district court, water division 1, colorado august 2014 ... · august 2014 water resume publication...

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DISTRICT COURT, WATER DIVISION 1, COLORADO AUGUST 2014 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 AUGUST 2014 for each County affected.

14CW35 ARTHUR L. VAN DUSER TRUST % JOHN S. VAN DUSER, 401 E, 74th St, 9R, New York, NY 10021. 212-861-8853. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 6-12-98 in case 96CW802, WD1. Subsequent decree: 8-29-08 in case 04CW239-A, WD1. Smithe FMCR Well No. 200616 located NE1/4 NE1/4, S18, T10S, R77W of the 6th PM at a point approximately 30 ft. from N and 1305 ft. from E, Lot 2 Filing 1, Fourmile Creek Ranch, 2935 CR 18. Smithe BMR Well No. 200614 located SE1/4, NE1/4, S7, T11S, R77W of the 6th PM at a point approximately 2185 ft. from N and 955 ft. from E. Lot 22, Filing 1, Black Mountain Ranch, 1739 Black Mountain Rd. Source: Groundwater. Appropriation date: 12-27-96. Amount: 0.033 cfs (15 gpm) for each well, Conditional. Use: Domestic in 3 single family dwellings, including irrigation of less than 1 acre, stockwater. 14CW36 WILLIAM J. AND BARBARA J. PONTARELLI, 3630 Garrison St., Wheat Ridge, CO 80033. 303-424-2236. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 2-8-02 in case 97CW27, WD1. Subsequent decree: 8-21-08 in case 08CW42, WD1. Well located SW1/4, SE1/4, S27, T9S, R75W of the 6th PM at a point approximately 1300 ft. from S and 1600 ft. from E. Lot 9, Filing 12, Indian Mountain Subdivision, 356 Hopi Circle. Source: Groundwater. Appropriation date: 5-31-73. Amount: 15 gpm, Conditional. Use: Household use only inside single family dwelling not including irrigation. 14CW37 JOHN AND MICHELLE SIMPSON, 8585 W. 66th Circle, Arvada, CO 80004. 303-420-4853. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 2-28-02 in case 97CW20, WD1; Subsequent decree: 5-12-08. Simpson Well located NE1/4, SW1/4, S21, T9S, R75W of the 6th PM at a distance 1500 ft. from S and 1800 ft. from W. 53 Teton Ct., Como, CO, Indian Mountain Subdivision, Lot 22, Filing 3. Source: Groundwater. Appropriation date: 5-31-73. Amount 0.033 cfs, (15 gpm), Conditional. Use: Household use only in a single family dwelling. 14CW38 MARCEE REIFSNEIDER, 17855 S. Via Loma Del Venado, Vail, AZ. 85641. 520-762-1176. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 11-08-01 in case 96CW942(a), WD1. Subsequent decree: 6-2-08 in case 07CW255, WD1. Adams Well located NE1/4, SW1/4, S23, T9S, R75W of the 6th PM at a point approximately 1960 ft. from W and 2580 ft. from S. 734 Chief Trail, Indian Mountain Subdivision, Lot 27, Filing 8. Source: Groundwater. Appropriation date: 5-31-73. Amount: .033 cfs (15gpm), Conditional. Use: Household only, single family dwelling not including irrigation. 14CW39 LLOYD L. AND ROBERTA J. LAWRENCE, 3667 S. Narcissus Way, Denver, CO 80237. 303-902-3017. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 06-12-98 in case 96CW802, WD1. Date of subsequent decree: 08-29-08 in case 04CW279. Well located SW1/4, SE1/4, S18, T10S, R77W of the 6th PM at a distance 550 ft. from S and 2370 ft. from E. 391 Creekside Lane, Fourmile Creek Ranch, Lot 10. Source: Groundwater Appropriation date: 11-02-05 Amount: 15gpm Use: Single family residence. 14CW40 JERRY E AND CAROLYN J. JULIAN, 7599 S. Argonne St., Centennial, CO 80016. 303-693-5840. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY.

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Date of original decree: 02-08-02 in case 97CW21, WD1. Date of subsequent decree: 08-28-08 in case 08CW14, WD1. Julian Well located SE1/4, NW1/4, S21, T9S, R75W of the 6th PM at a distance 1750 ft. from N and 1650 ft. from W. 1233 Teton Tr., Indian Mountain Subdivision, Lot 24, Filing 5. Source: Groundwater. Appropriation date: 05-31-73. Amount: .0033 cfs, Conditional. Use: Household use only inside a single family dwelling not including irrigation. 14CW3093 Groundwater Management Subdistrict of the Central Colorado Water Conservancy District (CCWCD), 3209 West 28th Street, Greeley, Colorado 80631 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 AND TO MAKE ABSOLUTE CONDITIONAL WATER RIGHTS IN MORGAN AND WELD COUNTIES. 2. Conditional Water Right. 2.1. Name of Structure. Milliron and Kiowa Recharge Project. 2.2. Decrees. Case No. 81CW382, 93CW024, 00CW81, 08CW18, Water Division No. 1. 2.3. Legal Description of Diversion Points. 2.3.1. Milliron Facility. At a headgate on the Bijou Canal where the canal intersects Milliron Draw in the Northeast 1/4 of Section 21, Township 4 North, Range 60 West of the 6th P.M., Morgan County, Colorado, water being delivered to said point from the South Platte River through the Bijou Canal the headgate for which is located in the Northeast Quarter of Section 13, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado; or by a pump located at the intersection of Milliron Draw and the South Platte River in the North 1/2 of Section 16, Township 4 North, Range 60 West of the 6th P.M., Morgan County, Colorado to the Milliron Facility. 2.3.2. Kiowa Facility. At a headgate on the Bijou Canal where the canal intersects Kiowa Creek in the Northeast 1/4 of Section 22, Township 4 North, Range 60 West of the 6th P.M., Morgan County, Colorado water being delivered from the South Platte River through the Bijou Canal headgate as described above. 2.4. Source of Water. South Platte River and its tributaries. 2.5. Appropriation. December 17, 1981 for 2,400 acre-feet; March 7, 1982 for 5,000 acre-feet. 2.6. Amount. A total of 6,005.54 acre-feet are decreed absolute; 2,400 a.f. of the December 17, 1981 appropriation and 3,605.54 a.f. of the March 7, 1982 appropriation. The remaining amount of the March 7, 1982 appropriation, 1394.46 a.f., remains conditional. 2.7. Use. Augmentation, recharge, replacement and exchange. 3. Outline of What Has Been Done Toward Completion. 3.1. The diligence period is August 1, 2008 to August 31, 2014. 3.2. White Sands Water Engineers, Inc. reviewed the State Hydrobase diversion records which show that Applicant diverted and recharged for beneficial use in priority 1,377 af in 2008; 4,457 af in 2009; 5,115 af in 2010; 106 af in 2012; 1,476 in 2013; no data is yet available for 2014. Unless records become available for 2014 and show additional diversions, Applicant has not been able to divert under its priorities more than the 6,005.54 acre-feet per year already made absolute during this diligence period. If records for 2014 show additional diversions in excess of 6,005.54 acre-feet per year in 2014 Applicant will seek to make such additional amounts absolute. 3.3. Applicant negotiated and subsequently entered into an Agreement with Bijou Irrigation Company pertaining to running fees for water delivered to the Kiowa No. 4 recharge pond on April 20, 2010. 3.4. Applicant spent $960.00 for engineering expenses on plans for proposed improvements to the headgate to divert from the Bijou Canal into the recharge sites. Applicant spent $2391.00 for legal expenses during the diligence period. Applicant spent $196,157.00 for running fees and purchase of recharge credits from Orphan Wells of Wiggins. 3.5. The Milliron and Kiowa Recharge Project is part of the integrated system of water rights and supplies for the CCWCD augmentation plan decreed in Case No. 02CW335 (See ¶8.2 and ¶29 of the 02CW335 Decree). 4. Claim. Applicant seeks to make absolute any amounts diverted in excess of 6005.54 af. The remainder of the conditional water right will remain conditional. 14CW3094 APPLICATION REJECTED, INCOMPLETE 14CW3095 PERRY PARK WATER AND SANITATION DISTRICT, a Colorado quasi municipal corporation, in Douglas County. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN DOUGLAS COUNTY. Name, address, and telephone number of Applicant: Perry Park Water and Sanitation District, C/O Alan G. Hill, Yates Law Firm, LLC, 303 E. 17th Ave., Denver, CO 80203, 303-

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722-2810. Description of water right for which diligence is claimed: Name of structure: Waucondah #2 Reservoir. Legal Description: Located in the SE1/4 of the SE1/4 of Section 15, Township 9 South, Range 68 West of the 6th P.M., Douglas County, Colorado. The axis of the right abutment of the dam is located North 39° West, 1,700 feet from the SE corner of said Section 15 Source of water: Bear Creek, a tributary of West Plum Creek. Date of appropriation: June 30, 1982. Originally decreed: May 12, 1986 in Case No. 83CW344, and reasonable diligence found in 90CW21, 99CW75 and 06CW21. Amount of water: 175 acre feet – Conditional. Use of water: Municipal, irrigation, domestic, fire protection, recreation, piscatorial, power production and as replacement storage under Court-approved augmentation plan. Detailed outline of what has been done toward completion, for completion of the appropriations, and application of water to a beneficial use as conditionally decreed: Applicant has incurred substantial expense for engineering and geological work performed toward the development of the Applicant’s water system. Specifically, Applicant negotiated, evaluated, appraised and purchased land that may be used for the construction of a reservoir for water storage rights conditionally decreed to Waucondah #2 Reservoir. Applicant has continued to develop other water rights owned by it, including, but not limited to, changing the use of water rights decreed to the Pleasant Park Ditch to municipal and other uses, and for storage in Waucondah #2 Reservoir. In addition, Applicant has opposed applications filed by others to protect the rights decreed to the Waucondah #2 Reservoir. Expenses for engineering, geological and legal work during the diligence period exceeds $580,580. Applicant has also had continuing negotiations with landowners and potential land developers in the Applicant’s service area in an effort to provide for water service for existing and potential development. Work has also been done on other elements within the Applicant’s integrated water supply system, including construction of facilities, all of which evidences Applicant’s reasonable diligence toward the development of the conditional water right described herein. WHEREFORE, Applicant requests that the Court find reasonable diligence in the development of Waucondah #2 Reservoir, and continue the conditional decree for said structure for the statutory period. 14CW3096 JAHAMIN GANDOMCAR, ATTN: Theresa Jehn-Dellaport, 1746 Cole Boulevard, Suite 340, Lakewood, CO 80401-3208. Telephone: 720.524.4294. Robert E. Schween, Robert E. Schween, P.C., 62489 E. Border Rock Road, Tucson, AZ 85739. Telephone: 303.995.7870. APPLICATION FOR CORRECTION OF AN ESTABLISHED BUT ERRONEOUSLY DESCRIBED POINT OF DIVERSION (WITHDRAWAL) PURSUANT TO SECTION 37-92-305(3.6), C.R.S., in DOUGLAS COUNTY. Mr. Gandomcar is the owner of decreed alternate points of diversion, the Woodhouse Well No. 14278, originally decreed in Case No. W-3419 (Water Division 1), and the Charles T. Newmarch Ditch, originally decreed in the Decree of December 10, 1883. The well is commonly called the Woodhouse Sump. 2. Name of Structures: A. Woodhouse Well No. 14278. B. Charles T. Newmarch Ditch. 3. Background: A. Decree. The Water Court entered a decree for the Woodhouse Well No. 14278 (“Well No. 14278”) and the Charles T. Newmarch Ditch (“Newmarch Ditch”) as an alternate point of diversion for Well No. 14278, in Case No. W-3419 on January 16, 1981. B. Diversion Rate. Both Well No. 14278 and the Charles T. Newmarch Ditch were decreed for a rate of flow of 0.89 cfs. C. Use. (1) Well No. 14278: Irrigation of 30 acres in the E1/2 of the NW1/4 of Section 10. (2) Newmarch Ditch: Irrigation of 45 acres in the E1/2 of the NW1/4 and the SE1/4 of Section 10. D. Dates of Appropriation. (1) Well No. 14278: July 1, 1954. (2) Newmarch Ditch: April 30, 1873, as decreed on December 10, 1883. B. Decreed Locations. It has recently been discovered that the locations for both Well No. 14278, as stated in the Case No. W-3419 decree, and the Newmarch Ditch, as stated in the Decree of December 10, 1883, were inaccurate. Accordingly, Applicant files this application for a correction of an established but erroneously described point of diversion for both structures. 4. Application for Correction of Established Point of Withdrawal for Woodhouse Well No. 14278 Pursuant to Section 37-92-305(3.6). C.R.S.: A. Previously Decreed Locations. (1) The previously decreed location for Well No. 14278 was: At a point which bears 37° West, 2500 feet to the NW1/4 , in the SE1/4 of the NW1/4 of Section 10, Township 7 South, Range 68 West of the 6th P.M., Douglas County. See Decree in Case No. W-3419, attached hereto as Exhibit A-1. (2) The previously decreed location for the Newmarch Ditch was: The SE1/4 of Section 10, Township 7 South, Range 68 West of the 6th P.M. See Decree of December 10, 1883, pertinent portion attached as Exhibit A-2. B. Corrected Locations. (1) The

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correct location for the Well No. 14278 is: At a point 1690 feet from the North section line and 2438 feet from the West section line in the SE1/4 of the NW1/4, Section 10, Township 7 South, Range 68 West of the 6th P.M., in Douglas County. (2) The correct location for the Newmarch Ditch is: At a point 1841 feet from the North section line and 2421 feet from the East section line in the SW1/4 of the NE1/4, Section 10, Township 7 South, Range 68 West of the 6th P.M., in Douglas County. See Exhibit B, General Location Map, and Exhibit C, Site Location Map. C. Claim For Correction of Established Points of Diversion (Withdrawal). Applicant seeks a Correction Decree of the Court finding that the locations of Well No. 14278 and the Newmarch Ditch, as established in their original decrees, are corrected to reflect the actual locations of the structures, as indicated above. In support of this application, Applicant states that – (1) The previously decreed locations for both the Well No. 14278 and the Newmarch Ditch points of diversion have been heretofore erroneously described; (2) Neither Well No. 14278 nor the Newmarch Ditch structures are located at the erroneously described location; (3) The correction in an established but erroneously described point of diversion or withdrawal will not cause an enlargement of the use associated with the decreed water right and will not injuriously affect the owner of or persons entitled to use water under a vested water right or a decreed conditional water right; and (4) This application does not seek in any way to re-quantify the water right for which the erroneously described point of diversion or withdrawal is being corrected; and (5) This application does not seek in any way to change the Woodhouse Well No. 14278 as an alternate point of diversion for the Newmarch Ditch. D. Verification of Facts Stated Herein. See Affidavits of Mr. Jahabin Gandomcar, attached hereto as Exhibits D-1 and D-2. WHEREFORE, Pursuant to Section 37-92-305(3.6), C.R.S., Applicant requests this Court to enter a Correction Decree granting the application herein and finding specifically that the established point of withdrawal of the Woodhouse Well No. 14278 and established point of diversion for the Charles T. Newmarch Ditch are corrected to reflect each structure’s actual location. FURTHER, Applicant requests this Court grant such other relief that it deems proper in this matter. (4 pages.) 14CW3097, Casey Mehl, 4561 High Spring Road, Castle Rock, CO 80104 (James J. Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY SOURCE AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NOT NONTRIBUTARY UPPER DAWSON AQUIFER, ELBERT COUNTY. Subject Property: 10 acres being Lot 3, Pike View Farms 5 Minor Development, generally located in the S1/2 of Section 10, T9S, R65W of the 6th P.M., Elbert County, as shown on Attachment A hereto ("Subject Property"). Upper Dawson aquifer is not nontributary as described in Section 37-90-103(10.7), C.R.S. Estimated Amount: In Case No. 02CW246, the Upper Dawson aquifer groundwater underlying the Subject Property was decreed, except for 2.4 acre-feet per year which was reserved for use through exempt wells. This application requests that the 2.4 acre-feet previously reserved be decreed herein. Proposed Use Domestic, including inhouse use, commercial, irrigation, livestock watering, fire protection, and augmentation purposes. Description of plan for augmentation: Groundwater to be augmented: 1 acre-foot per year over a 300 year period of not nontributary Upper Dawson aquifer groundwater to be decreed herein, and as decreed in Case No. 2002CW246, District Court, Water Division 1(2.7 acre-feet per year). Water rights to be used for augmentation: Return flows from the use of not nontributary Upper Dawson aquifer water and return flows and direct discharge of nontributary groundwater underlying the Subject Property as also decreed in Case No. 2002CW246. Statement of plan for augmentation: The 1 acre-foot per year will be used through a new well for in house use (0.4 acre-feet per year), irrigation of 7500 square-feet of home lawn and garden (0.45 acre-feet per year), and stock watering of four large domestic animals (0.05 acre-feet per year). Sewage treatment for in house use will be provided by a non-evaporative septic system and return flow from in house and irrigation use will be approximately 90% and 15% of that use, respectively. Water used for stock watering is considered to be 100% consumed. During pumping Applicant will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c), C.R.S. Applicant estimates that depletions occur to the Cherry Creek stream system. Return flows from use of the subject water rights from in house use through nonevaporative septic systems and from irrigation use, will accrue to the South Platte River system via

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Cherry Creek and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicant will reserve an equal amount of nontributary groundwater underlying the Subject Property to meet augmentation requirements. Further, Applicant prays that this Court grant the application and for such other relief as seems proper in the premises. (5 pages). 14CW3098 Rampart Range Metropolitan District No. 1; Parker Water and Sanitation District. APPLICATION FOR CHANGES OF NONTRIBUTARY GROUNDWATER RIGHTS in DOUGLAS COUNTY. Rampart Range Metropolitan District No. 1, Denise Denslow, Senior Manager; Clifton Larson Allen LLP; 8390 E. Crescent Parkway, Suite 500, Greenwood Village, CO 80111; (303) 779-5710; c/o Stephen H. Leonhardt and Sarah M. Shechter, Attorneys for Applicant, Rampart Range Metropolitan District No. 1; Burns, Figa & Will, P.C.; 6400 S. Fiddlers Green Circle, Suite 1000, Greenwood Village, CO 80111, (303) 796-2626. Parker Water and Sanitation District, c/o Ron Redd, District Manager; 19801 East Mainstreet, Parker, CO 80134, (303) 841-4627; c/o of Robert F.T. Krassa, Attorneys for Applicant, Parker Water and Sanitation District; Krassa & Miller, LLC; 2344 Spruce Street, Suite A, Boulder, CO 80302; (303) 442-2156. 1. Purpose of Application: The purpose of this Application is to adjudicate alternate point of diversion wells in the nontributary Arapahoe Aquifer for Well Nos. RRC-1 – RRC-3 and RCC-5 – RCC-12 and a replacement and/or alternate point of diversion well for Well No. RRC-9 as described below and pursuant to the 2011 decree entered in Case No. 03CW258 (“03CW258 Decree”). Well Nos. RRC-1 – RRC-12 were originally adjudicated to withdraw groundwater from the nontributary Arapahoe Aquifer in Case No. W-8033-75. Additional nontributary water rights underlying certain lands located in Douglas County, Colorado, located in Sections 13, 14, 15, 21, 23, and 24, Township 6 South, Range 67 West in Douglas County in the Arapahoe Aquifer were decreed in Case No. 83CW333 to be withdrawn from Well Nos. RRC-6 and RRC-7. The 03CW258 Decree provides for adjudication of alternate points of diversion and replacement wells for Well Nos. RRC-1 – RRC-12 consistent with the procedures in paragraph 11.A.v. and terms and conditions in paragraph 11.B of the 03CW258 Decree. 2. Well Construction: This Application does not require the construction of a well within the meaning of C.R.S. § 37-92-302(2). 3. Jurisdiction: This Court has jurisdiction over the subject matter of this Application pursuant C.R.S. §§ 37-92-203(1), 37-92-302(2), and 37-90-137(6). Existing Water Rights: Description of Current Decreed Wells and Water Rights for Which Changes Are Sought: Previous Decrees: Case No. W-8033-75: Well Nos. RRC-1 through RRC-12, as described below, were initially decreed in Case No. W-8033-75, Water Division 1, decree entered on May 31, 1977 (“W-8033-75 Decree”), with an appropriation date of December 6, 1972 for all wells. The W-8033-75 Decree was recorded with the Clerk and Recorder of Douglas County, Colorado on October 4, 1985, at Book 599, page 532, Reception No. 364038. Case No. 83CW333: Well Nos. RRC-6 and RRC-7 were decreed for withdrawal of additional amounts pursuant to the then-current version of C.R.S. § 37-90-137(4), which had been enacted by Senate Bill 213 (1973) and is referred to in this Application as “Senate Bill 213,” in Case No. 83CW333, decree entered on June 24, 1985 (“83CW333 Decree”). The lands involved in Case No. 83CW333 are more particularly described on Exhibit A to the decree entered in that case on June 24, 1985 and include but are not limited to the 3,514 acres generally depicted on the map attached as Exhibit 1 and referred to in this Application as the “RidgeGate Property.” The 83CW333 Decree was recorded with the Clerk and Recorder of Douglas County, Colorado on October 4, 1985 at Book 599, page 554, at Reception No. 364040. Case No. 98CW459: Applicants’ interest in the water right initially decreed to Well No. RRC-4 was changed to Well Nos. RRC-6 and RRC-7 as alternate points of diversion for 125.8 acre-feet/year from Well No. RRC-4, in addition to the amounts previously decreed to those wells, by decree in Case No. 98CW459, Water Division 1, entered on June 21, 2000 (“98CW459 Decree”), which was recorded with the Clerk and Recorder of Douglas County, Colorado on January 23, 2006 at Reception No. 2006006233. Case No. 03CW258: The 03CW258 Decree, recorded with the Clerk and Recorder of Douglas County, Colorado on August 16, 2011 at Reception No. 2011049519, corrected the decreed point of diversion for Well No. RRC-1; adjudicated specific future alternate point of diversion or replacement wells; and approved Parker’s request to withdraw the previously decreed annual volumes of water from the Arapahoe Aquifer

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through the existing Well Nos. RRC-1 – RRC-12 as described below in Table 4 and through specific alternate point of diversion wells as described below in Table 3. The 03CW258 Decree also allows Parker to: (1) construct other Arapahoe Aquifer wells on the RidgeGate Property using procedures specified in the 03CW258 Decree and (2) obtain approval of specific alternate point of diversion or replacement wells as follows: Paragraph 11.A.v of the 03CW258 Decree allows Parker and Rampart to seek a subsequent decree for further changes of the water rights decreed to Well Nos. RRC-1 – RRC-12 to identify specific locations of alternate point of diversion or replacement wells, which subsequent decree shall, at a minimum, contain terms and conditions at least as restrictive and not otherwise inconsistent with the terms and conditions contained in the 03CW258 Decree, including but not limited to those set forth in paragraph 11 of the 03CW258 Decree, and upon a showing of non-injury to other water rights pursuant to C.R.S. § 37-92-305(3)(a). Parker may obtain permits for further alternate point of diversion wells, each to be used in addition to one or more original wells, to obtain the annual amount decreed to the original well or wells for which the alternate point of diversion well is constructed. To maintain production levels, Parker may obtain replacement well permits pursuant to C.R.S. § 37-90-103(13), for replacement wells located upon the RidgeGate Property and completed into the Arapahoe Aquifer for replacements to Well Nos. RRC-1 – RRC-3 and RRC-5 – RCC-12. Parker will apply to the State Engineer for permits for such replacement wells. Each replacement well shall be a replacement well for only one original well completed in the Arapahoe Aquifer. Nothing in this paragraph 0 is intended to amend or to request any amendments to any existing decrees. Existing Decreed Locations and Decreed Amounts: The W-8033-75 Decree adjudicated water rights in the nontributary Arapahoe Aquifer for Well Nos. RRC-1 − RRC-12, which were initiated prior to the passage of Senate Bill 213 (1973). The 83CW333 Decree adjudicated additional rights in the nontributary Arapahoe Aquifer pursuant to Senate Bill 213 to be withdrawn through Well Nos. RRC-6 and RRC-7. All of the water rights at issue in this Application were determined by adjudication prior to the effective date of Senate Bill 5 (1985). Applicants’ interest in the water right for Well No. RRC-4 was changed in the 98CW459 Decree, and the 03CW258 Decree approved further changes of water rights for Well Nos. RRC-1 – RRC-12. The water rights for Well Nos. RRC-1 through RRC-12 were originally decreed in Case No. W-8033-75 as summarized in the following Table 1. All amounts are decreed for withdrawal of groundwater from the Arapahoe Aquifer, except for Well Nos. RRC-1 and RRC-2, which are dually completed and decreed in both the Denver and Arapahoe Aquifers, with decreed amounts of water available from each aquifer as indicated in Table 1 below:

TABLE 1

WELL NO.

PERMIT DECREED LOCATION SOURCE DECREED AMOUNT/ FLOW RATE

RRC-1 018734F/ 018742F

SE1/4 of SE1/4 of Section 13, Township 6 South, Range 67 West of the 6th P.M., Douglas County, Colorado, 736 feet North and 746 feet West of the SE corner of said Section 13* *location as changed in Case No. 03CW258

Denver & Arapahoe

400 acre-feet/year, 0.67 c.f.s. (of this volume, the well permits show 180 a.f./year attributable to the Arapahoe Aquifer, and 220 a.f./year attributable to the Denver Aquifer)

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WELL NO.

PERMIT DECREED LOCATION SOURCE DECREED AMOUNT/ FLOW RATE

RRC-2 018732F/ 018737F

SE1/4 of NE1/4 of Section 15, Township 6 South, Range 67 West of the 6th P.M., Douglas County, Colorado, 2,125 feet South and 525 feet West of the NE corner of said Section 15

Denver & Arapahoe

420 acre-feet/year, 0.67 c.f.s. (of this volume, the well permits show 200 a.f./year attributable to the Arapahoe Aquifer, and 220 a.f./year attributable to the Denver Aquifer)

RRC-3 018731F NW1/4 of NW1/4 of Section 15, Township 6 South, Range 67 West of the 6th P.M., Douglas County, Colorado, 100 feet South and 200 feet East of the NW corner of said Section 15

Arapahoe 240 acre-feet/year, 0.67 c.f.s.

RRC-4 018733F NE1/4 of NE1/4 of Section 14, Township 6 South, Range 67 West of the 6th P.M., Douglas County, Colorado, 148 feet South and 1,218 feet West of the NE corner of said Section 14 (See Note 1 below)

Arapahoe 125.8 acre-feet/year, 0.78 c.f.s. (see Note 1 below)

RRC-5 018724F NE1/4 of NE1/4 of Section 13, Township 6 South, Range 67 West of the 6th P.M., Douglas County, Colorado, 150 feet South and 150 feet West of the NE corner of said Section 13


RRC-6 018725F NW1/4 of NW1/4 of Section 24, Township 6 South, Range 67 West of the 6th P.M., Douglas County, Colorado, 350 feet South and 250 feet East of the NW corner of said Section 24

Arapahoe 462.3 acre-feet/year, 0.67 c.f.s. (see Table 2 below)

RRC-7 018729F NW1/4 of NW1/4 of Section 23, Township 6 South, Range 67 West of the 6th P.M., Douglas County, Colorado, 700 feet South and 1,100 feet East of the NW corner of said Section 23

Arapahoe 472.3 acre-feet/year, 0.67 c.f.s. (see Table 2 below)

RRC-8 018727F NW1/4 of NW1/4 of Section 22, Township 6 South, Range 67 West of the 6th P.M., Douglas County, Colorado, 1,100 feet South and 100 feet East of the NW corner of said Section 22


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RRC-9 018730F SW1/4 of SE1/4 of Section 21, Township 6 South, Range 67 West of the 6th P.M., Douglas County, Colorado, 50 feet North and 2,100 feet West of the SE corner of said Section 21






RRC-12 018723F SE1/4 of SE1/4 of Section 24, Township 6 South, Range 67 West of the 6th P.M., Douglas County, Colorado, 650 feet North and 950 feet West of the SE corner of said Section 24


Note 1: Well No. RRC-4 was decreed in Case No. W-8033-75 to divert 425 a.f./year. By subsequent agreement of Colony with Meridian Metropolitan District, Parker’s ownership in this water right (as Colony’s successor in sinterest) is limited to 125.8 a.f./year. A previous change of water rights for Colony’s (now Parker’s) interest in Well No. RRC- 4 was decreed in Case No. 98CW459. The 98CW459 Decree also corrected the location for Well No. RRC-4 (as decreed in Case No. W-8033-75) to reflect the actual surveyed location as set forth above. Table 2 shows the additional amounts and changes previously decreed in Case Nos. 83CW333 and 98CW459.

TABLE 2

WELL NO.

INITIAL DECREED AMOUNTS W-8033-75 (Pumping rates – see Note 1)

ADDITIONAL DECREED AMOUNTS, 83CW333 (see Note 3)

CHANGE DECREE 98CW459

TOTAL AMOUNT CURRENTLY DECREED

RRC-4 425 acre-feet/year, 0.78 c.f.s.

N/A 125.8 acre-feet/year (may be withdrawn through alternate points or replacement well for RRC-4)

see Note 2 below

RRC-6 180 acre-feet/year, 0.67 c.f.s.

156.5 a.f./yr; 0.67 c.f.s

125.8 acre-feet/year (from RRC-4)

462.3 acre-feet/year (see Note 3 below)

RRC-7 190 acre-feet/year, 156.5 a.f./yr; 125.8 acre-feet/year 472.3 acre-

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0.67 c.f.s. 0.67 c.f.s (from RRC-4) feet/year (see Note 3, below)

Note 1: The pumping rates decreed for Well Nos. RRC-6 and RRC-7 in Case Nos. W-8033- 75 and 83CW333 are 300 gallons per minute (0.67 cfs) for each well. Pursuant to the 98CW459 Decree, Parker may exceed any pumping rates decreed or estimated for Well Nos. RRC-6 and RRC-7 in Case Nos. W-8033-75 and 83CW333, to the extent necessary to obtain its full entitlement of groundwater as decreed therein, provided that Parker obtains a well permit for each well which allows such pumping rate. Note 2: Well No. RRC-4 was decreed in Case No. W-8033-75 to divert 425 a.f./year. By subsequent agreement of Colony with Meridian Metropolitan District, Parker’s ownership in this water right (as Colony’s successor in interest) is limited to 125.8 a.f./year. A previous change of water rights for Parker’s interest in Well No. RRC-4 was decreed in Case No. 98CW459. Note 3: Well Nos. RRC-6 and RRC-7 may be operated as alternate points of diversion (a) pursuant to the 83CW333 Decree for the 313 acre-feet/year of additional water decreed therein, and (b) pursuant to the 98CW459 Decree for Parker’s portion of the groundwater previously decreed to Well No. RRC-4. As decreed in Case No. 98CW459, a total of 808.8 acre-feet per year under the rights previously decreed to the three wells described above in paragraph 8.F may be withdrawn through Well Nos. RRC-6 and RRC-7, through any permitted replacement well for Well No. RRC-4, and through such additional wells as may be required in order to maintain the decreed annual appropriation. While these wells may be used as alternate points of diversion, withdrawals from each individual well currently are limited to the amounts reflected in Table 2 as “Total Decreed Currently.” Pursuant to the 83CW333 Decree, Well Nos. RRC-6 and RRC-7 are decreed as alternate points of diversion for each other’s water rights (313 a.f./yr combined) decreed therein, provided that (a) the annual withdrawal for each well shall not exceed 125% of the additional annual quantity decreed to each such well in the 83CW333 Decree, (b) in any 5 year period the total amount of water pumped from any one well under the 83CW333 Decree shall not exceed 5 times the annual appropriation decreed to each such well in the 83CW333 Decree, and (c) the total amount of water withdrawn from the Arapahoe Aquifer under the 83CW333 Decree in any one year by these two wells shall not exceed 313 acre-feet. The 313 acre-feet/year of additional water rights may be withdrawn through Well Nos. RRC-6 and RRC-7, and through such additional wells as may be required in order to maintain the annual appropriation decreed in the 83CW333 Decree. Note 4: Only the 313 acre-feet/year of water rights adjudicated in Case No. 83CW333 are subject to limited banking as provided in paragraph 16 of the 83CW333 Decree. Specific alternate point of diversion or replacement well locations in the Arapahoe Aquifer were approved in the 03CW258 Decree as described in Table 3, below.

TABLE 3

WELL NO. WELL LOCATION ALT. P.O.D./ REPLACEMENT WELL FOR:

RRC-2 (A) SW1/4 SE1/4 of Section 15, Township 6 South, Range 67 West, 6th P.M., 653 feet North and 1,473 feet West of the SE corner of said Section 15.

RRC-2

RRC-3 (C) NW1/4 SW1/4 of Section 15, Township 6 South, Range 67 West, 6th P.M., 1948 feet North and 1,223 feet East of the SW corner of said Section 15.

RRC-3

RRC-5 (A) NE1/4 NE1/4 of Section 13, Township 6 South, Range 67 West, 6th P.M., 485 feet South and 216 feet West of the NE corner of said Section 13.

RRC-5

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The 03CW258 Decree provides that a larger withdrawal amount from certain wells, up to the maximum amount as shown in Table 4 below, may be withdrawn in one of every five consecutive years. The maximum withdrawal amounts for such wells, limited to one of every five years, allow Parker to withdraw its full annual entitlement even in years when one or more wells may be inoperable, by increasing the pumping of other wells pursuant to the terms and conditions of the 03CW258 Decree.

TABLE 4

WELL NO. SOURCE NORMAL ANNUAL WITHDRAWAL

MAXIMUM 1 YEAR OUT OF 5 (See Notes 1 and 2)

af/year Pumping Rate af/year Pumping Rate (see Note 3)

RRC-1 Arapahoe 180 0.67 c.f.s. (300 gpm) 424 300 gpm RRC-2 Arapahoe 200 0.67 c.f.s. (300 gpm) 424 300 gpm RRC-3 Arapahoe 240 0.67 c.f.s. (300 gpm) 424 300 gpm RRC-5 Arapahoe 190 0.67 c.f.s. (300 gpm) 424 300 gpm RRC-6 Arapahoe 399 0.67 c.f.s. (300 gpm) 501.4 300 gpm RRC-7 Arapahoe 410 0.67 c.f.s. (300 gpm) 511.4 300 gpm RRC-8 Arapahoe 240 0.67 c.f.s. (300 gpm) 424 300 gpm RRC-9 Arapahoe 190 0.67 c.f.s. (300 gpm) Not to exceed

normal annual volume of 190

Not to exceed normal flow rate of 300 gpm

RRC-10 Arapahoe 240 0.67 c.f.s. (300 gpm) 424 300 gpm RRC-11 Arapahoe 240 0.67 c.f.s. (300 gpm) 424 300 gpm RRC-12 Arapahoe 425 0.78 c.f.s. (350 gpm) 425 350 gpm Note 1: According to the 03CW258 Decree, the combination of wells pumping shall not exceed 2,954 a.f./year from the Arapahoe Aquifer. The combination of any two of the Well Nos. RRC-2, RRC-3 and RRC-5 will not exceed 800 a.f./year from the Arapahoe Aquifer in a normal year, with the third well continuing to pump the decreed rate. Note 2: The maximum annual amounts shown are those currently allowed by the 83CW333 Decree and the 98CW459 Decree for Well Nos. RRC-6 and RRC-7, including the provision in the 83CW333 Decree for maximum annual withdrawal through each well of up to 125% of the annual amount decreed therein. As decreed in Case No. 98CW459, combined pumping of Well Nos. RRC-6 and RRC-7 is limited to a maximum of 808.8 acre-feet per year. Note 3: As decreed in Case No. 98CW459 (¶9(c)), Parker may exceed the pumping rates decreed or estimated for Well Nos. RRC-6 and RRC-7, to the extent necessary to obtain its full entitlement of groundwater as decreed therein, provided that Parker obtains a well permit for each well that allows such pumping rate. Decreed Uses: Well Nos. RRC-1 – RRC-12 were decreed in Case Nos. W-8033-75 and 83CW333 for municipal purposes. Pursuant to the 03CW258 Decree, these water rights may be used at all locations served by Parker’s municipal water system, and may be reused and successively used to extinction. Co-Applicants are not seeking to change the previously decreed uses of the water rights that are the subject of this Application. Well Permits: Well permits for Well Nos. RRC-1 through RRC-12 have been issued, as described above in Table 1. Proposed Changes. Alternate Point of Diversion and/or Replacement Wells Requested: Co-Applicants seek to add alternate point of diversion wells for Well Nos. RRC-1 – RRC-3

RRC-7 (A) NE1/4 NW1/4 of Section 23, Township 6 South, Range 67 West, 6th P.M., 958 feet South and 1,359 feet East of the NW corner of said Section 23.

RRC-7

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and RRC-5 – RRC-12, listed above, at the following locations. The pumping rates for Well Nos. A-13, A-14, A-16, and A-17 may exceed any pumping rate decreed or estimated for Well Nos. RRC-1 – RRC-3 and RRC-5 – RRC-12 in Case No. 03CW258 and described above in Table 4, to the extent necessary to obtain the full entitlement of groundwater recognized in the 03CW258 Decree. Well No. A-13: Located in the SE1/4 of the SW1/4 of Section 14, Township 6 South, Range 67 West of the 6th P.M., 295 feet from the South section line and 2,535 feet from the West section line of said Section 14, for up to 750 a.f. per year to be withdrawn from the nontributary Arapahoe Aquifer with a maximum pumping rate of 800 g.p.m. Well No. A-14: Located in the SE1/4 of the SE1/4 of Section 14, Township 6 South, Range 67 West of the 6th P.M., 535 feet from the South section line and 350 feet from the East section line of said Section 14, for up to 750 a.f. per year to be withdrawn from the nontributary Arapahoe Aquifer with a maximum pumping rate of 800 g.p.m. Well No. A-16: Located in the SW1/4 of the NW1/4 of Section 23, Township 6 South, Range 67 West of the 6th P.M., 2,630 feet from the North section line and 150 feet from the West section line of said Section 23, for up to 750 a.f. per year to be withdrawn from the nontributary Arapahoe Aquifer with a maximum pumping rate of 800 g.p.m. Well No. A-17: Located in the SE1/4 of the NW1/4 of Section 24, Township 6 South, Range 67 West of the 6th P.M., 2,500 feet from the North section line and 1,825 feet from the West section line of said Section 24, for up to 750 a.f. per year to be withdrawn from the nontributary Arapahoe Aquifer with a maximum pumping rate of 800 g.p.m. Well No. A-19: Located in the SW1/4 of the NE1/4 of Section 22, T6S, R67W, 6th PM. approximately 2,365 feet from the North section line and 1,630 feet from the East section line of said Section 22, for up to 500 gpm and 240 a.f. per year to be withdrawn from the nontributary Arapahoe Aquifer. Well No. A-20: Located in the NW1/4 of the NE1/4 of Section 22, T6S, R67W, 6th PM., approximately 575 feet from the North section line and 2,405 feet from the East section line of said Section 22, for up to 500 gpm and 240 a.f. per year to be withdrawn from the nontributary Arapahoe Aquifer. Co-Applicants seek to adjudicate Well No. RRC-9(A) as a replacement and/or alternate point of diversion well for Well No. RRC-9, originally decreed in Case No. W-8033-75 to withdraw 0.67 c.f.s. (300 g.p.m.) and 190 a.f. per year from the Arapahoe Aquifer. Well No. RRC-9(A) will be located approximately 846 feet from the South Section Line and 1,220 feet from the West Section Line in the SW 1/4 of the SW1/4 of Section 22, Township 6 South, Range 67 West of the 6th P.M. Well Nos. RRC-1 – RRC-3, RRC-5 – RRC-12, and all alternate point of diversion and replacement wells requested in this Application are located on the RidgeGate Property. Landowners: In addition to the co-Applicants, RidgeGate Investments, Inc., c/o Coventry Development Corporation – Colorado, 10270 Commonwealth St., Suite B, Lone Tree, CO 80124, may own land upon which any of the wells listed above will be constructed. Ownership: Parker is entitled to withdraw and use the groundwater described in this Application by virtue of its ownership of water rights decreed in Case Nos. W-8033-75, 83CW333, 98CW459, and 03CW258. Parker either owns or has obtained easements for access and use of each existing well depicted on the map attached as Exhibit 1, and Rampart is contractually obligated to convey to Parker such rights for the future wells. In this Application, Co-Applicants do not request any change to the annual amounts or flow rates previously decreed for Well Nos. RRC-1 – RRC-3 and RRC-5 – RRC-12, described above. The water produced by the wells described in this Application was decreed for use in W-8033-75, 83CW333, 98CW459, and 03CW258 to be used for a single water system to be constructed over several years, with the period of time during which the system will be constructed on the RidgeGate Property to be controlled by the rate at which the municipal uses of the water may be required. The above-described alternate point of diversion and/or replacement Well Nos. A-13, A-14, A-16, A-17, A-19, A-20, and RRC-9(A) may be used similarly in the single water system to be constructed over several years. Terms and Conditions: To avoid injury to other water rights and consistent with the 03CW258 Decree, the wells described in paragraph 4 above will be operated and used in accordance with the following terms and conditions: Any well drilled within 200 feet of the decreed location will be deemed to be constructed at the decreed well location pursuant to the permit and any decree entered in this case. Nothing in this Application will limit Parker’s right, as described in paragraph 11 of the 03CW258 Decree, to construct other wells located on the RidgeGate Property and completed into the Arapahoe Aquifer to maintain levels of production and to recover the entire amount of Arapahoe Aquifer

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water decreed to Well Nos. RRC-1 – RRC-12. Any such well shall be subject to all terms and conditions of the 03CW258 Decree, including but not limited to those set forth in paragraph 11 of that Decree. The total annual amount of water withdrawn from the Arapahoe Aquifer through all wells located on the RidgeGate Property pursuant to this Decree and the previous decrees for the Subject Water Rights shall not exceed the previously decreed total annual amount for the Subject Water Rights, which is 2,954 acre-feet. Annual withdrawals from individual wells shall be limited as set forth in this Application. Any replacement well for Well No. RRC-9 constructed pursuant to this Application shall be subject to the annual withdrawal limitations set forth in Table 4 for the original Well No. RRC-9. As each well is planned, Parker shall apply to the State Engineer for an appropriate well permit. Applicants request the Court to order that in considering any well permit applications, the State Engineer shall be governed by the Findings of Fact, Conclusions of Law, and Decree that may result from this Application and shall issue said permits in accordance with the provisions of such decree and C.R.S. § 37-90-137(10) C.R.S., and that Parker shall not be required to submit any additional proof or evidence of matters finally determined in such decree when applying permits for well to withdraw the water rights confirmed in the decree. The Applicants further request the Court to order that any failure to construct a well necessary to produce groundwater within the period of time specified in any well permit shall not be deemed to extinguish the underlying right to water. As alternate point of diversion wells located east of Interstate 25, Well Nos. A-13, A-14, A-16, and A-17 each will withdraw an annual maximum of no more than 750 a.f. from the Arapahoe Aquifer at a maximum pumping rate of 800 g.p.m. As alternate point of diversion wells located west of Interstate 25, Well Nos. A-19 and A-20 each will withdraw at a maximum pumping rate of 500 gpm an annual maximum of no more than 240 acre-feet from the Arapahoe Aquifer, except that up to 424 acre-feet may be withdrawn in one of every five years. Records. Parker will maintain such records and make such measurements of water as may be reasonably required by the Division Engineer. Pursuant to an agreement between Colony and Meridian Metropolitan District and Meridian Associates West (collectively “Meridian”), the rights and obligations from which Parker has assumed, the following limitations apply as between Parker and Meridian: Parker may withdraw an annual average total of 2,954 acre-feet from the Arapahoe Aquifer, subject to combined annual limits and related provisions of the previous decrees described above, including but not limited to any right under such previous decrees to withdraw additional amounts based on banking or retained jurisdiction to adjust amounts. In no more than one year out of every five, for each of Well Nos. RRC-2, RRC-3, and RRC-5, Parker may withdraw a maximum of 424 acre-feet from the Arapahoe Aquifer at 300 gallons per minute. In all other years, Parker may withdraw a maximum of 800 acre-feet combined from the Arapahoe Aquifer from any two of Well Nos. RRC-2, RRC-3, and RRC-5, with Parker’s remaining wells listed in the 03CW258 Decree and this Application continuing to pump their decreed amounts consistent with the terms previously decreed and the terms described in this Application for the proposed new wells. All decrees mentioned in this Application may be inspected at the office of the Clerk of the Water Court, and all recorded documents mentioned in this Application may be inspected at the office of the Douglas County Clerk and Recorder. Water Service Entitlements: Nothing in this Application is intended to create any implication that granting the Application will affect the entitlement of any person to receive water service from Parker. Rights to water service will continue to be governed by the applicable Inclusion Agreements, other Contracts and Agreements, and Parker’s Rules and Regulations. Non-Injury: No injury will occur to the owner of any vested or conditionally decreed water right from the granting of this Application. Number of pages in Application: 17. 14CW3099, Robert L. and Stephanie Carol Collins, 11011 Anderson Ave., Franktown, CO 80116 (Kara N. Godbehere, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS,DOUGLAS COUNTY. Subject Property: 35 acres generally located in the S1/2SW1/4 of Section 33, T8S, R65W of the 6th P.M., as described and shown

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on Attachment A hereto ("Subject Property"). Source of Water Rights: The Upper Dawson aquifer is not nontributary as described in Sections 37-90-103(10.7), C.R.S., and the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers are nontributary as described in Section 37-90-103(10.5), C.R.S. Estimated Amounts: Applicants estimate the following annual amounts are available: Upper Dawson: 11 acre-feet, Lower Dawson: 8 acre-feet, Denver: 12 acre-feet, Arapahoe: 15 acre-feet, Laramie-Fox Hills: 11 acre-feet. Proposed Use: Domestic, commercial, irrigation, livestock watering, fire protection, and augmentation purposes, including storage, both on and off the Subject Property. Description of plan for augmentation: Groundwater to be augmented: 11 acre-feet per year or all of the available Upper Dawson aquifer groundwater as requested herein. Water rights for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. Statement of plan for augmentation: The Upper Dawson aquifer water will be used for inhouse use in up to two single family residences (0.8 acre-feet), use in a barn (0.2 acre-feet), irrigation of lawn, garden, trees, pasture and hay on the Subject Property ( 8.8 acre-feet), stock watering of 16 large domestic animals (0.2 acre-feet), and storage (1 acre-foot), through new wells or existing well Permit No. 210962. Applicant reserves the right to revise these values and uses without having to amend the application or republish the same. Sewage treatment for inhouse use will be provided by non-evaporative septic systems and return flow from inhouse and irrigation use will be approximately 90% and 15% of that use, respectively. During pumping Applicants will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c.5), C.R.S. Applicant estimates that depletions occur to the Cherry Creek stream system. Return flows accrue to the South Platte River stream system, and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicants will reserve an equal amount of nontributary groundwater underlying the Subject Property to meet post pumping augmentation requirements. Further, Applicants pray that this Court grant the application and for such other relief as seems proper in the premises. (6 pages).

14CW3100 , Terrance and Judith Paul, 3787 Spring Valley Road, Boulder, Colorado 80304 (303) 284-4129, c/o Raymond L. Petros, Jr., David S. Hayes, Petros & White, LLC, 1999 Broadway, Suite 3200, Denver, Colorado 80202, (303) 825-1980, [email protected]. APPLICATION FOR UNDERGROUND WATER RIGHT AND APPROVAL OF PLAN FOR AUGMENTATION IN BOULDER COUNTY 2. Introduction: Applicants own a 2.53 acre parcel located at 3787 Spring Valley Road, in Boulder, Colorado. Two Mile Creek flows through the property, and is used as the source of water for irrigation of the parcel. By this Application, Applicants seek to adjudicate a conditional underground water right for a new gallery well structure constructed in the alluvium of Two Mile Creek, in the aftermath of the September 2013 flood event. In addition, Applicants seek approval of a plan for augmentation to replace out-of-priority diversions (surface and/or well) associated with irrigation of the parcel. Out-of-priority depletions will be replaced using fully-consumable return flows available in Two Mile Creek pursuant to a purchase contract, dated June 12, 2014, between Applicants and the Pine Brook Water District. II. CLAIM FOR CONDITIONAL UNDERGROUND WATER RIGHT. 3. Name of structure: Paul Gallery Well, constructed pursuant to monitoring well permit No. 289500. 4. Legal description: NE1/4 NW1/4 of Sec. 24, T1N, R71W, 6th P.M., Boulder County, Colorado, approximately 82 feet from the north section line and 1,559 feet from the west section line, alternately known as 3787 Spring Valley Road, Boulder, Colorado 80304, as depicted on the Overview Map attached hereto as Exhibit A. 5. Source of water: A. Two Mile Creek (a/k/a Two Mile Canon Creek) Alluvial Aquifer. B. Depth of well: 18 feet. 6. Amount: 25 gallons per minute, conditional; however, Applicants reserve the right to claim as absolute should water be legally diverted and placed to beneficial use during the pendency of this Application. 7. Date of appropriation: March 14, 2014 on which date there was a concurrence of intent to appropriate and overt acts in furtherance of such intent, including, without limitation, construction of the well structure. 8. Use: Irrigation of up to 2.53 acres, located at 3787 Spring Valley Road, Boulder, Colorado 80304 (a/k/a Lot 22, Spring Valley Estates). III. CLAIM FOR APPROVAL OF PLAN FOR AUGMENTATION. 9. Structures to be augmented: The following

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described structures are included in the plan for augmentation described herein (collectively, the “Augmented Structures”): A. The Paul Gallery Well, as described in Section II, above. B. The J.P. Maxwell Ditch, more fully described as follows: i. Decree: The original decree for the J.P. Maxwell Ditch was entered on September 28, 1953, in Civil Action No. 12111, District Court, Boulder County, Colorado. ii. Legal description: NE1/4 NW1/4 of Sec. 24, T1N, R71W, 6th P.M., Boulder County, Colorado, approximately 111 feet from the north section line and 1,653 feet from the west section line, as depicted on Exhibit A, and alternately described as a point whence the North quarter corner of Section 24, Township 1 North, Range 71 West of the 6th P.M. bears North 83⁰ 24’ East a distance of 1015 feet. iii. Appropriation date: May 1, 1906. iv. Amount: 6 c.f.s., absolute. v. Source: Two Mile Canon Creek. vi. Use: Irrigation. 10. Water rights to be used for augmentation: A. This plan for augmentation utilizes decreed fully-consumable return flows that are generated by use of water in the Pine Brook Water District (“Pine Brook”). Pine Brook’s water rights and the methodology for calculating the fully-consumable return flows are described in the decrees entered in Case No. 81CW466 and Consolidated Case Nos. 02CW333 & 03CW341, District Court, Water Division No. 1, Colorado. Copies of the decrees in the foregoing cases are attached to this Application as Exhibits B & C. B. Applicants have a contract to purchase from Pine Brook the rights to up to six (6) acre-feet per year of the fully-consumable return flows available to Pine Brook that accrue to Two Mile Creek below the Pine Brook Reservoir and above Applicants’ points of diversion. The dam for this reservoir is located at a point commencing at the center of Section 14, T1N, R71W, 6th P.M., Boulder County, Colorado, from which the West 1/4 corner of said Section 14 bears South 89° 53’ West, then South 71° West 900’, as depicted on Exhibit A. The reservoir and any water stored therein by Pine Brook will not be used for augmentation in this plan, and any water dedicated to and used pursuant to this plan will not be used or stored by Pine Brook. Sale of the fully-consumable return flows to Applicants and use of such water as a replacement source in the plan for augmentation described herein is specifically contemplated by Paragraphs 27 and 40 of the 81CW466 decree. 11. Complete statement of plan for augmentation: The Augmented Structures described above will be used for irrigation of up to 2.53 acres of land located at 3787 Spring Valley Road, Boulder, Colorado. When the Augmented Structures are out-of-priority, diversions will be replaced using the above-described Pine Brook return flows as an augmentation source. Replacements will be made above the point(s) of depletion, so no exchanges are necessary. Applicants will install measuring devices and will devise accounting forms to record all diversions, depletions and replacements made pursuant to this plan for augmentation as required by the decree entered pursuant to this Application and by the Division Engineer. This plan for augmentation will allow the out-of-priority operation of the Augmented Structures under the terms and conditions described herein in a manner that will prevent injury to vested water rights and decreed conditional water rights. The plan is similar to another plan, applied for by the Spring Valley Mutual Water Association, and recently approved and decreed by the Court in Case No. 10CW189 to replace depletions by wells in the Two Mile Creek. The water to be provided for augmentation shall be of a quality and quantity so as to meet the requirements for which the water has been used by senior downstream appropriators, and therefore meet the requirements of § 37-92-305(5), C.R.S. 12. 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: A. The Augmented Structures are located on the Applicants’ property. B. The replacement sources described above are owned by the Pine Brook Water District, whose address is 1903 Linden Drive, Boulder, Colorado 80304. WHEREFORE, Applicants respectfully request that the Court enter a judgment and decree that: A. Grants this Application; B. Confirms and approves the underground water right described in Section II, above; C. Approves the plan for augmentation described in Section III, above; D. Finds that the subject plan for augmentation will not injuriously affect the owners of or persons entitled to use water under a vested water right or decreed conditional water right; and E. Grants such other relief to Applicants as the Court deems just and proper.

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14CW3101, Donald C. and Laura J. Orris, 35558 County Road 13, Elizabeth, CO 80107 (Kara N. Godbehere, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES, CHANGE OF WATER RIGHTS, AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS, ELBERT COUNTY. Subject Property: 40 acres (Parcel A) and 36.8 acres (Parcel B) located in Section 6, T8S, R64W of the 6th P.M., as described and shown on Attachment A hereto. The Lower Dawson aquifer groundwater requested herein is located underlying both Parcel A and Parcel B, and the Upper Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifer groundwater requested herein is located only underlying Parcel B. Source of Water Rights: The Upper Dawson aquifer is not nontributary as described in Sections 37-90-103(10.7), C.R.S., and the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers are nontributary as described in Section 37-90-103(10.5), C.R.S. Estimated Amounts: Applicants estimate the following annual amounts are available: Upper Dawson: 6 acre-feet (annual amount reduced for Permit No. 166340), Lower Dawson: 13 acre-feet (total amount underlying Parcel A and B and includes groundwater associated with Well Permit No. 47702-F), Denver: 15 acre-feet, Arapahoe: 13 acre-feet, Laramie-Fox Hills: 10 acre-feet. Proposed Use: Domestic, commercial, irrigation, livestock watering, fire protection, and augmentation purposes, including storage, both on and off the Subject Property. Decree information for change: Case No. 12CW151, District Court, Water Division 1. Proposed change: Case No. 12CW151 decreed the Upper Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifer groundwater underlying Parcel B, which is contiguous to Parcel A. By this change, Applicants request that the annual amounts decreed in Case No.12CW151 and the same groundwater requested herein be combined for withdrawal through wells which may be located on either Parcel A and/or B. Case No. 12CW15 also decreed a plan for augmentation to allow additional use of up to 6.8 acre-feet per year of not nontributary Upper Dawson aquifer groundwater. Applicant requests that the 6.8 acre-feet per year and the annual amount to be withdrawn pursuant to the plan for augmentation requested herein be combined for withdrawal through wells on Parcel A and/or B. No other parts of the original decree will be changed. Description of plan for augmentation: Groundwater to be augmented: All of the not nontributary Upper Dawson aquifer groundwater as requested herein and available under Parcel B. Water rights for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. Statement of plan for augmentation: The Upper Dawson aquifer groundwater will be used for additional irrigation use on Parcel A and/or B. Return flows associated with irrigation use will be 15% of water used for that purpose. During pumping Applicants will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c.5), C.R.S. Depletions occur to the Running Creek Stream system. Return flows accrue to the South Platte River stream system, and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicants will reserve an equal amount of nontributary groundwater requested herein to meet post pumping augmentation requirements. Further, Applicants pray that this Court grant the application and for such other relief as seems proper in the premises. (6 pages). 14CW3102 Silver State Lofts, LLC, 3728 East 7th Avenue, Denver, CO 80206, c/o Petrock & Fendel, P.C., Frederick A. Fendel, III, #10476, Kara N. Godbehere, #36742, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702. APPLICATION FOR CHANGE OF GROUND WATER RIGHT, IN DENVER COUNTY. 2. Structure: Silver State Well No. 1. 2.1 Prior decree: Case No. W-3897, entered April 28, 1975, District Court, Water Division 1 .2.2 Legal description: SE1/4 of the SW1/4 of Section 27, T3S, R68W of the 6th P.M., City and County of Denver, at a point 1080 feet north and 2610 feet east of the southwest corner of Section 27, as shown on Attachment A. Address is 2441 Broadway, Denver. 2.3 Source: Nontributary Arapahoe aquifer 2.4: Priority date: June 15, 1907 2.5 Amount: 0.155 cfs (70 gpm) 2.6 Use: in-plant industrial 2.7 Permit: No. 44362-F-R (Attachment B) 3. Historical use: The well has historically diverted up to 112 acre-feet per year. From 1907 through 1995, the water was used in a commercial laundry, the Silver State Laundry, and from 1995

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through approximately 2008, the water was used in a brewery. 4. Description of change: Change of use from in plant industrial to allow all industrial uses, including augmentation of industrial and irrigation uses on and off of the land on which the water has historically been used. 5. Owner of land on which structure is located: Applicant. WHEREFORE, Applicant prays for a decree approving the new use, and for such other relief as may be appropriate (5 pages). 14CW3103 UNITED STATES OF AMERICA, BUCKLEY AIR FORCE BASE, 460th Space Wing, 510 S Aspen St., MS 88, Buckley AFB, CO 80011. Telephone: 720.847.4601. Robert E. Schween, Robert E. Schween, P.C., 62489 E. Border Rock Road, No. 2, Tucson, AZ 85739. 303.995.7870. APPLICATION FOR NONTRIBUTARY AND NOT-NONTRIBUTARY GROUND WATER RIGHTS IN THE DENVER, UPPER ARAPAHOE, LOWER ARAPAHOE, AND LARAMIE-FOX HILLS AQUIFERS, in ARAPAHOE COUNTY. 2. Overlying Land Area: A. Applicant files this application for water rights pursuant to § 37-92-203, C.R.S., as a water matter concerning nontributary and not-nontributary ground water. The overlying land described herein is owned by the United States of America (hereafter referred to as “Applicant’s Property”). See Exhibit A, General Location Map and Property Legal Description, Exhibit B. B. The overlying land area available for each aquifer subject to this application varies due to the presence of pre-existing cylinders of appropriation in the Upper Arapahoe, Lower Arapahoe, and Laramie-Fox Hills aquifers. Separate maps and legal descriptions for each aquifer are attached as Exhibit B and B-1 (Property Legal Description and Denver Aquifer Legal Description), Exhibit C and C-1 (Upper Arapahoe aquifer), Exhibit D and D-1, (Lower Arapahoe aquifer), and Exhibit E and E-1 (Laramie-Fox Hills aquifer). 3. Well Permits: A. Pre-SB 213 Decreed Wells. Four (4) of such wells are completed on Applicant’s property or on an approved easement: (1) Well No. 1-16115-R (Laramie-Fox Hills aquifer); (2) Well No. 2-16116-R-R (Upper and Lower Arapahoe and Laramie-Fox Hills aquifers) (Replacement Well No. 460-01); (3) Well No. 3-16117-R (Upper and Lower Arapahoe and Laramie-Fox Hills aquifers); (4) Well No. 5-16118-R (Upper and Lower Arapahoe and Laramie-Fox Hills aquifers). All of these wells are decreed in Case No. W-9142-77, Water Division 1. B. Other Permitted Wells. Two (2) other deep aquifer wells are completed on Applicant’s property: (1) Well No. ADF-52353-F (Lower Arapahoe aquifer); and (2) Well No. CT-101-32059-F (Upper Arapahoe aquifer). This application encompasses these two well permits and ground water amounts associated therewith. C. Wells to be Constructed Pursuant to this Application. Well permit applications for the wells to be constructed pursuant to this application and subsequent decree will be applied for at such time as Applicant is prepared to construct such wells pursuant to the terms of the decree to be entered in this matter. 4. Names, Description, and Estimated Depths of Wells: A. The wells which will withdraw ground water from each aquifer underlying the land generally described herein for each aquifer will be located on Applicant’s property, consisting generally of 3,284 acres, more or less, in Arapahoe County. See Exhibit A, General Location Map and the maps and legal descriptions for each aquifer, Exhibits B, B-1, C, C-1, D, D-1, E and E-1 hereto. B. Applicant requests the right to construct such wells anywhere on the described property to recover the entire allowable annual amounts from each aquifer. C. The estimated depths to the base of the aquifers at the location of Applicant’s property are as described in the Denver Basin Rules, 2 CCR 402-6. Actual well completion depths will comply with the well permit, but may vary slightly from the permitted depth depending on the topography at any particular location. 5. Source of Water Rights: A. Not-Nontributary Ground Water. The ground water in the Denver aquifer at this location is not-nontributary ground water as defined at § 37-90-103(10.7), C.R.S. Applicant may not obtain a well permit and withdraw such not-nontributary ground water until an augmentation plan is judicially approved for the replacement of injurious stream depletions caused thereby. See § 37-90-137(9), C.R.S. No such plan is sought by this application. B. Nontributary Ground Water. The ground water contained in the Upper Arapahoe, Lower Arapahoe, and Laramie-Fox Hills aquifers at this location is nontributary ground water as defined at § 37-90-103(10.5), C.R.S. Applicant may obtain a well permit, withdraw, and fully consume such nontributary ground water, except that Applicant must relinquish two-percent (2%) of such ground water withdrawn to the stream system. 6. Date of Initiation of Appropriation: Not Applicable. 7. Right to Ground Water Claimed Herein: A. Applicant seeks a decree for all ground water determined to be

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available from the named aquifers underlying the lands described herein based upon a statutory aquifer life of 100 years. B. Applicant asserts that withdrawal in the average annual amounts determined to be available from the named aquifers can be made pursuant to § 37-90-137(4) and (9), C.R.S., without causing material injury to the vested rights of others. A separate Court-approved plan for augmentation must be obtained before any such not-nontributary ground water adjudicated herein may be produced. 8. Amounts and Rates of Withdrawal: A. Average Annual Amounts Available: The average annual amounts of withdrawal available from the named aquifers underlying Applicant’s Property will be as determined in the State Engineer’s Determinations of Fact, which are based upon interpretations of information contained in the Denver Basin Rules, 2 C.C.R. 402-6. Estimated average annual amounts are as follows: Aquifer

Acreage Parcel-1

Acreage Parcel-2

Acreage Parcel- 3

Acreage Parcel-4

Acreage TOTAL

Average Saturated Thickness

Specific Yield

Average Annual Amount

Denver

3228.60

8.42

6.39

40.13

3283.54

145 ft.

17%

809.4 AF

Upper Arapahoe

2692.30

8.30

6.39

40.13

2747.12

90 ft.

17%

420.3 AF

Lower Arapahoe

2713.50

8.37

6.39

40.13

2768.39

95 ft.

17%

447.1 AF

Laramie-Fox Hills

2800.06

-0-

6.39

40.13

2847.12

140 ft.

15%

597.9 AF

B. Acreage Allocation. The acreage of the overlying land for each of the aquifers varies due to the presence of cylinders of appropriation of existing pre Senate Bill-213 wells on Applicant’s property or owned by Applicant as described hereinabove. C. Final Amounts. The final average annual amounts available from each aquifer will depend upon the actual hydrogeology and the legal entitlement of Applicant to all ground water in the subject aquifers underlying Applicant’s Property. D. Average Pumping Rates: Applicant requests that the pumping rates for each well may be as great as necessary to withdraw the full annual allocation of water from each named aquifer. 9. Well Fields: Subject to obtaining an adequate Court approved augmentation plan therefor, Applicant has the right to withdraw all of the legally available ground water in the Denver, Upper Arapahoe, Lower Arapahoe, and Laramie-Fox Hills aquifers underlying the property described herein, through any well(s) initially permitted in each aquifer and any additional well(s) which may become part of the Applicant’s well field. 10. Proposed Uses: Applicant requests the right to use all ground water subject to this application for all beneficial uses, including all military uses, domestic, irrigation, industrial, recreational, or any other use associated with Applicant’s property and mission. Such water is to be used, reused, successively used and, after use, leased, sold or otherwise disposed of. Such water may be used on or off Applicant’s property. Such water will be produced for immediate application to beneficial uses, for storage and subsequent application to said uses, for exchange purposes, for replacement of stream depletions resulting from the use of water from other sources, and for augmentation purposes. 11. Description of the Land Overlying Subject Ground Water: The Applicant’s property overlying the ground water claimed herein consists of four parcels of land lying within Sections 9, 10, 11, 14, 15, 16, 23, 24 and 26, Township 4·South, Range 66 West of the 6th PM, Arapahoe County. See Exhibits A and B. 12. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to §§ 37-92-302(2) and 37-90-137(6), C.R.S. 13. Name of Owner of the Land on Which Structures are Located: The owner of the overlying land area described herein is the Applicant, United States of America, Buckley Air Force Base. 14. Additional Remarks: Applicant requests the Court enter a decree granting: A. A quantification and adjudication of the ground water in the aquifers named herein to which Applicant is entitled to develop and use; B. The right to adjudicate an augmentation plan for use of such not-nontributary

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ground water herein under a separate caption and case number; C. The right to withdraw more than the average annual amount determined to be available from each aquifer pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7; and D. The right to revise the average annual amounts available for withdrawal upward or downward, based on better or revised geophysical data, without the necessity of amending this application or republishing same. 15. Compliance with Notice Requirements: In compliance with House Bill 93-1060 (§ 37-92-302(2)(b), C.R.S.), Applicant certifies that it is owner of the overlying land subject to this application. There are no persons or entities that have a lien or mortgage on, or deed of trust to, the overlying land recorded in the county in which the overlying land is located. WHEREFORE, Applicant requests a ruling and decree granting the application herein and awarding the ground water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained, so that the State Engineer may issue well permits for such well(s) as Applicant requests under this decree, subject to the limitations described in such ruling and decree. FURTHER, Applicant requests this Court grant such other relief as it deems proper in the premises. (5 Pages.) 14CW3104, Daniel and Sarka Moore, P.O. Box 2215, Parker, CO 80134, and Michael and Marcia Doherty, 5400 South Park Terrace Ave., Apt. 11-101, Greenwood Village, CO 80111 (Kara N. Godbehere, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY SOURCE AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NOT NONTRIBUTARY UPPER DAWSON AQUIFER, DOUGLAS COUNTY. Subject Property: 5 acres being the S1/2NW1/4SE1/4 NW1/4 of Section 32, T6S, R65W of the 6th P.M. (Moore Parcel), and 5 acres being the N1/2SW1/4SE1/4 NW1/4 of Section 32, T6S, R65W of the 6th P.M. (Doherty Parcel), as shown on Attachment A hereto ("Subject Property"). The parcels are contiguous and satisfy the requirements of Local Rule 3(b)(1). Source of Water Rights: The Upper Dawson aquifer is not nontributary as described in Sections 37-90-103(10.7), C.R.S. Estimated Amount: Based on a saturated thickness of 123 feet, Applicants estimate there is approximately 1.3 acre-feet per year of Upper Dawson aquifer groundwater available underlying each parcel. Proposed Use: Inhouse, irrigation, stockwatering, fire protection, and augmentation purposes, including storage. Description of plan for augmentation Groundwater to be augmented: All available not nontributary Upper Dawson aquifer groundwater as requested herein which is estimated to be 1.3 acre-feet per year underlying each parcel. Water rights for augmentation: Return flows from the use of not nontributary Upper Dawson aquifer and return flows from or direct discharge of nontributary ground water underlying the lot as decreed in Case No. 08CW68. Statement of plan for augmentation: The 1.3 acre-feet per year of Upper Dawson aquifer groundwater associated with each parcel will be used for inhouse use in one residence (0.4 acre-feet per year), irrigation of 12,500 square-feet of lawn and garden and trees (0.75 acre-feet), stockwatering of up to four large domestic animals (0.05 acre-feet), and use in a water feature (0.1 acre-feet), through new wells. Applicants reserve the right to revise these amounts and values without having to amend or republish this application. Sewage treatment for inhouse use will be provided by non-evaporative septic system. Return flows associated with in-house use will be approximately 90% of water used for that purpose and will be sufficient to replace the actual depletions for pumping of the entire annual amount on each parcel. During pumping Applicant will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c.5), C.R.S. Applicants estimate that depletions may occur to the Cherry Creek stream systems. Return flows from inhouse use accrue to the South Platte River stream system, and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicant will reserve an equal amount of nontributary groundwater decreed in Case No. 08CW68 to meet post pumping augmentation requirements. Further, Applicants pray that this Court grant the application and for such other relief as seems proper in the premises. (4 pages). 14CW3105 (07CW329) – CITY OF GREELEY, ACTING BY AND THROUGH ITS WATER AND SEWER BOARD, Greeley Water and Sewer Department, 1100 10th Street, Suite 300, Greeley, Colorado 80631. Attorneys: Andrew B. Nicewicz, Greeley City Attorney’s Office, 1100 10th Street, Suite

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401, Greeley, Colorado 80631, Telephone: (970) 350-9819; and James S. Witwer and Douglas M. Sinor, Trout, Raley, Montaño, Witwer & Freeman, P.C., 1120 Lincoln Street, Suite 1600, Denver, Colorado 80203, Telephone: (303) 861-1963. Application for Finding of Reasonable Diligence, IN LARIMER AND WELD COUNTIES, COLORADO. 1. See above. 2. Name of Structures: This application concerns the conditional appropriative right of exchange decreed to Greeley in Case No. 95CW042, District Court, Water Division No.1, which is generally in accordance with the Decree entered February 6, 1990 and the Amended Decree entered September 16, 2002 in Case No. 87CW329, District Court, Water Division No. 1. The relevant structures are Greeley’s wastewater treatment plant (also known as the “Greeley Water Pollution Control Facility”); the Lone Tree Industrial Wastewater Treatment Plant; and the structures and facilities of the Greeley and Loveland Irrigation Company, the Seven Lakes Reservoir Company, and the Loveland and Greeley Reservoir Company (collectively referred to hereinafter as the “Companies”). These structures are all more particularly described in the Decree entered in Case No. 87CW329. 3. Description of Conditional Water Right: A. Original Decree: The Decree in Case No. 95CW042, District Court, Water Division No. 1, was entered on December 21, 2001. Pursuant to the Decree entered in Case No. 95CW042, Greeley is entitled to divert excess municipal return flows from water rights changed in Case No. 95CW042 (“changed water rights”) released from Greeley’s wastewater treatment plant and the Lone Tree Industrial Wastewater Treatment Plant by exchange at the headgates of the Companies, in accordance with the Decree in Case No. 87CW329. B. Subsequent Decrees Awarding Findings of Diligence: The Decree in Case No. 07CW329, District Court, Water Division No.1, was entered on August 21, 2008. C. Legal Description of Exchange Reach: The Greeley Wastewater Treatment Plant Outfall is located on the North bank of the Cache la Poudre River, approximately 620 feet East of the West Section line and 360 feet North of the South Section line of Section 4, Township 5 North, Range 65 West, 6th P.M., Weld County (Footnote: The decree in Case No. 07CW329 incorrectly described Greeley’s wastewater treatment plant outfall as being located in Range 66 West). The Lone Tree Industrial Wastewater Treatment Plant Outfall is located on Lone Tree Creek approximately one mile upstream of the confluence of that creek and the South Platte River in Section 31, Township 6 North, Range 64 West, 6th P.M., Weld County. The Companies’ headgates are located on the Big Thompson River in Sections 15 and 17, Township 5 North, Range 69 West, 6th P.M., Larimer County. The exchange reach is from the confluences of Lone Tree Creek and the Cache la Poudre River with the South Platte River to the Companies’ headgates on the Big Thompson River. D. Source: Water in the Cache la Poudre, South Platte, and Big Thompson Rivers in the exchange reach. E. Appropriation Date: June 2, 1969. F. Amount: 30 c.f.s. conditional. Although the decree in Case No. 95CW042 limited the maximum rate of the subject right of exchange to 75 c.f.s., by stipulation with the City of Loveland (“Loveland”), Greeley has agreed to limit operation of the subject right of exchange, as well as the exchange decreed in Case No. 99CW235 and the exchange decreed in Case No. 87CW329, to a maximum total rate of 30 c.f.s. G. Use: For all municipal and related purposes, with the right to use to extinction by reuse, successive use or disposition. 4. Integrated System: The conditional appropriative right of exchange originally decreed in Case No. 95CW042 was and is conceived and planned to be operated as a component of Greeley’s municipal water supply system, which is an integrated system comprised of several different water rights, features, and facilities. Work on one or more features of this integrated system constitutes effort toward development of the water rights for all features of the system. 5. Detailed outline of what has been done toward completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures rounded to the nearest thousand dollars: A. Improvements to the Boyd Lake Treatment Plant: i. In 2010, Greeley constructed a powdered activated-carbon silo and transfer system. The steel silo has a storage volume of 3,000 cubic feet and contains an automatic transfer system to the existing 40,000-gallon solution tank. Greeley expended approximately $195,000 on this construction. ii. In 2012, Greeley constructed an intermediate residual storage facility with concrete floor and walls and a fabric-covered steel-framed building. The facility is 77’8” x 161’. Greeley expended approximately $476,000 on this construction. B. Improvements to Greeley’s Water Pollution Control Facility: i. In 2008, Greeley replaced the 2” grout layer at the bottom of one of the facility’s clarifiers. Greeley expended

20

approximately $209,000 on this rehabilitation project. ii. In 2009, Greeley replaced drain valves for the three primary clarifiers. Greeley expended approximately $218,000 on this replacement project. iii. In 2010-2011, Greeley upgraded the electrical control panels for all three of the facility’s centrifuges and overhauled a conveyor on one of the thickening centrifuges. Greeley expended approximately $450,000 on these upgrades. iv. In 2010-2012, Greeley increased the aeration capacity for all four basins, installed a new air diffuser system and air piping, modified the blower building, installed six new high-speed turbo blowers, and replaced the old centrifugal blowers in order to improve the facility’s ability to remove ammonia. Greeley expended approximately $3,012,000 on this project. v. In 2011-2012, Greeley added a new fiber optic cable at its facility. Greeley expended approximately $68,000 on this installation. vi. In 2011-2012, Greeley drafted a long-range master plan for the South Plant Solids Handling & Treatment Improvements. Greeley expended approximately $346,000 on creating this plan. C. In 2012-2014, Greeley spent approximately $22,000 on the design of an augmentation structure that would facilitate the use of the changed water rights to meet return flow obligations. D. In 2013-2014, Greeley spent approximately $432,000 to line the Monfort Park pond. Lining the pond minimizes water loss, thereby helping Greeley to deliver non-potable water from the Companies, and maximizing the use of the changed water rights for municipal purposes. E. Since 2011, Greeley has paid an annual $500 assessment to use the Big Thompson Platte River Bypass. This structure allows Greeley to meet return flow obligations with the changed water rights, including changed water rights stored by exchange. F. Over the diligence period, Greeley has paid approximately $1,845,000 in assessments on its shares of the Companies. G. The foregoing activities and structure improvements facilitate the use and treatment of the changed water rights for municipal purposes by Greeley, which results in fully-consumable return flows being released from the Greeley and Lonetree wastewater treatment plants that may be exchanged under the subject conditional water rights. H. Greeley Water and Sewer Department staff regularly monitor river conditions to assess whether the exchange can be run. I. During the diligence period, Greeley has participated as an objector in a dozen water court cases in order to prevent injury to this and other of its Big Thompson River water rights. 6. 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 is or will be stored: Greeley is not proposing new construction of or modification to any diversion or storage structures. WHEREFORE: Greeley requests the Court enter a decree finding that Greeley has exercised reasonable diligence toward completion of the appropriation for the conditional right of exchange decreed in Case No. 95CW042 and continuing said conditional water right for another six-year diligence period. (5 pages) 14CW3106 Previous Case No. 07CW195-TERRI K. UNGERMAN P.O. BOX 842, WESTCLIFFE, CO 81252, AND SHANI A. BREWSTER 523 REDWOOD CIRCLE, BERTHOUD, CO 80513 (Please direct all correspondence to David M. Shohet. Felt, Monson & Culichia, LLC, Attorney for Applicant, 319 N. Weber Street, Colorado Springs, Colorado 80903, (719) 471-1212) Application for Finding of Reasonable Diligence PARK COUNTY, COLORADO 2. Name of Structures: Shani Spring, Terri Spring, and Shani Pond. 3. Description of conditional water rights from the Ruling of Referee and Decree: A. Date of Original Decree: May 12, 2008. Case No.: 07CW195. Court: District Court, Water Division 1. B. Description of Water Rights: 1. Shani Spring. i. Legal Description of Point of Diversion: Shani Spring is located in the Southwest Corner of the Southeast Corner of Section 19, Township 14 South, Range 74 West of the 6th P.M., approximately 1,570 feet from the east line and 490 feet from the south line of said Section 19. See attached Exhibit A Map. ii. Source: Natural seeps and springs, tributary to an unnamed intermittent gulch, tributary to Buffalo Gulch, tributary to the South Platte River. iii. Date of Initiation of Appropriation: August 30, 2007. iv. Amount Claimed: 25 g.p.m., conditional. v. Uses: Piscatorial, recreation, landscape irrigation of not more than one acre of land, storage and fish propagation. 2. Terri Spring. i. Legal Description of Point of Diversion: In the Southeast 1/4 of the 1/4 Southeast 1/4, Section 19, Township 14 South, Range 74 West of the 6th P.M., approximately 350 feet from the east line and 25 feet from the south line of said Section 19. ii. Source: Natural seeps and springs, tributary to an unnamed intermittent gulch, tributary to Buffalo Gulch, tributary to the South Platte River.

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iii. Date of Initiation of Appropriation: August 30, 2007. iv. Amount Claimed: 25 g.p.m., conditional. v. Uses: Stockwater, wildlife, piscatorial, recreation, landscape irrigation of not more than one acre of land, storage, and fish propagation. 3. Shani Pond. i. Legal Description of Location of Shani Pond: Shani Pond will be located on Applicants’ property in the Southwest 1/4 of the 1/4 Southeast 1/4, Section 19, Township 14 South, Range 74 West of the 6th P.M., with the center of the dam located approximately 1750 feet from the east line and 700 feet from the south line of said Section 19. ii. Source: An on-channel reservoir which, impounds the waters o Shani Spring and Terri Spring. iii. Date of Appropriation: August 30, 2007. iv. Amount Claimed in Acre Feet: 10 acre feet. v. Use: Fire protection, wildlife, piscatorial, recreation, landscape irrigation of not more than one acre of land, and fish propagation. vi. Pond Specifications: Shani pond will not exceed a vertical height of 10 feet from the bottom of the spillway, with a width not to exceed 100 feet. vii. Total Capacity of Reservoir: 10 acre feet. 4. Description of work performed toward completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: In Case No. 07CW195, the Court decreed to Applicants the use of four springs and one surface storage rights (collectively the “Water Rights”). Meacham, Debra, and Shani Springs were decreed absolute for stockwater, wildlife, and fire protection uses. Shani and Terri Springs were decreed conditional for piscatorial, recreation, landscape irrigation of not more than one acre of land, storage ad fish propagation. Lasltly, the Applicants were awarded a 10 acre foot conditional storage right to Shani Pond for fire protection, wildlife, piscatorial, recreation, landscape irrigation of not more than one acre of land, and fish propagation uses. During this diligence period, Applicant, in connection with the development of Terri Spring Pond spent almost 90 hours of manually building the spring. The spring was hang dug by the Applicants. Applicants also spent an additional 80 hours constructing a dam for Shani Pond. The dam consists of a drainage pipe to drain the entire pond and a spillway. Total cost for equipment and supplies to build Terri Springs and Shani Pond totaled $1,586.73. During this diligence period Applicants have, therefore, devoted substantial efforts toward the development of the integrated system, the present and further application of water from Shani Spring, Terri Spring, and Shani Pond to beneficial use. 5. Claim to Make Absolute: No part of the conditional water rights decreed in Case No. 07CW195 are claimed to be made absolute at this time. 6. Name and address of the owners of land on which structure is located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: All of the structures are located on the Applicants’ land in as the South 1/2, and the South 1/2 of the North 1/2 of Section 19, Township 14 South, Range 74 West of the 6th P.M., Park County, Colorado. 14CW3107 Lone Rock H20, LLC, c/o Duke Dozier, Manager, 460 Park County Road 43, Suite #1,Bailey, CO 80421,(303) 838-9273, and Mill-Iron D Estates Home Owners Association, Inc. c/o Robert S. Campbell, 1 Conestoga Rd.,Bailey, CO 80421, APPLICATION FOR CONDITIONAL WATER RIGHT IN PARK COUNTY. All future correspondence and pleadings to: Daniel K. Brown, Fischer, Brown & Gunn, P.C., 1319 East Prospect Road, Fort Collins, CO 80525. (970)407-9000. 2. Name of Structure: Dozier Reservoir #2. 2.1Legal description of location of reservoir: The Dozier Reservoir No. 2 is located in the NE1/4 of Section 31, Township 6 South, Range 72 West of the 6th P.M. in Park County, Colorado. A stage curve and aerial photograph of the reservoir is attached as Exhibit A. 2.2 If off-channel reservoir, name and capacity of ditch or ditches used to fill reservoir: The inlet for the Dozier Reservoir No. 2 is the Carruthers Ditch No. 1. The headgate of the Carruthers Ditch No. 1 is located on Deer Creek at a point whence the 1/4 Corner between Sections 31 and 32, Township 6 South, Range 72 West, bears North 85º30' East, 1,398 feet. 2.3. Source: Deer Creek. 2.4. Date of appropriation: August 26, 2014. 2.4.1. How appropriation was initiated: By formation of the intent to appropriate together with the filing of this application. 2.5. Amount claimed: 2 cfs. 2.6. Proposed Uses: Recreation, wildlife and piscatorial uses within the Dozier Reservoir No. 2. More particularly, Applicant proposes to divert water from Deer Creek into Dozier Reservoir No. 2 for the purpose of refreshing, by 1 for 1 replacement, the water in the reservoir. To this end, Applicant proposes to divert water from Deer Creek into the Dozier Reservoir No. 2 and return a like amount of water from Dozier Reservoir No. 2 to Deer Creek immediately downstream by release from the Dozier Reservoir No. 2 via Dozier Reservoir No. 2

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outlet (location). There are no intervening headgates between the headgate of the Carruthers Ditch No. 1 headgate and the Dozier Reservoir No. 2 outlet and the distance on the stream between the Carruthers Ditch No 1 and the Dozier Reservoir Outlet is approximately 800. The approximate capacity of Dozier Reservoir No. 2 is 17 acre feet. 3.Names and addresses of owners of land on which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use:Deer Creek Cattle Company, c/o Tom Rommer, 410 17th Street 2200, Denver, 80202.

14CW3108 INDIAN HILLS WATER DISTRICT, P.O. Box 710, Indian Hills, CO 80454. Application for Conditional Underground Water Right, for Approval of Use of Well as Additional Well to District’s Other Wells and Inclusion of Such Well in District’s Existing Augmentation Plan, in JEFFERSON COUNTY. Direct all pleadings to Cindy F. Covell and Andrea L. Benson, Alperstein & Covell, P.C., 1600 Broadway, Suite 900, Denver, CO 80202, e-mail: [email protected]; [email protected], 303-894-8191. Introduction: The District currently operates pursuant to an augmentation plan decreed by this Court on March 30, 1982, in Case No. W-8549-77 (“District Augmentation Plan”). The District Augmentation Plan permits the District to pump wells for municipal, irrigation and commercial purposes to serve its customers within District boundaries. The decree approved a plan for augmentation for two well fields, location within the Turkey Creek and Parmalee Gulch aquifers. District has had to develop its well field because the surface flows in Turkey Creek in the vicinity of District’s Gallery are subject to significant fluctuations. In an effort to stabilize its diversions, District has explored drilling IHWD Well No. 12. District now wishes to convert this hole to a production well, include it within its system as an additional well to District’s other wells and incorporate it within the protection of District’s Augmentation Plan. District does not seek to increase its diversion of water beyond those that are already authorized by its existing augmentation plan. 2. Name of structure: IHWD Well No. 12, Monitoring Well Permit No. 291453. Copies of well permit, pump installation report, and well construction and test reports are attached as Exhibits 1, 2 and 3 respectively. 3. Legal Description of Well. IHWD Well No. 12 is located at a point in the NE1/4 of the NE1/4 of Section 21, Township 5 South, Range 70 West of the 6th Principal Meridian, which is 944 feet South of the North Section Line and 847 feet West of the East Section Line of said Section, Jefferson County, Colorado. The location of the well is depicted on the attached Exhibit 4. 3. The Sources of Water and Approximate Depth of Well: The source of water for IHWD Well No. 12 is groundwater tributary to Turkey Creek, tributary to Bear Creek, tributary to the South Platte River. The Well is approximately 1,000 feet deep. 4. The Date of Appropriation and Manner in which Appropriation was Initiated: The appropriation date for IHWD Well No. 12 is May 2, 2013, by the District’s formation of intent to utilize ground water for the purposes as set forth herein, by filing the monitoring well permit application with the Colorado State Engineer’s Office, and by its initiation of certain other overt actions taken in furtherance thereof. 5. Amount of Water Claimed: a) 15 gpm, (0.033 cfs) CONDITIONAL. b) Annual volume will be limited as per augmentation plan described in Decree Case No. W-8549-77.6. Augmentation: The Proposed IHWD Well No. 12 will operate pursuant to the District’s Augmentation Plan decreed in Case No. W-8548-77. 7. The Proposed Uses of the Water: The proposed uses of water from IHWD No. 12 are domestic (including household use); municipal; drinking and sanitary uses in individual commercial establishments; irrigation of up to 5 acres of land within District’s service area; recreational purposes (including fishery and wildlife); fire protection; stock watering; and the maintenance of adequate system storage reserves. The well water right that is the subject of this application is a part of a single, integrated water system designed to provide a water supply to District’s service area which will be developed to full utilization over an extended period of time. District requests that the Water Court recognize the existence of this integrated system and the related phased development program for purposes of all required future determinations of reasonable diligence. 8. Names of Landowners: The District owns a permanent easement to utilize the land on which IHWD Well No. 12 and all ancillary facilities needed to deliver water therefrom to District’s existing Turkey Creek Filtration Plant are located. The current owner of the land subject to District’s easement is Joseph Orin Kerns Trust and Nadia Ann Kerns Trust, 6009 S Turkey Creek Rd., Morrison, CO 80465. 9. History of Structure: On May 21, 2013, under Permit No. 291453, District

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received from the Office of the Colorado State Engineer a permit to construct IHWD Well No. 12 as a monitoring well. This monitoring well was completed on June 14, 2013, and District now wishes to convert the monitoring well into a production well protected by District’s decreed augmentation plan. District has not applied for a permit to utilize IHWD Well No. 12 as a production well. District requests that, with the inclusion of this well under the protection of District’s Augmentation Decree, this court direct the Colorado State engineer to issue a permit for IHWD Well No. 12 upon application of District. WHEREFORE, District respectfully requests that this court grant its application, make the determinations requested and award the water right described herein. SECOND CLAIM FOR RELIEF (REQUEST TO INCLUDE WELL WITHIN EXISTING PLAN FOR AUGMENTATION) As set forth in the above Introduction, District has previously included IHWD Well Nos. 10 and 11 as additional wells, covered by District’s Augmentation Plan. District now wishes to incorporate IHWD Well No. 12 as an additional well so protected. District thus moves for an order of this Court granting such relief. AS GROUNDS THEREFOR, District submits A. The source of water for IHWD Well No. 12 is groundwater tributary to Turkey Creek, tributary to Bear Creek, tributary to the South Platte, as are District’s other Turkey Creek diversions already covered by District’s Augmentation Plan. B. The addition of IHWD Well No. 12 as an additional Turkey Creek well so protected will not increase District’s diversions of water from Turkey Creek as already authorized by District’s Augmentation Plan. C. The addition of IHWD Well No. 12 as an additional well so protected will not increase District’s consumptive use of water as already authorized by District’s Augmentation Plan. D. The District’s overall volumetric amounts of water to be withdrawn pursuant to the Augmentation Plan decree will remain unchanged and the District’s replacement supply will continue to prevent injury to those persons otherwise affected. E. For the foregoing reasons, no person will be adversely affected by the addition of IHWD Well No. 12 as an additional well so protected. WHEREFORE, District requests that this Court grant a conditional underground water right for IHWD Well No. 12, and as set forth herein that said well be included as an additional well identified in and protected by paragraph 7(ii) of the Augmentation Plan as an additional Turkey Creek ground water source, with all other terms and conditions of District’s Augmentation Plan remaining unchanged. (6 pages, plus 4 exhibits). AMENDMENTS 14CW25 JACK E. SCHOOLEY TRUST, 1328 S. Jason St., Denver, CO 80223. 303-204-8324. NORTH FROK ASSOCIATES LLC, MOUNTAIN MUTUAL RESERVOIR COMPANY, PO BOX 27567, Denver, CO 80227. AMENDED APPLICATION TO MAKE ABSOLUTE IN WHOLE OR IN PART IN PARK COUNTY. Date of original decree: 05-13-05 in case W-8480-77 in WD 1. Subsequent decree: 06-24-08 in case 06CW284 in WD 1. Schooley Well #1 located SW1/4 NE1/4, S17, T10S, R77W of the 6th PM at a distance 2415 ft. from N and 1465 ft. from E. Source: Groundwater. Appropriation date: 05-13-05. Date water applied to beneficial: 06-24-08. Amount 0.54 af; 0.31 af for household use and 0.23 af for irrigation. CORRECT LOCATION of Schooley Well #1, SW1/4, NE1/4, S7, T10S,R77W of the 6th PM, at a distance 2415 ft. from N and 1465 ft. from E, Lot 230, Filing 2, Foxtail Pines Subdivision, 162 Squirrel Tail Ct., Fairplay. 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 OCTOBER 2014 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be

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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.

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