4 of Section 26, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado. The maximum rate of diversion is 100 cfs. 5.2.1.3. Jay Thomas Ditch Diversion Dam for delivery to Gilcrest Reservoir. Gilcrest Reservoir will be an off-channel reservoir located within a part of Section 2, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado, and sections 23, 26, 34, and 35, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. When completed, Gilcrest Reservoir has a planned capacity of approximately 27,000 acre-feet. The point of diversion for Gilcrest Reservoir will be located adjacent to the Jay Thomas Ditch Diversion Dam, and will be located on the east bank of the South Platte River, in the NW1/4 of the NW1/4 of Section 11, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado. 5.2.1.4. Platte Valley Canal Intake (also known as the Evans No. 2 Ditch). The headgate is on the east bank of the South Platte River, in Section 19, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado. ECCV shall obtain any necessary agreements with Platte Valley Irrigation Company prior to using the jointly operated portion of the Platte Valley Canal for any excess capacity. The maximum rate of delivery is 350 cfs. 5.2.1.5. Burlington Ditch Intake (also known as the Burlington/O’Brian Canal). The headgate is located on the east bank of the South Platte River, in the SW1/4 of the NE1/4, Section 14, Township 3 South, Range 68 West of the 6th P.M., Adams County, Colorado. The maximum rate of delivery is 900 cfs. 5.2.2. The downstream points of exchange (“Exchange-From Points”) at which ECCV shall make substitute supplies available to allow diversion by exchange at the points set forth in paragraph 5.2.1, above, are: 5.2.2.1. Fort Morgan Canal Augmentation Station, which will be located in the SE1/4 of Section 20, Township 4 North, Range 56 West of the 6th P.M., Morgan County, Colorado. 5.2.2.2. Weldon Valley Canal Augmentation Station, which will be located approximately in Section 18, Township 4 North, Range 58 West of the 6th P.M., Morgan County, Colorado. 5.2.2.3. 70 Ranch Exchange Quantification Point. The 70 Ranch Quantification Point is the point(s) at which recharge accretions from the 70 Ranch Recharge Project and the legally available consumptive use water from the 70 Ranch Water Rights decreed herein accrue to the South Platte River, the furthest downstream point of which is located at the west section line of Section 23, Township 4 North, Range 62 West of the 6th P.M., Weld County, Colorado, as the section line intersects with the South Platte River. 5.2.2.4. Confluence of the Cache La Poudre River and the South Platte River. 5.2.2.5. Western Mutual Ditch Augmentation Station, which will be located approximately in Section 11, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado. 5.2.2.6. Gilcrest Reservoir Outlet Structure. Discharges may be made at the following approximate locations: Section 2, Township 3 North, and Section 26, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. 5.2.2.7. Farmers Independent Ditch Augmentation Station, which will be located approximately in Section 31, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado. 5.3. Amounts. Operation of the South Platte River Exchanges shall be limited to the Exchange-From and Exchange-To Points described in paragraph 5.2, above, and the maximum rates described in the Exchange Matrix below:

EXCHANGE-TO POINTS

 

25  

EXCHANGE-FROM POINTS

Burlington Canal Intake

United Diversion Facility No. 3

Platte Valley Canal Intake

Jay Thomas Ditch Diversion Dam (Gilcrest Reservoir Intake)

United Diversion Facility No. 1

Farmers Independent Ditch Augmentation Station

1.5 cfs 1.5 cfs 1.5 cfs N/A N/A

Gilcrest Reservoir Outlet Structure

260 cfs 260 cfs 260 cfs N/A N/A

Western Mutual Ditch Augmentation Station

5.5 cfs 5.5 cfs 5.5 cfs N/A N/A

Confluence of the South Platte River and Cache la Poudre River

5.2 cfs 5.2 cfs 5.2 cfs 5.2 cfs N/A

70 Ranch Exchange Quantification Point

11.0 cfs 11.0 cfs 11.0 cfs 11.0 cfs 11.0 cfs

Weldon Valley Canal Augmentation Station

14.2 cfs 14.2 cfs 14.2 cfs 14.2 cfs 14.2 cfs

Fort Morgan Canal Aug. Station

12.2 cfs 12.2 cfs 12.2cfs 12.2 cfs 12.2 cfs

5.3.1. The maximum total aggregate rate of exchange for the simultaneous operation of two or more of the South Platte River Exchanges decreed herein shall not exceed 309.60 cfs. 5.3.2. The total volume of water that may be diverted under the South Platte River Exchanges at all Exchange-To Points shall be limited to a maximum of 8,706 acre-feet in any water year, and to a maximum of 63,820 acre-feet in any 10-year period. 5.4. Uses. ECCV shall use the water diverted by exchange under the South Platte River Exchanges for replacement and augmentation of depletions resulting from pumping from the ECCV Well Field to supply ECCV’s municipal uses. Water diverted by exchange under the South Platte River Exchanges may also be delivered to recharge ponds approved for use in the 70 Ranch Recharge Project or in the Beebe Draw Recharge Project, or stored in the reservoirs that can be filled from the Exchange-To Points described in paragraph 5.2.1, above, for later release for the uses by ECCV. 5.5. Appropriation Date. The exchanges from the Exchange-From Point(s) described in paragraph 5.2.2, above, to the Exchange-To Point(s) described in paragraph 5.2.1, above, shall be administered with an appropriation date of December 31, 2003 for an average annual total of 5,821 acre-feet, and May 31, 2007 for an average annual total of 561 acre-feet. 5.6. Sources of Substitute Supply for the South Platte River Exchanges. The substitute supplies are: 5.6.1. The 70 Ranch Water Rights defined in paragraph 2.5.1, above. 5.6.2. ECCV water rights changed in Case No. 02CW403, stored in: 5.6.2.1. United Reservoir No. 3, an off-channel reservoir in the E1/2 of Section 26, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado. 5.6.2.2. Gilcrest Reservoir, an off-channel reservoir located within a part of Section 2, Township 3 North, Range 67 West, and sections 23, 26, 34, and 35, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. 5.6.2.3. Barr Lake, an off-channel reservoir located in Sections 15, 21, 22, 23, 26, 27, 28, and 33, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. Barr Lake is an enlargement of the original Oasis Reservoir. 5.6.3. Milton Lake, described in paragraph 4.1, above. 5.6.4. FRICO’s Multi-Purpose Water Right, decreed in Case No. 02CW403 (limited to the extent of ECCV’s pro rata ownership of FRICO shares, or as otherwise allocated by and between FRICO shareholders). 5.6.5. Currently Owned but Unchanged Water Sources and Future Acquired Water Sources. United and its related entities and ECCV have acquired water rights

 

26  

represented by shares in or the right to use water associated with the Greeley Irrigation Company, Weldon Valley Ditch Company, Farmers Independent Ditch, Western Mutual Ditch Company, Jackson Lake Reservoir and Irrigating Company, New Cache la Poudre Irrigating Company, Cache la Poudre Reservoir Company, Ogilvy Irrigation and Land Company, Fort Morgan Reservoir and Ditch Company, Fort Morgan Asset Management Inc., and Fort Morgan Water Company, which are shown on Exhibit A (“Currently Owned But Unchanged Water Sources”). United and its related entities and ECCV also intend to acquire additional water sources for use as a source of substitute supply in the plan for augmentation, exchanges, and substitutions decreed herein (“Future Acquired Water Sources”). The Future Acquired Sources will be limited to only those sources that can be delivered at the Exchange-From points described in paragraph 5.2.2, above, and to the rate and volume limitations described in paragraph 5.3, above. 6. Detailed outline of work done for the completion of the conditional appropriation for reasonable diligence. ECCV’s unified, integrated system for the diversion, accretion, collection, storage, transmission, and treatment of water rights (the “Water Supply Project”) was originally designed to provide ECCV with a long-term, sustainable municipal water supply for its service area. The conditional water rights decreed herein are part of the Water Supply Project, which will provide water within ECCV’s service area. Pursuant to section 37-92-301(4)(b) of the Colorado Revised Statutes, for purposes of demonstrating diligence, work on one feature of the project or system shall be considered in finding that reasonable diligence has been shown in the development of all water rights conditionally decreed herein, and shall constitute diligence toward the development of each of the conditional water rights decreed herein. During the diligence period ECCV has done, at a minimum, the following work towards completion or for completion of the appropriations and application of water to a beneficial use as conditionally decreed (expenditure numbers are rounded to the nearest $1,000). 6.1. Legal Fees. Legal fees in the amount of $2,650,000.00 were expended during the diligence period in ECCV’s adjudicatory proceedings and for the appropriation of new water rights for ECCV’s Water Supply Project. 6.2. Engineering Costs. Engineering costs in the amount of $4,460,000.00 were expended during the diligence period in connection with ECCV’s Water Supply Project, to perform water rights modeling, exchange potential modeling, appropriation of new water rights, changes to existing water rights, water rights protection and opposition, and water rights accounting. 6.3. Additional Replacement Supplies. ECCV filed applications and obtained decrees in the cases listed below to increase the available replacement supplies available under its augmentation plan decrees and facilitate increased diversions in the ECCV Wellfield, to add additional storage facilities and recharge locations, to add exchanges to aid in moving its replacement water to it place of beneficial use. 6.3.1.Case No. 11CW151, original application filed on August 31, 2011; decree pending. 6.3.2. 11CW280, application filed on December 29, 2011; decree entered on October 21, 2014. 6.3.3. Case No. 11CW285, original application filed on December 29, 2011; decree entered on September 18, 2014. 6.3.4. Case No. 12CW73, original application filed on March 30, 2012; decree entered on February 26, 2016. 6.3.5. Case No. 13CW3026, original application filed on April 26, 2013; decree pending. 6.3.6. Case No. 13CW3172, application filed on December 30, 2013; case pending. 6.3.7. Case No. 16CW3196, application filed on December 29, 2016; case pending. 6.3.8. Case No. 16CW3200, application filed on December 29, 2016; case pending. 6.4. Water System Development. The Tu Pond was constructed in the spring of 2012, and water was diverted into recharge beginning in July 2012. During the diligence period, United, on behalf of ECCV developed and acquired infrastructure for Phase II of the Water Supply Project, including but not limited to, mining United Reservoir No. 3, acquiring Milliken (Gilcrest) Reservoir in August 2015; acquiring lands and designing construction of 70 Ranch Reservoir beginning in July 2012; and securing easement deeds and agreements for structures necessary to deliver water to ECCV. During this diligence period ECCV completed Phase I of the Water Supply Project. This phase included completion of ECCV’s Reverse Osmosis Water Treatment Plant, which became operational in July 2012; ECCV began deliveries of water to its Water Supply Project partner, Arapahoe County Water and Wastewater Authority (“ACWWA”) in July 2013; ECCV published its Water Conservation Plan on May 16, 2011, which was updated on May 1, 2013 and again on March 16, 2015; and ECCV added 812 new water taps to its system. 6.5. Substitute Water Supply Plans. During this diligence period, ECCV filed joint substitute water supply plans

 

27  

(“SWSP”) with ACWWA in order to use additional replacement supplies to replace out-of-priority depletions from the ACWWA/ECCV Well Field to facilitate the efficient operation of the Water Supply Project. SWSPs were filed in 2012 (approved June 7, 2012), 2013 (approved May 17, 2013), 2014 (approved April 10, 2014), 2015 (approved April 15, 2015, 2016 (approved April 6, 2016) and 2017 (approval pending). 6.6. Protection of Water Rights. ECCV has regularly monitored the filings of other water users. It has filed statements of opposition to, and has incurred legal and engineering costs in connection with numerous cases to protect its water rights. Legal fees in the amount of $75,000.00 were expended during the diligence period in water rights protection and opposition on behalf of ECCV for its Water Supply Project. 6.7. Renegotiation of the Water Supply Agreement. ECCV has been is lengthy negotiations with United concerning updates to the parties’ May 2007 Amended and Restated Water Supply Agreement. 6.8. Opposition of Detrimental Legislation. ECCV has been actively involved in opposing Colorado State legislation that would negatively impact the operation of its augmentation plans and exchanges. 6.9. ECCV continues to rely upon and develop the conditional water rights described herein and has no intent to abandon them. 7. Claim to Make Absolute. During this diligence period, ECCV has made absolute a total of 6,011.6 acre-feet of the conditional Beebe Draw Recharge Project for augmentation and replacement purposes. See ECCV’s Water Rights Accounting Summary which is attached as Exhibit B. 8. Name and address of owner of the land on which the structures are or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use. 8.1. Moser. Guadalupe Chavez, Sergio & Marcelino Ojeda, and Francisco & Martina Torres, 454 Monte Vista Court, Fort Lupton, Colorado 8621; and Carlos Ojeda, 4207 CR39, Hudson, Colorado 80642. 8.2. Tu. United Water and Sanitation District – ACWWA Enterprise, c/o Robert Lembke, 8301 E. Prentice Avenue, #120, Greenwood Village, Colorado 80111. 8.3. Mile High Lakes. South Beebe Draw Metro. District, c/o Robert Lembke, 8301 E. Prentice Avenue, #120, Greenwood Village, Colorado 80111. 8.4. Bromley. Ariel & Maria Chavez, 16313 CR 8, Fort Lupton, Colorado 80621; Frank W. Heitman, 6851 North Irving, Westminster, Colorado 80221; Robert & Claudia Marvin, 16455 CR 8, Fort Lupton, Colorado 80621. 8.5. Schupman. Thomas & Yvette Schupmen, 18598 CR 8, Brighton, Colorado 80603. 8.6. Pettinger East and West. Len & Joanna Pettinger, 18437 CR 8, Brighton, Colorado 80603; Ruby Pettinger, 675 S. Alton Way, #10-D, Denver, Colorado 80247. 8.7. Artese. Paragon Farms, 10220 CR1, Longmont, Colorado 80504. 8.8. Dechant. Roland Marya Frances & Anthony Edward Arndt, c/o Opdyke Agency, 710 11th Avenue, Suite 110, Greeley, Colorado 80631. 8.9. Carlin. David Alan Dechant, 8029 CR39, Fort Lupton, Colorado 80621. 8.10. Klug. Alvin & Donna Dechant, 11521 CR49, Hudson, Colorado 80642. 8.11. Sater. Paul A. Sater, 28496 CR44, Kersey, Colorado 80644. 8.12. Beebe Canal Diversion Structures. These structures, referenced in paragraph 2.4.2, above, are owned by The Farmers Reservoir and Irrigation Company, 80 S. 27th Avenue, Brighton, Colorado 80601. 8.13. United Diversion Facilities 1 and 2. United, c/o Robert Lembke, 8301 E. Prentice Ave., #120, Greenwood Village, Colorado 80111. (17 pages, 2 exhibits). THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED.

YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of JUNE 2017 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be filed as an Original and include $158.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.  

 

28