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

17CW8 J. LAVERNE DAVIS, 10294 Hwy. 66, Platteville, CO 80651. 970-381-2388. APPLICATION FOR CORRECTION FOR AN ESTABLISHED BUT ERRONEOUSLY DESCRIBED POINT OF DIVERSION PURSUANT TO §37-92-305(3.6), C.R.S. IN WELD COUNTY. Farmer Well No 1-11817. The location of the well was erroneously described in Case No. W-939 as the SE1/4, NW1/4 of S26, T3N. R67W of the 6th PM at a point 150 ft. north and 3 ft. east of the center of S26. The actual location, as determined by White Sands Engineers is X 512072, Y 4449706. 17CW9 GORDON WEICHEL, 22460 CR 22, Hudson, CO 80642. 303-536-9276. APPLICATION FOR CORRECTION FOR AN ESTABLISHED BUT ERRONEOUSLY DESCRIBED POINT OF DIVERSION PURSUANT TO §37-92-305(3.6), C.R.S. IN WELD COUNTY. Weichel Well No. 2542-F. Based on UTM coordinates obtained by CCWCD, the actual location of the subject well in X 532053, Y 4443682. Using AquaMap, the PLSS location is the NE1/4, NE1/4, S14, T2N, R65W 6th PM., 1037 ft. from the north line and 600 ft. from the east line of said S14. 17CW10 MICHAEL UHLENKAMP AND J. WILLIAM ADAMS, 1028 Syracuse St., Denver, CO 80230. 303-324-0482 or 303-548-6487. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 04-06-04 in case 96CW497, WD1. Subsequent decree: 02-02-11 in case 10CW147, WD1. Stanley Ridge Lot 90 Well, (formerly Preisser Lot 90 well), located SW1/4, NW1/4, S21, T9S, R75W, 6th PM, Filing 5, Indian Mountain Subdivision, 971 Warpath Road. Stanley Ridge Lot 91 Well, (formerly Preisser Lot 91 well), permit No 68099-F, located SW1/4, NW1/4, S21, T9S, R75W, 6th PM, Filing 5, Indian Mountain Subdivision, 971 Warpath Road, at a point 2300 ft. from the north line and 100 ft. from the west line. Source: Groundwater. Appropriation date: 5-31-73. Amount: .033 cfs, 15 gpm. Use: Household use only. 17CW11 TYLENE L. SCHMIDT TRUST, % Valerie Hiller, 22405 WCR 39, LaSalle, CO 80645. APPLICATION FOR CORRECTION FOR AN ESTABLISHED BUT ERRONEOUSLY DESCRIBED POINT OF DIVERSION PURSUANT TO §37-92-305(3.6), C.R.S. IN WELD COUNTY. Moritzen Well No. 1 13273-R. The erroneously described location from the decree in Case no W-475 is the SW1/4 of the NE1/4, S18, T4N, R65W of the 6th PM at a point 1760 ft. S and 1760 Ft W of the North East section corner. The actual physical location in E 525147, N 4462801 as determined by White Sands Water Engineers, Inc. 17CW12 RITCHEY LAND & CATTLE COMPANY, 13821 Sable Blvd., Brighton, CO 80601. APPLICATION FOR CORRECTION FOR AN ESTABLISHED BUT ERRONEOUSLY DESCRIBED POINT OF DIVERSION PURSUANT TO §37-92-305(3.6), C.R.S. IN WELD COUNTY. Kildow Well 2-14373-R-R. The erroneously described location from the decree in W-402 is 1683 ft. north and 718 ft. east from SW corner of S27, T3N, R65W of the 6th PM. The actual physical location is Northing 4449398 Easting 529231. 17CW13 LORETTA J. PHIPPS, 1157 S. Quitman St., Denver, CO 80219. 303-935-7116; ROGER D. PHIPPS, 6610 W 96th Ave., Broomfield, CO 80021. 303-657-8981; DIXIE CARTWRIGHT, 39233 CR 54, Matheson, CO 80830. 719-541-0631. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 9-10-04 in case 96CW740, WD1; Subsequent decree: 2-7-11 in case 10CW203, WD1. Phipps Lot 9 Well located SW1/4,

 

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SW1/4, S14, T9S, R74W of the 6th PM, Filing 1, Lost Park Ranches Subdivision, 334 Eagle Rock Road. Source: Groundwater. Appropriation date: 6-30-77. Amount: 15 gpm, Conditional. Use: Household use inside a single family dwelling not including irrigation. 17CW14 DEREK AND DEBORAH SHARPE, 3779 Pasture Gate Circle, Elizabeth, CO 80107. 303-646-4291. APPLICATION FOR UNDERGROUND WATER RIGHTS IN THE DENVER BASIN AQUIFERS UNDERLYING APPLICANT’S PROPERTY IN ELBERT COUNTY. Applicant seeks to adjudicate the well, permit 182047, and to adjudicate the non tributary and not nontributary Denver Basin groundwater underlying a 2.59 acre tract of land lying in the SW1/4, SE1/4, S30, T7S, R64W of the 6th PM including the Dawson, Denver, Arapahoe and Laramie Fox Hills aquifers. 17CW15 BOB R. AND BARBARA E. ARTHUR, PO Box 1777, Fairplay, CO 80440. 719-836-2813. APPLICATION TO MAKE ABSOLUTE IN WHOLE OR IN PART IN PARK COUNTY. Original decree: 10-03-97 in case 96CW974, WD1; Subsequent decrees: 6-21-04 in case 03CW353, WD1 and 2-11-11 in case 10CW148, WD1. Arthur Well, permit 203259, located SE1/4, SE1/4, S18, T9S, R76W of the 6th PM at a point approximately 500 ft. from S line and 600 ft. from E line; Lot 114; Filing 5; Bar D subdivision, 702 Gap Road. Source: Ground. Appropriation date: 9-30-94. Amount: 3/4 gpm. Depth: 425 ft. Use: Irrigation of approximately 1 acre or landscaping. 17CW16 PHYLLIS BURKGREN, 1890 S. Marshall Circle, Lakewood, CO 80232. 303-985-8017. JOYCE AND RUTH LANG, 2337 S. Gray St., Lakewood, CO 80227. 720-630-0772. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN JEFFERSON COUNTY. Date of original decree: 2-20-75 in case W-7519-73 WD1. Subsequent decrees: 3-20-80 in case W-7519-78; 8-30-84 in case 84CW9; 8-24-88 in case 88CW3 and 2-15-95 in case 94CW115. Burkgren Well, permit 19739-F, NE1/4, SE1/4, S1, T7S, R72W of the 6th PM at a distance 1700 ft. from S and 800 ft. from E. Jim’s subdivision; Lot 15A, Block 4. Source: Groundwater. Appropriation date: 10-31-73. Amount: 15 gpm, Conditional. Depth: 400 Use: Commercial. 17CW17 KYLE ALLEN STUMP, 13079 W. Ohio Ave.., Lakewood, CO 80228. 720-800-2030. APPLICATION FOR CONDITIONAL UNDERGROUND WATER RIGHT IN JEFFERSON COUTNY. Stump Lot 2 Well located SW1/4, NE1/4, S29, T4S, R70W, 6th PM approximately 1371 ft. From N and 1925 from E. Burleson Ranch subdivision; Lot 2. Date of appropriation: 9-4-01. Amount: 15 gpm, Conditional. Source: Groundwater. Well will operate pursuant to the augmentation plan and exchange decreed in case no. 03CW281. 17CW18 BRUCE R. AND JANET S. GORDON, 37492 Melting Shadows Way, Elizabeth, CO 80107. 303-907-8696 or 303-877-3565. APPLICALTIN FOR UNDERGROUND WATER RIGHTS IN THE DENVER BASIN AQUIFERS IN ELBERT COUNTY. Applicant seeks to adjudicate the well, permit 179644, and to adjudicate the non tributary and not nontributary Denver Basin groundwater underlying a 4.2 acre tract of land lying in the NE1/4, SW1/4, S30, T7S, R64W of the 6th PM including the Dawson, Denver, Arapahoe and Laramie Fox Hills aquifers. 17CW3018 Lower Latham Reservoir Company (“Lower Latham” or “Applicant”), c/o Theodore Buderus, 8209 W. 20th Street, Suite A, Greeley, CO 80634, (970) 330-8780. APPLICATION FOR APPROVAL OF CHANGE OF WATER RIGHTS IN WELD COUNTY. Future correspondence and pleadings to: Daniel K. Brown and Donald E. Frick, Fischer, Brown, Bartlett & Gunn, P.C., 1319 E. Prospect Road, Fort Collins, CO 80525, (970) 407-9000. 2. Change of Highland Ditch (a/k/a Plumb Ditch). Applicant seeks to change the use of the water rights represented by 8 shares out of a total 90 outstanding shares in the Plumb Irrigation Company (the “Plumb Shares”). The water rights represented by the Plumb Shares and the historical use thereof are described below: 2.1. From previous decrees. The water right for the Highland Ditch (a/k/a Plumb Ditch) was originally decreed for irrigation purposes in

 

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Case No. 6009 in the Arapahoe County District Court, Arapahoe County, on April 28, 1883 with an appropriation date of October 1, 1871 for 64.4 cfs. The decreed point of diversion is on the south bank of the South Platte River in the SW1/4 of the NW1/4 of Section 13, Township 5 North, Range 65 West of the 6th P.M., Weld County. Of the 64.4 cfs originally decreed to the Highland Ditch, 40 cfs were transferred to the Bijou Canal pursuant to the decree entered in Case No. 41518 by the District Court, City and County of Denver, on March 29, 1909. The Plumb Irrigation Company is a mutual ditch company that was incorporated on December 18, 1915 and holds the remaining 24.4 cfs water right decreed to the Highland Ditch. 2.2. Historic Use: The water rights represented by the Plumb Shares were historically used to irrigate approximately 53.5 acres in the SE ¼ of Section 7, Township 5 North, Range 64 West of the 6th P.M. A map depicting the location of the historically irrigated parcel is attached as Exhibit A. Diversion records for the Plumb Ditch are attached hereto as Exhibit B. 3. Proposed Change: Applicant seeks a decree changing the use of the Plumb Shares to include ongoing irrigation of the historically irrigated lands as well as general irrigation within the Lower Latham Ditch and Lower Latham Reservoir service area, augmentation, replacement and recharge, either by direct release, following storage or by exchange, for later release, with the right to totally consume the consumable portion of the water, either by first use, reuse, successive use or disposition. Applicant seeks to use the subject water rights as a source of replacement water and augmentation water in Applicant’s plan for augmentation decreed in Consolidated Case Nos. 03CW47/06CW291, Case Nos. 06CW292, 12CW96 and 13CW3057, District Court, Water Division No. 1. The Plumb Shares will continue to be diverted pursuant to the decree described in paragraph 3 above, and either returned directly to the South Platte River, exchanged for other waters in the Lower Latham system (this is an internal exchange not a river exchange) to allow the water to be stored in the Lower Latham Reservoir and/or delivered for recharge purposes to recharge structures that can be supplied by the Lower Latham Reservoir and/or the Lower Latham Ditch, including recharge structures described in the decree in Case Nos. 03CW47/06CW291. The Lower Latham Reservoir is located in portions of Sections 34 and 35, T5N, R65W and Section 2 and 3, T4N, R65W of the 6th P.M. The Lower Latham Ditch is located in Sections 27-32, and 21-24, T5N, R65W; Sections 19-21, 26-28 and 35, T5N, R64W; Sections 1, 2 and 12, T4N, R64W; Sections 2-7, 10 and 11, T4N, R63W; and Section 32, T5N, R63W, all west of the 6th P.M. Applicant reserves the right to convey, lease or otherwise dispose of excess fully consumable water, if any, not used by Applicant in Case Nos. 03CW47/06CW291, specifically including the right to convey or lease excess credits for us in other augmentation plans. 3. Names and addresses of owners of the lands on which structures are or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use (other than Applicant). The Plumb Ditch Company, 28806 County Road 51, Greeley, CO 80631. 4 pages. 17CW3019 TERRI K. UNGERMAN, P.O. Box 842, Westcliffe, CO 81252, and SHANI A. BREWSTER, 523 Redwood Circle, Berthoud, CO 80513, C/O DAVID M. SHOHET of Monson, Cummins & Shohet, LLC, 319 N. Weber Street, Colorado Springs, CO 80903, (719) 471-1212. APPLICATION TO MAKE ABSOLUTE OR IN THE ALTERNATIVE FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Name of Structures: Shani Spring, Terri Spring, and Shani Pond. Description of Conditional Water Rights: Original Decree Information: Case No.: 07CW195, decreed on May 12, 2008, by the District Court, Water Division 1. List of All Subsequent Decrees Awarding Findings of Diligence: Case No.: 14CW3106, decreed on January 6, 2015, by the District Court, Water Division 1. Description of Water Rights: Shani Spring. 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. Source: Natural seeps and springs, tributary to an unnamed intermittent gulch, tributary to Buffalo Gulch, tributary to the South Platte River. Date of Initiation of Appropriation: August 30, 2007. Amount Claimed: 25 g.p.m., conditional. Uses: Piscatorial, recreation, landscape irrigation of not more than one acre of land, storage and fish propagation. Terri Spring. 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

 

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from the east line and 25 feet from the south line of said Section 19. Source: Natural seeps and springs, tributary to an unnamed intermittent gulch, tributary to Buffalo Gulch, tributary to the South Platte River. Date of Initiation of Appropriation: August 30, 2007. Amount Claimed: 25 g.p.m., conditional. Uses: Stockwater, wildlife, piscatorial, recreation, landscape irrigation of not more than one acre of land, storage, and fish propagation. Shani Pond. Legal Description: 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. Source: An on-channel reservoir (on an unnamed intermittent gulch, tributary to Buffalo Gulch, tributary to the South Platte River), which can also impound the waters of Shani Spring and Terri Spring. Date of Appropriation: August 30, 2007. Amount Claimed in Acre Feet: 10 acre feet. Use: Fire protection, wildlife, piscatorial, recreation, landscape irrigation of not more than one acre of land, and fish propagation. 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. Total Capacity of Reservoir: 10 acre feet, conditional. A map attached as Exhibit A shows the approximate location of each of the above described water rights. 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 Water Court decreed to Applicants the use of four springs and one surface storage 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 and fish propagation. Finally, 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 the last diligence period, Applicants, hand dug Terri Springs and began construction of the dam for Shani Pond. Accordingly, the Water Court awarded the Applicants a finding of diligence towards the conditional water rights in Case No. 14CW3106. Since the Water Court’s finding of diligence in Case No. 14CW3106, Applicants have completed construction of Terri Spring, Shani Spring and Shani Pond. Total cost for equipment, and supplies to complete construction of Terri Springs and Shani Pond totaled $1,586.73. The Applicants have also diverted and placed water from Shani and Terri Springs to beneficial use for their decreed uses. Applicants have also diverted and placed water from Shani and Terri Springs to beneficial use by storing water diverted from these springs in Shani Pond for their decreed uses. The Applicants have also stored water in Shani Pond and have placed such water to beneficial use. Claim to Make Absolute: Shani Spring. 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. Source: Natural seeps and springs, tributary to an unnamed intermittent gulch, tributary to Buffalo Gulch, tributary to the South Platte River. Date Water Placed to Beneficial Use: May 1, 2015. Amount Placed to Beneficial Use: 25 g.p.m. Uses: Piscatorial, recreation, landscape irrigation of one acre of land, storage and fish propagation. Terri Spring. 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. Source: Natural seeps and springs, tributary to an unnamed intermittent gulch, tributary to Buffalo Gulch, tributary to the South Platte River. Date Water Placed to Beneficial Use: May 1, 2015. Amount Placed to Beneficial Use: 25 g.p.m. Uses: Piscatorial, recreation, landscape irrigation of one acre of land, storage and fish propagation. Shani Pond. 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. Source: An on-channel reservoir (on an unnamed intermittent gulch, tributary to Buffalo Gulch, tributary to the South Platte River), which can also impound the waters of Shani Spring and Terri Spring. Date Water Placed to Beneficial Use: May 1, 2015. Amount Stored for Beneficial Uses: 0.5 acre feet. Uses: Piscatorial, recreation, landscape irrigation of one acre of land, storage and fish propagation. Final Pond Specifications: Shani pond has been constructed with a dam

 

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with a vertical height of 4.5 feet from the bottom of the spillway, and a width of 50 feet. The maximum surface area of Shani Pond as built is 0.15 acres. 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: The conditional water rights are all located upon land owned by the Applicants. Remarks: Applicants shall install and maintain such water measuring devices as deemed essential by the State Engineer or Division Engineer and the same shall be installed and operated in accordance with the instruction of that office. Applicants reserve the right to make absolute or seek continuing diligence on any conditional amounts not made absolute in this Application. 17CW3020, City of Greeley, Acting By And Through Its Water And Sewer Board (“Greeley”) And Leprino Foods Company; Greeley, c/o Eric Reckentine, Deputy Director of Water Resources, Greeley Water and Sewer Department, 1100 10th Street, Suite 300, Greeley, CO 80631, (970) 350-9811, eric.reckentine@greeleygov.com; Leprino Foods Company, c/o Jon B. Alby, Associate General Counsel, 1830 W. 38th Avenue, Denver, Colorado, 80211, (303) 480-2676, jalby@leprinofoods.com; direct pleadings and correspondence to: James S. Witwer, Andrea M. Bronson, Address: Temkin Hardt & Longenecker LLP, 1900 Wazee Street, Suite 303, Denver, Colorado, 80202, Phone Number: 303-292-4922, Fax Number: 303-292-4921, Email: witwer@twhlaw.com, bronson@twhlaw.com (representing Greeley); Charles B. White, David S. Hayes, Petros & White, LLC, 1999 Broadway, Suite 3200, Denver, CO 80202, Telephone: (303) 825-1980, Fax: (303) 825-1983, E-Mail: cwhite@petros-white.com, dhayes@petros-white.com (representing Leprino). APPLICATION FOR DETERMINATION OF AMOUNT, TIME, AND LOCATION OF REUSABLE EFFLUENT AND CONDITIONAL APPROPRIATIVE RIGHTS OF EXCHANGE IN WELD COUNTY. 1. Name, Address, Telephone Number, and email of the Applicants. (see above). 2. General Overview of Application. Leprino Foods Company (“Leprino”) owns a facility in Greeley that processes raw milk into various products, including but not limited to cheese, nonfat dried milk, and whey (“Leprino Plant”). Greeley provides treated water (“City Water”) to Leprino for use at the Leprino Plant. A portion of the City Water Greeley delivers to the Leprino Plant is legally reusable, as it derives from the sources listed in paragraph 6.a of this Application. City Water is used at the Leprino Plant for several uses, including outside irrigation, indoor domestic/sanitary purposes, use in cooling evaporators, and processing of dairy products and washing of equipment and machinery. In 2015, Greeley delivered approximately 1,621 acre-feet of City Water to the Leprino Plant. Raw milk that is purchased by Leprino and delivered to the Leprino Plant for processing into dairy products contains approximately 87.5% water. The Leprino Plant currently processes on average approximately 4.9 million pounds of milk per day, and Leprino presently contemplates that it will eventually be capable of processing approximately 8.1 million pounds of milk per day (containing 951 acre-feet of water per year). Some water content is retained in dairy products produced at the Leprino Plant, but most of the water is removed from the milk by Leprino at the Leprino Plant (the “Dairy Byproduct Water”). Leprino collects and maintains dominion and control of the Dairy Byproduct Water during its manufacturing operations, uses and reuses Dairy Byproduct Water (along with City Water) for processing of dairy products and washing of equipment and machinery, treats the Dairy Byproduct Water (and a portion of the City Water) at a dedicated, onsite wastewater treatment plant (“Leprino WWTP”), and delivers the resulting effluent to the Cache la Poudre River. Leprino has granted Greeley a license to use, reuse, successively use, and/or dispose of all of the Dairy Byproduct Water that is discharged from the Leprino Plant. Greeley treats at its own Water Pollution Control Facility (“Greeley WPCF”) (located adjacent to the Leprino WWTP) the wastewater from the indoor domestic/sanitary uses at the Leprino Plant. By agreement between Greeley and Leprino, the Greeley WPCF may also serve as a supplemental and/or emergency wastewater treatment plant at times when Leprino is unable to discharge effluent from the Leprino WWTP. Except in such limited circumstances and for effluent from indoor domestic/sanitary uses, the Leprino WWTP treats all water discharged from the Leprino Plant. As a result of the generation and use of Dairy Byproduct Water in Leprino’s manufacturing process, the total amount of treated effluent from the Leprino Plant discharged into the stream exceeds the amount of City Water delivered to the Leprino Plant. For example, in 2015 the Leprino WWTP and the Greeley WPCF discharged a total of

 

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approximately 1,867 acre-feet of water from the Leprino Plant to the Cache la Poudre River,1 which is greater than the approximately 1,621 acre-feet of City Water delivered to the Leprino Plant during that year. 3. Quantification Claim for City Water Effluent. Greeley seeks to quantify the amount, timing, and location of reusable effluent discharged from the Leprino WWTP and the Greeley WPCF attributable to Greeley’s fully reusable and consumable water supplies that it delivers to Leprino as City Water. Greeley claims the right to use, reuse, successively use, and dispose of to extinction the fully consumable portion of the City Water that it provides to Leprino in accordance with Greeley’s decrees for those supplies. 4. Determination and Quantification Claim for Dairy Byproduct Water. Greeley and Leprino seek a determination that the Dairy Byproduct Water is the property of Leprino, is fully consumable, and can be used, reused, successively used, and disposed of to extinction. Subject to the terms of the license from Leprino, Greeley claims the right to use, reuse, successively use, and dispose of to extinction the effluent from the Leprino Plant attributable to the Dairy Byproduct Water for all municipal uses, including augmentation and replacement. Greeley and Leprino seek to quantify the amount, timing, and location of reusable effluent discharged from the Leprino WWTP and the Greeley WPCF attributable to the Dairy Byproduct Water. 5. Exchange Claim. Greeley claims appropriative rights of exchange from the Leprino WWTP outfall to upstream points of diversion and storage on the Cache la Poudre River using, as the sources of substitute supply, the fully reusable and consumable portion of the effluent from the Leprino Plant described in paragraph 6 below. 6. Sources of Reusable Water Claimed. a. Greeley Reusable Supplies. The City Water Greeley delivers to Leprino includes fully reusable and consumable water supplies. Greeley claims the right to use, reuse, successively use, and dispose of to extinction for all municipal purposes the effluent attributable to its fully reusable and consumable supplies. Greeley’s fully reusable and consumable water supplies include water rights associated with (all decrees entered in the District Court for Water Division 1 unless otherwise noted): i. Greeley’s ownership of shares in the Greeley and Loveland Irrigation Company and Seven Lakes Reservoir Company, and ownership of rights in the Loveland and Greeley Reservoir, a.k.a. Lake Loveland, as changed in Case Nos. 87CW329, 95CW042, 99CW235, and any subsequent case; ii. Greeley’s ownership of shares in the Water Supply and Storage Company (“WSSC”), as changed in Case No. 07CW190, and any subsequent case; iii. Greeley’s ownership of shares of Class B common stock in the Windsor Reservoir and Canal Company, as changed in Case No. 06CW258, and any subsequent case; such shares entitle Greeley to a portion of the water diverted under water rights decreed to the Laramie River Tunnel and the related collection ditches and reservoirs known as the Laramie River System, to which water Windsor Reservoir and Canal Company is entitled by virtue of its ownership of stock in the Tunnel Water Company; iv. Greeley’s ownership of allotment contracts with the Municipal Subdistrict, Northern Colorado Water Conservancy District, which entitle Greeley to a portion of the water in, or naturally tributary to, the Colorado River decreed to the Windy Gap Project, which water rights are more particularly described in the decrees entered by the District Court for Water Division No. 5 in Civil Action No. 1768 and Case Nos. W-4001 and 80CW108, and/or in Case No. 89CW298; and v. Any other water rights that may be owned or acquired by Greeley to the extent they are decreed for municipal use and may be legally reused, successively used, and disposed of to extinction. b. Dairy Byproduct Water. Subject to the terms of the license from Leprino, Greeley claims the right to use, reuse, successively use, and dispose of to extinction for all municipal purposes the effluent from the Leprino Plant attributable to the Dairy Byproduct Water. 7. Uses. a. Greeley Reusable Supplies. Greeley will use the effluent attributable to its fully reusable and consumable water supplies for all municipal purposes in accordance with Greeley’s decrees for those sources. Greeley may reuse, successively use, and dispose of to extinction such water in accordance with Greeley’s decrees by direct use or exchange, including without limitation the exchanges claimed by this Application, or by storage and subsequent release. b. Dairy Byproduct Water. Greeley claims the right to use Dairy Byproduct Water derived from manufacturing operations at the Leprino Plant for all municipal

                                                            1 City Water used for Leprino indoor domestic/sanitary use and treated and discharged at the Greeley WPCF is not included in this total or this Application. Greeley may claim credit for such return flows under separate municipal return flow accounting approved under previous court decrees.

 

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purposes, including, without limitation, domestic, irrigation, watering of lawns, parks, and grounds, commercial, industrial, mechanical, manufacturing, power generation, fire protection, sewage treatment, recreation, fish and wildlife preservation and propagation, replacement of lake and reservoir evaporation, maintenance of adequate storage reserves, maintenance of historical return flows as required by judicial or administrative order, wetlands creation, maintenance, and enhancement, environmental mitigation and restoration, and replacement, augmentation, recharge, or substitution, by direct use or exchange, including without limitation the exchanges claimed by this Application, or by storage and subsequent release. The water will be used within Greeley’s service area and areas served by Greeley’s present and future extra-territorial customers, lessees, and contractees. Greeley claims the right to use, reuse, successively use, and dispose of to extinction the Dairy Byproduct Water. Greeley’s use of the Dairy Byproduct Water is subject to the terms of the license from Leprino. Nothing in this application or any decree entered in this case shall obligate Leprino to discharge any specific volume or quantity of Dairy Byproduct Water from the Leprino Plant. 8. Quantification Methodology. Greeley and Leprino propose to use water measurement data and mass balance calculations to quantify the amount, timing, and location of reusable effluent discharged from the Leprino WWTP and the Greeley WPCF attributable to Greeley’s fully reusable and consumable water supplies that it delivers as City Water to the Leprino Plant, and to the Dairy Byproduct Water that Leprino removes from raw milk during the manufacturing processes. The basic mass balance calculation will track the metered amount of City Water delivered to the Leprino Plant and the amount of City Water consumptively used within the Leprino Plant in order to quantify the percentage of effluent discharged from the Leprino Plant attributable to City Water; the remaining effluent will be considered attributable to Dairy Byproduct Water. Uses of City Water within the Leprino Plant considered to be fully consumptive for the purpose of this calculation include outside irrigation use and water used in cooling evaporators. This approach will enable Greeley and Leprino to quantify the portion of metered effluent that is attributable to City Water or Dairy Byproduct Water, and to determine the reusable and non-reusable portion of that effluent. For example, of the approximately 1,867 acre-feet of water discharged from the Leprino Plant to the Cache la Poudre River during 2015, approximately 1,465 acre-feet represented effluent associated with Greeley’s water supplies delivered as City Water (some of which was reusable), and approximately 402 acre-feet represented reusable Dairy Byproduct Water. 9. Manner of Use, Reuse, and Successive Use of Fully Consumable Effluent. Greeley and Leprino may use, reuse, successively use, and dispose of to extinction the effluent from the Leprino Plant attributable to the Dairy Byproduct Water. Greeley may use, reuse, successively use, and dispose of to extinction the fully consumable portion of the effluent from the Leprino Plant attributable to the use of City Water. Such use, reuse, successive use, and disposition may occur by direct use, by exchange, including without limitation the exchanges claimed by this Application, or substitution, by rediversion of the water for storage and later release, or by augmentation, replacement, and recharge. 10. Location of Wastewater Treatment Plant Outfalls. a. Leprino WWTP Outfall. The Leprino WWTP Outfall is located in the SW1/4 of the SW1/4 of Section 4, Township 5 North, Range 65 West, 6th P.M., Weld County, Colorado, as shown on Exhibit A to the Application. b. Greeley WPCF Outfall. The Greeley WPCF 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 in Section 4, Township 5 North, Range 65 West, 6th P.M., Weld County, Colorado, as shown on Exhibit A to the Application. 11. Dominion, Control, and Intent to Reuse. Greeley and Leprino seek confirmation that, by using the quantification method described in this Application, Greeley and Leprino will maintain dominion and control of the Dairy Byproduct Water and all reusable effluent from the Leprino Plant. 12. Non-Injury. Greeley’s use of the reusable effluent from the Leprino Plant as described and claimed herein will prevent material injury to holders or users of vested or decreed conditional water rights. 13. Conditional Rights of Exchange. a. Exchange reach. The exchange reaches are located on the Cache la Poudre River, from the outfall of the Leprino WWTP to the headgate of the Greeley Canal No. 3, and on Sheep Draw and an unnamed tributary thereof, from that draw’s confluence with the Cache la Poudre River to the locations of the Boomerang Reservoirs decreed in Case No. 05CW326. See Exhibit B to the Application. b. Exchange-from point. The Leprino WWTP Outfall, the location of which is described in paragraph 10.a above. c. Exchange-to

 

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points (all locations are in the 6th P.M., Weld County, Colorado). i. Greeley Canal No. 3 headgate: The decreed location of the Greeley Canal No. 3 headgate is in the NW1/4 of the SE1/4, Section 32, Township 6 North, Range 66 West, at a point approximately 1900 feet West of the East section line and 2200 feet North of the South section line of said Section 32. ii. Boyd and Freeman Ditch headgate: The decreed location of the Boyd and Freeman Ditch headgate is on the South side of the Cache la Poudre River in Section 34, Township 6 North, Range 66 West. iii. 35th Avenue Reservoir diversion structures: A diversion structure or structures for the purpose of diverting water tributary to the Cache la Poudre River, to be located on the south or east bank of such river in the NE1/4 of Section 34 or the NE1/4 or NW1/4 of Section 35, Township 6 North, Range 66 West. iv. 35th Avenue Drainage Ditch Diversion Point: A diversion structure located on the 35th Avenue Drainage Ditch in the SW1/4 of the NW1/4 of Section 36, Township 6 North, Range 66 West. v. Boomerang Reservoir No. 1: An on-channel reservoir to be located on Sheep Draw, tributary to the Cache la Poudre River in the SE1/4 of Section 14, and the SW1/4 of Section 13, Township 5 North, Range 67 West. vi. Boomerang Reservoir No. 2: An on-channel reservoir to be located on an unnamed drainage, tributary to Sheep Draw, tributary to the Cache la Poudre River in the SW1/4 of Section 18, Township 5 North, Range 66 West. d. Amount: 7.5 c.f.s., conditional. e. Water rights to be used as substitute supplies: The water rights described in paragraph 6(a), above, and the Dairy Byproduct Water. f. Proposed uses: All uses described in paragraph 7, above, including without limitation augmentation and replacement. g. Places of storage following exchange: Following Greeley’s diversion of water by exchange as described above, water may be stored simultaneously in places of storage including but not limited to the Flatiron Reservoirs Nos. 1–5 (Flatiron Reservoirs Nos. 1 and 2 are also known as the Poudre Ponds at Greeley), the F Street Reservoir, all as more particularly described in the decree in Case No. 99CW234, Boomerang Reservoirs Nos. 1 & 2 as more particularly described in paragraphs 13.c.v and 13.c.vi above and in the decree in Case No. 05CW226, and/or such other places of storage to be constructed in Sections 34 and/or 35, Township 6 North, Range 66 West, 6th P.M., Weld County, Colorado, in which Greeley may acquire a right to store water, including without limitation 35th Avenue Reservoir, more particularly described in the decree in Case No. 98CW476. Greeley intends to fill and repeatedly refill these reservoirs by exchange, with water otherwise legally and physically available for such purposes, or a combination thereof. h. Date of initiation of appropriation: February 14, 2017. i. How appropriation was initiated: By formation of the requisite intent to appropriate together with overt acts manifesting such intent, including but not limited to, acquiring a license to use, reuse, successively use, and dispose of to extinction the Dairy Byproduct Water, passage of a resolution by the Greeley Water and Sewer Board confirming the intent to appropriate, engineering studies related to the claimed appropriation, and the filing of this Application. j. Date water applied to beneficial use: N/A. 14. Statement of Rediversion. Greeley claims the right to redivert discharges from the Leprino WWTP and the Greeley WPCF attributable to Greeley’s fully reusable and consumable water supplies delivered to the Leprino Plant and the Dairy Byproduct Water produced from the Leprino manufacturing processes in any downstream structure that Greeley owns, has the right to use, or may acquire the right to use in the future, including but not limited to the place of diversion and place of storage listed below, for direct use or storage, and for the uses, locations, and users described in paragraph 7 above. a. Ogilvy Canal, the headgate for which is located on the north bank of the Cache la Poudre River in the SE1/4 of the SW1/4 of Section 4, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado. b. 8th Street Reservoir: To be constructed in parts of the N1/2 of the SE1/4 of the SW1/4, the S1/2 of the NE1/4 of the SE1/4, the N1/2 of the SW1/4 of the SE1/4 and the S1/2 of the NW1/4 of the SE1/4, all in Section 4, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado, as more particularly described in the decree entered in Case No. 99CW234. 15. Names and addresses of owners or reputed owners of the land upon which any new or existing 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. 8th Street Reservoir: Greeley Urban Renewal Authority, 1100 10th St., Suite 201, Greeley, CO 80631; and Leprino. b. Ogilvy Canal: Ogilvy Irrigating and Land Company; c/o Don Wacker; 28639 Weld County Road #58½, Greeley, CO 80631. c. 35th Avenue Reservoir and diversion structures: Martin Marietta Materials, Inc., c/o Baden Tax Management,

 

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P.O. Box 8040, Fort Wayne, IN 46898. d. Poudre Ponds at Greeley a.k.a. Flatiron Reservoirs Nos. 1 and 2: Greeley. e. Flatiron Reservoirs Nos. 3–5: Greeley. f. F Street Reservoir: Greeley. g. Boyd and Freeman Ditch: Boyd Irrigation Company, 1100 10th St., Suite 300, Greeley, CO 80631. h. Canal No. 3: Greeley Irrigation Company, P.O. Box 445, Greeley, CO 80632; and Greeley. i. Boomerang Reservoir No. 1: Steven T. Roach, 1130 50th Ave., Greeley, CO 80634; and Shupe Bros. Co., P.O. Box 1447, Greeley, CO 80632. j. Boomerang Reservoir No 2: Matthew J. Chrismar Trust, 2577 E County Road 60, Wellington, CO 80549. WHEREFORE, Applicants prays this Court enter a decree: 16. Declaring that the Dairy Byproduct Water is the property of Leprino, is fully consumable, and can be used, reused, successively used, and disposed of to extinction. 17. Quantifying the amount and timing of reusable effluent discharged from the Leprino WWTP and the Greeley WPCF attributable to: (a) Greeley’s fully reusable and consumable water supplies delivered as City Water to the Leprino Plant, and (b) the Dairy Byproduct Water. 18. Declaring that Greeley may use, reuse, successively use, and dispose of to extinction the effluent attributable to the fully consumable City Water that it provides to Leprino in accordance with Greeley’s decrees for those supplies. 19. Declaring that Greeley may use, reuse, successively use, and dispose of to extinction the effluent attributable to the Dairy Byproduct Water for all uses described in paragraph 7, including augmentation and replacement. 20. Confirming conditional appropriative rights of exchange from the Leprino WWTP outfall to the upstream points of diversion and storage described herein. 21. Granting such other and further relief as the Court deems proper. (13 pages).

17CW3021 RIVERSIDE IRRIGATION DISTRICT, 221 E. KIOWA STREET, FORT MORGAN, CO 80701 (970) 867-6586. Attorneys: Peter J. Ampe and Matthew A. Montgomery, Hill & Robbins, P.C., 1660 Lincoln St., Suite 2720, Denver, Colorado, 80264, Telephone 303-296-8100. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN WELD AND MORGAN COUNTIES. 2. Names of Structures: Vancil Reservoir, First Enlargement. 3. Describe conditional water right giving the following from the Referee's Ruling and Judgment and Decree: 3.1. Date of Original Decree: October 30, 1990; Case No. 88CW221; Court: District Court, Water Division No. 1. 3.2. Location: See Generally, Exhibit A. 3.2.1. Vancil Reservoir is an off-channel reservoir located in portions of Sections 28, 29, 32, and 33, T5S, R56W, 6th P.M., Morgan County, Colorado. The initial point of survey of the high water line of Vancil Reservoir is located on the left abutment of the dam at a point which bears approximately north 52°52′ west 1200 feet from the southeast corner of Section 29, T5N, R56W, 6th P.M., thence south 37°51′ east 940 feet; thence across Section 32 into section 33, T5N, R56W, 6th P.M., south 43°55′ east 1020 feet; thence north 87°34′ east 396 feet; thence south 35°35′ east 1000 feet; thence north 60°00′ east 2600 feet to the northeast end of the dam. 3.2.2. Point of diversion to storage: The ditch used to fill Vancil Reservoir is the Riverside Canal, having a capacity of 1000 cfs at the point of diversion located on the north bank of the South Platte River near Kuner, Colorado, in the SW/4 SW/4, Section 20, T5N, R63W, 6th P.M., Weld County Colorado. 3.3. Source: South Platte River and all tributaries intersecting the Riverside Canal, including natural runoff. 3.4. Appropriation Date: June 17, 1986. 3.5 Amount: 1950 acre-feet to be diverted through the Riverside Canal at a maximum rate of 1000 cfs, with the right to temporarily store water in Riverside Reservoir and Wildcat Reservoir and to fill and refill and maintain Vancil Reservoir at full capacity when water is legally available. Pursuant to the Decree in Case No. 96CW236, 658.4 cfs of the said 1000 cfs conditional diversion rate, and 1359 acre feet of the said 1950 acre feet conditional storage right, were made absolute. 3.6. Use: Irrigation, augmentation, recharge, replacement, domestic, municipal, industrial, stock water, recreational and wildlife purposes. The water stored in Vancil Reservoir or recharged to the alluvium of the South Platte River may be used directly or by exchange. The acreage to be irrigated includes land in Weld and Morgan Counties now, or in the future, included in Riverside Irrigation District under the provisions of the Irrigation District Law of 1905. The District is presently located on the north side of the South Platte River in Townships 4 and 5 North, Ranges 55 through 63 West, 6th P.M. in Weld and Morgan Counties. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: During the diligence period, Applicants have spent in excess of $3,537,898 on canal and

 

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inlet maintenance, reservoir maintenance, defense and prosecution of water right applications, spillway planning and construction, and river diversion maintenance, including over $225,936, related specifically to Vancil Reservoir. The Riverside system is an integrated system with Riverside Reservoir and Canal being integral to the continued development of Vancil Reservoir, First Enlargement. The peak diversion rate at the Riverside headgate during the diligence period was 611 cfs on June 22, 2014. The peak storage in Riverside Reservoir was 63,303 acre-feet on March 17, 2014. 5. Names and addresses of owner(s) of land on which points of diversion place of use are located: Riverside Irrigation District, 221 E. Kiowa Ave. Fort Morgan, CO 80701. 6. Request for finding of reasonable diligence: Applicant hereby requests the Court to enter a finding that, as to those portions of the right not previously made absolute, Applicant is proceeding in a reasonably diligent manner and that the waters claimed by Applicant can and will be diverted, or otherwise captured, possessed and controlled and will be beneficially used and the project can and will be completed with diligence and within a reasonable time. 17CW3022 Ronald Dean Baxter Revocable Trust dated August 14, 2003 and Stephanie Rose Baxter Revocable Trust dated August 14, 2003, as their interests may appear, 12291 N. Delbert Road, Parker, CO 80138 (James J. Petrock, 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 AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS,DOUGLAS COUNTY. 13.9 acres being Lot 91, Ponderosa East Subdivision, Filing 2, located in the SE1/4 of Section 9, T6S, R65W of the 6th P.M., Douglas County, as shown 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 aquifer is nontributary as described in Section 37-90-103(10.5), C.R.S. Estimated Amounts: Upper Dawson: 2.4 acre-feet, Lower Dawson: 1.3 acre-feet (includes groundwater in Permit No. 163354). Proposed Use: Domestic, 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: 2 acre-feet per year of 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 as decreed in Case No. 04CW314. Statement of plan for augmentation: The Upper Dawson groundwater will serve two residences (1 acre-foot per year per residence) for in house use (0.35 acre-feet), irrigation of 10,000 square-feet of home lawn and garden and trees (0.6 acre-feet per year), and stockwatering of four large domestic animals (0.05 acre-feet). Applicants reserve the right to amend these amounts and values without amending the application or republishing 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. Depletions may occur to the Piney and Coal Creek stream systems. Return flows accrue to the South Platte River 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 as decreed in Case No. 04CW314 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). 17CW3023 Frederica Riahi, 1194 Outter Marker Road, Castle Rock, CO 80108 and John Rasure and Kendra Ley, 4064 Opportunity Drive, Castle Rock, CO 80109 (James J. Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NOT NONTRIBUTARY LOWER DAWSON AND DENVER AQUIFERS, DOUGLAS COUNTY. 16.8 acres being Lots 1, 2, and 3, Happy Canyon, Filing 5, First Amendment, generally located in the SE1/4 of Section 15, T7S, R67W of the 6th P.M., Douglas County,

 

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as shown on Attachment A hereto ("Subject Property"). Applicant Frederica Riahi is owner of Lots 1 and 3, and Applicants John Rasure and Kendra Ley are owners of Lot 2. Applicants will own the groundwater requested herein underlying their respective lots. Source of Water Rights: The Lower Dawson and Denver aquifers are not nontributary as described in Sections 37-90-103(10.7), C.R.S. Estimated Amounts: Lower Dawson: 6 acre-feet, Denver: 8 acre-feet. Proposed Use: Domestic, including in house, irrigation, livestock watering, fire protection, and augmentation purposes. Description of plan for augmentation: Groundwater to be augmented: 3 acre-feet per year of not nontributary Lower Dawson and Denver aquifer groundwater as requested herein. Water rights for augmentation: Return flows from the use of not nontributary Lower Dawson and Denver aquifers and return flows from or direct discharge of nontributary Arapahoe and Laramie-Fox Hills aquifer ground water underlying the Subject Property as decreed in Case No. 98CW472. Statement of plan for augmentation: The Lower Dawson and Denver aquifer groundwater will serve each lot (1 acre-foot per year from each aquifer for each lot) for in house use (0.35 acre-feet), irrigation of 9500 square-feet of home lawn and garden and trees (0.55 acre-feet per year), and stockwatering of four to eight large domestic animals (0.1 acre-feet). Applicants reserve the right to amend these amounts and values without amending the application or republishing the same. Sewage treatment for in house use will be provided by non-evaporative septic systems. Return flows associated with in-house use will be approximately 90% of water used for that purpose and return flow 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 for pumping of the Lower Dawson aquifer and 4% of the annual amount withdrawn for pumping of the Denver aquifer groundwater pursuant to Section 37-90-137(9)(c.5), C.R.S. Depletions may occur to the Plum or Cherry Creek stream systems. Return flows accrue to the South Platte River stream system, and those return flows are sufficient to replace the required depletions while the subject groundwater is being pumped. Applicant swill reserve an equal amount of nontributary Arapahoe and Laramie-Fox Hills aquifer groundwater decreed in Case No. 98CW472 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). 17CW3024 Lokal Two Bridges, LLC, 8310 S. Valley Highway, #115, Englewood, CO 80112 (Frederick A. Fendel, III, 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 Approximately 556.61 acres located in parts of Sections 23, 24, 25, and 26, T7S, R66W, and Section 30, T7S, R65W, 6th P.M., Douglas County, as described and shown on Attachment A hereto ("Subject Property"). Source of Water: The Upper Dawson aquifer is not nontributary as described in Sections 37-90-103(10.7), C.R.S. Estimated Annual Amount: Applicant requests quantification of 26 acre-feet per year, being a portion of the Upper Dawson ground water underlying the Subject Property, for use in the plan for augmentation requested herein. Use: Domestic, including inhouse use, commercial, irrigation, livestock watering, fire protection, and augmentation purposes, both on and off the Subject Property. Description of plan for augmentation: Groundwater to be augmented: 26 acre-feet per year of Upper Dawson aquifer groundwater requested herein. Water rights for augmentation: Return flows from the use of not nontributary Upper Dawson aquifer herein and return flows from or direct discharge of nontributary Laramie-Fox Hills aquifer groundwater as decreed in Case No. 84CW657, District Court, Water Division 1. Applicant is the owner of 39 acre-feet per year of Laramie-Fox Hills aquifer groundwater decreed in Case No. 84CW657 of which 26 acre-feet per year will be used in this case. Statement of plan for augmentation: The Upper Dawson aquifer groundwater will serve up to 26 residential lots on the Subject Property which will be served with individual wells. Each well will withdraw 1 acre-foot per year for use in one residence (0.35 acre-feet), irrigation of up to 10,000 square-feet of home lawn, garden and trees (0.6 acre-feet), and stockwatering of up to 4 large domestic animals (0.05 acre-feet). Applicant reserves the right to revise the mix of uses without having to amend the application or republish the application. Sewage treatment for inhouse use will be provided by non-evaporative septic systems. Return flows from in-house use will be

 

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approximately 90% and from irrigation will be approximately 15% of the annual amount used. No return flow is claimed from watering of animals. During pumping Applicant 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 Cherry Creek stream system. Return flows from inhouse and irrigation use accrue to the Cherry Creek stream system. Return flows will be sufficient to replace actual depletions while the subject groundwater is being pumped. Applicant will reserve an equal amount of the nontributary Laramie-Fox Hills aquifer groundwater decreed in Case No. 84CW657 to meet post pumping augmentation requirements. Further, Applicant prays that this Court grant the application and for such other relief as seems proper in the premises. (7 pages). 17CW3025 Deuel and Snyder Improvement Company, c/o Joe Baumberger, Ditch Board President, P.O. Box 89, Fort Morgan, CO 80701. Please send correspondence and pleadings to: David P. Jones and Wesley S. Knoll, Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO 80534, Phone: (970) 622-8181; david@ljcglaw.com; wes@ljcglaw.com. CONCERNING THE APPLICATION FOR UNDERGROUND WATER RIGHTS AND TO ADD WATER RIGHTS TO THE PLAN FOR AUGMENTATION DECREED IN CASE NO. 03CW222, in MORGAN COUNTY. 2. Purpose of Application: Adjudication of underground water rights for augmentation, replacement and exchange and to include these water rights in the Deuel and Snyder Plan for Augmentation decreed in Case no. 03CW222 (“Plan for Augmentation”) pursuant to paragraph 20.5 of the 03CW222 decree. Applicant claims the use, reuse and successive uses of the water diverted for augmentation purposes under the subject water rights to extinction, either directly or by exchange. Claims for Underground Water Rights 3. Name of Structure: Weisbart Well; WDID 0108867, Permit No. 8550-R-R 3.1. Legal description: The well is located in the NW1/4 of the NW1/4 of Section 31, Township 4 North, Range 57 West of the 6th P.M at a point 1205 feet from the North section line and 1135 feet from the West Section line. 3.2. Use: Augmentation, replacement, and exchange. 3.3. Source: Groundwater tributary to the South Platte River 3.4. Amount: 1925 g.p.m., Conditional 3.5. Date of Appropriation: the date of filing of this application 3.6. How appropriation was initiated: the filing of this application and the formation of the intent to appropriate water for beneficial use. 3.7. Date water applied to beneficial use: N/A 3.8. Landowner: Rule Feeders, LLC, P.O. Box 217, Brush, CO 80723 4. Name of Structure: Guthrie Land Co. 1; WDID 01062776, Permit No. 6117-R 4.1. Legal description: The well is located in the SW1/4 of the SW1/4 of Section 27, Township 4 North, Range 57 West of the 6th P.M. (UTM: Northing 4459296.3, Easting 606162.7) 4.2. Use: Augmentation, replacement, and exchange. 4.3. Source: Groundwater tributary to the South Platte River 4.4. Amount: 1800 g.p.m. Conditional 4.5. Date of Appropriation: the date of filing of this application 4.6. How appropriation was initiated: the filing of this application and the formation of the intent to appropriate water for beneficial use. 4.7. Date water applied to beneficial use: N/A 4.8. Landowner: Joe & Irma Baumberger, 21486 MCR T.5, Ft. Morgan, CO 80701 5. Name of Structure: Guthrie Land Co. 3; WDID 0106778 Permit No. 6045-R 5.1. Legal description: The well is located in the NW1/4 of the NE1/4 of Section 33, Township 4 North, Range 57 West of the 6th P.M. (Northing 4458882.8, Easting 605358.0) 5.2. Use: Augmentation, replacement, and exchange. 5.3. Source: Groundwater tributary to the South Platte River 5.4. Amount: 2000 g.p.m. Conditional 5.5. Date of appropriation: the date of filing of this application 5.6. How appropriation was initiated: the filing of this application and the formation of the intent to appropriate water for beneficial use. 5.7. Date water applied to beneficial use: N/A 5.8. Landowner: Joe & Irma Baumberger, 21486 MCR T.5, Ft. Morgan, CO 80701 6. Name of Structure: Guthrie Land Co. 2; WDID 0106777, Permit No. 3027-F-R 6.1. Legal description: The well is located in the SE1/4 of the SW1/4 of Section 27, Township 4 North, Range 57 West of the 6th P.M. at a point 310 from the South section line and 1500 from the West section line. 6.2. Use: Augmentation, replacement, and exchange. 6.3. Source: Groundwater tributary to the South Platte River 6.4. Amount: 1945 g.p.m. Conditional 6.5. Date of appropriation: the date of filing of this application 6.6. How appropriation was initiated: the filing of this application and the formation of the intent to appropriate water for beneficial use. 6.7. Date water applied to beneficial use: N/A. 6.8. Landowner: Joe & Irma Baumberger, 21486 MCR T.5, Ft. Morgan, CO 80701 7. Name of Structure:

 

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Twamore Farms 2; WDID 0108673, Permit No. 13310-R 7.1. Legal description: The well is located in the NW1/4 of the NE1/4 of Section 32, Township 4 North, Range 57 West of the 6th P.M (UTM: Northing 4458860.3, Easting 603736.7) 7.2. Use: Augmentation, replacement, and exchange. 7.3. Source: Groundwater tributary to the South Platte River 7.4. Amount: 1800 g.p.m. Conditional 7.5. Date of appropriation: the date of filing of this application 7.6. How appropriation was initiated: the filing of this application and the formation of the intent to appropriate water for beneficial use. 7.7. Date water applied to beneficial use: N/A. 7.8. Landowner: Brian & Kolleen Kembel, 19525 County Road T, Fort Morgan, CO, 80701 Addition of Wells to Plan for Augmentation 8. Description: The Wells listed above in paragraphs 3 through 7 are existing augmented structures listed on Table 1 to the decree entered in Case no. 03CW222. The Wells are currently decreed for irrigation and will continue to be used for irrigation. With this Application, Applicant intends to add these Wells as additional Augmentation Wells and to use the Wells for the water rights being decreed herein under the same terms and conditions set forth in paragraph 17 for existing Augmentation Wells decreed in 03CW222. All diversions by the wells for augmentation, replacement and exchange purposes will be measured with separate totalizing flow meters as required by said paragraph 17. Applicant intends to operate the Wells and to replace 100% of all out-of priority depletions by the Wells pursuant to the 03CW222 Plan for Augmentation. No other changes to the Plan for Augmentation are proposed with this Application. The original format of this application is five (5) pages in length. 17CW3026 Roger and Nancy Adamchak, 8177 Burning Tree Drive, Franktown, CO 80116 (James Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND WATER RIGHT AND UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AQUIFERS, DOUGLAS COUNTY. 5 acres being Lot 63, Burning Tree Ranch, generally located in the SW1/4SW1/4 of Section 36, T7S, R66W of the 6th P.M., Douglas County, as shown on Attachment A hereto (Subject Property). Lower Dawson: 0.53 acre-feet, Denver: 1.92 acre-feet, Arapahoe: 2.35 acre-feet; Laramie-Fox Hills: 1.43 acre-feet. Uses: Domestic, commercial, irrigation, livestock watering, fire protection and augmentation purposes, including storage, on and off the Subject Property. Request for underground water rights pursuant to Section 37-92-602(4), C.R.S.: Well Permit No. 106583; Priority and Appropriation Date: February 21, 1979; Source and Well Depth: Upper Dawson aquifer/304 feet deep; Amount: 15 gpm/1 acre-foot (absolute); Use: household purposes in one single family dwelling, fire protection, watering of 4 large domestic animals, and irrigation of one-third acre of home lawn and garden; Legal Description: Located in the SW1/4SW1/4 of Section 36, T7S, R66W of the 6th P.M., Douglas County, 680 feet from the south and 572 feet from the west section lines. (Copy of well permit record attached). Further, Applicants pray that this Court grant the application and for such other relief as seems proper in the premises. (10 pages). 17CW3027 Stephen Fowler and Barbara Wolfe, 5219 Stone Canon Ranch Road, Castle Rock, CO 80104 (James J. Petrock, 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. 35 acres being Tract 16, Stone Canon Ranch, generally located in the NW1/4 of Section 7, T9S, R66W of the 6th P.M., Douglas County, as described and shown 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: Upper Dawson: 8 acre-feet (reduced for Permit 223765), Lower Dawson: 4 acre-feet, Denver: 26 acre-feet, Arapahoe: 23 acre-feet, Laramie-Fox Hills: 9acre-feet. Proposed Use: Domestic, commercial, irrigation, agriculture, livestock watering, fire protection, and augmentation purposes, including storage, both on and off the Subject Property.

 

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Description of plan for augmentation: Groundwater to be augmented: 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 in house use in up to three single family residences, irrigation of lawn, garden, trees, pasture and hay, stockwatering, fire protection, and storage. Applicants reserve the right to revise these 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 in house 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. Applicants estimate that depletions occur to the East Plum Creek stream system. Return flows accrue to the South Platte River stream systems, 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. (7 pages). 17CW3028 Spruce Mountain Properties, Inc., 7353 South Eagle Street, Centennial, CO 80112 (James Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR PLAN FOR AUGMENATION, DOUGLAS COUNTY. Groundwater to be augmented: 177 acre-feet per year of not nontributary Dawson aquifer groundwater as decreed in Case No. 86CW057, District Court, Water Division 1. Applicant is the owner of 434 acres and the underlying groundwater which is the subject of this application, located in parts of Sections 27, 28 and 33, T10S, R67W of the 6th P.M. as shown on Attachment A hereto (Subject Property). Applicant also has the right to withdraw and use 30 acre-feet per year of Dawson aquifer groundwater on the Subject Property pursuant to Case No. 13CW3070, and the groundwater which is the subject of this application will be withdrawn in combination with that groundwater, for the same uses, and with the same conditions as referenced in the decree in Case No. 13CW3070. Water rights to be used for augmentation: Return flows from the use of not nontributary Dawson aquifer groundwater and return flows and direct discharge of nontributary groundwater underlying the Subject Property as previously decreed in this court in Case No. 86CW056. Statement of plan for augmentation: The Dawson aquifer groundwater will be used for limited domestic use, irrigation of lawn, garden, trees, hay and pasture, stockwatering and storage. 90% of the water used for domestic use will return to the stream system using non-evaporative septic systems and 15% of water used for irrigation use will return to the stream system. Water used for stockwatering and storage is considered to be 100% consumed and water may be stored prior to irrigation use. During pumping Applicant will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c), C.R.S. Pursuant to prior decree in Case No. 13CW3070, the actual depletion at 100 years of pumping is 7.549% of the annual amount withdrawn. Depletions occur to the East Plum Creek stream system. Return flows from use of the groundwater from domestic and irrigation use will accrue to the South Platte River system and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. If the return flows are not sufficient to replace actual depletions in any year, Applicant will replace the required depletion using the Dawson aquifer groundwater herein or from an existing nontributary Denver aquifer well located on the Subject Property. Applicant will reserve an equal amount of nontributary groundwater underlying the Subject Property to meet future augmentation requirements. Further, Applicant prays that this Court grant the application and for such other relief as seems proper in the premises. (4 pages). 17CW3029 (10CW239, 03CW411, 96CW1173, 87CW297). William J. Hogan, JoAnn Sharp, and John C. Hogan (“Applicants”), 11919 State Highway 93, Boulder, Colorado 80303.DISTRICT COURT, WATER DIVISION NO. 1, STATE OF COLORADO. Weld County Courthouse, 901 9th Avenue, P.O. Box 2038, Greeley CO 80632. CONCERNING THE APPLICATION FOR WATER RIGHTS OF: WILLIAM J. HOGAN, JOANN SHARP, AND JOHN C. HOGAN, IN JEFFERSON

 

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COUNTY. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. 1. Name, address and telephone number of Applicant: William J. Hogan, JoAnn Sharp, and John C. Hogan (“Applicants”), 11919 State Highway 93, Boulder, Colorado 80303. Applicants have created trusts which hold a portion of the title to the Hogan Ranch and the subject water rights, as follows: Bill Hogan Living Trust, JoAnn T. Sharp Living Trust, Christopher R. Bergquist Sr., Living Trust, and John C. Hogan. The address for Applicants is unchanged. Direct all pleadings to: Steve Bushong, Corina Hach, Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, Colorado 80302, (303) 443-6800. 2. Name of Structures: A. Hogan Ditch No. 2. B. Hogan Reservoir No. 2. 3. Description of Conditional Rights: A. Original decree: Decree of the Water Court, Water Division No. 1, in Case No. 87CW297, dated December 13, 1990. Findings of reasonable diligence were entered in Case No. 96CW1173, Case No. 03CW411 and Case No. 10CW239. B. Decreed location of structures: i. Hogan Ditch No. 2: The point of diversion for Hogan Ditch No. 2 is located in the E1/2 of the SW1/4, Section 5, Township 2 South, Range 70 West, 6th P.M., Jefferson County, Colorado, at a point approximately 1,475 feet from the south line and 1,630 feet from the west line of said Section 5. From this point, Hogan Ditch No. 2 heads northeast and terminates at Hogan Reservoir No. 2. Hogan Ditch No. 2 is used to fill Hogan Reservoir No. 2. ii. Hogan Reservoir No. 2: Hogan Reservoir No. 2 is located in a portion of the NW1/4 of the SE1/4, and the NE1/4 of the SW1/4, both in Section 5, Township 2 South, Range 70 West, 6th P.M., Jefferson County, Colorado. A map depicting the approximate location of the above structures on the Hogan Ranch is attached hereto as Exhibit A. C. Source of water: i. Hogan Ditch No. 2: A spring located at the point of diversion for Hogan Ditch No. 2, tributary to Coal Creek, tributary to the South Platte River. ii. Hogan Reservoir No. 2: Hogan Ditch No. 2 is the source for Hogan Reservoir No. 2. D. Appropriation dates (both structures): June 1, 1938 (for irrigation, livestock and domestic purposes); December 1, 1985 (for municipal, commercial, industrial, exchange, replacement, augmentation and related beneficial uses). E. Amount of water: i. Hogan Ditch No. 2: 70 gpm (0.156 cfs). ii. Hogan Reservoir No. 2: 12 acre feet, with the right to fill and refill repeatedly at a filling rate of 0.156 cfs. F. Use (both structures): In Case No. 87CW297, the structures were originally decreed absolute for irrigation, livestock and domestic purposes; and conditional for municipal, commercial, industrial, exchange, replacement, augmentation and related beneficial uses. In Case No. 96CW1173, commercial and industrial uses were made fully absolute. Findings of reasonable diligence have been entered in Case Nos. 96CW1173, 03CW411 and 10CW239 for municipal, exchange, replacement, augmentation and related beneficial uses, and the conditional water rights for said uses have been continued in full force and effect. 4. Detailed outline of work done to complete the project and apply water to beneficial use: The subject water rights were previously decreed as components of Applicants’ integrated water supply system. Since the last diligence decree was entered in Case No. 10CW239, Applicants have undertaken the following specific activities that demonstrate diligence with regard to the subject conditional rights: A. Applicants renewed their lease with Texas Industries, Inc. (“TXI”) and its successor-in-interest, Trinity Industries, Inc. (“Trinity”) to permit the continued extraction of aggregate materials from Applicant’s property. The mining activities are currently creating a water storage facility, the depletions from which may be augmented by the subject water rights in the future. B. All water diverted and stored by the subject water rights since the decree was issued in Case No. 10CW239 that was not used directly by Applicants has been used by TXI and Trinity by agreement. Applicants continue to plan for the use of their integrated water supply system after Trinity’s work is completed. Trinity plans to excavate another roughly 225,000 tons of shale a year for the next several years and will rely upon the subject water rights and Hogan’s other water rights for that operation. C. Improvements, maintenance and operation needed to allow the delivery of the subject water rights and other water rights owned by Applicants to TXI and Trinity, such as pumps, valves, piping, pressure switches, and other infrastructure and actions have had a documented cost of $182,652 over the past roughly six years. D. Applicants have installed other improvements including a flume and headgate on Hogan Ditch No. 2. E. Applicants’ property has been encumbered with a deed of conservation easement that retains Applicants’ right to construct five residences, in addition to the two residences already in existence. Applicants have not yet finalized their plans for the development rights which will require a portion of the subject water rights. F. Applicants will enter into a contract with a municipal

 

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water supply provider regarding the subject water rights and other Hogan water rights prior to completion of the mining work by Trinity. All of the above activities are necessary prerequisites to applying the subject conditional water right to the remaining conditional beneficial uses of municipal, exchange, replacement, augmentation and related beneficial uses. 5. The name and address of the owner of the land on which the structures are located, upon which the water is diverted, and upon which the water will be placed to beneficial use: Applicants own the land upon which the Hogan Ditch No. 2 and Hogan Reservoir No. 2 are located and upon which the water is diverted. Water is placed to beneficial use on lands owned by Applicants and on lands owned by Trinity. Trinity’s address is: c/o Roy Hicks, 11728 Highway 93, Boulder, CO 80303. WHEREFORE, Applicants request that the Court enter a decree finding the Applicants reasonable diligent in applying the Hogan Ditch No. 2 and Hogan Reservoir No. 2 water rights to municipal, exchange, replacement, augmentation and related beneficial uses. (5 pages + exhibit) 17CW3030 Columbine Country Club, 17 Fairway Lane, Littleton, CO 80123, through their attorneys: Petrock & Fendel, P.C., Matthew S. Poznanovic, Atty. Reg. #29990, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE CONDITIONAL WATER RIGHTS ABSOLUTE, IN ARAPAHOE COUNTY. 2. Decree Information: Originally decreed in Case No. W-8740-77 on November 9, 1983. Decrees finding reasonable diligence for the conditional water rights entered in Case No. 87CW173 on November 4, 1988, Case No. 94CW224 on September 18, 1996, Case No. 02CW203 on September 10, 2004 and Case No. 10CW237 on February 7, 2011. 3. Name of structure: Dutch Creek Lake. 4. Source of water: Dutch Creek. 5. Date of appropriation: June 24, 1959. 6. Amount: 1.5 acre-feet with right to refill (conditional). 7. Location of Structure: The center of the dam is located in the golf course at Columbine Country Club at a point which is N. 10.5 degrees W., 1500 feet of the Southeast corner of Section 19, T. 5 S., R. 68 W. of the 6th P.M., Arapahoe County. 8. Uses: Recreational, landscaping, aesthetic, and irrigation. Recreational and aesthetic use was previously decreed absolute in Case No. 94CW224. APPLICATION TO MAKE ABSOLUTE 9. In May 2011, 0.003 acre-feet was diverted and stored in priority in Dutch Creek Lake pursuant to the conditional water rights and put to the beneficial uses of irrigation and landscaping. Applicant requests 0.003 acre-feet of the conditional water rights be made absolute for irrigation and landscaping uses. In the alternative and if these amounts are not made absolute, Applicant requests that a diligence finding be made to continue these amounts pursuant to the activity described below. APPLICATION FOR FINDING OF REASONABLE DILIGENCE 10. This Application for Finding of Reasonable Diligence is filed pursuant to the Water Right Determination and Administration Act of 1969, Sec. 37-92-302, C.R.S. 11. During this diligence period, in continuing the development of the conditional water rights, Applicant has been engaged in the legal defense and protection of said water rights and has been diligent in the continued use and development of the water rights involved. These activities include, but are not limited to, the following: 11.1 Applicant dredged Dutch Creek Lake, and expended approximately $92,000 for said dredging. 11.2 Applicant consulted with the US Army Corps of Engineers to confirm dredging of Dutch Creek Lake is within nationwide permit authorization. Applicant’s consultant prepared and submitted a study as part of the consultation. Applicant’s additional work performed in relation to the nationwide permit authorization included installation of temporary silt fencing and sand bags and restoration of the banks of Dutch Creek Lake. Expenditures for activities associated with the nationwide permit were approximately $6,000. 11.3 Applicant applied for and obtained a storm water management permit from the Town of Columbine Valley for dredging Dutch Creek Lake. 11.4 A Survey, Stage Area Capacity Table were prepared, and staff gauge installed, for Dutch Creek Lake at a cost of approximately $2,500. 11.5 Applicant’s consultant prepared updates to its accounting form that includes the Dutch Creek Lake conditional storage water rights to address comments received from the Division of Water Resources. 11.6 Applicant has continued to store water in Dutch Creek Lake for previously decreed absolute uses. 11.7 Water was diverted in priority and beneficially used under the conditional water rights described above. 11.8 Applicant purchased and installed a new water feature and electric cable in Dutch Creek

 

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Lake at a cost of approximately $6,500. 11.9 Daily diversion records for the subject water right are prepared, maintained and provided to the Office of the Division Engineer. 11.10 Applicant has incurred additional expenses for legal, consulting, and engineering work. 11.11 During the diligence period, legal counsel for Applicant has reviewed the resume of applications as published by the Water Clerk for Water Division 1 and advised Applicant whether Statements of Opposition need to be filed to protect the water rights. 11.12 The work and expenditures listed above are illustrative and not exhaustive. Additional work and additional or revised expenditures may be claimed in support of this application. 12. Names and addresses of owners of land upon which structures for the water rights are located: Applicant is the owner of the Dutch Creek Lake. WHEREFORE, Applicant requests that this Court enter a decree finding that Applicant has made 0.003 acre-feet of the conditional water rights for Dutch Creek Lake absolute for irrigation and landscaping uses, has exercised reasonable diligence in the development of the remaining conditional water rights, continuing the remaining conditional water rights, and for such other and further relief as this Court deems just and proper in the premises. (5 pages). 17CW3031, Sorin Natural Resource Partners, LLC, a Colorado limited liability company, c/o Byron Levkulich, 1530 16th Street, Suite 300, Denver, CO 80202 and Denver-Julesburg Water Resource Partners, LLC, c/o Byron Levkulich, 1530 16th Street, Suite 300, Denver, CO 80202 (c/o Timothy J. Flanagan and Steven W. Fox, 1640 Grant Street, Denver, Colorado 80203). CONCERNING THE APPLICATION FOR WATER RIGHTS OF: SORIN NATURAL RESOURCE PARTNERS, LLC AND DENVER-JULESBURG WATER RESOURCE PARTNERS IN WELD AND LARIMER COUNTIES. 2. APPLICATION FOR CONDITIONAL APPROPRIATIVE RIGHT OF EXCHANGE 2.1 Name of Exchange: Sorin Godfrey Share Water – Shaw Lakes Exchange 2.2. General Description of Exchange: Sorin owns certain water rights decreed for augmentation, replacement, recharge and exchange. These water rights include, without limitation, senior direct flow rights for which a change of use has been decreed as well as conditional recharge rights. Sorin has also leased fully consumable supplies whose decreed uses include exchange, augmentation and replacement. Applicants wish to adjudicate an appropriative right of substitution and exchange allowing the use of these rights as a source of substitute, replacement and augmentation supply, and certain upstream diversion structure for which Sorin has secured a legal right to use as an “exchange to” point where the water will then be diverted and carried to storage structures for which Sorin has also secured a legal right to use. 2.3. Amount: 10.0 c.f.s. 2.4 Source: South Platte River, St. Vrain Creek and Boulder Creek 2.5 How appropriation was initiated for exchange: Sorin appropriated this conditional water right by forming the intention to appropriate coupled with performing overt, physical acts constituting a first step towards diversion and application of the claimed water right to a beneficial use. The intent to appropriate was evidenced by signature of Sorin’s authorized representative on this Application. The overt acts include, but are not limited to, acquisition of a long-term lease of storage capacity in the Middle Shaw Lake No. 2 and North Shaw Lake No. 3 and performing engineering analysis of the exchange potential between the “Exchange From” and “Exchange To” Locations as more fully defined below. 2.6 Appropriation Date: February 24, 2016. 2.7 Exchange From Locations: 2.7.1 Existing augmentation stations identified in Paragraphs 7.3.1.18.8(1) and 7.3.1.18.8(3) of the decree in Case No. 12CW179 to include the following: (1) Existing return structure (CCWCD Godfrey Aug. Station, WDID No. 0201022) located generally in the NW1/4 SW1/4 of Section 31, Township 5 North, Range 65 West, 6th P.M. The point of discharge to the South Platte River and Exchange From point is located in the NE1/4 of the NW1/4 of Section 31, Township 5 North, Range 65 West, 6th P.M., approximately 2,300 feet from the West Section line and 1,120 feet from the North Section line. (2) Godfrey Station #2 (WDID No. 0202219) located generally in the SW1/4, NE1/4 of Section 3, Township 4 North, Range 66 West, 6th P.M. The point of discharge to the South Platte River and Exchange From point is located in the NE1/4 of the NW1/4 of Section 3, Township 4 North, Range 66 West, 6th P.M., approximately 2,910 feet from the West Section line and 980 feet from the North Section line. 2.7.2 Proposed Sorin Augmentation Station (SAS). The SAS will be located in the SE1/4, SE1/4 of Section 35, Township 5 North, Range 66 West, 6th. P.M., at a point 830 feet west of the East Section line and 50 feet north of the South Section line. The

 

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point of discharge to the South Platte River and Exchange From point is to be located generally in the SW1/4 NW1/4 of Section 36, Township 5 North, Range 66 West, 6th P.M. Applicants’ “Exchange From Locations” are identified on the attached Figure 1. 2.8 Exchange To Locations: 2.8.1 Idaho Creek Diversion Structure The Idaho Creek Diversion Structure (WDID No. 0600783) diverts off of the south side of Boulder Creek, located in the NW1/4 of SW1/4 of Section 29, Township 2 North, Range 68 West of the 6th P.M. and is shown on Figure 1, attached. 2.9 Storage of Exchanged Water: Water exchanged to the Idaho Creek Diversion Structure identified in Paragraph 2.8.1 above pursuant to the exchange identified in this Application shall then be diverted for carriage in Idaho Creek where it will be subsequently diverted and stored in the following structures which are shown on Figure 1, attached: 2.9.1 Middle Shaw Lake No. 2 (WDID No. 0603368) 2.9.1.1 Legal Description: In S1/2 of NW1/4, Section 29, Township 2 North, Range 68 West, 6th P.M., Weld County Colorado with an approximate center point 2,200 feet from the North section line and 1,350 feet from the West section line. 2.9.1.2 Names of the Structures: The following may be used to fill the reservoir and the legal descriptions of the points of diversion. Middle Shaw Lake No. 2 will be filled with diversions from Idaho Creek via Shaw Lakes Diversion Structure No. 1. Water diverted to Middle Shaw Lake No. 2 via Shaw Lakes Diversion Structure No. 1 may be transferred from Middle Shaw Lake No. 2 to North Shaw Lake No.3 via a pump. Idaho Creek – Shaw Lakes Diversion Structure No. 1 (WDID No. 0600786). The point of diversion of the Idaho Creek - Shaw Lakes Diversion Structure No. 1 is on the relocated Idaho Creek in the SE1/4, NW1/4, Section 29, Township 2 North, Range 68 West, 6th P.M. 2.9.2 North Shaw Lake No. 3 (WDID No. 0603369) 2.9.2.1 Legal Description: In E1/2 of NW1/4 and the N1/2 NE1/4, Section 29 and the SE1/4 of Section 20, both in Township 2 North, Range 68 West, 6th P.M., Weld County Colorado with an approximate center point 150 feet from the North section line and 1,800 feet from the East section line. 2.9.2.2 Names of the Structures: The following may be used to fill the reservoir and the legal descriptions of the points of diversion. North Shaw Lake No. 3 will be filled with diversions from Idaho Creek via Shaw Lakes Diversion Structure No. 2. Water diverted to Middle Shaw Lake No. 2 via Shaw Lakes Diversion Structure No. 1 may also be transferred from Middle Shaw Lake No. 2 to North Shaw Lake No.3 via a pump. Idaho Creek – Shaw Lakes Diversion Structure No. 1. The point of diversion of the Idaho Creek - Shaw Lakes Diversion Structure No. 1 is on the relocated Idaho Creek in the SE1/4, NW1/4, Section 29, Township 2 North, Range 68 West, 6th P.M. Idaho Creek – Shaw Lakes Diversion Structure No. 2. The point of diversion of the Idaho Creek - Shaw Lakes Diversion Structure No. 2 is on the relocated Idaho Creek in the NW1/4, NE1/4, Section 29, Township 2 North, Range 68 West, 6th P.M. Weld County, Colorado. Idaho Creek – Shaw Lakes Diversion Structure No. 2 diverts directly into North Shaw Lake No. 3 and would be used to fill Middle Shaw Lake No. 2 via interconnect pipe. 2.10 Sources of Substituted Supply: The source of substitute water supply for this exchange includes any water owned, controlled, or available for use by Applicants that may be lawfully diverted from the South Platte River and its tributaries in Larimer and Weld Counties, which includes, but is not necessarily limited to, the following: 2.10.1 Godfrey Ditch shares with changed uses decreed in Case No. 12CW179. The Godfrey Ditch Headgate (WDID No. 0200830) is located in the SE1/4 of Section 3, Township 4 North, Range 66 West of the 6th P.M. Water derived from these shares in the Godfrey Ditch that are part of this exchange shall be returned to the South Platte River at one or more augmentation stations identified in Para. 2.7 above. Any substituted water shall be of a quality and continuity to meet the requirements of use to which the senior appropriation has normally been put. C.R.S. § 37-80-120(3). 2.11 Exchange Reaches The downstream terminus of the exchange is located at the CCWCD Godfrey Aug. Station (described in Para. 2.7.1(1)). The upstream terminus of the exchange is located at the Idaho Creek Diversion Structure on Boulder Creek located (described in Para. 2.8.1). Applicants request the right to exchange from any of the exchange-from points identified in Para. 2.7 to any of the exchange to points identified in Para. 2.8. 2.12 Use of Exchanged Water: Augmentation, replacement, recharge exchange, commercial and industrial purposes. Specifically, the exchange water will be used for replacement and augmentation in the plans of augmentation decreed in Case Nos 12CW179 and 14CW3046 to include replacement of well depletions from the aforementioned plans for augmentation, replacement of historical return flow obligations associated with the change of use of the Big Bend Water Right and water rights

 

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derived from shares of Godfrey Ditch Company as decreed in Case No. 12CW179; and replacement of historical return flow obligations associated with the change of use of water rights derived from shares of the New Cache La Poudre Irrigation Company and Cache La Poudre Reservoir Company as decreed in Case No. 14CW3046 and recharge in the Rumsey Recharge Facility. Additionally, exchanged water will be used for subsequent direct deliveries for commercial and industrial uses, subject to the terms and conditions in the final decrees for Case Nos 12CW179 and 14CW3046. 2.13 Date Water Applied to Beneficial Use: Not applicable; conditional right claimed. 2.14 Exchange Operations – Non-Injury: Applicant will divert water at the upstream point of exchange and provide a substituted supply of water to one or more appropriators senior to it, not to exceed that to which any senior appropriator is entitled from time to time by virtue of his appropriations in such a matter that will not injuriously affect the owner of or persons entitled to use water under a vested water right or decreed conditional water right. 3. NAMES AND ADDRESSES OF OWNER(S) OR REPUTED OWNERS: The names and addresses of owners of or reputed owners of the land upon which any diversion, storage or outlet structure, or modifications to any existing diversion, storage or outlet structure is or will be constructed or upon which water is or will be diverted, stored or discharged, including any modifications to existing facilities, is as follows: 3.1 Middle Shaw Lake No. 2, which includes Idaho Creek – Shaw Lakes Diversion Structure No. 1, and the underlying land is owned by Michael S. Shaw, Virginia N. Shaw and/or the Shaw Family, LLLP, P.O. Box 1227, Longmont, Colorado 80502. 3.2 North Shaw Lake No. 3, which includes Idaho Creek – Shaw Lakes Diversion Structure No. 2, and the underlying land is owned by Michael S. Shaw, Virginia N. Shaw and/or the Shaw Family, LLLP, P.O. Box 1227, Longmont, Colorado 80502. 3.3 North Shaw Lake No. 3 outlet structure is located in part on land owned by Michael S. Shaw, Virginia N. Shaw and/or the Shaw Family, LLLP, P.O. Box 1227, Longmont, Colorado 80502 and Williams Family Farm, LLC, 8876 Rogers Road, Longmont, CO 80503. 3.4 Idaho Creek and Idaho Creek Diversion Structure on Boulder Creek. It is Applicants’ understanding that the following entities may have an ownership interest and/or an easement for a right to use Idaho Creek for diversion and carriage of water: 3.4.1. Mike and Virginia Shaw, and/or Shaw Family, LLLP, P.O. Box 1227, Longmont, Colorado 80502 as owners of the Houck No. 2 Ditch (a/k/a the Hauck No. 2 Ditch) water right. 3.4.2 Godding Ditch Company, c/o Angela Swanson, P.O. Box 1826, Longmont, CO 80502-1826. 3.4.3 Carr and Tyler Ditch Company, c/o Jon File, Dream Weaver Holdings, LLC, P.O. Box 983, Broomfield, CO 80038. 3.4.4. Smith and Emmons Ditch Company, c/o Angela Swanson, P.O. Box 1826, Longmont, CO 80502-1826. 3.4.5 Delehant Ditch Company, c/o Jon File, Dream Weaver Holdings, LLC, P.O. Box 983, Broomfield, CO 80038. 3.5 CCWCD Godfrey Aug. Station is owned by the Central Colorado Water Conservancy District 3209 West 28th Street, Greeley, CO 80634. It is partially located on the easement for the Godfrey Ditch, c/o Kathy Werning, President, 23822 CR 33.25, LaSalle CO 80645. Other owners of the underlying land and related facilities include Charles Sylvester, P.O. Box 607, La Salle, CO 80645 and the Town of LaSalle, 128 N. 2nd Street, LaSalle, CO 80645. The Lower Latham Ditch Company, c/o James Park, 8209 W. 20th St., Suite A, Greeley, CO 80634, owns the Lower Latham Drain. 3.6 The SAS will be owned by Sorin. It is partially located on the easement for the Godfrey Ditch, c/o Kathy Werning, President, 23822 CR 33.25, LaSalle CO 80645. It is also located on lands owned by Sorin, Esther Schank, 4020 54th Street, Greeley, CO 80643-9147, and Northstar Bank of Colorado, P.O. Box 67, Johnstown, CO 80534-0067. 3.7 Godfrey Station #2 is owned by Glen and Kathy Werning, 23822 CR 33.25, LaSalle CO 80645. It is partially located on the easement for the Godfrey Ditch, c/o Kathy Werning, President, 23822 CR 33.25, LaSalle CO 80645. 3.8 The Rumsey Recharge Facility and the underlying land is owned by Sorin. To the extent Applicants do not own or control the structures identified herein in Para. 3, Applicants will obtain permission from the owners or controllers prior to use for the rights of substitution and exchange requested herein. Applicants will obtain permission from the Godfrey Ditch Company and CCWCD prior to any use by Applicants for delivery of Sorin’s Godfrey share water through the CCWCD Godfrey Aug. Station for use for the rights of substitution and exchange requested herein. Applicants will obtain permission from the Godfrey Ditch Company and Glenn and Kathy Werning prior to any use by Applicants for delivery of Sorin’s Godfrey share water through the Godfrey Station #2 for use for the rights of substitution and exchange requested herein. Applicants will obtain

 

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approval for SAS pursuant to the requirements in the decree in Case No. 12CW179, Water Division #1, prior to use for the rights of substitution and exchange requested herein. Applicants will obtain the legal right to use the land underlying the SAS prior to use for the rights of substitution and exchange requested herein. 17CW3032 RAYMOND J. and CAROLYN E. RUGLOSKI, 1455 Country Club Drive, Lake Ozark, MO 65049. (Please send all correspondence and pleadings in care of David M. Shohet, Monson, Cummins & Shohet, LLC, 319 N. Weber S t., Colorado Springs, CO 80903 (719) 471-1212. APPLICATION TO MAKE ABSOLUTE OR IN THE ALTERNATIVE FOR FINDING OF REASONABLE DILIGENCE in PARK COUNTY. Name of Structures: Sims Creek Spring No. 1, Sims Creek Spring No. 2, High Meadow Spring No. 1, High Meadow Spring No. 2, High Meadow Spring No. 3, High Meadow Forebay and Pipeline. Original Decree: Case No. 96CW129, District Court, Water Division No. 1, decreed on December 4, 2002. Case No. 08CW299, District Court, Water Division No. 1, decreed on February 15, 2011. Decreed Legal Descriptions: Sims Creek Spring No. 1, is located in the NE1/4 SW1/4 Sec. 36 T13S R73W of the 6th P.M., a distance of 1500 feet from the South section line and 2500 feet from the West section line. Sims Creek Spring No. 2, is located in the NE1/4 SW1/4 Sec. 36 T13S R73W of the 6th P.M., a distance of 1400 feet from the South section line and 2250 feet from the West section line. High Meadow Spring No. 1, is located in the NW1/4 NE1/4 Sec. 1 T14S R73W of the 6th P.M., a distance of 160 feet from the North section line and 2120 feet from the East section line. High Meadow Spring No. 2, is located in the NW1/4 NE1/4 Sec. 1 T14S R73W of the 6th P.M., a distance of 300 feet from the North section line and 1780 feet from the East section line. High Meadow Spring No. 3, is located in the NW1/4 NE1/4 Sec. 1 T14S R73W of the 6th P.M., a distance of 1020 feet from the North section line and 1730 feet from the East section line. High Meadow Forebay and Pipeline, is located in the NE1/4 NE1/4 Sec. 1 T14S R73W of the 6th P.M., a distance of 650 feet from the North section line and 970 feet from the East section line. Source: All structures are tributary to Sims Creek, which is tributary to the South Platte River. Amounts: Sims Creek Spring No. 1: 0.035 cfs - conditional. Sims Creek Spring No. 2: 0.013 cfs - conditional. High Meadow Spring No. 1: 0.0052 cfs - conditional. High Meadow Spring No. 2: 0.053 cfs - conditional. High Meadow Spring No. 3: 0.0168 cfs - conditional. High Meadow Forebay and Pipeline: 0.10 cfs - conditional. Appropriation Dates: For Sims Creek Spring Nos. 1 and 2 and High Meadow Spring Nos. 1, 2, and 3 the appropriation date is May 10, 1996. For High Meadow Forebay and Pipeline the appropriation date is May 25, 1996. Uses: The use for all structures is riparian habitat, wildlife and fish propagation, wetlands enhancement, erosion control, livestock watering and storage for those purposes. Detailed Outline Of What Has Been Done Toward Completion Or For Completion Of The Appropriation And Application Of Water To A Beneficial Use As Conditionally Decreed, Including Expenditures, During The Previous Diligence Period: The six water rights subject of this case, together with two surface water rights and 18 water storage rights adjudicated in Case No. 96CW1038, together with a plan for augmentation adjudicated in 96CW129, and the water rights adjudicated in 96CW1038 are all part of an integrated plan of the Applicants to develop an overall wildlife habitat environment for their property. This includes the development of wetlands as well as ponds to maintain fish, wildlife and livestock watering, and the attendant riparian habitat enhancement resulting from the endowment of the water for such storage purposes. To implement these concepts, Applicants have constructed several small ponds and reservoirs and developed several small springs for those purposes, including the springs subject of this application. Applicants have also performed site preparation cleaned and maintained the flow pathways, and allowed water to flow in its natural course to the ultimate beneficial uses adjudicated for the overall wildlife habitat plan. Applicants have expended $28,922.00 relating to the construction and maintenance of the six surface water rights subject of this application. Claim to Make Absolute: Sims Creek Spring No. 1. Date Water Applied to Beneficial Use: May 1, 2014. Amount: 035 c.f.s. Use: Riparian habitat, wildlife and fish propagation, wetlands enhancement, erosion control, livestock watering and storage for those purposes. Place of use: Applicants’ Property. Legal Description: NE1/4 SW1/4 Sec. 36 T13S R73W of the 6th P.M., a distance of 1469 feet from the South section line and 2623 feet from the West section line. Sims Creek Spring No.

 

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2. Date Water Applied to Beneficial Use: May 1, 2014. Amount: 0.013 c.f.s. Use: Riparian habitat, wildlife and fish propagation, wetlands enhancement, erosion control, livestock watering and storage for those purposes. Place of use: Applicants’ Property. Legal Description: NE1/4 SW1/4 Sec. 36 T13S R73W of the 6th P.M., a distance of 1317 feet from the South section line and 2458 feet from the West section line. High Meadow Spring No. 1. Date Water Applied to Beneficial Use: May 1, 2014. Amount: 0.0052 c.f.s. Use: Riparian habitat, wildlife and fish propagation, wetlands enhancement, erosion control, livestock watering and storage for those purposes. Place of use: Applicants’ Property. Legal Description: NW1/4 NE1/4 Sec. 1 T14S R73W of the 6th P.M., a distance of 160 feet from the North section line and 2120 feet from the East section line. High Meadow Spring No. 2. Date Water Applied to Beneficial Use: May 1, 2014. Amount: 0.053 c.f.s. Use: Riparian habitat, wildlife and fish propagation, wetlands enhancement, erosion control, livestock watering and storage for those purposes. Place of use: Applicants’ Property. Legal Description: NW1/4 NE1/4 Sec. 1 T14S R73W of the 6th P.M., a distance of 300 feet from the North section line and 1780 feet from the East section line. High Meadow Spring No. 3. Date Water Applied to Beneficial Use: May 1, 2014. Amount: 0.0168 c.f.s. Use: Riparian habitat, wildlife and fish propagation, wetlands enhancement, erosion control, livestock watering and storage for those purposes. Place of use: Applicants’ Property. Legal Description: NW1/4 NE1/4 Sec. 1 T14S R73W of the 6th P.M., a distance of 1020 feet from the North section line and 1730 feet from the East section line. High Meadow Forebay and Pipeline. Date Water Applied to Beneficial Use: May 1, 2014. Amount: 0.1 c.f.s. Use: Riparian habitat, wildlife and fish propagation, wetlands enhancement, erosion control, livestock watering and storage for those purposes. Place of use: Applicants’ Property. Legal Description: SW1/4 NE1/4 Sec. 1 T14S R73W of the 6th P.M., a distance of 1620 feet from the North section line and 1885 feet from the East section line. The above legal descriptions reflect the actual constructed location of the above water rights. Names And Addresses of Owners: Applicants are the owners of the land upon which the Sims Creek Spring No. 1 and Sims Creek Spring No. 2 are located and the place of use for said water rights. Mr. Lynn A. Jacobson, 334 Whitman Court, Palo Alto, California 94301 is the owner of the land upon which the High Meadow Spring No. 1, High Meadow Spring No. 2, High Meadow Spring No. 3 and High Meadow Forebay and Pipeline are located. (7 pages) 17CW3033, Joyce J. Allely, 17 Dos Rios, Greeley, Colorado (c/o Timothy J. Flanagan, 1640 Grant Street, Denver, Colorado 80203). CONCERNING THE WATER RIGHTS OF JOYCE J. ALLELY IN WELD COUNTY, COLORADO. 2. Name of Reservoir: Prairie Dog Lake 3. Description of Conditional Water Right: A. Date of Original Decree: February 23, 2011, Case No. 03CW359, Water Division No. 1. B. Location of Reservoir: Prairie Dog Lake is located in the NW1/4 of the SE1/4 of Section 33, Township 5 North, Range 66 West of the 6th P.M. (see map attached as Exhibit 1). C. Off-Channel: Prairie Dog Lake is an off-channel reservoir which received surface flow and seepage from an unnamed draw and is served by a lateral from the Greeley-Loveland Canal. D. Source: Water tributary to the South Platte River. E. Appropriation Date: January 7, 1914. F. Amount: 7.5 acre-feet. G. Use: Irrigation of approximately 34 acres within the N1/2 of Section 33, Township 5 North, Range 66, West of the 6th P.M., Weld County. 4. Non-jurisdictional dam: A. Surface area of high water line: 1 acre B. Maximum height of dam in feet: 8 feet C. Length of dam in feet: 540 feet D. Total capacity of reservoir in acre-feet: 7.5 acre-feet E. Active capacity in acre-feet: 7.5 F. Dead storage: 0 5. Claim to make conditional water right whole: A. Date water applied to beneficial use: Prairie Dog Lake was filled to capacity on August 1, 2016 and in accordance with Senate Bill 13-041 a claim is made to make the entire water right absolute, codified at C.R.S. §37-92-103(4)(a). B. The reservoir was inspected in early February, 2017 by Will Scott from the Division of Water Resources. C. The water will be diverted from storage for irrigation of approximately 32 acres as shown on the attached location map. 6. Diligence: Alternatively, a claim is made for a finding of diligence. The diligence period herein is February, 2011 through February, 2017. Subsequent to the entry of the original conditional decree herein, the Applicant was unable to divert water into storage for the water years 2011-2015; however, the Applicant was able to completely fill Prairie Dog Lake Reservoir in 2016 to its full capacity of 7.5 acre-feet. There was a field inspection in early February, 2017 by Will Scott from the Division Engineer’s

 

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Office in Greeley, Colorado, which confirmed that the reservoir had been filled in the prior year. As a result of this site inspection by employees of the Division Engineer’s Office, the Applicant agreed to undertake the following programs: a. Installation of a staff gauge; and b. Periodic record keeping 7. Landowners: All of the land within the high water line of Prairie Dog Lake is owned by the Applicant as well as all of the irrigated acreage shown on the attached map. RELIEF REQUESTED Accordingly, the Applicant seeks a determination that the conditional storage decree for Prairie Dog Lake of 7.5 acre-feet is made absolute as of February 1, 2017 or in the alternative that the Applicant has been diligent in pursuing the appropriation herein. 17CW3034 (06CW153, 94CW291, 87CW303) Lookout Mountain Water District, Christina Shea, 25958 Genesee Trail Road #514, Golden, CO 80401, (303) 526-4266, c/o Peter J. Ampe and Matthew A. Montgomery, Hill & Robbins, P.C., 1660 Lincoln St., Suite 2720, Denver, CO 80264, (303) 296-8100. Application for Finding of Reasonable Diligence and to Make Absolute in Part in CLEAR CREEK AND JEFFERSON COUNTIES. 2. Name of structure: A. Confluence of Beaver Brook and Clear Creek: located at a point in the NW/4 of Section 3, Township 4 South, Range 71 West of the 6th P.M. in Jefferson County, Colorado. B. The Beaver Brook Reservoir: located on the south fork or branch of Beaver Brook in the NW/4 NE/4, Section 14, Township 4 South, Range 72 West, 6th P.M. in Clear Creek County. C. The Upper Beaver Brook Reservoir: located on the south fork or branch of Beaver Brook in the SW/4 SE/4, Section 15, and the N/2, Section 22, Township 4 South, Range 72 West, 6th P.M. in Clear Creek County. D. The Beaver Brook Pipeline: located in the NW/4 NE/4, Section 14, Township 4 South, Range 72 West, 6th P.M. in Clear Creek County. The headgate thereof is located at a point on the south bank of North Beaver Brook whence the northeast corner of the said Section 14 bears north 86°15' east a distance of 2,190 feet. The total length of the pipeline is approximately 700 feet and is used to convey water diverted from North Beaver Brook to the Beaver Brook Reservoir. E. The Golden Pipeline No. 1: is approximately ten (10) miles in length, having its upper terminus located at the outlet of the Beaver Brook Reservoir and its lower terminus at the inlet of Lookout Mountain Reservoir (a/k/a Beaver Brook Reservoir No. 3) located on Lookout Mountain in the NE/4SE/4, Section 5, Township 4 South, Range 70 West, 6th P.M. in Jefferson County. 3. Describe conditional water right (as to each structure) giving the following from the Referee’s Ruling and Judgment and Decree: A. Date of Original Decree: October 1, 1992; Case No. 87CW303; Court: Water Division 1. B. Legal description: The Farmers’ High Line Canal headgate on Clear Creek is located on the north bank thereof in the N/2 SW/4, Section 27, Township 3 South, Range 70 West of the 6th P.M., Jefferson County Colorado, at a point located approximately 860 feet south 7°30' east from the northeast corner of the W/2 of said Section 27. Lookout Mountain Reservoir is located on Lookout Mountain in the NE/4 SE/4, Section 5, Township 4 South, Range 70 West, 6th P.M., Jefferson County, Colorado. C. Source: water divertible from Clear Creek or its tributaries by exchange of water available to applicant from its six (6) Farmers’ High Line Canal shares pursuant to the decree in Case No. 94CW291 and/or water released from Lookout Mountain Reservoir (a/k/a Beaver Brook Reservoir No.3, a/k/a Golden Reservoir No. D. Appropriation date and amounts: For the exchange from the Farmers’ High Line Canal: 2 c.f.s. on an average flow basis; up to a maximum rate of exchange of 4 c.f.s. on an instantaneous flow basis; provided that the annual quantity of water exchanged shall not exceed 174 acre-feet with an appropriation date of August 30, 1982. For the exchange from Lookout Mountain Reservoir: 2 c.f.s. maximum instantaneous rate of exchange; provided that the annual quantity of water exchanged shall not exceed 101.1 acre-feet under an appropriation date of August 30, 1982. E. Use: All municipal purposes, including storage and subsequent application to beneficial use, augmentation and replacement of depletions, domestic, industrial, commercial, irrigation, recreation, and fish and wildlife uses. F. Amount made absolute: The Water Court found in Case No. 06CW153 that 20.5 acre-feet of the 174 acre-feet conditional exchange from Farmers’ High Line Canal to Upper Beaver Brook Reservoir and 1 c.f.s. of the 2 c.f.s. rates of flow for said conditional exchange were made absolute. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: During the diligence period, Applicant has expended over $ 6.1

 

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million to operate, maintain, and repair the Lookout Mountain Water District water system and for capital expenditures for maintenance, repair, and improvement of the diversion and storage facilities utilized in connection with the subject conditional water rights. 5. Claim to make absolute: A. Farmers’ High Line Canal exchange: In Water Year 2016, Applicant made an additional 75.0 acre-feet of the Farmers’ High Line Canal exchange absolute by exchanging a total of 95.5 acre-feet of water in that year. The maximum rate of the exchange during the diligence period was 1.01 cfs (an additional 0.01 cfs of exchange above the already absolute amount). B. Lookout Mountain exchange: In Water Year 2013, Applicant made 31.3 acre-feet of the Lookout Mountain exchange absolute by exchanging 31.3 acre-feet of water at a maximum rate of 1.33 cfs. Applicant is also operating the Lookout Mountain exchange in Water Year 2017, which may increase the claim to make absolute, in part, before entry of any decree. 6. Names(s) and address(es) of owner(s) of the 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: All of the above structures are owned by or within the boundaries of the Lookout Mountain Water District.

17CW3035 MAGNESS LAND HOLDINGS LLC, P.O. Box 190, Platteville, CO 80651. APPLICATION FOR CORRECTION OF AN ESTABLISHED BUT ERRONEOUSLY DESCRIBED POINT OF DIVERSION PURSUANT TO C.R.S. 37-92-305(3.6), IN. WELD COUNTY Attorney: William H. Caile, Holland & Hart LLP, P.O. Box 8749, Denver, CO 80201-8749. Decreed water right for which correction is sought: A. Name of structure: Well No. 2-13722. B. Date of original decree and all relevant subsequent decrees: (i) Original decree: March 22, 1972, in Case No. W-474, Water Division 1. (ii) Subsequent relevant decrees: N/A C. Legal Description of structure as described in original decree: Located at a point 1380 feet north of the south line and 2617 feet west of the east line of Section 26, T3N, R67W of the 6th P.M. See map submitted with Application and on file with Water Court. D. Decreed source: Groundwater. E. Appropriation date: May 31, 1954. F. Total amount decreed to structure: 2.62 c.f.s. (1180 g.p.m.), absolute. G. Decreed use: Irrigation. Detailed description of correction to an established but erroneously-described point of diversion: A. Upon information and belief, the subject well is located where it was originally drilled and has been at the same physical location since the decree in Case No. W-474 confirmed the water right. B. The well is not located at the location specified in the decree in Case No. W-474, and is located more than 200 feet from the decreed location. C. Applicant and/or Applicant’s predecessors have diverted water from the subject well, and applied the water to irrigation uses pursuant to the decree. D. Applicant’s consultants have verified the actual location of the well as being a point 1612 feet north of the south section line, and 2533 feet west of the east section ling of Section 26, T3N, R67W of the 6th P.M., in Weld County (a distance of approximately 242 feet from the decreed location). See map on file with Water Court. 4. Name and address of owner of the land upon which Well No. 2-13722 is located: Applicant, see above.

17CW3036 PVIC Augmentation Group, LLC, 14460 County Road 40, Platteville, CO 80651, 970-737-2437; (P. Andrew Jones, #29076, Ryan M. Donovan, #44435, Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO 80534, Telephone: (970) 622-8181, E-mail: paj@ljcglaw.com; ryan@ljcglaw.com) VERIFIED APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE IN WELD COUNTY; 2. Name of Structure: PVIC Augmentation Group, LLC Recharge Right (“Recharge Right”) 3. Description of conditional water right: 3.1. Original Decree: Case No. 08CW71, originally entered February 14, 2011 by the Water Court, Division One, and as subsequently amended on February 29, 2012, May 27, 2014, and June 15, 2015. 3.2. Point of Diversion: The headgate of the Platte Valley Canal located in the Northeast Quarter of Section 19, Township 2 North, Range 66 West of the 6th P.M. 3.3. Source: South Platte River. 3.4. Date of Appropriation: April 7, 2008. 3.5. Rate of Diversion: 215.95 c.f.s., conditional. 3.6. Volume: 6,050 acre-feet, conditional. 3.7. Uses: Augmentation and replacement pursuant to the terms and conditions of the Decree entered in Case No. 08CW71, as amended, and the Decree entered in this case. 4. Name of Structure: PVIC Augmentation Group, LLC Exchange Right (‘Exchange Right”). 4.1. Original Decree: Case No. 08CW71, originally entered February 14, 2011 by the Water Court, Division One, and as

 

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subsequently amended on February 29, 2012, May 27, 2014, and June 15, 2015. 4.2. Exchange From Locations: 4.2.1. Reach One: South Platte River at the Union Ditch Headgate located in the NE1/4 of Section 18, Township 4 North, Range 66 West of the 6th P.M. 4.2.2. Reach Two: South Platte River at the point where recharge accretions from the Elmer Schmidt Recharge Pond accrete to the River in the NE1/4 of Section 4, Township 4 North, Range 66 West of the 6th P.M. 4.3. Exchange To Location: 4.3.1. The headgate of the Platte Valley Canal located in the NE1/4 of Section 19, Township 2 North, Range 66 West of the 6th P.M. 4.4. Source of Substitute Supply: Recharge accretions resulting from the delivery to Recharge Ponds identified in the Decree in Case No. 08CW71, as amended from the following sources: (1) shares in the Platte Valley Irrigation Company for which a change in use was approved in Case No. 08CW71 and (2) diversions under the Recharge Right. 4.5. Date of Appropriation: April 7, 2008. 4.6. Amount: 6 c.f.s., conditional at the Exchange To location in Section C of this Paragraph 4, from one or a combination of the Exchange From locations described in Section B of this Paragraph 4. 4.7. Uses: Augmentation, replacement of historical return flows, and irrigation of lands owned by members of the PVIC Augmentation Group, LLC. 5. Outline of work done in furtherance of perfecting the Recharge Right and the Exchange Right: 5.1. Paragraph 60 of the 08CW71 Decree concludes that Applicant’s water rights and recharge system collectively comprise an integrated system of water rights and structures under § 37-92-301(4)(b) C.R.S. and that work performed and effort or costs expended by Applicant on any water rights or structures which are part of its integrated water system shall be considered in determining whether reasonable diligence has been shown in the development of the conditional water rights. 5.2. Applicant has diverted 5.46 c.f.s. (maximum daily delivery, April 2015) and 515.46 acre-feet (water year 2014) of the Recharge Right to the various Recharge Ponds described in the 08CW71 Decree and those Ponds subsequently added pursuant to the 08CW71 Decree. 5.3. Applicant has diverted 0.79 c.f.s. (maximum daily delivery, April 2012) and 5.63 acre-feet (water year 2012) of the Exchange Right from the Exchange From locations to the Platte Valley Irrigation Company Headgate. 5.4. Applicant has consulted with legal counsel regarding the legal aspects of the rights and water rights applications; filing of notices required under the 08CW71 Decree; negotiating leases and easement agreements; filing and defending a motion for permanent dry-up as provided for in the 08CW71 Decree; and monitoring developments potentially affecting the water rights. Since the 08CW71 Decree was originally entered, Applicant has expended approximately $152,000.00 in legal fees. 5.5. Applicant has consulted with engineering experts regarding the operation of the water rights, including the Recharge Right and Exchange Right, in the 08CW71 Decree. Since the 08CW71 Decree was entered, Applicant has expended approximately $137,000.00 in engineering fees. 5.6. Applicant has continued to invest in infrastructure associated with the conditional water rights decreed in 08CW71. Applicant has constructed the following Recharge Ponds as provided for in the 08CW71 Decree and incorporated them into Applicant’s integrated system of water rights: (1) Schmidt Recharge Pond No. 2 (approved by the Division Engineer on September 14, 2012); (2) Hunt West Recharge Pond (approved by the Division Engineer on May 6, 2013); (3) Hunt Southwest Recharge Pond (approved by the Division Engineer on May 21, 2014); and the Schmidt North Recharge Pond (approved by the Division Engineer on May 21, 2014). Applicant has also constructed two new augmentation structures pursuant to the 08CW71 Decree, both of which were approved by the Division Engineer on July 2, 2014. The Recharge Ponds and augmentation structures were equipped with measuring and recording devices, installed at Applicant’s expense. Applicant has spent a minimum of $300,000.00 on construction of the Recharge Ponds and augmentation structures, installation of the necessary measuring and recording devices, and other infrastructure related to Applicant’s integrated water rights. 6. Claim to make absolute: 6.1. Applicant seeks a decree recognizing 5.46 c.f.s. and 515.46 acre-feet of the Recharge Right as absolute leaving 210.49 c.f.s. and 5,528.91 acre-feet conditional. Note: Pursuant to Paragraphs 17.5 and 52.6 of the 08CW71 Decree, diversions of both the Recharge Right and Exchange Right shall count against the 6,050 acre-foot volumetric limit. 6.2. Applicant seeks a decree recognizing 0.79 c.f.s. and 5.63 acre-feet of the Exchange Right as absolute leaving 5.21 c.f.s. and 5,528.91 acre-feet conditional. Note: Pursuant to Paragraphs 17.5 and 52.6 of the 08CW71 Decree, diversions of both the Recharge Right and Exchange Right shall count against the 6,050 acre-foot volumetric limit. 7. Remarks: The structures referenced in this Application include the river

 

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headgate of the Platte Valley Irrigation Company whose address is P.O. Box 1318, Greeley, Colorado, 80632, and Recharge Ponds located on property owned by Applicant’s members. This application consists of 5 pages. 17CW3037, (92CW107 & 97CW256) Florissant Water and Sanitation District, P. O. Box 565, Florissant, Colorado 80816. (c/o David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR AMENDMENT OF DECREES APPROVING UNDERGROUND WATER RIGHTS, A PLAN FOR AUGMENTATION AND CHANGE OF WATER RIGHTS, INCLUDING EXCHANGES. IN TELLER AND PARK COUNTIES. 2. Description of Decrees for which Amendment is being Requested: A. Dates Decrees Entered: August 13, 1993 and July 2, 1999. B. Case Nos. 92CW107 and 97CW256. C. District Court for Water Division 1. D. The Decrees entered in Case Nos. 92CW107 and 97CW256 (“existing augmentation plan”), approved a plan for augmentation for a municipal water and wastewater system covering approximately 500 acres in portions of Sections 1, 2, 11 and 12, Township 13 South, Range 71 West, 6th P.M., Teller County. The property is in the Twin Creek drainage basin. The source of augmentation and replacement water is 228.8 shares of capital stock in the Mountain Mutual Reservoir Company (“MMRC”), representing direct flow water rights decreed to the Guiraud 3T Ditch and storage water released from Spinney Mountain Reservoir and the Lower Sacramento Creek Reservoir No. 1. Reference is made to the Decrees entered in Case Nos. 92CW107 and 97CW256 for a more detailed description of the existing augmentation plan. 3. Proposed Amendment to the Existing Augmentation Plan. a. The existing augmentation plan authorizes the Florissant Water and Sanitation District ("Florissant"), to divert 164 acre feet of water per year. Historically, Florissant has used a municipal type sewage lagoon system for wastewater treatment. The existing augmentation plan anticipated that Florissant would annually consume 7.0 acre feet of water at build-out. Of that amount, 2.0 acre feet was reserved to cover evaporation losses from the open water surface of the sewage lagoon. Florissant is in the process of installing a mechanical wastewater treatment plant and decommissioning the sewage lagoon system. Once completed, depletions associated with in-building water uses will become five percent and there will be no evaporation losses from the open water surface of the lagoons. b. Persons and entities in Teller County have expressed an interest in making bulk water purchases of treated water from Florissant. The water will be used for various purposes, including, but not limited to, supplementing domestic supplies, watering livestock, dust suppression, watering vegetation, filling hot tubs, etc. All of the water delivered under such a program will be separately metered by Florissant and shall be assumed to be one hundred percent consumptive regardless of how the water is used. The State water administration officials have informed Florissant that the existing augmentation plan does not allow for such bulk water sales even though Florissant has more than enough MMRC consumptive use water to cover the additional augmentation requirement. c. The purpose of the amendment being requested is to modify the depletions associated with in-building usage of water and obtain authorization to operate a bulk water sales program. d. Florissant requests that an amended Decree be entered by the Court that reflects the change in wastewater treatment and allows bulk water sales. The version of an Amended Decree the Court will be asked to approve is attached as an Exhibit. Reference is made to the Amended Decree for a more detailed description of the changes being requested. WHEREFORE, the Applicant, Florissant Water and Sanitation District, requests that the existing augmentation plan be amended as set forth herein. (4 pages and 1 exhibit). 17CW3038 REJECTED APPLICATION PER ATTORNEY REQUEST 17CW3039 The Well Augmentation Subdistrict of the Central Colorado Water Conservancy District (WAS), 3209 West 28th Street, Greeley, Colorado 80634. (970) 330-4540. Please send future correspondence and pleadings to Bradley C. Grasmick, Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Ste. 1, Johnstown, CO 80534, 970-622-8181. APPLICATION TO ADD WELLS TO THE WAS AUGMENTATION PLAN, IN WELD, ADAMS AND MORGAN COUNTIES. 2. Structure to be Added and Augmented. 2.1 Decreed Name of Structure to be Added and Augmented.

 

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Those 110 wells shown on Exhibit 1 attached hereto (“Added Wells”). 2.1.1. Names and Addresses of Well Owners. See Exhibit 1 attached hereto. 2.1.2 Decrees. See Exhibit 2 attached hereto. 2.1.3 Permit Nos. Included on Exhibit 2 attached hereto. 2.1.4 WAS Contract numbers are listed on Exhibit 2 attached hereto. 3. Proposed Terms and Conditions. 3.1 These Added Wells will be added to WAS Augmentation Plan pursuant to ¶11.1.2 of the Decree in Case No. 03CW99. 3.1 The Added Wells were included in the original application for WAS’s Plan for Augmentation in Case No. 03CW99. The Added Wells were included in the 2003, 2004 and 2005 SWSPs made for structures to augmented by the WAS Augmentation Plan. 3.2 Wells Removed by 03CW099: Pursuant to this Court’s January 17, 2007 Order Regarding Motion to Amend Application in Case No. 03CW99, 105of the Added Wells were removed from the WAS Plan for Augmentation. Pursuant to the January 17, 2007 Order, WAS is responsible for replacing all depletions from pumping these wells for years 2003, 2004 and 2005, but is not required to replace any depletions which occurred before 2003. These wells have not been pumped pursuant to the WAS Augmentation Plan since 2005. Once added to the WAS Augmentation Plan, WAS will be responsible for replacing any depletions from the Added Wells which occurred prior to 2003 which are not already being replaced by WAS, but will not be responsible for the replacement of any depletions which occurred from the pumping of Added Wells after 2005. 3.3 Wells Removed Subsequent to 03CW099: 3.3.1 Pursuant to the decree entered Case No. 14CW3031 the Added Well, WDID 0205087 was removed from the WAS Plan for Augmentation. 3.1.2 Pursuant to the decree entered in Case No. 14CW3112 the Added Well, WDID 0207194 was removed from the WAS Plan for Augmentation. 3.1.3 Pursuant to the decree entered in Case No. 15CW3140 the Added Well, WDID 0108782 was removed from the WAS Plan for Augmentation. 3.1.4 Pursuant to the decree entered in Case No. 15CW3042 the Added Well, WDID 0207056 was removed from the WAS Plan for Augmentation. 3.1.5 Pursuant to the decree entered in Case No. 16CW3026 the Added Wells, WDID 0208256 and WDID 0208417 were removed from the WAS Plan for Augmentation. 3.1.6 Pursuant to Paragraph 11.1.3 of the WAS Decree, WAS shall continue to replace all out-of-priority depletions caused by a Covered Well before it is deleted. An October 18, 2007 Order Regarding Motion to Amend Applications in this case stated that WAS is responsible for depletions of any deleted wells that were included in SWSPs filed by WAS in its 2003, 2004 and 2005 SWSP. Once added to the WAS Augmentation Plan, WAS will be responsible for replacing depletions from prior pumping of the Added Wells pursuant to Paragraph 11.1.3 of the WAS Decree and the October 18, 2007 Order of this Court as shown in Exhibit 4. In addition, WAS will replace depletions from prior pumping of the Added Wells pursuant to any approved Substitute Water Supply Plan which authorizes the Added Wells to operate before the court approves this application adding the Added Wells to the WAS Augmentation Plan.3.2 The terms and conditions for the Added Wells will be the same as for the other Covered Wells in the Decree. The consumptive use factors will be 60% for flood irrigated acres and 80% for sprinkler irrigated acres. The method for determining future Well depletions will be those set out in the Decree at ¶¶16-19. The well will be subject to all the terms and conditions for operation as for other Covered Wells in the Decree. 3.3 Net Stream Depletions. Depletions resulting from the consumptive use of groundwater and accretions resulting from deep percolation of groundwater applied for irrigation were determined to deplete/accrete to the WAS administrative reaches shown in Exhibit 3 using the bounded alluvial aquifer method developed by Glover. The aquifer parameters to be used for each of the Added Wells including: (1) harmonic mean transmissivity, (2) total distance of alluvial aquifer boundary from the river, and (3) distance from the well to the river as well as the WAS administrative reach are shown in in Exhibit 3. A specific yield of 0.2 will be used for each of the Added Wells. 3.4 Post Pumping Depletions from the 110 wells to be added to the WAS Plan. Upon entry of a decree in this case, WAS will replace a total of 1355.1 acre-feet of net depletions extending from March 2017 through May of 2083. 4. Distribution of Future Well Depletions. The Decree requires WAS to distribute well depletions between river reaches. ¶22.2 of the Decree states: “In the event of the addition or deletion of a well under this plan pursuant to ¶¶11.1.2 and 11.1.3, the Court shall approve and order such adjustments to the percentages set forth in ¶¶22.2.1, 22.2.2, and 22.2.4 as necessary to ensure that depletions continue to be replaced at locations necessary to prevent injury.” The wells being added to the Decree by this application will require a modification in the

 

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percentage distribution of depletions accruing in Reach C. In order to effectuate the language of ¶22.2 the percentages set forth in 22.2.2 of 03CW099 will be revised as follows: “22.2.2 Reach C: 51 percent of the stream depletions from Covered Wells and Augmentation Wells located within Reach C shall be considered to occur immediately above the headgate of the Union Ditch located in the SW1/4 NE1/4 of Section 18, Township 4 North, Range 66 West of the 6th P.M. The remaining 49 percent of the stream depletions from Covered Wells and Augmentation Wells located within Reach C shall be considered to occur immediately above the headgate of the Lower Latham Ditch located in the NW1/4 NE1/4 of Section 31, Township 5 North, Range 65 West of the 6th P.M.” 5 pages, 4 exhibits. THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED.

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