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DISTRICT COURT, WATER DIVISION 1, COLORADO

JUNE 2020 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 JUNE 2020 for each

County affected.

20CW18 JEFFREY A HUMMEL, 2260 S. Ulm St., Watkins, CO 80137. 303 -766-1995 and

NEIL B. HUMMEL, 2250 S. Ulm St., Watkins, CO 80137. 303-915-3096. APPLICATION

FOR UNDERGROUND WATER RIGHTS IN THE DENVER BASIN AQUIFERS IN

ARAPAHOE COUNTY. Applicant seeks to adjudicate the well, permit 119101A, and to

adjudicate the non tributary and not nontributary Denver Basin groundwater u nderlying a 40

acre tract of land lying in the SW1/4, NE1/4, S28, T4S, R64W of the 6 th PM. including the

Dawson, Denver, Arapahoe and Laramie Fox Hills aquifers.

20CW3074 (13CW3160, 02CW334) St. Vrain and Left Hand Water Conservancy District

(“District”) c/o Sean T. Cronin, Executive Director, 9595 Nelson Road, Box C, Suite 203,

Longmont, Colorado 80501, (303) 772-4060, sean.cronin@svlhw.org. APPLICATION

FOR A FINDING OF REASONABLE DILIGENCE IN BOULDER AND LARIMER

COUNTIES. Serve all pleadings on: Scott E. Holwick, Lyons Gaddis, P.O. Box 978,

Longmont, Colorado 80502-0978, sholwick@lyonsgaddis.com. 2. General Description of

Application: On December 19, 2007, the Court entered a decree in Case No. 02CW334 (“02CW334

Decree”) for the District’s plan for augmentation (“Plan”) which was created to augment out-of-priority

depletions to participating diversion structures located within the boundaries of the District as shown on

EXHIBIT A and located in the St. Vrain Creek and Left Hand Creek drainage basins generally located in

Water District 5. In addition to approval of the Plan, the 02CW334 Decree also changed water rights and

confirmed conditional appropriative rights of exchange. Each and all of the District’s water rights decreed

therein comprise an integrated system of water rights and structures under §37-92-301(4)(b), C.R.S. In this

application, the District seeks findings that: (A) it has been diligent with respect to completing the

appropriation of the conditional appropriative rights of exchange described in Paragraph 4, below; and (B)

it is entitled to continue these CONDITIONAL water rights for another six-year diligence period. 3. Names

of Structures: St. Vrain & Left Hand Water Conservancy District Augmentation Plan Exchanges

(“Exchanges”). 4. Description of Conditional Exchanges: A. Original Decree: The conditional water

rights were originally decreed on December 19, 2007, in Case No. 02CW334, by the District Court, Water

Division No. 1, Weld County. B. Subsequent Decree: Diligence was confirmed for the conditional water

rights and decreed on June 20, 2014, in Case No. 13CW3160, by the District Court, Water Division No. 1,

Weld County. C. Legal Descriptions of Points of Exchange (All elements described hereunder are located

in the 6th P.M., in Boulder County, Colorado): i. Copeland Reservoir: Copeland Reservoir is located in the

SW1/4 of Section 14, Township 3 North, Range 73 West, 6th P.M., Boulder County, Colorado. ii. Coffintop

Reservoir: The dam for Coffintop Reservoir is proposed to be located in the E 1/2 of the E 1/2 of Section

24, Township 3 North, Range 71 West, 6th P.M., approximately 1,700 feet from the south section line and

0 feet from the east section line, Boulder County, Colorado. iii. Beaver Park Reservoir: Beaver Park

Reservoir is located in the SE1/4 of Section 23, SW1/4 of Section 24, NW1/4 of Section 25, and NE1/4 of

Section 26, Township 2 North, Range 73 West, 6th P.M., Boulder County, Colorado. iv. Middle St. Vrain

Creek: at Section 13, Township 2 North, Range 73 West, 6th P.M., Boulder County, Colorado. v. Rock’n

W.P. Ranch, Lake No. 4: The center point of Lake No. 4 is located 2,040 feet south of the north section line

and 2,040 feet east of the west section line, Section 27, Township 3 North, Range 70 West, 6th P.M., Boulder

County, Colorado. Lake No. 4 is filled via the South Branch of St. Vrain Creek. The actual point of diversion

for the South Branch is at a point in the NE1/4 of the SE1/4 of Section 21, Township 3 North, Range 70

West, 6th P.M., Boulder County, Colorado, approximately 1,190 feet west of the east section line and 1,850

feet north of the south section line. vi. Longmont Supply Ditch Headgate: The headgate of the Longmont

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Supply Ditch is located on the north side of St. Vrain Creek in the SE1/4 of the SW1/4 of Section 22,

Township 3 North, Range 70 West, 6th P.M., Boulder County, Colorado, at a point whence the South one-

quarter corner of said Section 22 bears North 68º, 12’ west 1,020 feet more or less; the east line of the

SW1/4 of said Section 22 as bearing North 00º 31’ 4” West with all bearings relative thereto. vii. Bonus

Ditch Headgate: The headgate of the Bonus Ditch is located in Section 11, Township 2 North, Range 69

West, 6th P.M., Boulder County, Colorado. viii. Oligarchy Ditch Headgate: The headgate of the Oligarchy

Ditch is located on the north side of St. Vrain Creek in the SE1/4 of the NE1/4 , Section 27, Township 3

North, Range 70 West, 6th P.M., Boulder County, Colorado, at a point when the East one-quarter corner of

said section 27 bears S 27º 26’ E 560 feet more or less; the east line of the NE1/4 of said section 27 as

bearing N 00º32’42” West with all bearings relative thereto. D. Operation of Exchanges: Water will be

exchanged from each of the points of exchange listed in Paragraph 4.C.(v)-(viii) to each of the points of

exchange listed in Paragraph 4.C.(i)-(iv). Water will be exchanged from each of the points of exchange

listed in Paragraph (vi)-(viii) to the point of exchange listed in Paragraph 4.C.(v). Water will also be

exchanged from the point of exchange listed in Paragraph 4.C.(viii) to the point of exchange listed in

Paragraph 4.C.(vi). Additionally, water will be exchanged to augment depletions located between the points

of exchange located herein. E. Maximum Rates of Exchange: i. Copeland Reservoir: 20 cfs,

CONDITIONAL ii. Coffintop Reservoir: 20 cfs, CONDITIONAL iii. Beaver Park Reservoir: 20 cfs,

CONDITIONAL iv. Middle St. Vrain Creek: 0.15 cfs, CONDITIONAL v. Rock’n W.P. Ranch, Lake No.

4: 20 cfs, CONDITIONAL F. Source of Water: St. Vrain Creek and its tributaries. G. Appropriation Date:

October 14, 1992. H. Uses: After exchange, the water will be used in the District’s plan for augmentation.

5. Description of Exchanges Already Decreed as ABSOLUTE (as confirmed in the 02CW334 Decree):

A. Legal Descriptions of Downstream Points of Exchange (Exchanges to be operated from): i. Rock’n W.P.

Ranch, Lake No. 4: as described in Paragraph 4.C.(v) ii. Longmont Supply Ditch Headgate: as described

in Paragraph 4.C.(vi) iii. Bonus Ditch Headgate: as described in Paragraph 4.C.(vii) iv. Oligarchy Ditch

Headgate: as described in Paragraph 4.C.(viii) B. Operation of Exchanges: Water was exchanged from each

of the downstream points listed in Paragraph 5.A.(i)-(iv), above, up North St. Vrain Creek and its tributaries

to augment depletions at the following rates and at the following upstream points of exchange located along

the identified tributaries of North St. Vrain Creek. i. Buck Gulch, at a point generally located near the west

section line of Section 31, Township 3 North, Range 73 West, 6th P.M., Boulder County, Colorado: 0.05

cfs, ABSOLUTE. ii. Rock Creek, at a point generally located near the south section line of Section 25,

Township 3 North, Range 73 West, 6th P.M., Boulder County, Colorado: 0.07 cfs, ABSOLUTE. iii. Willow

Creek, at a point generally located near the east section line of Section 26, Township 3 North, Range 73

West, 6th P.M., Boulder County, Colorado: 0.06 cfs, ABSOLUTE. iv. Fox Creek, at a point generally

located near the north section line of Section 27, Township 3 North, Range 73 West, 6th P.M., Boulder

County, Colorado: 0.04 cfs, ABSOLUTE. v. Horse Creek, at a point generally located near the south section

line of Section 11, Township 3 North, Range 73 West, 6th P.M., Boulder County, Colorado: 0.06 cfs,

ABSOLUTE. vi. Cabin Creek, at a point generally located near the west section line of Section 12,

Township 3 North, Range 73 West, 6th P.M., Boulder County, Colorado: 0.06 cfs, ABSOLUTE. vii. Roaring

Fork Creek, at a point generally located near the west section line of Section 2, Township 3 North, Range

73 West, 6th P.M., Boulder County, Colorado: 0.01 cfs, ABSOLUTE. viii. Alpine Brook, a tributary to

Tahosa Creek, at a point generally located near the west section line of Section 27, Township 4 North,

Range 73 West, 6th P.M., Larimer County, Colorado: 0.30 cfs, ABSOLUTE. ix. Dry Creek, at a point

generally located near the west section line of Section 32, Township 3 North, Range 72 West, 6th P.M.,

Boulder County, Colorado: 0.01 cfs, ABSOLUTE. C. Source: St. Vrain Creek and its tributaries. D.

Appropriation: October 14, 1992. E. Uses: After exchange, the water was used and will in the future be

used in the District’s plan for augmentation. 6. Summary of Exchanges:

From To Rate Type

Lake No. 4 outlet,

Longmont Supply Ditch,

Buck Gulch – S31, T3N, R73W

Rock Creek – S25, T3N, R73W

Willow Creek – S26, T3N, R73W

0.05 cfs

0.07 cfs

0.06 cfs

Absolute

Absolute

Absolute

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Oligarchy Ditch, and

Bonus Ditch headgates

Fox Creek – S26, T3N, R73W

Horse Creek – S11, T3N, R73W

Cabin Creek – S12, T3N, R73W

Roaring Fork Creek – S2, T3N,

R73W

Alpine Brook – S27, T4N, R73W

Dry Creek – S32, T3N, R72W

Middle St. Vrain Creek – S13, T2N,

R73W

0.04 cfs

0.10 cfs

0.06 cfs

0.01 cfs

0.30 cfs

0.01 cfs

0.15 cfs

Absolute

Absolute

Absolute

Absolute

Absolute

Absolute

Conditional

Lake No. 4 outlet,

Longmont Supply Ditch,

Oligarchy Ditch, and

Bonus Ditch headgates

Copeland Reservoir

Coffintop Reservoir

Beaver Park Reservoir

20 cfs

20 cfs

20 cfs

Conditional

Conditional

Conditional

Longmont Supply Ditch,

Oligarchy Ditch, and

Bonus Ditch headgates

Lake No. 4 20 cfs Conditional

7. Conditions on Exchanges: Pursuant to the 02CW334 Decree, the Exchanges shall operate: A. Only

when there is a live stream within the entire exchange reach being operated and such exchange is in priority;

and B. Only with the approval of the Division Engineer and/or the Water Commissioner prior to each

exercise of the Exchanges under this Decree. 8. 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: The District seeks a decree finding that: (A) it has been

diligent with respect to completing the appropriation of the conditional appropriative rights of exchange

described in Paragraph 4, above; and (B) it is entitled to continue these conditional water rights for another

six-year diligence period. The District’s water rights, including the Exchanges, compromise an integrated

system of water rights and structures under §37-92-301(4)(b), C.R.S. Work performed and costs expended

by the District on any water rights or structures that are a part of its integrated water system shall be

considered in finding that reasonable diligence has been shown in the development of the conditional water

rights decreed herein for all features of the system as provided in §37-92-301(4)(b), C.R.S. During the

period from July, 2014 to the date of the filing of this Application (“Diligence Period”), the District

expended considerable resources in the development of its water rights, including the Exchanges, and the

District expects to continue to expend significant resources to perfect all of its conditional water rights.

Accordingly, and in support of its claim of diligence, the District completed the following activities during

the Diligence Period: A. In September, 2013, flood waters in the Left Hand and St. Vrain Creek basins

severely damaged one of the Plan’s primary storage reservoirs. During the Diligence Period, the District

expended more than $50,000 on legal and engineering costs to repair its damaged infrastructure (the

District’s total project budget for the reservoir repair is approximately $5,000,000.00) and keep the Plan

operational, including expenditures relating to: i. Evaluating the extent of the flood damage to the Plan’s

primary storage reservoir and to the other components of the Plan; ii. Coordinating options to repair the

damaged reservoir with the reservoir’s co-owner, Boulder County through execution and three amendments

of an IGA. iii. Coordinating funding for such repair from multiple funding sources, including Boulder

County and FEMA and applying for and obtaining a loan from the Colorado Water Conservation Board;

iv. Commencing design of such repair; v. Preparing plan sets and bid documents for such repair; vi.

Applying for permits required by multiple jurisdictions for the repair project; vii. Negotiating a separate

agreement with Boulder County and a third party for the removal of flood debris from the project site; viii.

Identifying and procuring a substitute source of augmentation water for the interim operation of the Plan

during the repair project; ix. Soliciting and accepting bids for repair of the reservoir and the reservoir’s

outlet works pipeline; x. Awarding a contract to the low bidder to undertake the construction of repairs to

the reservoir and the reservoir’s outlet works pipeline; xi. Issuing a notice to proceed to the contractor for

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the repairs; xii. Obtaining services of engineering and legal consultants during construction of the repairs;

xiii. Consulting with the State and Division Engineers to ensure the interim operation of the Plan during the

repair project; and xiv. Requesting and obtaining approvals of temporary Substitute Water Supply Plans to

operate the Plan during the repair process in 2014, 2015, 2016, and 2017, 2018, 2019 and 2020. B. To

increase the operational flexibility for the Plan following the 2013 flood, the District expended more than

$5,000 on legal, engineering, and surveying costs to evaluate rehabilitating another of its Plan storage

reservoirs. C. Because of the financial effect of the 2013 flood on the District, and additionally, to increase

its operational flexibility post-flood, the District invested considerable resources to evaluate and execute a

ballot initiative strategy to de-Bruce so that the District’s ability to, among other objectives, develop water

supply sources, including the perfection of the District’s conditional water rights, would be

enhanced. Voters within the District approved the ballot initiative on November 8, 2016. D. In 2014, the

District’s Board held a retreat during which it re-focused on and re-prioritized its mission objectives, post-

flood, which included extensive discussion on acquisition/development of water storage facilities. The

retreat led to the commitment to repair the damaged reservoir, the evaluation of rehabilitating the other Plan

reservoir, and the express direction to continue to work towards perfection of the District’s conditional

water rights. E. Subsequent to the retreat, activities undertaken by the District specifically related to the

perfection of the District’s conditional water rights have included: i. Creating a committee to direct the

District’s efforts to perfect the District’s conditional water rights; ii. Participation in the efforts by the St.

Vrain Creek Coalition to create resiliency for St. Vrain Creek and its tributaries; iii. Participation in the

South Platte roundtable to explore basin storage options and funding therefor; iv. Participation in the South

Platte Storage Study directed by HB-1256; v. Outreach by the District’s Executive Director to build

consensus and coalitions for perfecting the District’s conditional water rights; and vi. Commencing

discussions with strategic partners to assist with the District’s efforts to perfect its conditional water rights.

F. In furtherance of the activities identified in ¶ 8(E), above, the District also applied for and was awarded

a Stream Management Grant to coordinate with all stakeholders and implement a Stream Management Plan

for the St. Vrain Creek basin. As holder of the Grant, the District, along with other basin stakeholders,

completed Phase 1 of the Stream Management Plan. G. In 2020, the District held a strategic planning retreat

at which it formulated and subsequently adopted a Business Plan by which the District will move forward

on its mission and core objectives, including the perfection of its conditional water rights. H. The District

filed and obtained diligence decrees for other water rights which are elements of the District’s integrated

system, including Case Nos: (a) 15CW3052 (Lake No. 4 senior conditional water storage right) and (b)

17CW3117 (Coffintop Reservoir’s conditional water storage rights). I. The District filed numerous

statements of opposition to and participated in numerous adjudications of Division No. 1 water rights

applications to protect the District’s conditional water rights. J. Contracted for engineering and legal

services related to investigating future uses of the Coffintop Reservoir’s conditional water storage rights.

9. If a claim to make absolute, water applied to beneficial use: N/A. 10. Name(s) and address(es) of

owner(s) of the land upon which any new diversion or storage structure, or modification to any

existing diversion or storage structure is or will be constructed or upon which water is or will be

stored: A. Copeland Reservoir: Applicant. B. Coffintop Reservoir: See individuals identified on EXHIBIT

B. C. Beaver Park Reservoir: The Supply Irrigating Ditch Company, c/o Daniel Richard Grant, PO Box

1826, Longmont, Colorado 80502-1826 and Highland Ditch Company, c/o Jill A. Baty, P.O. Box 649,

Mead, Colorado 80542-0649. D. Rock’n W.P. Ranch, Lake No. 4: Applicant and County of Boulder, c/o

Audrey Butler, Parks and Open Space Department, P.O. Box 471, Boulder, Colorado 80306. E. Longmont

Supply Ditch: The Longmont Supply Ditch Company, c/o Daniel Richard Grant, PO Box 1826, Longmont,

Colorado 80502-1826. F. Bonus Ditch: The Bonus Ditch Company, c/o Reginald V. Golden, 105 S. Sunset

Avenue, Suite H, Longmont, Colorado 80501. G. Oligarchy Ditch: The Oligarchy Irrigation Company, c/o

Daniel Richard Grant, PO Box 1826, Longmont, Colorado 80502-1826. Application is 11 pages with 2

exhibits.

20CW3075 The Lower Logan Well Users, Inc. (“Applicant”), P.O. Box 1065, Sterling, CO 80751, C/O

Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO, 80534.

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APPLICATION FOR CONDITIONAL GROUNDWATER RIGHTS AND TO ADD WELLS TO

AUGMENTATION PLAN in LOGAN, MORGAN, WASHINGTON AND SEDGWICK COUNTIES.

Application for Conditional Groundwater Rights. 2. Name of Structure. Stieb Bros. Well No. 1 (LLWU

ID No. 145). 2.1. owner. Stieb Bros., Inc., 22782 CR 55, Iliff, CO 80736. 2.2. Location of Well: NW1/4

of the NW1/4 Section 3, Township 9 North, Range 51 West of the 6th P.M., Logan County Colorado, 900

ft from the North section line and 230 ft from the West section line. 2.3. Appropriation Date. June 8, 2020.

2.4. Amount Claimed. 100 g.p.m, conditional. 2.5. Source: Groundwater tributary to the South Platte River.

2.6. Uses. Commercial and Industrial uses associated with a feedlot. 2.7. Prior Decree. None. 3. Name of

Structure. Stieb Bros. Well No. 2 (LLWU ID No. 146). 3.1. Owner. Stieb Bros., Inc., 22782 CR 55, Iliff,

CO 80736. 3.2. Location of Well: NW1/4 of the SW1/4 of Section 3, Township 9 North, Range 51 West of

the 6th P.M., Logan County Colorado, 2,260 ft from the South section line and 200 ft from the West section

line. 3.3. Appropriation Date. June 8, 2020. 3.4. Amount Claimed. 100 g.p.m, conditional. 3.5. Source:

Groundwater tributary to the South Platte River. 3.6. Uses. Commercial and Industrial uses associated with

a feedlot. 3.7. Prior Decree. None. 4.. Name of Structure. Stieb Bros. Well No. 3 (LLWU ID No. 147). 4.1.

Owner. Stieb Bros., Inc., 22782 CR 55, Iliff, CO 80736. 4.2. Location of Well: NE1/4 of the SE1/4 of

Section 4, Township 9 North, Range 51 West of the 6th P.M., Logan County Colorado, 2,000 ft from the

South section line and 60 ft from the East section line. 4.3. Appropriation Date. June 8, 2020. 4.4. Amount

Claimed. 100 g.p.m, conditional. 4.5. Source: Groundwater tributary to the South Platte River. 4.6. Uses.

Commercial and Industrial uses associated with a feedlot. 4.7. Prior Decree. None. 5.. Name of Structure.

Stieb Bros. Well No. 4 (LLWU ID No. 148). 5.1. Owner. Stieb Bros., Inc., 22782 CR 55, Iliff, CO 80736.

5.2. Location of Well: NW1/4 of the SW1/4 of Section 3, Township 9 North, Range 51 West of the 6th

P.M., Logan County Colorado, 1,680 ft from the South section line and 55 ft from the West section line.

5.3. Appropriation Date. June 8, 2020. 5.4. Amount Claimed. 100 g.p.m, conditional. 5.5. Source:

Groundwater tributary to the South Platte River. 5.6. Uses. Commercial and Industrial uses associated with

a feedlot. 5.7. Prior Decree. None. 6. Name of Structure. Gerk Well (LLWU ID No. 149). 6.1. Owner. Alan

Gerk, 27908 Hwy 138, Iliff CO 80736. 6.2. Location of Well: SE1/4 of the NW1/4 of Section 22, Township

9 North, Range 51 West of the 6th P.M., Logan County Colorado, 1,670 ft from the North section line and

2,205 ft from the West section line. 6.3. Appropriation Date. June 8, 2020. 6.4. Amount Claimed. 15 g.p.m,

conditional. 6.5. Source: Groundwater tributary to the South Platte River. 6.6. Uses. Residential (Domestic,

5.74 acres of home lawn and garden irrigation, domestic animal and livestock watering). 6.7. Prior Decree.

None. 7. Name of Structure. Sigmon Well (LLWU ID No. 150) 7.1. Owner. Todd Sigmon, 45853 CR 59,

Fleming CO 80728. 7.2. Location of Well: SE1/4 of the NW1/4 of Section 7, Township 9 North, Range 50

West of the 6th P.M., Logan County Colorado, 1,555 ft from the North section line and 1,935 ft from the

West section line. 7.3. Appropriation Date. June 8, 2020. 7.4. Amount Claimed. 100 g.p.m, conditional.

7.5. Source: Groundwater tributary to the South Platte River. 7.6. Uses. Commercial and Industrial uses

associated with a feedlot. 7.7. Prior Decree. None. 8. Name of Structure. Svoboda Augmentation Well No.

59883-F (Enlargement) (LLWU ID No. A-35). 8.1. Owner. Svoboda Family LLLP, PO Box 1430 Edwards

CO 81632. 8.2. Location. In the NE1/4 of the SE1/4, Section 35, Township 10 North, Range 50 West of

the 6th P.M., Logan County, Colorado, approximately 3000 feet South and 0 feet West of from the Northeast

corner of said section. 8.3. Appropriation Date. June 8, 2020. 8.4. Amount Claimed. 4.46 c.f.s. (in addition

to the 5.56 decreed in 03CW208). 8.5. Uses. Augmentation and replacement use in Applicant’s plan for

augmentation decreed in 03CW208. 8.6. Prior Decrees. This well was previously decreed for use in

Applicant’s plan for augmentation decreed in 03CW208 in the amount of 5.56 c.f.s. This Application seeks

to add an additional 4.46 c.f.s to that amount (for a total of 10.02 c.f.s). APPLICATION TO ADD WELLS

TO BE AUGMENTED BY APPLICANT’S PLAN FOR AUGMENTATION DECREED IN CASE NO.

03CW208 9. Augmentation Plan. Applicant operates an augmentation plan decreed in Case No. 03CW208

(the “03CW208 Decree”). ¶33.6 of the 03CW208 Decree allows the addition of wells to the plan subject to

notice and terms and conditions. Applicant seeks to add the Wells in ¶¶2-8 and the Carwin Well No. 1

described below. Figure 1, attached, shows the location of the Wells. 9.1. Name of Structure to be

Augmented. Carwin Well No. 1. 9.1.1. Name and Address of Owner of Well: Marick’s Farm, c/o Coy and

Bernadette Marick, 28105 CR 75, Crook, CO 80726. 9.1.2. Location of Well: SE1/4 of the SE1/4, Section

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28, Township 10 North, Range 50 West of the 6th P.M., Logan County, Colorado, at a point 70 feet North

and 1150 West of the SE Corner of said Section 28. 9.1.3. Prior Decrees: W-3852 and 19CW3184. 9.1.4.

Remarks: The Carwin Well No. 1 is already included as an augmented structure in Applicant’s plan for

augmentation for an amount of 2.5 c.f.s with an appropriation date of December 31, 1942. This Application

does not affect the currently augmented structure other than to add the additional amount of 2.5 c.f.s. from

the conditional right decreed in 19CW3184. 10. Aquifer Parameters. The aquifer parameters and other

information required by the 03CW208 Decree for each Well are set out in Table 1 attached as Exhibit A.

11.Consumptive Use and Depletions. The consumptive use factors used will be those set out in the

03CW208 Decree at ¶ 37.3.4. There are no out-of-priority depletions from previous use associated with the

wells described herein. 11.1 The Steib Bros. Well Nos. 1, 2, 3 & 4 and the Sigmon Well are for use in

feedlots and shall be deemed 100% consumptively used pursuant to ¶37.3.4 of the 03CW208 Decree. 11.2.

The Gerk Well will be used for domestic/residential use which consumes 10% of the groundwater used for

in-house domestic uses where, as here, the return flow is treated by a non-evaporative wastewater disposal

system. For domestic wells with outdoor uses, including the Gerk Well, the amount of pumping for outdoor

uses shall be calculated as the monthly pumping minus indoor use, where indoor use is the average monthly

ground water pumping during the previous December, January, and February. The consumptive use of the

outdoor use amount will be 85%. 11.3. Carwin Well is used for sprinkler irrigation and shall have an 80%

efficiency factor pursuant to ¶37.3.4 of the 03CW208 Decree. 11.4. The Svoboda Augmentation Well No.

59883-F Enlargement will be used for augmentation purposes and shall be deemed 100% consumptively

used. 12. Well Pumping Measurement. 12.1. Measurement of Well Pumping for Wells with the Same Uses

and Different Priority Dates. Following entry of a decree in this matter, LLWU ID No. 96 (included in the

03CW208 Decree) and 2nd LLWU ID No. 151 (Carwin Well No. 1 Well described in Paragraph 10.1

above) will have different priorities for irrigation use and operate with a shared meter. Applicant shall

apportion the total metered pumping according to Paragraph 15.1 of the decree in Case No. 19CW3184,

21% of the pumping will be attributed to the 1945 appropriation and 79% for the 2019 appropriation.

Following entry of a decree in this matter, LLWU ID. No. A-22 (included in the 03CW208 Decree) and

2nd LLWU ID No. A-35 (Svoboda Augmentation Well No. 59883-F (Enlargement) described in Paragraph

8 above) will have different priorities for augmentation use and operate with a shared meter. Applicant shall

apportion the total metered pumping to the two priorities by the decreed flow rates for each priority which

is the initial 5.56 c.f.s pumped for LLWU ID No. A-22 and the additional 4.46 c.f.s pumped (from 5.561-

10.02 c.f.s.) for 2nd LLWU ID No. A-35. 12.2. Measurement of all other Wells Added Pursuant to this

Application. Each well added to the augmentation plan shall be equipped with a totalizing flow meter and

shall not be pumped until such flow meters are installed. 13. Water Rights to be Used for Augmentation.

All of the water rights decreed in Case No. 03CW208 may be used to augment the wells added to

Applicant’s Augmentation Plan by this Application.

20CW3076 THE CITY OF AURORA, COLORADO, acting by and through its Utility Enterprise,

15151 East Alameda Parkway, Suite 3600, Aurora, Colorado 80012-1555, telephone (303) 739-7370,

Email: AuroraWater@auroragov.org. Attorneys: Austin Hamre, John M. Dingess and Teri L. Petitt,

Hamre, Rodriguez, Ostrander & Dingess, P.C., 3600 S. Yosemite Street, Suite 500, Denver, Colorado

80237, phone: (303) 779-0200, fax: (303) 779-3662, e-mail: mail@hrodlaw.com. APPLICATION FOR

APPROVAL OF A PLAN FOR AUGMENTATION INCLUDING EXCHANGE IN ARAPAHOE,

ADAMS AND DENVER COUNTIES. 2. Synopsis. Property generally situated south and upstream of

Aurora Reservoir in the Senac Creek and Mead Creek drainages, located within the City of Aurora and

more specifically within the Southshore Metropolitan District No. 1 (“SSMD”) is being developed as the

Southshore residential community. SSMD operates a series of ponds which serve as stormwater control

and detention structures as well as the source for a non-potable irrigation system, and other related facilities

(the “Southshore Facilities”). Pursuant to this application, and in accordance with agreements with SSMD,

Aurora seeks a plan for augmentation including exchange necessary for replacement of depletions caused

by operation of the Southshore Facilities and irrigation of common areas and evaporation from the ponds.

3. Plan for Augmentation. 3.1. Structures to be Augmented (depicted on Exhibit A): 3.1.1. Upper Senac

7

Creek Pond: Located in the SW1/4 of the NW1/4 and NW1/4 of the SW1/4, all in Section 28, Township 5

South, Range 65 West of the 6th P.M., Arapahoe County, Colorado. The point at which Senac Creek

intersects the centerline of the dam is located at a point 2,399 feet from the North section line and 546 feet

from West section line of said Section 28. 3.1.2. Lower Senac Creek Pond: Located in the SW1/4 of the

SW1/4 of Section 21, and the NW1/4 of the NW1/4 of Section 28, all in Township 5 South, Range 65 West

of the 6th P.M., Arapahoe County, Colorado. The point at which Senac Creek intersects the centerline of

the dam is located at a point 352 feet from the South section line and 1,195 feet from West section line of

said Section 21. 3.1.3. Mead Creek Pond: Located in the SE1/4 of the SE1/4 of Section 21 and the NE1/4

of the NE1/4 Section 28, Township 5 South, Range 65 West of the 6th P.M., Arapahoe County, Colorado.

The point at which Mead Creek intersects the centerline of the dam is located at a point 27 feet from the

South section line and 147 feet from East section line of said Section 21. 3.2. Prior decree for structures:

none. 3.3. Water rights to be used for augmentation: 3.3.1. Water derived from the exercise of various

water rights currently owned by Aurora to the extent they are decreed to be fully consumable or reusable

from water sources diverted from the Colorado River Basin, the Arkansas River Basin, and the South Platte

River Basin, or withdrawal from the Denver Basin Aquifers, including but not limited to Aurora-Senac

Well No. A-2, Permit No. 044254-F (aka Aurora Non-Tributary Well No. A-2), as well as reusable

municipal effluent and quantified LIRFs. A list of the water rights that may be so used is attached hereto

as Exhibit B. In accordance with C.R.S. § 37-92-305(8)(c), Aurora intends to include a provision in the

final decree allowing the addition of sources of substitute supply acquired after the entry of the decree for

purposes of augmentation, provided such after-acquired sources are not used by exchange. 3.3.2. Other

water that is reusable, fully consumable, transmountain or historical consumptive use, or decreed for

exchange or augmentation purposes, that Aurora develops, adjudicates, buys, leases, or otherwise acquires

in the future, provided such water reaches the Southshore Ponds by means other than exchange. 3.4.

Complete Statement of Plan for Augmentation. The three ponds referenced above are located on

historically ephemeral Senac and Mead Creeks. In addition to being used for stormwater detention and

other uses as described in paragraph 2 above, SSMD will irrigate landscaping in the common areas within

its boundaries using water from the three ponds as a supply. All such irrigation will occur with the

boundaries of SSMD (depicted on Exhibit A), which consists of approximately 780 acres located within

portions of the SE1/4 of Section 20, portions of the S 1/2 of Section 21, and portions of all quarter-sections

of Section 28, Township 5 South, Range 65 West of the 6th P.M., Arapahoe County. Depletions to the

natural stream from such irrigation and from pond evaporation will be replaced by water from Aurora’s

potable water system, Aurora Non-Tributary Well No. A-2, LIRF credits from the use of reusable Aurora

water accruing upstream of the three ponds, LIRF credits from the use of reusable Aurora water accruing

downstream of the three ponds, and/or other fully consumable effluent. Development in the area

surrounding the ponds has created LIRF accretions to these creeks; the volume of which will continue to

increase over time. In Case No. 02CW341, Water Division 1, Aurora established a methodology for the

on-going quantification of LIRFs in more developed areas within its municipal boundaries, as well as a

procedure for adding, by means of an administrative process, certain additional areas within its boundaries

that were expected to develop within the foreseeable future. SSMD is within one of the areas that can be

added, and Aurora plans to undertake the process for doing so during the pendency of this application. The

total volume of water pumped for irrigation of common areas on an average annual basis is anticipated to

be approximately 165 acre-feet and the average annual volume of water lost to pond evaporation, in total,

is anticipated to be approximately 30 acre-feet. Total annual water use pursuant to this plan is therefore not

expected to exceed 195 acre feet. 3.5. Augmentation by Exchange. As necessary to replace depletions

associated with this plan for augmentation, Applicant will exchange water from the Exchange-From Points

described below up Sand Creek, Coal Creek and Senac Creek to the structures described in paragraph 3.1,

as depicted on Exhibit C hereto, using the sources of substitute supply described in paragraph 3.3. 3.5.1.

Exchange-From Points: 3.5.1.1. Confluence of Sand Creek and the South Platte River: The confluence is

generally located in the SE1/4 of the SW1/4 of Section 1, T3S, R68W, of the 6th P.M., Adams County,

Colorado. 3.5.1.2. The Sand Creek Gauge / Quantification Point for Aurora’s reusable LIRFs as decreed

in Case No. 02CW341, Water Division 1. This quantification point is located at the USGS Sand Creek

8

gauge above Burlington Ditch near Commerce City, (Gauge SANABDCO 06714360) on Sand Creek

approximately 1,400 feet upstream of the confluence of Sand Creek and the South Platte River, in the NE1/4

of the NW1/4 of Section 12, T3S, R68W, 6th P.M., in Adams County, or a location at which such gauge

may be relocated in the future. 3.5.1.3. The Outfall of the Aurora Sand Creek Wastewater Treatment Plant,

also known as the Sand Creek Water Reclamation Facility, located on Sand Creek in the NW1/4 of SE1/4

of Section 26, T3S, R67W, 6th P.M, Adams County, Colorado. 3.5.1.4. The confluence of Tollgate Creek

and Sand Creek, located in the SE1/4 of the SW1/4 of Section 25, T3S, R67W, 6th P.M., in Adams County,

Colorado. 3.5.1.5. In addition to the specific structures described above in paragraph 3.1, Aurora may

operate the subject exchanges from any of the Exchange-From Points described above to any intermediate

point within the subject exchange reach. 3.5.2. Maximum Rate of Replacement by Exchange: 1.2 c.f.s.

4. Names and addresses of owners or reputed owners of the land upon which any new diversion or

storage structure or modification to any existing diversion or storage structure or existing storage

pool is or will be constructed or upon which water is or will be stored: 4.1. Lower Senac Creek Pond:

Southshore Metropolitan District No. 1, c/o Director of Land Development, 7009 South Potomac Street,

Suite 110, Centennial, CO 80112, and Applicant. 4.2. Upper Senac Creek Pond: Jerry Richmond,

Southshore Recovery Acquisition, LLC, c/o RainTree Investment Corporation, 7200 S. Alton Way, Suite

C-400, Centennial, CO 80112. 4.3. Mead Creek Pond: Jerry Richmond, Southshore Recovery Acquisition,

LLC, c/o RainTree Investment Corporation, 7200 S. Alton Way, Suite C-400, Centennial, CO 80112, and

Applicant. (Application and attachments are 10 pages)

**Water Division One will publish**

20CW3077 (Division 2 case no. 20CW3027) Paula B. Donohoo, Mardelle L. Frazier, and Brian D.

Frazier, 8855 Walker Rd., Colorado Springs, CO 80908, (“Applicants”).Name and Address of

Attorneys. Chris D. Cummins, #35154, Emilie B. Polley, #51296, MONSON, CUMMINS & SHOHET,

LLC, 13511 Northgate Estates Dr., Ste. 250, Colorado Springs,Colorado 80921, (719) 471-1212,E-

mail:cdc@cowaterlaw.com; ebp@cowaterlaw.com. Application for Revision of Plan for Augmentation of

Paula B. Donohoo, Mardelle L. Frazier, and Brian D. Frazier, in El Paso County. II. Background and

Summary of Application. A. Applicants seek to revise a portion of an existing augmentation plan

concerning groundwater supplies underlying an approximately 13.81 acre parcel of land located in El Paso

County, Colorado. Applicants own a lot within the Willow Springs Estates depicted on attached Exhibit A

and is specifically described as Lot 1, Block 7, Willow Springs Estates, also known as 8855 Walker Rd,

Colorado Springs, CO 80908 (“Applicants’ Property”). B. Underground water rights within the Dawson,

Denver, Arapahoe, and Laramie-Fox Hills aquifers, along with a plan for augmentation, were decreed in

Case No. 99CW119 (consolidated with Water Court Division 1 Case No. 99CW143), District Court, Water

Division 2 (“99CW119 Decree”). The 99CW119 Decree established an augmentation plan for

approximately 27 acres of land located in part of the SW1/4 SW1/4 of Section 10, Township 11 South,

Range 65 West of the 6th P.M., known as Lot 1, Block 7 (13.89 acres – the Applicants’ Property), and Lot

2, Block 7 (13.39 acres), within the Willow Springs Estates. The augmentation plan decreed that up to a

combined 2.0 acre-feet of water per year may be withdrawn from the not-nontributary Dawson aquifer from

existing individual wells on each of the lots at a rate of 15 gpm, or 1.0 acre-feet per lot. The 99CW119

Decree set forth the water use as in-house use (0.3 acre-feet), irrigation (0.65 acre-feet/limited to irrigation

of 11,000 square feet), and stockwatering of four large domestic animals (0.05 acre-feet). These uses were

to be augmented by return flows from the individual non-evaporative septic systems on each lot during the

pumping life of the wells. Post-pumping augmentation obligations are met by the reservation of 1 acre-

foot per year and 100 acre-feet total, per lot, of water in the Laramie-Fox Hills aquifer (a 100-year aquifer

life/plan for augmentation). C. Applicants are the current owners of Lot 1, the Applicants’ Property, with

existing Well Permit No. 79072-F (“Donohoo Well No. 1”), attached as Exhibit B. Applicants own the

following water in the Denver Basin aquifers underlying Lot 1, as depicted on the attached Exhibit C Deed:

Aquifer Annual Amount – Annual Amount – Total

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III. Proposed Revision. Applicants are the owners of Lot 1/Applicants’ Property, and water subject to the

plan for augmentation approved and decreed by the Division 2 Water Court in the 99CW119 Decree

underlying Lot 1. Applicants do not seek any change or revision as to the 99CW119 Decree as would affect

Lot 2 of the Willow Springs Estates Subdivision. By this application, Applicants request the following

revisions to the plan for augmentation set forth in the 99CW119 Decree only as to Lot 1, as follows: A.

Structures to be Augmented: The structures to be augmented are the Donohoo Wells Nos. 1 through 3, as

proposed or as currently constructed to the not-nontributary Dawson aquifer, including any future

replacement or substitute wells as may be constructed to the not-nontributary Dawson aquifer formation

underlying the Applicants’ Property. 1. Existing Well. The Donohoo Well No. 1, with existing Division of

Water Resources Well Permit No. 79072-F, is located approximately 330 feet south and 550 feet west from

the section line in the SW1/4 SW1/4 of Section 10, Township 11 South, Range 65 West of the 6th P.M. and

is completed to the Dawson aquifer. 2. Proposed Additional Wells: Applicants will construct up to two

additional wells on Applicants’ Property, one on each lot based on the anticipated subdivision into three

lots containing 4.6 acres +/-. All such additional and/or replacement wells shall be constructed to the

Dawson aquifer. B. Water Rights to be Used for Augmentation. The water rights to be used for

augmentation during pumping are the septic return flows resulting from pumping of the not-nontributary

Dawson aquifer by the Donohoo Wells Nos. 1 through 3, as well as return flows from any

replacement/substitute wells, as set forth in this plan for augmentation, together with water rights from the

nontributary Arapahoe and Laramie-Fox Hills aquifers for any injurious post pumping depletions. C.

Statement of Plan for Augmentation. Applicants wish to provide for the augmentation of stream depletions

caused by pumping the not-nontributary Dawson aquifer wells proposed for three residential lots on

Applicants’ Property. Potential water use criteria and their consumptive use component for replacement of

actual depletions for the lots are estimated as follows: 1. Uses. i. Household Use Only: 0.25 acre feet

annually within single family dwellings on up to 3 lots, with a maximum of ten percent consumptive use

based on a non-evaporative septic leach field disposal systems. The annual consumptive use for each lot

will therefore be 0.025 acre feet per well, with return flows of 0.225 acre feet per lot, or 0.675 acre-feet per

year. ii. Landscape Irrigation: 0.05 acre feet annually per 1,000 square feet (2.18 acre feet per acre) per

year, with an 85% assumed consumptive use rate. The annual consumptive use for each 1,000 square feet

of lawn and garden irrigated is therefore 0.042 acre feet. iii. Horses (or equivalent livestock): 0.011 acre

feet annually (10 gallons per day) per head with a one hundred percent consumptive use component. 2.

Donohoo Wells Nos. 1 and 2 will each pump a maximum of 1.3 acre feet of water per year per residence,

and Donohoo Well No. 3 will pump a maximum of 0.6 acre feet per year, for a maximum total of 3.2 acre

feet being withdrawn from the Dawson aquifer per year. Such use shall be a combination of household use,

irrigation of lawn and garden, and the watering of horses or equivalent livestock. An example breakdown

of this combination of use, utilizing the factors described above, for two of the residential lots, is household

use of 0.25 acre feet of water per year, per residence, with the additional 1.05 acre feet per year available

for irrigation of lawn and garden and the watering of up to eight horses or equivalent livestock. An example

breakdown of this combination of use, utilizing the factors described above for the third lot, is household

use of 0.25 acre feet of water per year, with the additional 0.35 acre feet per available for irrigation of lawn

and garden and the watering of up to four horses or equivalent livestock. D. Depletions. Pursuant to C.R.S.

§37-90-137(9)(c.5), replacement of actual stream depletions attributable to pumping of the Donohoo wells

will be required to the extent necessary to prevent injurious effect, to the extent such wells are constructed

to the Dawson aquifer. Applicants’ consultant has determined that maximum stream depletions over the

100 years

(Acre-Feet)

300 years

(Acre-Feet)

(Acre-Feet)

Dawson (NNT) 12.3 4.1 1,230

Denver (NT) 9.1 3.0 910

Arapahoe (NT) 6.3 2.1 630

Laramie-Fox Hills (NT) 3.8 1.26 380

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300-year pumping period required by El Paso County Land Use Code for the Dawson aquifer amounts to

approximately 19.25% of pumping. Maximum annual depletions for total residential pumping from all

wells are therefore 0.385 acre feet in year 300, and Applicants are required to replace a maximum of 0.616

acre feet annually as a result of pumping the Donohoo Well Nos. 1 through 3 (i.e. 19.25% of pumping).

Should Applicants’ pumping be less than the 3.2 total, which represents a maximum of 1.3 acre feet for two

wells/lots, and 0.6 acre feet for the third well/lot, per year, as described herein, resulting depletions and

required replacements will be correspondingly reduced. E. Augmentation of Depletions During Pumping.

Applicants will replace depletions resulting from the pumping of Donohoo Well Nos. 1 through 3 during

the pumping life of such wells utilizing residential return flows from non-evaporative septic systems from

in house uses of the lots served by the Donohoo Well Nos. 1 through 3. The annual consumptive use for

non-evaporative septic systems is 10% per year per residence. At a household use rate of 0.25 acre feet per

residence per year, total of 0.75 acre feet, 0.675 acre feet is replaced to the stream system per year, utilizing

the non-evaporative septic systems. Thus, during pumping, stream depletions will be more than adequately

augmented thereby preventing injury to other vested water rights. F. Augmentation for Post Pumping

Depletions. Applicants seek to vacate the prior reservation in the 99CW119 Decree of the 1 acre-foot per

year/100 acre-feet total of the nontributary Laramie-Fox Hills aquifer for replacement of any injurious post-

pumping depletions as to Lot 1, and revise with a reservation of the entirety of the underlying Laramie-Fox

Hills aquifer and up to 610 acre-feet of the underlying Arapahoe aquifer in its stead. Applicants also reserve

the right to substitute other legally available augmentation sources for such post pumping depletions upon

further approval of the Court under its retained jurisdiction. Even though this reservation is made, under

the Court’s retained jurisdiction, Applicants reserve the right in the future to prove that post pumping

depletions will be noninjurious. The reserved nontributary Arapahoe and Laramie-Fox Hills groundwater

will be used to replace any injurious post-pumping depletions. Upon entry of a decree in this case, the

Applicant will be entitled to apply for and receive a new well permit for the existing Donohoo Well No. 1

and new permits for the Donohoo Wells Nos. 2 and 3 for the uses in accordance with this Application and

otherwise in compliance with C.R.S. §37-90-137. G. Other Remarks. 1. This Application is being filed in

Water Divisions 1 and 2 because depletions may occur to both divisions. The return flows set forth above

will accrue to the South Platte River system where the majority of depletions occur, and it is Applicants’

intent to consolidate the instant matter in Water Division 1 upon completion of publication. Applicants

request that the total amount of depletions to both the South Platte River and the Arkansas River systems

be replaced to the South Platte River as set forth herein, and for a finding that those replacements are

sufficient. 2. Applicants note that no revision of the decreed plan for augmentation is requested as affects

Lot 2 in Case No. 99CW119, but rather only replacement as to uses and amounts for Lot 1, and to add

augmented structures to the plan for augmentation. 3. Applicants request a finding that they have complied

with C.R.S. §37-90-137(4), and that the ground water requested herein is legally available for withdrawal

by the requested wells upon the entry of a decree approving an augmentation plan pursuant to C.R.S. §37-

90-137(9)(c). 4. The term of this augmentation plan is for 300 years, however the length of the plan for a

particular well may be extended beyond such time provided the total plan pumping allocated thereto is not

exceeded. Post pumping stream depletions accrue to a particular well or wells only to the extent related to

that well’s actual pumping. 5. The Court will retain jurisdiction over this matter to provide for the

adjustment of the annual amount of ground water withdrawals to be allowed in order to conform to actual

local aquifer characteristics from adequate information obtained from well drilling or test holes. IV.

Remarks. A. The Applicants request a finding that vested water rights of others will not be materially

injured by the additional use requested herein. B. Upon entry of a decree in this case, the Applicants shall

be entitled to apply for and receive a new well permit in accordance with the provisions of any decree

entered in this case. C. The Water Court has jurisdiction over the subject matter of this application pursuant

to §§ 37-90-137(6) and 37-92-302, C.R.S. D. The Applicants intend to waive the 600 feet well spacing

requirement for any wells to be located upon the Applicants’ Property. E. The wells shall be installed and

metered as reasonably required by the State Engineer. Each well will be equipped with a totalizing flow

meter and Applicants shall submit diversion records to the Division Engineer on an annual basis or as

otherwise requested by the Division Engineer. The Applicants shall also provide accountings to the

11

Division Engineer and Water Commissioner as required by them to demonstrate compliance under this plan

of augmentation. F. HomeBridge Financial Services, Inc. has a lienholder interest in the Applicants’

Property. Pursuant to § 37-92-302(2)(b), C.R.S., Applicants will notify HomeBridge Financial Services,

Inc. of the filing of this application by certified or registered mail, return receipt requested, no later than 14

days after the filing of this application. Thereafter, the Applicants will complete and file with the Court a

Certificate of Notice as evidence that the required notice was given.

20CW3078 CENTENNIAL WATER AND SANITATION DISTRICT, c/o General Manager, 62 Plaza

Drive, Highlands Ranch, Colorado 80129. Please send all pleadings and correspondence to P. Fritz

Holleman and Bradley N. Kershaw, Buchanan Sperling & Holleman PC, 1525 Spruce Street, Suite 200,

Boulder, Colorado 80302. APPLICATION FOR FINDING OF DILIGENCE AND TO MAKE

CONDITIONAL WATER RIGHT PARTIALLY ABSOLUTE, in ARAPAHOE AND JEFFERSON

COUNTIES. 2. Name of structure: South Platte Reservoir, formerly known as South Platte Lake. 3.

Description of conditional water right (as to each structure): A. Date of Original Decree, Case No. and

Court: August 8, 1997, Case No. 95CW239, District Court, Water Division 1. B. Subsequent decree

awarding findings of diligence: Decrees finding reasonable diligence and/or making portions of the subject

conditional water right absolute were entered on August 22, 2006 in Case No. 03CW295, and on June 15,

2014 in Case No. 12CW199, both by the District Court, Water Division 1. C. Legal Description: (1)

Location of dam and reservoir: Approximately 221.3 acres located in portions of the W1/2 and of the SE1/4

of Section 31, Township 5 South, Range 68 West, of the 6th P.M., Arapahoe County, Colorado, and in the

E1/2 of the SE1/4 and the SE1/4 of the NE1/4 of Section 36, Township 5 South, Range 69 West of the 6th

P.M., Jefferson County, Colorado. (2) Legal description of each point of diversion to storage: (a) 7-11

Gulch and Other Inflows to South Platte Reservoir: See paragraph 3.C.(1) above. (b) Chatfield Reservoir

Outlet Manifold to Last Chance Ditch No. 2 (hereinafter “Last Chance Ditch”) and Nevada Ditch: The

Chatfield Reservoir Outlet Manifold intersects the centerline of the Chatfield Dam at a point whence the

southwest corner of Section 1, Township 6 South, Range 69 West of the 6th P.M., Jefferson County,

Colorado, bears North 49 degrees West a distance of 4070 feet. D. Source: 7-11 Gulch and all other inflows

to South Platte Reservoir, all tributary to the South Platte River; and South Platte River (via Chatfield

Reservoir Outlet Manifold to Last Chance Ditch and Nevada Ditch). E. Appropriation Date: November

28, 1995. Amount: 7,750 acre-feet per year initial fill, with the right to one refill in the amount of 7,750

acre-feet per year. The rate of filling from 7-11 Gulch and other inflows to South Platte Reservoir is the

entire available inflow. The rate of filling from the South Platte River via Chatfield Reservoir Outlet

Manifold to Last Chance Ditch and Nevada Ditch is 57 cfs. The remaining conditional amount of the

subject water right is 6,642 acre feet per year of the initial fill (1,108 acre feet having been made absolute

in Case No. 12CW199) 7,750 acre feet per year of the refill (conditional in full), the entire available flow

from 7-11 Gulch and other inflows to the South Platte Reservoir in excess of 2.78 cfs (2.78 cfs having been

made absolute in Case No. 12CW199), and 40.42 cfs from the South Platte River via Chatfield Reservoir

Outlet Manifold to Last Chance Ditch and Nevada Ditch (16.58 cfs having been made absolute in Case No.

12CW199). F. Uses: Municipal, domestic, industrial, commercial, irrigation, stockwatering, recreational

and fish and wildlife propagation and maintenance, including exchange purposes, replacement of depletions

resulting from use of water from other sources, augmentation purposes, and artificial recharge of Denver

basin aquifers. 4. 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: Centennial

has engaged in numerous activities during the relevant diligence period that demonstrate diligence toward

application of the subject water right to the beneficially decreed uses. Centennial’s efforts include, but are

not limited to, the following: A. The subject water right and its associated structures and sources are part

of the unified water supply system for Highlands Ranch. Highlands Ranch is a development consisting of

approximately 22,000 acres in Douglas County, including the community of Highlands Ranch. Centennial

is responsible for providing a municipal water supply to Highlands Ranch. Centennial spent approximately

$114 million on system-wide improvements not otherwise described below to develop its municipal water

and wastewater systems, including but not limited to the following approximate expenses: raw water storage

12

facilities, approximately $61 million; wastewater treatment facilities, approximately $26 million; booster

pump stations, approximately $9 million; water infrastructure, approximately $9 million; and wastewater

infrastructure, approximately $6 million, in addition to lesser expenditures. B. Centennial expended the

following specific to South Platte Reservoir: approximately $64,900 for dam safety inspections and reports,

approximately $76,900 for water quality studies and analyses, approximately $5,870 for studies related to

the Last Chance Ditch measurement flume, and approximately $16,360 for operations, maintenance, and

repairs to the subject facilities. A claim to make an additional amount of the subject water right absolute is

included herewith. Such diversion, storage, and use of water in amounts greater than the amounts

previously decreed absolute is evidence of reasonable diligence in the development of Centennial’s unified

water supply system, including the subject conditional water right. C. Centennial conducted periodic water

quality sampling and analyses at South Platte Reservoir and at the Last Chance Ditch, Nevada Ditch and at

7/11 Gulch at an estimated total expense of $239,000. D. During the diligence period, Centennial incurred

significant legal and engineering fees and costs associated with participating as an objector in various Water

Court cases to protect its water rights, including the subject water right, from injury due to claims of other

water users. Centennial continues to rely upon the subject water right and has no intention to abandon

same. 5. Claim to make absolute – water applied to beneficial use: A. Date and Amount: During water

year 2014, Centennial stored 1,142 acre feet of water under the subject water right, which is 34 acre feet

more than the amount currently decreed as absolute. Diversions were made at the following maximum

rates: (1) from 7-11 Gulch and other inflows to the South Platte Reservoir, at the rate of 5.19 cfs, diverted

on September 13, 2013, which is 2.41 cfs more than the amount currently decreed as absolute, and (2) from

Chatfield Reservoir Outlet Manifold to Last Chance Ditch and Nevada Ditch, at the rate of 57.0 cfs, diverted

on October 1, 2014, which is 40.42 cfs greater than the amount currently decreed as absolute. The 57.0 cfs

amount from the Chatfield Reservoir Outlet Manifold to Last Chance Ditch and Nevada Ditch is the full

rate of diversion for this right and Centennial claims this diversion as now fully absolute. The water under

this right was subsequently delivered into Centennial’s water treatment and distribution system for

beneficial use within Centennial’s service area. Uses: All decreed uses. B. Description of place of use

where water is applied to beneficial use: Within Centennial’s service area. 6. Names and addresses of

owners or reputed owners of the land upon which any new diversion structure or storage structure, or

modification to an 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: No new diversion structures are

or will be constructed and no modifications to existing diversion structures are or will be constructed.

Centennial owns the land on which South Platte Reservoir is located. WHEREFORE, Centennial requests

the Court to enter a decree finding that (1) Centennial has proceeded with reasonable diligence toward the

completion of the appropriation of the subject conditional water right; (2) finding that Centennial has made

the subject conditional water right absolute in the amounts and for the uses claimed in paragraph 5 above;

and (3) continuing the remaining conditional portions of the subject conditional water right in full force and

effect for an additional diligence period. (6 Pages).

20CW3079 City of Brighton, 500 South 4th Avenue, Brighton, Colorado 80601, Attn: Marv Falconburg,

Acting City Manager, (303) 655-2021. APPLICATION FOR UNDERGROUND WATER RIGHT

AND INCLUSION OF WELL UNDER AUGMENTATION PLAN DECREED IN CASE NO.

2003CW320 IN ADAMS AND WELD COUNTIES. Future correspondence and pleadings to: Brent A.

Bartlett, Esq.,Fischer, Brown, Bartlett & Gunn, P.C., 1319 E. Prospect Road, Fort Collins, Colorado, 80525,

(970) 407-9000. 2. Application: With this Application, the City of Brighton (hereinafter “Brighton” or

“Applicant”) seeks a new underground water right for the Chikuma Well, which structure had a

groundwater right originally decreed in Water Division 1 Case No. W-3634 (“Original Decree”). The

Original Decree authorizes the use of water pumped from the Chikuma Well for livestock watering and

irrigation on approximately 80 acres in the Northwest 1/4 of Section 12, Township 1 South, Range 66 West

of the 6th P.M. By this Application, additional uses are being added to the Chikuma Well structure and the

originally decreed uses are being maintained, with all uses being augmented under the City of Brighton’s

augmentation plan decree in Case No. 2003CW320. The well and decreed location of use are located

13

within Brighton’s future service growth area. However, the currently decreed location of use is outside of

Brighton’s current service area and does not include the parks and common areas in the Bromley Park

development (located in Sections 10 and 11 of Township 1 South, Range 66 West of the 6th P.M.) which

is the location the water right is currently needed for use. Through this Application Brighton seeks a new

water right for the Chikuma Well to add uses decreed to the structure within Brighton’s current and future

service area. Additionally, since the Original Decree authorizes only irrigation and livestock watering,

Brighton is requesting this new water right for all municipal uses, including irrigation. Additionally,

Brighton seeks to include the Chikuma Well in its well augmentation plan decreed in Water Division 1

Case No. 2003CW320, pursuant to Paragraph 26.2 of that decree. 3. New Conditional Underground Water

Right. 3.1. Well name and permit number. Chikuma Well, WDID 0205697, Permit 13205-R. 3.2. Original

decree. This well was originally decreed in Water Division 1 Case No. W-3634. 3.2.1. Original

appropriation date: July 31, 1954. 3.2.2. Original amount: 1.90 cubic feet per second. 3.2.3. Original Uses:

livestock watering and irrigation of approximately 80 acres in the Northwest 1/4 of Section 12, Township

1 South, Range 66 West of the 6th P.M. 3.3. Well Location. 3.3.1. Legal description: NW1/4 of the NW1/4

of Section 12, Township 1 S, Range 66 W. 3.3.2. UTM Coordinates: NAD 1983, Zone 13N;

Easting: 522768; Northing: 4426094. 3.4. Source. Groundwater tributary to the Beebe Seep Canal within

the Beebe Draw, tributary to the South Platte River. 3.5. Depth. 63 feet. 3.6. Appropriation for new

conditional right: This appropriation was initiated with the filing of this Application, and therefore the

appropriation date is March 20, 2020. 3.7. Amount. 1.90 cfs (853 GPM), to be limited in conjunction with

any pumping under the Original Decree. 3.8. Uses for new conditional right. All municipal uses, including

irrigation, reuse and successive use within Brighton’s service area, as it exists now and may exist in the

future. 3.9. Uses under the Original Decree. The decreed use of the Chikuma Well in Case No. W-3634

will be maintained and will be augmented as described in this Application. 3.10. Owners of impacted land.

This Application does not involve the construction of any new structures, nor does it involve the

modification of an existing structure. 4. Adding Well to the Augmentation Plan Decree in Case No.

20003CW320. The Chikuma Well was augmented through Central Colorado Water Conservancy District’s

(CCWCD) Ground Water Management Subdistrict (GMS) augmentation plan decreed in Case No.

02CW335 until December 11, 2019. With this Application Brighton seeks to include the Chikuma Well in

its augmentation plan, decreed under Case No. 2003CW320 (Augmentation Plan). 4.1. Augmentation Plan.

Paragraph 26.2 of the decree in Case No. 2003CW320 permits the addition of wells to the Augmentation

Plan, “so long as the well is located in the Beebe Draw basin and is operated and used, and out-of-priority

depletions are replaced, on terms and conditions at least as restrictive as decreed herein.” 4.2. Location of

depletions. Depletions from the Chikuma well impact the Beebe Seep Canal in the Northwest 1/4 of the

Northeast 1/4, Section 12, Township 1 South, Range 66 West of the 6th P.M. 4.3. Timing of Depletions.

The following aquifer parameters are associated with the Chikuma Well for use with the Glover method in

determining the timing of depletions.

Well Name Depletion

Reach X (ft) W (ft) T (gal/day/ft) S (%)

Chikuma D – Beebe

Seep Canal 2,995.55 4,793.54 202,344 20

4.4. Past Pumping Depletion Replacement: Pursuant to the Water Court order in Case No. 02CW335,

CCWCD will pay the past well depletions, through 2019, for the Chikuma well under the augmentation

plan decreed therein. These monthly past pumping depletions were defined in the Water Court order and

will continue through January 2021. Brighton will augment well depletions from new pumping of the

Chikuma well under its Augmentation Plan beginning in 2020. WHEREFORE, Brighton respectfully

requests a ruling and decree adding the Chikuma Well to the Augmentation Plan decreed in Case No.

2003CW320 and confirming a new, underground water right for the Chikuma Well, which water right

Brighton may use for all municipal purposes, including irrigation, within its current and future service area.

(5 pages).

14

20CW3080 Groundwater Management Subdistrict of the Central Colorado Water Conservancy

District C/O Lawrence Jones Custer Grasmick, LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO,

80534 (970)622-8181. APPLICATION TO ADD WELLS TO AUGMENTATION PLAN IN WELD

COUNTY. 2. Augmentation Plan. Applicant operates an augmentation plan decreed in Case No.

02CW335 (“GMS Plan”). ¶14.5 of the decree in Case No. 02CW335 (Decree) allows the addition of wells

to the plan subject to notice and terms and conditions. 3. Structures to be Added and Augmented. 3.1.

Name of Structure to be Added and Augmented: McClellan Well #2-11104, (WDID: 0207173) (

“McClellan Well 2”) 3.1.1. Name and Address of Owner of Well: Richard J. Craven, Shan M. Craven,

Riley J. Craven, and Rory J. Craven,1854 14th Avenue, Greeley, CO 80631 3.1.2. Location of Well: 529011

meters East, 4464930 meters North, UTM 13S. This location is within 200 feet of the decreed location of

the well. 3.1.3. Previous Decree W-599: A decree was entered in Water Court, Water Division No. 1, Case

No. W-599 on August 8, 1973 adjudicating McClellan Well 2 in the SW1/4 of SW1/4 of Section 3

Township 4 North, Range 65 West of the 6th P.M., Weld County, Colorado, at a point 42 feet North and 65

feet East of the SW Corner of said Section 3. The priority date is December 31, 1929 for 3.33 cubic feet

per second. The use of the water is irrigation of approximately 80 acres in the W1/2 of SW1/4 of Section

3, Township 4 North, Range 65 West of the 6th P.M., Weld County, Colorado. 3.1.4. GMS Contract No.:

Contract No. 1252: irrigation use approved May 19, 2020 See Attachment 2 to Exhibit 1. 4. Proposed

Terms and Conditions. 4.1. Consumptive Use. The terms and conditions for McClellan Well 2 will be

the same as for the other Member Wells in the Decree. The consumptive use factor will be 60% for flood

irrigated acres, and 80% for sprinkler irrigated acres as set out in the Decree at ¶17.3.3.1. The method for

determining future consumptive use from irrigation will be as set out in the Decree at ¶17.3.3.3. The Well

will be subject to all the terms and conditions for operation as for other Member Wells in the Decree. 4.2.

Net Stream Depletions. Depletions resulting from the use of groundwater and accretions resulting from

deep percolation of groundwater applied for irrigation will be lagged back to Beebe Draw using the Glover

alluvial aquifer method, as set out in the Decree at ¶17.3.3.4 and 17.3.4, and the following parameters.

AQUIFER PARAMETERS FOR ADDED WELLS

WDID Stream

Distance (feet) Harmonic Mean

Transmissivity (gpd/ft)

GMS Admin. Reach

To Stream from Aquifer

Boundary

To Stream from Well

(1) (2) (3) (4)

0207371 Beebe Draw 10,400 5,270 209,100 D 5. McClellan Well 2 there are records indicating that McClellan Well No. 2 was not pumped from 2007

through 2011. There are no records of well pumping following 2011. Due to the proximity of McClellan

Well 2 to Beebe Draw, there would not be any remaining post depletions from the Well had it pumped prior

to 2007.

20CW3081 CAMP ST. MALO RELIGIOUS RETREAT AND CONFERENCE CENTER, INC.,

1300 South Steele Street, Denver, CO 80210; Email: theresa.whaley@archdenorg; Telephone Number:

(303) 715-3271. Please direct all correspondence concerning this Application to: Paul Zilis, Esq., Alison

I. D. Gorsevski, Esq., Peter C. Johnson, Esq., and Andrea A. Kehrl, Esq., Vranesh and Raisch, LLP, 5303

Spine Road, Suite 202, Boulder, CO 80301; Email: pjz@vrlaw.com; adg@vrlaw.com; pcj@vrlaw.com and

aak@vrlaw.com; Telephone: (303) 443-6151. APPLICATION FOR FINDINGS OF REASONABLE

DILIGENCE IN JEFFERSON COUNTY. 2. Name of structures: Elk Creek Wells Nos. 28 through 70.

3. Prior decrees: a. Original decree: Case No. 06CW079, District Court, Water Division 1, Colorado, dated

November 22, 2006. b. Subsequent diligence decree: Case No. 12CW256, District Court, Water Division

1, Colorado, dated June 17, 2014. 4. Description of water rights: a. Legal description of the structures: The

decreed location for the wells to be drilled is within the NE1/4 of the SE1/4 of Section 31, and the SW1/4

15

of Section 32, Township 6 South, Range 71 West, 6th P.M.; and Section 5, the E1/2 of the E1/2 of Section

6, and Section 8, Township 7 South, Range 71 West, 6th P.M., all in Jefferson County, Colorado. As set

forth in the Decree in Case No. 06CW079, the exact location of the wells will be determined as the

properties within that area are developed. A map of the property owned by Applicant on which the wells

subject hereto will be located is attached as Exhibit A. b. Source: Groundwater tributary to Elk Creek,

Shattuck Gulch, and the North Fork of the South Platte River. c. Date of appropriation: March 24, 2006.

d. Amount: 15 gallons per minute for each well, CONDITIONAL; provided, however, that water can be

diverted at rates up to 30 gallons per minute from six wells if production warrants. e. Uses: Domestic and

ordinary household purposes, irrigation, stock watering, commercial, industrial, and fire protection. 5.

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: a. During the

subject diligence period, Camp St. Malo Religious Retreat and Conference Center (“Camp St. Malo”), a

Colorado non-profit corporation purchased the property on which the subject wells are located for the

purpose of planning, developing, and operating a retreat and conference center facility (“Retreat”) at a cost

of $2,100,000.00. Camp St. Malo maintains a portfolio of water rights and structures that will be used to

supply water to the Retreat as part of an integrated water supply system. b. As part of that purchase, Elk

Creek Properties, LLC, and Camp St. Malo negotiated, executed, and closed on the purchase and sale of

water assets for use at the Retreat. On July 15, 2015, Camp St. Malo purchased, among other things, the

water rights for Elk Creek Properties Well Nos. 28 through 70 (“Subject Water Rights”), together with a

61% interest in the plan for augmentation decreed in Case No. 06CW079 (“06CW079 Decree”) at a cost of

approximately $150,000.00. c. On September 4, 2015, Camp St. Malo and Elk Creek Properties, LLC,

entered into a joint operating agreement to define the future joint operation under the 06CW079 Decree,

including their respective interests in the Elk Creek Properties Wells Nos. 1 through 70 and the plan for

augmentation. d. Camp St. Malo drilled Elk Creek Properties Wells Nos. 28, 29, and 30. Well No. 28

(Permit No. 81430-F) was drilled on June 20, 2018 and a pump was installed on September 19, 2019. Well

No. 29 (Permit No. 81431-F) was drilled in February 2016 and a pump was installed on September 19,

2019. Well No. 30 (Permit No. 81432-F) has been drilled but is not yet equipped with a pump. Camp St.

Malo paid approximately $118,735.00 in engineering and well construction costs. e. In addition to drilling

the wells referenced above, Camp St. Malo has engaged in significant planning, design and construction

activities for development of the Retreat, including, but not limited to: full design of master plan for new

retreat center, construction of rough graded access road, implementation of forest fire mitigation plan, and

construction of improvements to pond. Said activities have cost approximately $2,389,359.00. f. The costs

and activities described in this paragraph 5 are not all inclusive, and Camp St. Malo reserves the right to

provide evidence of any other activities done or expenditures made toward completion of the appropriation

and application of water to beneficial use of the Subject Water Rights and Camp St. Malo’s integrated water

supply system. g. Camp St. Malo has a continuing need for and non-speculative intent to pursue the

diversion and beneficial use of the Subject Water Rights up to the full amount of their appropriations. 6.

Name and addresses of owners or reputed owners of the land upon which any new diversion or storage

structure, or modification to any existing diversion or storage structure is or will be constructed or upon

which water is or will be stored, including any modification to the existing storage pool. Not applicable.

WHEREFORE, Camp St. Malo requests the Court to enter a decree granting the claims set forth herein;

to wit, (a) finding that the Camp St. Malo has exercised reasonable diligence and granting findings of

reasonable diligence for the Subject Water Rights; and (b) continuing the Subject Water Rights for another

six years or until made absolute by the completion of the appropriations. (6 pgs. 1 Exhibit)

20CW3082 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF CLEAR CREEK,

c/o Lisa Leben, Special Projects Manager, P.O. Box 2000, Georgetown, CO 80444; Email:

lleben@clearcreekcounty.us; Phone: (303) 679-2434 Please direct all correspondence concerning this

Application to: Paul Zilis, Esq., Andrea A. Kehrl, Esq., Alison I. D. Gorsevski, Esq., and Peter C. Johnson,

Esq., Vranesh and Raisch, LLP, 5303 Spine Road, Suite 202, Boulder, CO 80301; Email: pjz@vrlaw.com;

aak@vrlaw.com; adg@vrlaw.com; and pcj@vrlaw.com; Phone: (303) 443-6151. APPLICATION FOR

16

FINDINGS OF REASONABLE DILIGENCE AND TO MAKE A PORTION OF CONDITIONAL

WATER RIGHT ABSOLUTE IN CLEAR CREEK, WELD ADAMS, AND JEFFERSON

COUNTIES. 2. Names of appropriative rights of exchange: A. Clear Creek Mainstem Exchange B.

Leavenworth Creek Exchange 3. Description of appropriative rights of exchange: A. Original decree: Case

No. 05CW302, District Court, Water Division No. 1, State of Colorado, entered on June 20, 2014

(“05CW302 Decree”). i. Subsequent decrees: N/A. B. Structures and exchange reaches (Depicted on

Exhibit A attached hereto and incorporated by reference herein): i. Clear Creek Mainstem Exchange: (1)

The downstream terminus of the exchange reach is the confluence of Beaver Brook and the Clear Creek

Mainstem located in the NE1/4 NW1/4, Section 3, Township 4 South, Range 71 West of the 6th P.M.,

Jefferson County, Colorado, at a point approximately 1,370 feet from the North section line and 2,320 feet

from the West section line of said Section 3. (2) The upstream termini are as follows: (a) Clear Creek

Reservoir No. 2, in the NE1/4 NE1/4, Section 3, Township 4 South, Range 72 West, 6th P.M., at a point

approximately 1,350 feet from the East section line and 200 feet from the North section line of said Section

3, decreed in Case No. 00CW265. (b) Clear Creek Reservoir No. 3, in the SW1/4 NW1/4, Section 34,

Township 3 South, Range 72 West, 6th P.M., at a point approximately 850 feet from the West section line

and 2,200 feet from the North section line of said Section 34, decreed in Case No. 00CW265. (c) Clear

Creek Reservoir No. 4, in the SW1/4 NW1/4, Section 34, Township 3 South, Range 72 West, 6th P.M., at a

point approximately 300 feet from the West section line and 1,800 feet from the North section line of said

Section 34, decreed in Case No. 00CW265. (d) Ball Placer Reservoir, in the NE1/4 SW1/4, Section 28,

Township 3 South, Range 74 West, 6th P.M., at a point approximately 1,420 feet from the West section line

and 2,180 feet from the South section line of said Section 28, decreed in Case No. 01CW290. The County

conveyed this facility to the Town of Empire (“Empire”). It will not exchange to this Reservoir without

prior written approval from Empire. (e) Leavenworth Reservoir No. 1, in Township 5 South, Range 75

West, 6th P.M., at a point on Leavenworth Creek whence the SW corner of Section 36, Township 4 South,

Range 75 West, 6th P.M., bears N 37° 40' E a distance of 6,350 feet, decreed in Case No. 01CW290. (f)

Leavenworth Reservoir No. 2, in the SW 1/4 SW1/4, Section 36, Township 4 South, Range 75 West, 6th

P.M., at a point approximately 4,900 feet from the East section line and 290 feet from the South section

line of said Section 36, decreed in Case No. 01CW290. (g) Bakerville Reservoir No. 1, in the NW1/4 NE1/4,

Section 21, Township 4 South, Range 75 West, 6th P.M., at a point approximately 1,800 feet from the East

section line and 650 feet from the North section line of said Section 21, decreed in Case No. 01CW290. (h)

Bakerville Reservoir No. 2, in Township 4 South, Range 75 West, 6th P.M., at a point on Clear Creek

whence the NW corner of Section 22, Township 4 South, Range 75 West, 6th P.M., bears N 86° 00' E a

distance of 11,000 feet, decreed in Case No. 01CW290. (i) Golden Reservoir No. 1, in the NW1/4 SW1/4

of Section 29 and NE1/4 SE1/4 of Section 30, Township 3 South, Range 74 West of the 6th P.M. The right

(south) abutment of the dam is located at a point whence the SE corner of Section 29, Township 3 South,

Range 74 West of the 6th P.M. bears South 66° 25' East a distance of 4,842 feet. (j) Golden Reservoir No.

2, in the N1/2 SW1/4 and the NW1/4 SE1/4 of Section 29, Township 3 South, Range 74 West of the 6th

P.M. The right (south) abutment of the dam is located at a point whence the SE corner of Section 29,

Township 3 South, Range 74 West of the 6th P.M., bears South 56° 48' East a distance of 2,792 feet. (k)

Golden Reservoir No. 3, in the N1/2 SE1/4 of Section 29, Township 3 South, Range 74 West of the 6th P.M.

The right (south) abutment of the dam is located at a point whence the SE corner of Section 29 bears South

21° 44' East a distance of 2,031 feet. (i) Remarks: As recognized in Case No. 10CW78, Golden Reservoir

Nos. 1 and 2 and a portion of Golden Reservoir No. 3 have been consolidated into a single structure known

as Guanella Reservoir. (l) Grizzly Gulch Reservoir, in the NW1/4 NW1/4 of Section 32, Township 4 South,

Range 75 West of the 6th P.M., at a point approximately 500 feet from the West section line and 800 feet

from the North section line in Clear Creek County, Colorado, decreed in Case No. 05CW303. (m)

Lindstrom No. 2 Ditch and First Enlargement, which is located at a point in the SW1/4 NE1/4 of Section

30, Township 3 South, Range 74 West of the 6th P.M., Clear Creek County, Colorado, on the right bank of

the West Fork, of Clear Creek whence the SE corner of Section 29, Township 3 South, Range 74 West of

the 6th P.M. bears S 66° 20'E a distance of 7,900 feet. This structure fills Guanella Reservoir. (n) Golden

Diversion Dam and Pipeline, which is located at a point in the SE1/4 NE1/4 of Section 30, Township 3

17

South, Range 74 West of the 6th P.M., Clear Creek County, Colorado, on the right bank of the West Fork

of Clear Creek whence the SE corner of Section 29, Township 3 South, Range 74 West of the 6th P.M.,

bears S 64° 20'E a distance of 6,400 feet. This structure fills Guanella Reservoir. ii. Leavenworth Creek

Exchange: (1) The downstream terminus of the exchange reach is the confluence of the South Fork of Clear

Creek and the Mainstem of Clear Creek in the NE1/4 NW1/4, Section 17, Township 4 South, Range 74

West at a point approximately 1,250 feet from the West section line and 250 feet south of the North section

line of said Section 17. (2) The upstream termini are as follows: (a) Green Lake, which is located on the

channel of an unnamed tributary to South Clear Creek in the County of Clear Creek, Colorado, as more

particularly described as follows: Beginning at the outlet whence the Northwest corner of Section 29,

Township 4 South, Range 74 West, bears North 15° 30' West 1,625 feet; thence South 21° 45' West 160

feet; thence South 42° 10' East 235 feet; thence South 11° 30' West 530 feet; thence South 30° 25' West

150 feet; thence South 9° 10' East 290 feet; thence South 36° 15' West 82 feet; thence North 42° 55' West

120 feet; thence North 21° 20' West 180 feet; thence North 28° 00' East 245 feet; thence North 22° 40' West

695 feet; thence North 4° 50' East 525 feet; thence South 74° 40' East 165 feet to the place of beginning.

The source of water is native inflows captured in Green Lake. (b) The Green Lake Ditch or Flume a/k/a the

Leavenworth Pipeline (“Leavenworth Pipeline”), which diverts water from Leavenworth Creek, a tributary

of South Clear Creek, at a point approximately 2,580 feet East of the West section line and approximately

80 feet South of the North section line in Section 30, Township 4 South, Range 74 West, in the NE1/4

NW1/4 of said Section 30. C. Sources of substitute supply: The sources of substitute supply for the Clear

Creek Mainstem Exchange and the Leavenworth Creek Exchange are as follows: i. Vidler Tunnel Water

Rights. The County currently owns 71 acre-feet of fully consumable water from the Vidler Tunnel

Company. The Vidler Tunnel system water rights are comprised of the following: (1) Arduser Ditch: (a)

Date Entered: Original decree was entered on October 26, 1937. A decree changing the water right was

entered on October 1, 1968. (b) Case No.: CA 1709, as changed in Case No. CA 2350. (c) Court: Summit

County District Court. (d) Type of water right (surface, underground, storage): Surface. (e) Legal

description of point(s) of diversion or place of storage: 15 decreed points of diversion from Peru Creek and

tributaries located in Sections 9, 16, 17, and 20, Township 5 South, Range 75 West, 6th P.M. (f) Source:

Peru Creek and unnamed tributaries, tributary to the Blue River. (g) Amount: 3 cubic feet per second

(“cfs”). (h) Appropriation date: September 8, 1934. (i) Decreed uses: All purposes, including irrigation,

domestic, and manufacturing. (j) Historic use: The Arduser Ditch water rights provide water from the

Colorado River drainage to the Eastern Slope. Historically, they have been used for multiple purposes. (2)

Rice Ranch Water Rights: (a) Date entered: March 19, 1979. (b) Case Nos.: W-217 and W-2110. (c) Court:

District Court, Water Division 5. (d) Type of water right (surface, underground, storage): Surface. (e) Legal

description of points of diversion or places of storage: The Rice Ranch water rights have been adjudicated

for a total of 361 consumptive acre-feet with a total maximum diversion rate of 31.22 cfs from the five

following decreed points of diversion: (i) Rice Ditch, located on the left (south) bank of the Snake River in

the NW1/4 SE1/4 of Section 22, Township 5 South, Range 77 West, 6th P.M. (ii) Soda Creek Ditch, located

on the right (east) bank of the Soda Creek at a point whence the South quarter corner of Section 27,

Township 5 South, Range 77 West, 6th P.M., bears South 10° 5' East a distance of 940 feet. (iii) Phillips

Ditch, located on the left (west) bank of Keystone Creek in the SW1/4 SW1/4 of Section 14, Township 5

South, Range 77 West, 6th P.M. (iv) Rice Ditch - Riley Enlargement, located on the left (south) bank of the

Snake River at a point whence the SW corner of Section 22, Township 5 South, Range 77 West, 6th P.M.,

bears South 54° 46' West a distance of 3,845 feet. (v) Rice Ditch - Rice Enlargement. The originally decreed

headgate of the Rice Enlargement is the same as the Rice Ditch - Riley Enlargement. (vi) Sources: Snake

River, Soda Creek, and Keystone Creek, all tributary to the Blue River. (f) Amounts: (i) Rice Ditch: 4.50

cfs (ii) Soda Creek Ditch: 2.72 cfs (iii) Phillips Ditch: 4.0 cfs (iv) Rice Ditch - Riley Enlargement: 10 cfs

(v) Rice Ditch - Rice Enlargement: 10 cfs (g) Appropriation Dates: (i) Rice Ditch: May 3, 1893. (ii) Soda

Creek Ditch: July 1, 1900. (iii) Phillips Ditch: June 1, 1904. (iv) Rice Ditch - Riley Enlargement: July 5,

1914. (v) Rice Ditch - Rice Enlargement: July 5, 1914. (h) Decreed uses: Irrigation and domestic. (i)

Historic use: The Rice Ranch water rights provide transmountain water from the Colorado River drainage.

Historically, they have been used for multiple purposes on the Eastern Slope. ii. Henderson Mine Developed

18

Water. (1) Date entered: (a) Water Division No. 1 Decrees: Decreed as conditional on September 5, 1973,

and made absolute on July 16, 1980. (b) Water Division No. 5 Decrees: Decreed as conditional on August

10, 1973, and made absolute on March 17, 1978. (2) Case Nos.: (a) Water Division No. 1 Decrees: Case

Nos. W-7158, W-715877, 81CW275, and 85CW235. (b) Water Division No. 5 Decrees: Case Nos. W-

1700 and W-1700A-77. (3) Courts: District Courts, Water Division Nos. 1 and 5, Colorado. (4) Type of

water right: Non-tributary groundwater. (5) Legal description of points of diversion or place of storage:

Beginning at a point at the center of Shaft No. 1 whence USLM Mineral Monument Rue bears North 73°

42' East a distance of 3,208.4 feet. This is an unsurveyed area but appears to be in Section 25, Township 3

South, Range 76 West of the 6th P.M., Clear Creek County. Alternate Point of Diversion: Henderson Shaft

No. 2 – Beginning at a point at the center of Shaft No. 2 whence USLM Mineral Monument Rue bears

North 77° 16' 46" East a distance of 4,931.33 feet. This is an unsurveyed area but appears to be in Section

25, Township 3 South, Range 76 West of the 6th P.M., Clear Creek County. Note: The Rue Mineral

Monument is located at North Latitude 39° 46' 17" and West Longitude 105° 49' 58". (6) Source: Non-

tributary groundwater from the Henderson Mine. (7) Amount: 5 cfs absolute from Water Division No. 1;

0.349 cfs absolute from Water Division No. 5. (8) Appropriation date: April 1, 1967. (9) Decreed uses:

Industrial, domestic, irrigation, municipal, piscatorial, recreational, and all other lawful uses. (10) Historic

use: The Henderson Mine water right is decreed as a non-tributary developed water source. It is not subject

to the priority system. iii. Green Lake. (1) Date entered: Originally decreed on October 15, 2012, with

findings of diligence granted and portions confirmed as absolute in Case No. 18CW3184 on June 25, 2019,

as further described below. (2) Case Nos.: 09CW277 and 18CW3184. (3) Court: District Court, Water

Division No. 1, Colorado. (4) Type of water right: Surface. (5) Legal description of point of diversion or

place of storage: See Paragraph 3.C.ii.2.a above. In addition, regarding the location of the dam, the point

of intersection of the outlet pipe and the downstream face of the dam is approximately 330 feet East of the

West section line and approximately 1,600 feet South of the North section line of Section 29, Township 4

South, Range 74 West, in the SW1/4 NW1/4 of said Section 29. (6) Name and capacity of ditches used to

fill reservoir and legal description of point of diversion: The Leavenworth Pipeline, which is described in

Paragraph 3.B.ii.2.b above. The filling rate from Leavenworth Creek is 50 cfs. (7) Amount: The County

owns 100 acre-feet of the decreed water rights with its pro-rata share (100/270) of the refill rights and

storage capacity in Green Lake and the Leavenworth Pipeline. Out of the total capacity of 270 acre-feet in

Green Lake, 179.34 acre-feet of the first fill was made absolute in Case No. 18CW3184, with 90.66 acre-

feet of the first fill and the full 540 acre-feet of the refill remaining conditional. (8) Appropriation date:

January 6, 2009. (9) Uses: All municipal purposes, including domestic, irrigation, industrial, commercial,

fire protection, stock watering, recreation, piscatorial, storage, sewage treatment, street sprinkling,

irrigation of parks, lawns and grounds, maintenance and preservation of wildlife and aesthetic values, lake

and reservoir evaporation, lake level maintenance, augmentation and replacement adjustment and

regulation of water supply system, including exchange within the County’s system, with the right to use,

reuse, successively use and dispose of by exchange or otherwise to extinction all water lawfully diverted

and/or impounded. D. Appropriation dates: i. Clear Creek Mainstem Exchange: February 14, 2006. ii.

Leavenworth Creek Exchange: February 15, 2011. E. Exchange rates: i. Clear Creek Mainstem Exchange:

15.0 cfs between May and June; 10.0 cfs during July through April, CONDITIONAL. (1) Remarks: As a

decreed term and condition, operation of the Clear Creek Mainstem Exchange is limited to 83 acre-feet a

year, unless additional augmentation supplies are added to the County’s augmentation plan decreed in Case

No. 05CW302 (“05CW302 Augmentation Plan”). ii. Leavenworth Creek Exchange: 15.0 cfs,

CONDITIONAL. F. Use: Augmentation and replacement, including exchange of water into storage for

subsequent release for said purposes, under the 05CW302 Augmentation Plan. 4. Absolute claim: The

County has operated the Clear Creek Mainstem Exchange in priority and diverted water by exchange into

storage in Guanella Reservoir in accordance with the 05CW302 Decree numerous times during the

diligence period. The County claims herein that a portion of the conditional Clear Creek Mainstem

Exchange has been made absolute at a rate of 7.45 c.f.s. based on the exercise of the exchange on June 20,

2019. The County also reserves the right to establish that the Clear Creek Mainstem Exchange was made

absolute at a rate equal to or less than the claimed rate on a date prior to June 20, 2019. 5. Diligence claim:

19

The County intends to pursue the full decreed diversion and beneficial use of the conditional portions of

the Clear Creek Mainstem Exchanges, including any amount claimed as absolute in this application but not

ultimately approved, and the Leavenworth Creek Exchange. The County seeks a determination from the

Court pursuant to § 37-92-301(4), C.R.S., that it has been reasonably diligent in the development of the

subject conditional water rights. 6. Detailed outline of what has been done towards completion of the

appropriation and application of water to a beneficial use as conditionally decreed, including expenditures,

during the previous diligence period: A. For purposes of § 37-92-301(4)(b), the Clear Creek Mainstem

Exchange and the Leavenworth Exchange are part of an integrated system of water rights and structures

operated by the County for use of water within Clear Creek County, which system includes reservoirs,

exchanges, the 05CW302 Augmentation Plan, and numerous decreed water rights. B. Throughout the

diligence period, the County has operated, managed, administered, and maintained accounting for the

05CW302 Augmentation Plan, both for its own purposes and for plan participants who are included in the

05CW302 Augmentation Plan. C. During the diligence period, the County included five new plan

participants into the 05CW302 Augmentation Plan. As the number of plan participants increases, the

County’s augmentation needs will increase, as will the County’s need to operate the subject exchanges at

increasingly higher rates. The County incurred legal and engineering costs and invested staff time and

resources to develop, review, and negotiate water lease agreements and inclusion applications required

under the 05CW302 Decree. D. The County has participated in numerous regional and statewide water

planning efforts. The County participated in South Platte River Basin Roundtable discussions. Certain of

the County’s reservoirs were identified in the Colorado Water Plan’s Basin Implementation Plan for

purposes of funding studies and construction of certain facilities through the Identified Project and Process.

E. The County engaged in water planning efforts during the diligence period, resulting in a Strategic Water

Plan. That plan emphasizes the importance of the 05CW302 Augmentation Plan, including the Clear Creek

Mainstem Exchange and the Leavenworth Exchange. F. Throughout the diligence period, the County

monitored and participated in water quality matters on Clear Creek, particularly as they relate to the

development and operation of the County’s integrated system. G. The County has maintained its water

rights portfolio during the diligence period, and has applied for and been granted findings of reasonable

diligence for water rights and, in certain cases, made absolute water rights in the following reservoirs: Clear

Creek Reservoirs No. 2, 3, and 4 (Case No. 16CW3056, entered November 7, 2016); Upper Johnson Gulch

Reservoir (Case No. 17CW3007, entered September 14, 2017); Grizzly Gulch Reservoir (Case No.

17CW3115, entered March 1, 2018); Green Lake (Case No. 18CW3184, entered June 25, 2019); and,

Leavenworth Reservoirs Nos. 1 and 2 and Bakerville Reservoirs Nos. 1 and 2 (Case No. 19CW3095,

entered November 19, 2019). H. The County has continued to install, maintain and upgrade facilities,

including but not limited to Green Lake and related facilities. I. The County opposed approximately 15

Water Court applications to protect its water rights during the diligence period. J. The County expended in

excess of $548,000.00 for the activities described above during the diligence period. K. The County has a

continuing need for the full decreed exchange rates of the Clear Creek Mainstem Exchange and the

Leavenworth Creek Exchange, maintains the intent to develop these exchanges, and can and will put the

water diverted by these exchanges to beneficial use. The County’s claim for findings of reasonable diligence

and continuation of the subject exchanges is not speculative. 7. Name(s) and address(es) of owner(s) or

reputed owner(s) of the land upon which any new diversion or storage structure, or modification to any

existing diversion or storage structure is or will be constructed or upon which water is or will be stored,

including any modification to the existing storage pool: No new structures or modifications to structures

are contemplated by this Application. Water is or will be stored on lands owned by the following: i.

Colorado Department of Transportation, 2829 W. Howard Place, Denver, CO 80204 ii. Albert and Mary

Jane Frei Irrevocable Trust Dated June 29, 1995, P.O. Box 700, Henderson, CO 80640 iii. U.S. Forest

Service, P.O. Box 3307, Idaho Springs, CO 80452 iv. The City of Golden, 911 10th Street, Golden, CO

80401 v. The City of Black Hawk, P.O. Box 68, Black Hawk, CO 80422 WHEREFORE, the County

requests the Court to enter a decree granting the claims set forth in herein; to wit, (A) making a 7.45 cfs of

the Clear Creek Mainstem Exchange absolute; (B) finding that the County has exercised reasonable

diligence and granting findings of reasonable diligence for all conditional portions of the Clear Creek

20

Mainstem Exchange, including up to the full decreed flow rate if the Court determines that the absolute

claims cannot be approved, and the entirety of the conditional Leavenworth Creek Exchange; and (C)

continuing the subject conditional appropriative rights of exchange for another six years or until made

absolute by the completion of the appropriations. (18 pgs., 1 Exhibit)

20CW3083 MR GROUP OF CO, INC., MOUNTAIN MUTUAL RESERVOIR COMPANY, AND

NORTH FORK ASSOCIATES, LLC, c/o MR Group of Co, Inc., Mikhail Romanov and Oxana (a/k/a

Oksana) Romanova, 2583 Elk Valley Road, Evergreen, CO 80439; Email: 724tor@gmail.com;

Telephone: (248) 885-0407; Mountain Mutual Reservoir Company, 6949 Highway 73, Suite 15,

Evergreen, CO 80439; Email: 613blatch@gmail.com; Telephone: (303) 989-6932; and North Fork

Associates, LLC, 2686 S. Yukon Ct., Denver, CO 80227; Email: 613blatch@gmail.com; Telephone:

(303) 988-7111. Please direct all correspondence concerning this Application to: Aaron Ladd, Esq.,

Vranesh and Raisch, LLP, 5303 Spine Road, Suite 202, Boulder, CO 80301; Email: asl@vrlaw.com;

Telephone: (303) 443-6151. APPLICATION FOR UNDERGROUND WATER RIGHTS AND PLAN

FOR AUGMENTATION IN JEFFERSON COUNTY. CLAIM NO. 1: APPLICATION FOR

UNDERGROUND WATER RIGHT IN JEFFERSON COUNTY 2. Name of Structures: (i) Romanov

Well (Well Permit No. 313669); and (ii) Romanova Well, (Well Permit No. 313670). a. Legal Description

of Wells: (i) SW1/4 SE1/4, Section 26, Township 4 South, Range 71 West of the 6th P.M., 1,275 feet from

the South Section Line and 1,323 feet from the East Section Line (UTM Easting 474375.0 Northing

4391189.0); (ii) NE1/4 SE1/4, Section 26, Township 4 South, Range 71 West of the 6th P.M., 2,555 feet

from the South Section Line and 1,106 feet from the East Section Line (UTM Easting 474440.0 Northing

4391581.0). b. Source: Groundwater tributary to Swede Gulch, tributary to Bear Creek. c. Dates of

Appropriation: (i) June 15, 2020 (ii) March 31, 1995. d. How Appropriation was Initiated: (i) by drilling

and permitting of the well associated with Well Permit No. 313669, and by application to beneficial use on

the property; and (ii) by drilling and permitting of Well Permit No. 177170, which well was later

repermitted as Well Permit No. 313670, and by application to beneficial use on the property. e. Dates Water

Applied to Beneficial Use: (i) June 15, 2020; (ii) December 31, 1996. f. Amounts Claimed: 15 gpm,

absolute for each well. g. Uses: Ordinary household use inside one single family residence and fire

protection. h. Names and Addresses of Owners of Land on which the Wells are Located: MR Group of

CO, Inc. CLAIM 2: APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION

INCLUDING SUBSTITUTION 3. General Statement of Plan for Augmentation. Applicant MR Group

is developer of the planned Romanov Subdivision, consisting of approximately 70 acres lying in SE1/4,

Section 26, Township 4 South, Range 71 West of the 6th P.M., Jefferson County, Colorado (“Romanov

Subdivision”), as shown on Exhibit A. The Romanov Subdivision is located in Swede Gulch, tributary to

Bear Creek, and is designed for five lots, each with a single-family residence. The water supply for the

Romanov Subdivision will be provided using a total of five wells, one located on each of the five lots

(collectively, the “Subject Wells”). The augmentation plan set forth herein will replace any out of priority

depletions associated with Subject Wells in the manner described herein. 4. Names of Structures to be

Augmented: The Subject Wells are five wells located, or to be located, within the Romanov

Subdivision. Two of the five wells have existing permits, described above: (i) the Romanov Well,

Permit No. 313669; and (ii) the Romanova Well, Permit No. 313670. 5. Water Rights to be used for

Augmentation Purposes: a. MR Group has contracted with North Fork Associates, LLC to purchase five

(5.0) shares of Mountain Mutual Reservoir Company (“MMRC”) stock, which represents a firm annual

yield of 0.157 of an acre-foot to satisfy the present and anticipated future replacement needs (See Exhibit

B). These 5.0 shares are a portion of the 7.45 shares that are being removed, pursuant to pending Case No.

2020CW3072, from an augmentation plan originally decreed in Case No. 96CW103 for the Red Rocks

Estates subdivision. MR Group’s right to use the five shares is contingent on the successful removal of the

shares from Red Rocks Estates’ augmentation plan pursuant to Case No. 2020CW3072. b. The water rights

associated with MR Group’s five MMRC shares are described as follows: i. Harriman Ditch: 7.71 shares

of the 400 shares of capital stock (1.93%), issued and outstanding in the Harriman Ditch Company. The

21

Harriman Ditch Company owns the following direct flow water rights decreed in Civil Action No. 6832,

on February 4, 1884.

Appropriation

Date Priority Number Source Amount

MMRC

Entitlement

April 15, 1868 21 Turkey Creek 10.75 cfs 0.2072 cfs

March 16, 1869 23 Bear Creek 7.94 cfs 0.1530 cfs

May 1, 1871 25 Bear Creek 25.54 cfs 0.4923 cfs

March 1, 1882 30 Bear Creek 12.87 fs 0.2481

The Bear Creek headgate of the Harriman Ditch is located on the South bank of Bear Creek in the NE1/4

NE1/4, Section 2, Township 5 South, Range 70 West of the 6th P.M., Jefferson County, Colorado. The

Turkey Creek headgate of the Harriman Ditch is located on the South bank of Turkey Creek near the

southwest corner of Section 6, Township 5 South, Range 69 West, 6th P.M., Jefferson County. The

Harriman Ditch was originally decreed for irrigation, domestic and municipal purposes. ii. Warrior Ditch:

2.0 shares of the 160 shares of capital stock (1.25%), issued and outstanding in the Warrior Ditch Company.

The Warrior Ditch Company owns the following direct flow water rights decreed in Civil Action No. 6832

on February 4, 1884:

Appropriation

Date Priority Number Source Amount

MMRC

Entitlement

Dec. 1, 1861 4 Bear Creek 12.33 cfs 0.1541 cfs

April 16, 1862 8 Turkey Creek 2.86 cfs 0.0358 cfs

Oct. 31, 1864 14 Bear Creek 25.47 cfs 0.3184 cfs

April 1, 1865 16 Bear Creek 11.49 fs 0.1436

The headgates of the Warrior Ditch are the same as those of the Harriman Ditch. The Warrior Ditch was

originally decreed for irrigation purposes. iii. Soda Lakes Reservoir Nos. 1 and 2. 8.71 shares of the 400

shares of capital stock (2.18%), issued and outstanding in the Soda Lakes Reservoir and Mineral Water

Company. The Soda Lakes Reservoir and Mineral Water Company owns the following storage water rights

decreed in Civil Action No. 91471 on September 24, 1935, to the Soda Lake Reservoir Nos. 1 and 2: 1,794

acre-feet for irrigation purposes, and 598 acre-feet for storage for supplying the City of Denver with water

for municipal purposes, including the watering of lawns and gardens. Date of appropriation: February 11,

1893, and a refill right decreed in Case No. 00CW228, District Court, Water Division 1. The Soda Lakes

Reservoirs are located in Section 1, Township 5 South, Range 70 West, 6th P.M., Jefferson County. The

reservoirs are filled through the Harriman Ditch. iv. Meadowview Reservoir. The structure is located in

the NE1/4 SW1/4 and the NW1/4 SE1/4 of Section 26, Township 5 South, Range 71 West of the 6th P.M.,

Jefferson County, Colorado. Meadowview Reservoir was awarded absolute water rights in Case No.

09CW92 (01CW294), in the amount of 20 acre-feet, and in Case No. 16CW3022 (94CW290), in an amount

of 30 acre-feet, for augmentation, replacement, exchange and substitution purposes. The source is North

Turkey Creek and water tributary to North Turkey Creek. Harriman Ditch and Warrior Ditch direct flow

water and water available to MMRC in the Soda Lakes Reservoirs are also stored in Meadowview Reservoir

by exchange pursuant to the appropriative rights of substitution and exchange decreed in Case Nos.

94CW290, 00CW060, and 01CW293. v. Firm Yield of Consumptive Use Water: The firm yield of the

portfolio of water rights and storage facilities owned by MMRC has been decreed by the water court in

Case Nos. 94CW290 and 01CW293 to be 62.8 acre-feet per year. Of this amount, 23.8 acre-feet of

consumptive use water is available for augmentation plans in the Turkey Creek drainage basin and 39 acre-

feet of consumptive use water is available for augmentation plans in the Bear Creek drainage basin. The

total firm yield is represented by 2,000 shares of stock in MMRC. See Exhibit B. The terms and conditions

under which the Bear Creek/Turkey Creek water rights are used for augmentation and replacement purposes

22

are set forth in Case Nos. 94CW290 and 01CW293, and are deemed to be res judicata in future proceedings

involving such rights, pursuant to Williams v. Midway Ranches, 938 P.2d 515 (Colo. 1997). Additionally,

the consumptive use cannot be reconsidered or requantified pursuant to C.R.S. § 37-92-305(3)(e). 6.

Statement of Plan for Augmentation: Each of the Subject Wells is intended to serve in-house domestic uses

for one single family residence. a. The water requirements are for five single-family dwellings with 10%

consumption based on subsurface discharge from individual non-evaporative septic tank-soil absorption

systems. The total requirements are shown on table below.

Replacement Requirements

Use Water

Requirements

Units Quantity

AF

CU

Rate

Total

Ac-Ft

Summer

Ac-Ft

Winter

Ac-Ft

Single-family 3.5 cap 80

gl/cap/dy

5 1.570 10% 0.157 0.079 0.078

The monthly depletions are as follows in acre-feet:

Nov Dec Jan Feb Mar Apr May Jun July Aug Sep Oct

0.013 0.013 0.013 0.013 0.013 0.013 0.013 0.013 0.013 0.013 0.013 0.013

This equates to a maximum stream depletion of 0.10 of a gallon per minute. a. Whenever possible,

depletions to the stream system which occur during the period May through September 31, inclusive,

will be continuously augmented by MMRC forgoing the diversion of a portion of its Harriman and/or

Warrior direct flow water rights described above. During times when the direct flow water rights are

not in priority and during the non-irrigation season, depletions will be augmented by releasing water

from Soda Lakes Nos. 1 and 2 Reservoir or Meadowview Reservoir. b. Due to the small volume of

annual stream depletions projected to occur under this plan, instantaneous stream depletions may be

aggregated and replaced by one or more releases of short duration. Transportation charges from the

point where water is released from MMRC's facilities to the stream system, to the point of depletion

from the Subject Wells, will be computed on the basis of 0.13 percent per mile. 7. Substitution Reach.

Since the point of depletion associated with the Subject Wells is upstream of the point of delivery of

augmentation water from the confluence of Bear Creek and Turkey Creek, Applicant asserts a right of

substitution and exchange pursuant to C.R.S. Sections 37-80-120 and 37-92-302(1)(a). From the

confluence of Bear Creek and Turkey Creek in the NE1/4 NW1/4, Section 5, Township 5 South, Range 69

West up Bear Creek to the confluence of Swede Gulch in the W1/2, Section 36, Township 4 South, Range

71 West, thence up Swede Gulch to the point of depletion in the SE1/4, Section 26, Township 4 South,

Range 71 West, all in the 6th P.M. In the event that there is an intervening senior water right that precludes

the exchange, the Applicant can either have replacement water delivered by truck to the point of depletions

or have an on-site container from which replacement water may be released. The substitution will operate

to replace depletions to the flow of water in the stream system as the depletions occur. The substitution

will be administered to permit downstream replacement with a priority date of June 29, 2020, at a maximum

flow rate of 0.001 cfs. 8. Names and Addresses of Owners of Land on which New Structure will be Located:

Applicant MR Group of CO, Inc. WHEREFORE, the Applicants request the entry of a decree approving

this Application, specifically (1) granting the appropriations sought in this Application, (2) authorizing use

of the augmentation supplies described in this Application, (3) determining that the source and location of

delivery of augmentation water are sufficient to prevent material injury to vested water rights. The

Applicants also request a determination that the Subject Wells described herein can be operated for the

requested uses without curtailment so long as out-of-priority stream depletions are replaced as proposed

herein. The Applicants further request the entry of an Order directing the State Engineer to issue well

permits, or replacement well permits as may be required, for the Subject Wells for the uses described in

23

this Application and pursuant to the augmentation plan decreed pursuant to this Application. (10 pgs., 2

Exhibits).

20CW3084 (06CW079 and 12CW256) ELK CREEK PROPERTIES, LLC, c/o Ronald P. Lewis and

Norman S. Lewis, 26624 N. Turkey Creek Road, Evergreen, CO 80439; Email:

rlewis@rockymtnoptions.com; norm@hch20.com ; Telephone Number: (303) 810-1071. Please direct

all correspondence concerning this Application to: Aaron Ladd, Esq., Vranesh and Raisch, LLP, 5303 Spine

Road, Suite 202, Boulder, CO 80301; Email: asl@vrlaw.com; Telephone Number: (303) 443-6151.

APPLICATION FOR FINDINGS OF REASONABLE DILIGENCE IN JEFFERSON COUNTY. 2.

Name of structures: Elk Creek Properties Well Nos. 1 through 27 3. Prior decrees: a. Original decree:

Case No. 06CW079, District Court, Water Division 1, Colorado, dated November 22, 2006. b. Subsequent

diligence decree: Case No. 12CW256, District Court, Water Division 1, Colorado, dated June 17, 2014. 4.

Description of water rights: a. Legal description of the structures: The wells are generally described as

being located within the NE 1/4 of the SE 1/4 of Section 31, and the SW 1/4 of Section 32, Township 6

South, Range 71 West, 6th P.M., all in Jefferson County, Colorado, as described and shown in the map of

the wells’ locations attached as Exhibit A. b. Source: Groundwater tributary to Elk Creek, Shattuck Gulch,

and the North Fork of the South Platte River. c. Date of appropriation: March 24, 2006. d. Amount: 15

gallons per minute for each well, CONDITIONAL; provided, however, that water can be diverted at rates

up to 30 gallons per minute from four wells if production warrants. e. Uses: Domestic and ordinary

household purposes, irrigation, stock watering, commercial, industrial, and fire protection. 5. 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: a. During the subject diligence

period, Elk Creek sold its interest in Elk Creek Properties Well Nos. 28 through 70, together with a 61%

interest in the plan for augmentation and exchange decreed in Case No. 06CW079 (“06CW079 Decree”)

to Camp St. Malo Religious Retreat and Conference Center (“Camp St. Malo”), a Colorado non-profit

corporation. Camp St. Malo also purchased 244 of the acres referenced in the 06CW079 Decree. b. Elk

Creek retained ownership of Elk Creek Properties Well Nos. 1 through 27 (“Subject Water Rights”), and

39% of the augmentation plan and exchange rights decreed in Case No. 06CW079. c. Following the

Purchase and Sale described above, Elk Creek and Camp St. Malo entered into a joint operating agreement

to define the future joint operation of the 06CW079 Decree, including their respective interests in the Elk

Creek Properties Well Nos. 1 through 70 and the plan for augmentation. d. Elk Creek obtained a well permit

for, and drilled, Elk Creek Properties Well No. 1, Permit No. 82987-F. Elk Creek purchased a pump for

that well, which will be installed in the coming weeks. Elk Creek also extended electrical service to the

property and to the well. e. Elk Creek has also made significant progress to advance the development,

including but not limited to: (i) requesting and obtaining approval from Jefferson County to adjust parcel

boundaries following, and consistent with, rezoning of the property; and (ii) maintenance and improvements

for road access to and throughout the planned subdivision. f. Elk Creek also completed site plan

improvements for, and commenced operating, a campground located on the property, which campground

will be served by the Subject Water Rights. g. During the diligence period, Elk Creek has incurred legal,

engineering, consulting, and other improvement costs exceeding $100,000. h. The costs and activities

described in this paragraph 5 are not all inclusive, and Elk Creek reserves the right to provide evidence of

any other activities done, or expenditures made, toward completion of the appropriation and application of

water to beneficial use of the Subject Water Rights. i. Elk Creek has a continuing need for and non-

speculative intent to pursue the diversion and beneficial use of the Subject Water Rights up to the full

amount of their appropriations. 6. Name and addresses of owners or reputed owners of the land upon which

any new diversion or storage structure, or modification to any existing diversion or storage structure is or

will be constructed or upon which water is or will be stored, including any modification to the existing

storage pool. Applicant. WHEREFORE, Elk Creek requests the Court to enter a decree granting the claims

set forth herein; to wit, (a) finding that Elk Creek has exercised reasonable diligence and granting findings

of reasonable diligence for the Subject Water Rights; and (b) continuing the Subject Water Rights for

another six years or until made absolute by the completion of the appropriations. (6 pgs., 1 Exhibit).

24

20CW3085 Sandra Shane, PO Box 1952, Elizabeth, Colorado 80107. APPLICATION FOR

ABSOLUTE UNDERGROUND WATER RIGHT FOR AN EXEMPT WELL PURSUANT TO

C.R.S. § 37-92-602(4) IN ELBERT COUNTY. Please send all pleadings and correspondence to: Sheela

S. Stack, Esq., Stacy L. Brownhill, Esq., NAZARENUS STACK & WOMBACHER LLC, 8301 E. Prentice

Avenue, Suite 110, Greenwood Village, Colorado 80111. Telephone: (720) 647-5661. 2. Description of

Well. Shane Well, Well Permit No. 166293, located in the SW1/4 of the NE1/4 of Section 24, Township

7 South, Range 65 West of the 6th P.M., Elbert County, Colorado, Easting 533255; Northing 4364416MN.

Country Lane Farm Subdivision, Lot 8. 3. Date of Appropriation. May 26, 1992. A. How appropriation

was initiated. By filing the well permit application with the State Engineer’s Office. B. Date water applied

to beneficial use. November 11, 1993. 4. A. Source of water. Not-nontributary groundwater from

the Upper Dawson Aquifer. Depth of well, if completed. 380 feet. 5. Amount. 15 gallons per minute,

absolute. 6. Uses. Ordinary household purposes inside one single family dwelling, dire protection, the

watering of poultry, domestic animals, and livestock, and the irrigation of not over one acre of home gardens

and lawns. 7. Name and Address of the Owner of the Structure. Applicant is the owner of Well Permit

No. 166293. (3 pages)

**Water Division 1 will publish resume**

20CW3086 (Water Div 2 case no. 20CW 3031) Karen E. Workman Living Trust, 499 W. Triboulet

Ln., Queen Creek, AZ 85143. Application for Adjudication of Denver Basin Groundwater and Plan

for Augmentation in DOUGLAS COUNTY I. Name and Address of Applicant: Karen E. Workman

Living Trust, 499 W. Triboulet Ln., Queen Creek, AZ 85143. Name and Address of Attorneys: David M.

Shohet, #36675, Emilie B. Polley, #51296, MONSON, CUMMINS & SHOHET, LLC 13511 Northgate

Estates Dr., Ste. 250, Colorado Springs, Colorado 80921, (719) 471-1212, E-mail:

dms@cowaterlaw.com; ebp@cowaterlaw.com. II. Summary of Application. Karen E. Workman Living

Trust (“Applicant”) seeks to quantify the Denver Basin groundwater underlying its approximately 10.6-

acre property in Douglas County, Colorado. III. Application for Underground Water Rights. A. Legal

Description of Wells. 1.Property Description. The Applicant’s approximately 10.6-acre property

(“Applicant’s Property”) is located in Section 34, Township 10 South, Range 66 West of the 6th P.M. in

Douglas County, Colorado, more specifically described as Lot 32 (previously Tract A) El Dorado Acres,

and depicted on the Exhibit A map. 2. Proposed Well. Applicant proposes that one well will be located

on the Applicant’s Property approximately located at UTM Easting 521007.1662 and Northing

4331876.149, 272.4 feet from the East section line, and 2,204.5 feet from the South section line, to be

constructed to the Dawson aquifer. B. Water Source. 1. Not-Nontributary. The ground water to be

withdrawn from the Dawson, aquifer underlying the Applicant’s Property is not-nontributary. Pursuant to

C.R.S. §37-90-137(9)(c.5), the augmentation requirements for wells in the Dawson aquifer will require the

replacement of actual stream depletions. 2. Nontributary. The groundwater that will be withdrawn from

the Denver, Arapahoe, and Laramie-Fox Hills aquifers underlying the Applicant’s Property is nontributary.

C. Estimated Rates of Withdrawal and Ground Water Available. 1. Estimated Rates of Withdrawal.

Pumping from the well will not exceed 100 g.p.m. The actual pumping rates for each well will vary

according to aquifer conditions and well production capabilities. The Applicant requests the right to

withdraw ground water at rates of flow necessary to withdraw the entire decreed amounts. The actual depth

of any well to be constructed within the respective aquifers will be determined by topography and actual

aquifer conditions. 2. Estimated Average Annual Amounts of Ground Water Available. Applicant requests

a vested right for the withdrawal of all legally available ground water in the Denver Basin aquifers

underlying the Applicant’s Property. Said amounts may be withdrawn over the 100-year aquifer life

pursuant to C.R.S. §37-90-137(4). Applicant estimates that the following values and average annual

amounts are representative of the Denver Basin aquifers underlying Applicant’s Property:

Groundwater Quantification

25

Decreed amounts may vary based upon the State’s Determination of Facts. Pursuant to C.R.S. §37-92-

305(11), the Applicant further requests that the Court retain jurisdiction to finally determine the amount of

water available for appropriation and withdrawal from each aquifer. D. Requested Uses. The Applicant

requests the right to use the ground water for beneficial uses upon the Applicant’s Property consisting of

domestic, irrigation, stock water, recreation, wildlife, fire protection, and also for storage and augmentation

purposes associated with such uses. The Applicant also requests that the nontributary water may be used,

reused, and successively used to extinction, both on and off the Applicant’s Property subject, however, to

the requirement of C.R.S. §37-90-137(9)(b), that no more than 98% of the amount withdrawn annually

shall be consumed. Applicant may use such water by immediate application or by storage and subsequent

application to the beneficial uses and purposes stated herein. Provided, however, Applicant shall only be

entitled to use water from the not-nontributary Dawson aquifer pursuant to a decreed augmentation plan

entered by this Court, covering the out-of-priority stream depletions caused by the use of such not-

nontributary aquifer in accordance with C.R.S. §37-90-137(9)(c.5). E. Well Fields. Applicant requests that

they be permitted to produce the full legal entitlement from the Denver Basin aquifers underlying

Applicant’s Property through any combination of wells. Applicant requests that these wells be treated as a

well field. F. Averaging of Withdrawals. Applicant requests that they be entitled to withdraw an amount

of ground water in excess of the average annual amount decreed to the aquifers beneath the Applicant’s

Property, so long as the sum of the total withdrawals from all the wells in the aquifers does not exceed the

product of the number of years since the date of issuance of the original well permit or the date of entry of

a decree herein, whichever comes first, multiplied by the average annual volume of water which the

Applicant is entitled to withdraw from the aquifers underlying the Applicant’s Property. G. Owner of Land

Upon Which Wells are to Be Located. The land and underlying groundwater upon which the wells are

located is owned by the Applicant. IV. Application for Approval of Plan for Augmentation. A. Structures

to be Augmented. The structure to be augmented is the Workman Well No. 1 to be constructed to the not-

nontributary Dawson aquifer underlying the Applicant’s Property, along with any replacement or additional

wells associated therewith. B. Water Rights to be Used for Augmentation. The water rights to be used for

augmentation during pumping are the return flows resulting from the pumping of the not-nontributary

Dawson aquifer from Workman Well No. 1, together with water rights from the nontributary Laramie-Fox

Hills aquifer for any injurious post pumping depletions. C. Statement of Plan for Augmentation. Applicant

wishes to provide for the augmentation of stream depletions caused by pumping of the not-nontributary

Dawson aquifer by one well herein. Water use criteria and their consumptive use component for

replacement of actual depletions for the lots are estimated as follows:1. Use. Workman Well No. 1, will

pump a maximum total of 2.0 acre feet of water from the Dawson aquifer annually. Such use shall be a

combination of household use, irrigation of lawn and garden, and the watering of horses or equivalent

livestock. An example breakdown of this combination of use is household use at 0.25 acre feet, plus outdoor

use including the watering of up to 7 horses or equivalent livestock with a water use of 0.25 acre feet per

year; and irrigation of lawn and garden of 1.50 acre feet per year. 2. Depletions. It is estimated that

maximum stream depletions over the 100 year pumping period for the Dawson aquifer amounts to

NE1/4 SE1/4 Sec 34 T10S R66W 6th

P.M.

Denver

Basin Aquifer

Net

Sand Total 100

Year

(AF) (ft) (AF)

Upper Dawson (NNT) 389.5 779.0 7.79

Denver (NNT) 511.9 870.23 8.7

Upper Arapahoe

(NTN) 278.7 473.79 4.74

Laramie Fox Hills

(NT) 218.0 327.0 3.27

26

approximately 10.67% percent of pumping. Maximum annual depletions for total residential pumping from

all wells are therefore 0.213 acre feet, in year 100. Should Applicant’s pumping be less than the 2.0 acre

feet described herein, resulting depletions will be correspondingly reduced. 3. Augmentation of Depletions

During Pumping. Pursuant to C.R.S. §37-90-137(9)(c.5), Applicant is required to replace actual stream

depletions attributable to pumping of augmented wells to the Dawson aquifer. Depletions during pumping

will be effectively replaced by residential return flows from non-evaporative septic systems, and depletions

from irrigation will be adequately replaced by irrigation return flows. The annual consumptive use for non-

evaporative septic systems is 10% per year per residence. At a household use rate of 0.25 acre feet per

residence per year, 0.225 acre-feet is replaced to the stream system per year, assuming the use of a non-

evaporative septic systems. Thus, during pumping, stream depletions will be adequately augmented. 4.

Augmentation for Post Pumping Depletions. For the replacement of any injurious post-pumping depletions

which may be associated with the use of the Workman Well No. 1, Applicant will reserve water from the

nontributary Laramie-Fox Hills aquifer, less the amount of actual stream depletions replaced during the

plan pumping period. Applicants also reserve the right to substitute other legally available augmentation

sources for such post pumping depletions upon further approval of the Court under its retained jurisdiction.

Even though this reservation is made, under the Court’s retained jurisdiction, Applicants reserve the right

in the future to prove that post pumping depletions will be noninjurious. The reserved nontributary

Laramie-Fox Hills groundwater will be used to replace any injurious post-pumping depletions. Upon entry

of a decree in this case, the Applicants will be entitled to apply for and receive a new well permit for the

Workman Well No. 1, for the uses in accordance with this Application and otherwise in compliance with

C.R.S. §37-90-137. V. Remarks. A. This Application was filed in both Water Divisions 1 and 2 because

depletions from the pumping of the Dawson aquifer may occur in both the South Platte and the Arkansas

River systems. The return flows set forth herein will accrue to tributaries of the South Platte River system

where the majority of such depletions will occur, and it is Applicant’s intent to consolidate the instant matter

in Water Division 1 upon completion of publication. Applicant requests that the total amount of depletions

to both the South Platte River and the Arkansas River systems be replaced to the South Platte River as set

forth herein, and for a finding that those replacements are sufficient. B. Applicant requests a finding that

they have complied with C.R.S. §37-90-137(4), and that the ground water requested herein is legally

available for withdrawal by the requested not-nontributary wells upon the entry of a decree approving an

augmentation plan pursuant to C.R.S. §37-90-137(9)(c.5). C. The term of this augmentation plan is for 100

years, however the length of the plan for a particular well may be extended beyond such time provided the

total plan pumping allocated thereto is not exceeded. Post pumping stream depletions accrue to a particular

well only to the extent related to that well’s actual pumping. D. The Court will retain jurisdiction over this

matter to provide for the adjustment of the annual amount of ground water withdrawals to be allowed in

order to conform to actual local aquifer characteristics from adequate information obtained from well

drilling or test holes. E. The Applicant requests a finding that vested water rights of others will not be

materially injured by the withdrawals of ground water and the proposed plan for augmentation. F. The wells

shall be installed and metered as reasonably required by the State Engineer. Each well must be equipped

with a totalizing flow meter and Applicant shall submit diversion records to the Division Engineer on an

annual basis or as otherwise requested by the Division Engineer. The Applicant shall also provide

accountings to the Division Engineer and Water Commissioner as required by them to demonstrate

compliance under this plan of augmentation. G. The Applicant intends to waive the 600 feet well spacing

requirement for any wells to be located upon the Applicant’s Property. H. Applicant will comply with any

lienholder notice provisions set forth in C.R.S. §37-92-302(2)(b) and §37-90-137(4)(b.5)(I), and such

notice will be sent within 14 days of the filing of this application.

20CW3087 1. Co-Applicants: 1.1 City of Thornton, Infrastructure Department, Division of Water

Resources, 12450 N. Washington St., Thornton, CO 80241, 720-977-6600. Joanne Herlihy, Esq., City

of Thornton, 9500 Civic Center Dr., Thornton, CO 80229, (303) 538-7210; 1.2 City of Westminster,

4800 W. 92nd Ave., Westminster, CO 80031, (303) 430-2400. Lee H. Johnson, Esq., Mason H. Brown,

Esq., Katrina B. Fiscella, Esq., Carlson, Hammond & Paddock, LLC, 1900 Grant St., Suite 1200,

27

Denver, CO 80203, (303) 861-9000; 1.3 City of Northglenn,11701 Community Center Dr.,

Northglenn, CO 80233, (303) 451-8236. Donald E. Frick, Esq., Fischer, Brown, Bartlett & Gunn, P.C.,

1319 E. Prospect Rd., Fort Collins, CO 80525, (970) 407-9000; 1.4 Coors Brewing Company, c/o

Molson Coors Beverage Company, Attn: Water Resources, P.O. Box 4030, Golden, CO 80401, 303-

927-3680. Stephen H. Leonhardt, Esq., Joshua P. Odén, Esq., Burns Figa & Will, P.C., 6400 S.

Fiddlers Green Cir., Suite 1000, Greenwood Village, CO 80111, 303-796-2626; 1.5 The Farmers

Reservoir and Irrigation Company, 80 S. 27th Ave., Brighton, CO 80601, (303) 659-7373. Joseph B.

Dischinger, Esq., Beth Ann J. Parsons, Esq., Dean C. Hirt, III, Esq., Fairfield and Woods, P.C., 1801

California St., Suite 2600, Denver, CO 80202, 303-830-2400. VERIFIED APPLICATION FOR

SEXENNIAL FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE

CONDITIONAL WATER RIGHTS IN ADAMS and JEFFERSON COUNTIES. 2. Name of

Structures: Lower Clear Creek Ditch (a.k.a. the Clear Creek and Platte River Ditch), West Gravel Lakes,

Brannan Lakes, Croke Canal, Standley Lake, Farmers’ High Line Canal, Kershaw Ditch, Jim Baker

Reservoir (f.k.a. Happe Ponds), Sheets Lake, Agricultural Ditch, Wannamaker Ditch, Rocky Mountain

Ditch, and Coors Industries Ditch Alternate Point of Diversion No. 3. The named structures are utilized in

the exercise of one or more of the four decreed appropriative rights of exchange: West Gravel – Standley

Lakes Exchange; Jim Baker Reservoir – Sheets Lake – Standley Lake Exchange; Brannan – Standley Lakes

Exchange; and Coors Guarantee Exchange. 3. Description of conditional water rights: There are four

appropriative rights of exchange more specifically described as follows: 3.1 Date of Original Decree: July

20, 1990. Case No. 88CW268, District Court, Water Division 1. 3.2 Subsequent decrees awarding findings

of diligence: Since the Decree was entered July 20, 1990, timely applications for findings of reasonable

diligence have been filed in accordance with Colorado law. A final decree was entered in Case No.

96CW156 (March 11, 1998). The Decree entered in 96CW156 made portions of the originally decreed

conditional exchange rights absolute. A final decree was entered in Case No. 04CW78 (March 28, 2007).

The Decree entered in 04CW78 made additional portions of the originally decreed conditional exchange

rights absolute. The Decree entered in 13CW3016 made additional portions of the originally decreed

conditional West Gravel – Standley Lakes Exchange and Coors Guarantee Exchange absolute as well as an

additional portion of the cumulative amount of the Subject Water Exchange Rights. A final decree was

entered in Case No. 13CW3016 (June 16, 2014). 3.3 Appropriation Date: Common appropriation dates of

August 26, 1985. 3.4 Source of Water: Clear Creek, a tributary of the South Platte River. 3.5 Use: All uses

for which the water rights are decreed. The four water exchange rights are individually described as follows:

3.6 West Gravel – Standley Lakes Exchange. Water stored in West Gravel Lakes, located in Sections 25 and

26, Township 2 South, Range 68 West of the 6th P.M., in Adams County, Colorado, during the Croke Season

by virtue of the Standley Lake first alternate place of storage decreed in Case No. 88CW268 is released by

pumped withdrawal or book-over to effect diversions by exchange as follows: 3.6.1 Exchange Points of

Diversion. 3.6.1.1. The headgate of the Croke Canal, located on the north bank of Clear Creek in the NW/4 of

the NE/4 of Section 26, Township 3 South, Range 70 West of the 6th P.M., in Jefferson County, Colorado,

for delivery to Standley Lake; or 3.6.1.2. The headgate of the Farmers’ High Line Canal (“Farmers’ High

Line Headgate”), located on the north bank of Clear Creek in the NE/4 of the SW/4 of Section 27, Township

3 South, Range 70 West of the 6th P.M., in Jefferson County, Colorado, for delivery to Standley Lake; or

3.6.1.3. The headgate of the Kershaw Ditch, located on the north bank of Clear Creek in the NE/4 of the NW/4

of Section 18, Township 3 South, Range 68 West of the 6th P.M., in Jefferson County, Colorado, for delivery

to Jim Baker Reservoir, Sheets Lake or into the Westminster water supply system. 3.6.2. Location of Points

of Release of Substitute Supplies. 3.6.2.1. The South Platte River at the point of discharge from the West

Gravel Lakes located near the center of the W/2 of the NW/4 of Section 30, Township 2 South, Range 67

West, of the 6th P.M., in Adams County, Colorado, a.k.a. the point of confluence of Hoffman Gulch and the

South Platte River; or 3.6.2.2. The Lower Clear Creek Ditch (“LCCD”), the point of diversion of which is

located on the north bank of Clear Creek at a point 1,400 feet west and 1,200 feet north of the SE corner of

Section 4, Township 3 South, Range 68 West, of the 6th P.M., in Adams County, Colorado, through either of

two methods: 3.6.2.2.1. Subject to the provisions of the decree in Case No. 81CW448, water in West Gravel

Lakes may be removed from an account not exclusively owned by Thornton and placed in Thornton’s account

28

in place of Clear Creek water that would otherwise be diverted by exercise of Thornton’s shares in the LCCD

(book-over exchange); or 3.6.2.2.2. Water in West Gravel Lakes may be removed from an account not

exclusively owned by Thornton and pumped to the LCCD at a point located in the N/2 of Section 25,

Township 2 South, Range 68 West, of the 6th P.M., in Adams County, Colorado, in place of Clear Creek water

that would otherwise be diverted by exercise of shares owned by LCCD shareholders other than Thornton

(ditch exchange). 3.6.2.2.3. Either method may satisfy a portion of the demand of the LCCD and in turn will

cause a reduction in its diversions from Clear Creek. An equal amount of water may then be diverted by

exchange at the exchange diversion points. The intra-ditch exchange in the LCCD involving shares not owned

by Co-Applicants shall not operate to burden or otherwise limit future changes in use of water rights of such

shares. Nothing under this Application shall require the LCCD or its shareholders who are not Co-Applicants

to take delivery, or call for delivery of their water entitlements below the exchange point of discharge to the

LCCD. The need for water and the beneficial use of water by the LCCD stockholders below the discharge

point shall be exclusively determined by the LCCD and its stockholders served thereby. 3.6.3. Amount. 3,980

af maximum per year at a maximum rate of flow of 99.5 cfs (50 cfs to the South Platte River and 49.5 cfs to

the Lower Clear Creek Ditch). 3.6.3.1. 2,078 af ABSOLUTE, 1,902 af CONDITIONAL 3.6.3.2. 25 cfs to the

South Platte River ABSOLUTE, 25 cfs to the South Platte River CONDITIONAL 3.6.3.3. 32 cfs to the LCCD

ABSOLUTE, 17.5 cfs to the LCCD CONDITIONAL 3.7. Jim Baker Reservoir – Sheets Lake – Standley Lake

Exchange. Water stored in Jim Baker Reservoir during the Croke Season by virtue of the Standley Lake

second alternate place of storage decreed in Case No. 88CW268 or in Sheets Lake by virtue of the Standley

Lake third alternate place of storage decreed in Case No. 88CW268, is released to Clear Creek to effect

diversions by exchange as follows: 3.7.1. Exchange Points of Diversion. 3.7.1.1. The Croke Canal Headgate,

located as described in paragraph 3.6.1.1 above, for delivery to Standley Lake; or 3.7.1.2. The Farmers’ High

Line Headgate, located as described in paragraph 3.6.1.2 above, for delivery to Standley Lake. 3.7.2. Location

of Points of Release of Substitute Supplies. 3.7.2.1. Little Dry Creek, at the point of discharge from Jim Baker

Reservoir located in the S/2 of the NE/4 and the N/2 of the SE/4 of Section 7, Township 3 South, Range 68

West, of the 6th P.M., in Adams County, Colorado, as well as at the point of confluence of Little Dry Creek

and Clear Creek in Section 9, Township 3 South, Range 68 West, of the 6th P.M., in Adams County, Colorado,

approximately 945 feet south of the north section line and 1,105 feet east of the west section line of said

section; or 3.7.2.2. Clear Creek, at the point of discharge from Sheets Lake, located in the fractional parts of

the NW/4 of the NW/4 of the NE/4 of Section 18, Township 3 South, Range 68 West, of the 6th P.M., in

Adams County, Colorado, to Clear Creek at a point on the north bank in the NE/4 of the SW/4 of Section 8,

Township 3 South, Range 68 West, of the 6th P.M., in Adams County, Colorado, approximately 1,970 feet

east of the west section line and 2,285 feet north of the south section line of said section. 3.7.3. Amount. 834

af maximum per year at a maximum rate of flow of 25 cfs, CONDITIONAL. 3.8. Brannan – Standley Lakes

Exchange. Water stored in Brannan Lakes during the Croke Season by virtue of the Standley Lake fourth

alternate place of storage decreed in Case No. 88CW268 is released by pumped withdrawal to effect

diversions by exchange as follows: 3.8.1. Exchange Points of Diversion. 3.8.1.1. The Croke Canal Headgate,

located as described in paragraph 3.6.1.1 above, for delivery to Standley Lake; or 3.8.1.2. The Farmers’ High

Line Headgate, located as described in paragraph 3.6.1.2 above, for delivery to Standley Lake. 3.8.2. Location

of Points of Release of Substitute Supplies. 3.8.2.1. The South Platte River at the points described in paragraph

3.6.2.1 above; or 3.8.2.2. Clear Creek at a point on the north bank of Clear Creek in the NE/4 of Section 2,

Township 3 South, Range 68 West, of the 6th P.M., in Adams County, Colorado, approximately one-mile

upstream from the point of confluence of Clear Creek and the South Platte River; or 3.8.2.3. The LCCD, the

point of diversion for which is described in paragraph 3.6.2.2 above, by pumping water in Brannan Lakes into

the LCCD at a point located in the NW/4 of Section 35, Township 2 South, Range 68 West, of the 6th P.M.,

in Adams County, Colorado, in place of Clear Creek water that would otherwise be diverted by exercise of

shares owned by LCCD shareholders other than Thornton (ditch exchange). 3.8.3. Amount. 1,500 af

maximum per year at a maximum rate of flow of 74.5 cfs (49.5 cfs to the LCCD and 25 cfs to Clear Creek

and/or the South Platte River). 3.8.3.1. 447 af ABSOLUTE, 1,053 af CONDITIONAL 3.8.3.2. 25 cfs to the

South Platte River CONDITIONAL, 18 cfs to the LCCD ABSOLUTE, 31.5 cfs to the LCCD

CONDITIONAL. 3.9. Coors Guarantee Exchange. Water stored to Coors' account in West Gravel Lakes,

29

located as described in paragraph 3.6 above, during the Croke Season in accordance with decrees issued in

Case Nos. 88CW271 and 88CW272, Water Division 1, is released by pumped withdrawal or book-over to

effect diversions by exchange as follows: 3.9.1. Exchange Points of Diversion. 3.9.1.1. The Agricultural Ditch,

the point of diversion for which is located on the south bank of Clear Creek in the SW/4 of Section 27,

Township 3 South, Range 70 West, of the 6th P.M., in Jefferson County, Colorado; or 3.9.1.2. The Farmers’

High Line Headgate, located as described in paragraph 3.6.1.2 above; or 3.9.1.3. The Wannamaker Ditch, the

point of diversion for which is located on the north bank of Clear Creek in the NE/4 of Section 27, Township

3 South, Range 70 West, of the 6th P.M., in Jefferson County, Colorado whence the NE corner of said Section

27, bears North 38°17’17.5” East, 2,099.64 feet distant; or 3.9.1.4. The Rocky Mountain Ditch, the point of

diversion for which is located on the south bank of Clear Creek, which is on the south side of the Croke Canal

diversion dam in the NE/4 of the NE/4 of the NW/4 of Section 26, Township 3 South, Range 70 West, of the

6th P.M., in Jefferson County, Colorado, and which point bears South 18°12’25” West, a distance of 401.11

feet from the N/4 corner of said Section 26; or 3.9.1.5. Coors Industries Ditch Alternate Point of Diversion

#3, the point of diversion for which is located on the south bank of Clear Creek in the SE/4 of Section 24,

Township 3 South, Range 70 West, of the 6th P.M., in Jefferson County, Colorado whence the S/4 corner of

said Section 24 bears South 47°51’47” West, a distance of 1,375.04 feet. 3.9.2. Location of Points of Release

of Substitute Supplies. 3.9.2.1. The South Platte River at the point of discharge from the West Gravel Lakes

located as described in 3.5.2.1 above; or 3.9.2.2. The LCCD, the point of diversion of which is located as

described in paragraph 3.6.2.2 above, through either of two methods: 3.9.2.2.1. Subject to the provisions of

the decree in Case No. 81CW448, Water Division 1, Coors Guarantee water stored in West Gravel Lakes may

be removed from an account not exclusively owned by Thornton and placed in Thornton’s account in place

of Clear Creek water that would otherwise be diverted by exercise of Thornton’s shares in the LCCD (book-

over exchange); or 3.9.2.2.2. Coors Guarantee water stored in West Gravel Lakes may be removed from an

account not exclusively owned by Thornton and pumped for release to the LCCD at a point located as

described in paragraph 3.6.2.2.2 above, in place of Clear Creek water that would otherwise be diverted by

exercise of shares owned by LCCD shareholders other than Thornton (ditch exchange). 3.9.2.2.3. Either

method may satisfy a portion of the demand of the LCCD and in turn will cause a reduction in its diversions

from Clear Creek. An equal amount of water may then be diverted by exchange at the exchange diversion

points. The intra-ditch exchange in the LCCD involving shares not owned by Co-Applicants shall not operate

to burden or otherwise limit future changes in use of water rights of such shares. Nothing under this

Application shall require the LCCD or its shareholders who are not Co-Applicants to take delivery, or call for

delivery of their water entitlements below the exchange point of discharge to the LCCD. The need for water

and the beneficial use of water by the LCCD stockholders below the discharge point shall be exclusively

determined by the LCCD and its stockholders served thereby. 3.9.3. Amount. 759 af maximum per year at a

maximum rate of flow of 99.5 cfs (49.5 cfs to the LCCD and 50 cfs to the South Platte River). 3.9.3.1. 303 af

ABSOLUTE, 456 af CONDITIONAL 3.9.3.2. 50 cfs to the South Platte River CONDITIONAL 3.9.3.3. 8 cfs

to the LCCD ABSOLUTE, 41.5 cfs to the LCCD CONDITIONAL 3.10. Cumulative Amount and Rate of

Exchange: The cumulative amount of water exchanged and the cumulative instantaneous rate of flow under

the appropriative rights of exchange described in paragraph 3 above shall not exceed the total annual amount

of 3,980 af (less transit and evaporation losses) or the total instantaneous rate of flow of 149.5 cfs, being the

sum of 50 cfs to the South Platte River from West Gravel Lakes, 25 cfs from Brannan Lakes to the South Platte

River or to Clear Creek, and 49.5 cfs from West gravel Lakes and Brannan Lakes to the Lower Clear Creek

Ditch, and 25 cfs from Jim Baker Reservoir to Clear Creek. 3.10.1 2,259 af ABSOLUTE, 1,721 af

CONDITIONAL 4. Detailed outline of what has been done toward completion, including expenditures: From April 1, 2013 through June 30, 2020, the Co-Applicants performed the following work and incurred

the following costs, all or in part, concerning the claimed absolute amounts and remaining conditional

portion of the subject water rights decreed in Case No. 88CW268 (“Subject Water Rights”), including

specific structures integral to the diversion and use of the Subject Water Rights, for related water rights

decreed in Case Nos. 81CW448, 88CW271, and 88CW272, and in the further development of the Co-

Applicants’ respective integrated water supply systems within which the Subject Water Rights have been

and will be placed to beneficial use. The work done and costs incurred set forth below are illustrative and

30

not exhaustive and the Co-Applicants’ reserve the right to present evidence of additional costs and activities

at trial.4.1.Thornton Integrated System Activities. During the relevant diligence period, Thornton has

continued in the development and improvement of its Clear Creek water supply system including many of

the structures used in the exercise of the Subject Water Rights, and the eventual treatment and use of the

water yielded by such rights. Costs incurred by Thornton totaled approximately $102 million, and include

the following: 4.1.1.Standley Lake Operating Committee (SLOC): As a member of SLOC, Thornton is

responsible for a third of operating and maintenance costs involving Standley Lake. These costs were

approximately $755,000. 4.1.2.Standley Lake: Thornton spent approximately $1.312M on repairs and

improvements at Standley Lake, including bypass lines replacement, Standley Lake Pipeline rehabilitation,

spillway repairs and pipeline facilities. 4.1.3. Ditch Company Carriage Fees and Maintenance Payments:

Thornton paid carriage fees and maintenance payments to ditch companies associated with the Subject

Water Rights including: Lower Clear Creek Ditch Company and Colorado Agricultural Ditch Company,

$125,000; and Farmers’ High Line Canal and Reservoir Company, $7,000. 4.1.4. West Gravel Lake Pump

Station: Thornton has spent approximately $126,000 on several critical electrical upgrades at the West

Gravel Lakes pump station. 4.1.5.Clear Creek Water Quality Monitoring Program: Thornton has spent

approximately $1.14 million on water quality monitoring of Clear Creek over the diligence period. 4.1.6.

Ditch Company Assessments: Thornton paid assessments according to its share ownership in various ditch

companies associated with the Subject Water Rights including: Lower Clear Creek Ditch Company

$407,000; Colorado Agricultural Ditch Company, $349,000; Farmers Reservoir and Irrigation Company –

Standley Lake Division, $95,000; and Farmers’ High Line Canal and Reservoir Company, $704,000. 4.1.7.

Wes Brown Water Treatment Plant (WBWTP) Projects: The Subject Water Rights can be treated at

WBWTP prior to being distributed to Thornton customers. During the diligence period, several projects

occurred at the WBWTP including membrane replacement, clarifier repairs, and process improvements. In

excess of $11.3 million was spent on these projects. 4.1.8. Thornton Water Treatment Plant (TWTP)

Projects: The Subject Water Rights can be treated at TWTP prior to being distributed to Thornton

customers. During the diligence period, Thornton spent approximately $85 million toward the construction

of the new Thornton Water Treatment Plant. 4.1.9.Water Court Opposition: Thornton has actively

participated in water court proceedings to protect the Subject Water Rights. Legal and engineering costs

incurred relating to the protection of Thornton’s Clear Creek and South Platte River rights, including the

Subject Water Rights, during the diligence period were over $667,000. 4.2. Westminster Integrated System

Activities. During the relevant diligence period, Westminster expended significant resources on the

following: 4.2.1. Continued the development of its Clear Creek Water Supply System. Activities have

included, among other things, acquisition of additional interests in water on Clear Creek and its tributaries

and the South Platte River, prosecuting Water Court applications and obtaining decrees incorporating

additional interests into the City’s Water Supply System, participation in numerous Water Court cases for

purposes of protecting, maintaining and developing Westminster’s Water Supply System, continuation of

a robust source water protection program including fire mitigation activities and ongoing water quality

studies of both the upstream watershed and canal zone, completion of upgrades to Westminster’s Big Dry

Creek Water Reclamation Facility, and negotiating and finalizing use agreements for bypass and

measurement structures on Clear Creek. Expenses associated with these activities have been incurred during

the diligence period. 4.2.2. During prior diligence periods Westminster constructed Jim Baker Reservoir

(f.k.a. Happe Ponds). During the current diligence period, Westminster has operated and maintained the

Reservoir. Activities include, but are not limited to, monitoring lake levels, operating, maintaining and

repairing inlet and outlet works, accounting and record keeping activities, and general reservoir

maintenance activities. Operation and maintenance of the reservoir is an integral component of the

conditional exchanges decreed in Case No. 88CW268. Operation and maintenance expenses have been

incurred during the diligence period, including, but not limited to City staff time, expenses and outside

consultant expenses. During the diligence period, Westminster has also paid funds in the form of ditch

assessments to the Manhart Ditch Company, the Kershaw Ditch Company, the Farmers’ High Line Canal

and Reservoir Company and FRICO. Said funds have been used, in part, to maintain the ditches necessary

for operation of the conditional exchanges. During the diligence period Westminster has diverted and

31

stored water in, and exchanged water from, Jim Baker Reservoir consistent with the decree entered in Case

No. 88CW268. 4.2.3. Westminster has incurred expenses during the diligence period associated with its

storage account at the West Gravel Lakes, including but not limited to expenses associated with the

operation and maintenance of its storage account and the Lower Clear Creek/Colorado Agricultural ditches

as well as pumping costs associated with the operation of the storage account. 4.3. Coors Integrated System

Activities. Coors owns and operates an integrated water system on Clear Creek. The Coors Guarantee

Exchange, conditionally decreed in 88CW268, and several structures used for operations of the Coors

Guarantee Exchange, are integral features in Coors’s integrated water system. During the relevant diligence

period, Coors has engaged in the following activities: 4.3.1.Coors has continuously operated its integrated

water system, including use of the structures and water rights associated with this Application and the Coors

Guarantee Exchange, to support its commercial operations. During this diligence period, Coors and its

affiliates, including Molson Coors Beverage Company, MillerCoors LLC, and Rocky Mountain Water

Company, have expended at least $1,900,000 for the development and maintenance of Coors’s unified

water supply system. Coors has continued in the planning, design, and exploration of the physical and

business problems associated with the construction and use of the diversion facilities and water rights

involved. 4.3.2.Specific activities and expenditures that Coors and its affiliated entities have undertaken, in

the continuing development of the unified water supply system, include engineering relating to Coors’s

water rights and water supply system; operation, maintenance, and improvements to ditch facilities

supporting Coors’s unified water system; activities related to the Jefferson Storage System (including water

storage, engineering studies, and a pending change case in Case No. 18CW3225); pump installation and

replacement, operation, maintenance, and repairs to Coors’s underground springs; expenditures related to

Coors’s participation in the South Platte Water Related Activities Program (SPWRAP); and other capital

projects in support of Coors’s unified water system. 4.3.3. Coors has also been engaged in the legal

development, defense, and protection of said water rights by participating in a number of water cases

adjudicating matters required for the production of water to be used in the exchanges. Coors has also filed

opposition to a number of water court applications to prevent injury to Coors’s water rights, including those

that are the subject of this Application. Coors’s legal expenses in pursuing these applications and filing

statements of opposition to continue and protect the unified system water rights exceeded $800,000 during

the diligence period. 4.4.Northglenn Integrated System Activities. The City of Northglenn, during the most

recent diligence period, continued to exchange water within the West Gravel Lakes – Standley Lake

exchange to the full extent that it was entitled to do so. Northglenn also participated in the upgrades and

improvements to infrastructure for its water delivery system. Northglenn contributes a portion of the

maintenance and operational costs paid by the Standley Lake Operating Committee. Annual budgeted

amount for these costs is $115,000. Northglenn has continued to participate as an opposer in numerous

cases filed with this Court by other entities, in part for the purpose of seeking to project the quality of water

within Standley Lake, to include the quality of the water stored therein by Northglenn’s operations under

the West Gravel Lakes – Standley Lake exchange. Northglenn continues to work with the cities of Thornton

and Westminster to monitor water quality in Clear Creek and Standley Lake. For the diligence period total

costs incurred by the City of Northglenn for water quality monitoring exceeded $200,000. Northglenn also

supports joint efforts in water quality monitoring activities in Standley Lake through an intergovernmental

agreement with Westminster and Thornton. Northglenn’s annual budgeted contribution to these activities

is $31,000. Northglenn also continues to enforce its source water protection ordinance which was passed

by City Council and is used to protect water quality in Standley Lake. 4.5. FRICO Integrated System

Activities. 4.5.1. Standley Lake Diligence Activities. Water can be exchanged to Standley Lake under the

exchanges decreed in Case No. 88CW268. During the diligence period, FRICO conducted monthly and

annual engineering reviews and maintenance work on Standley Lake dam. These activities involved, but

are not limited to, monitoring of toe drains, piezometers, inclinometers, movement monuments and crack

gages and general maintenance activities related to Standley Lake dam structures. Additionally, FRICO

undertook projects to evaluate the condition of infrastructure at Standley Lake. Those projects include, but

are not limited to, the following: 4.5.1.1. The evaluation of potential impacts from development north of

the dam on impacts it may have on the Standley Lake spillway channel. 4.5.1.2. Completion of a study of

32

the condition of the Standley Lake Dam spillway and development of design plans for spillway

improvements. 4.5.1.3. Evaluation of the impacts of a bypass water line on existing facilities and conflicts

with a dam enlargement. 4.5.1.4. Evaluation of a master plan for development of park and recreational

facilities at Standley Lake to evaluate impacts on existing conditions and the dam enlargement. 4.5.1.5.

Completion of an engineering study on the feasibility of enlarging Standley Lake Dam. A report, “Standley

Lake Dam Enlargement Study” dated August 24, 2015 by Ecological Resource Consultants, Inc. resulted

from this study. 4.5.1.6.Completion of an engineering inspection of the dam’s outlet structures. The

inspection evaluated the condition of the intake structures and the outlet facilities from the lake to the outlet

releases. 4.5.1.7. Completion of structural improvements to the dam’s spillway. 4.5.1.8.The design,

construction, and completion the new Standley Lake Dam Tender’s House. 4.5.2. Croke Canal Diligence

Activities. The Croke Canal is an exchange point of diversion adjudicated in Case No. 88CW268. During

the diligence period, FRICO conducted numerous reviews of development plans and crossing permits

related to the Croke Canal. During the diligence period, FRICO undertook various projects and engineering

analyses designed to insure and maintain the decreed carrying capacity in the Croke Canal. Those projects

include, but are not limited to, the following: 4.5.2.1.The evaluation of capital items and development of a

capital master plan to define the structures, their condition, replacement costs and time when repairs would

be required on infrastructure at Standley Lake, along the Croke Canal and at the Croke Headworks on Clear

Creek. 4.5.2.2. Completion of extensive repair work to ensure capacity of the Croke Canal. 4.5.2.3.

Completion of an update to FRICO’s design standards aimed at protecting the integrity and capacity of the

canal system and improving water quality. 4.5.3.Farmers Highline Canal Diligence Activities. The

Farmers’ High Line Canal is an exchange point of diversion as adjudicated in Case No. 88CW268. The

municipal shareholders and the Farmers’ High Line Canal and Reservoir Company, designed, constructed,

and completed Farmers’ High Line Canal Clear Creek headgate and siphon improvements. 5. Claim to

make absolute. 5.1. Dates and Amounts. The Co-Applicants have exercised the Subject Water Rights during

the diligence period. The maximum exercise of certain components of the subject water rights are described

below: 5.1.1.West Gravel – Standley Lakes Exchange. On June 3, 2013, Co-Applicants operated the Lower

Clear Creek Ditch (LCCD) component of this exchange by diverting 38.61 cfs at the Croke Canal Headgate in

exchange for a substitute supply provided to the LCCD at combined rates of 9.96 cfs (pumping from West

Gravel Lakes) and 28.65 cfs (book-over exchange) thus perfecting 6.61 cfs in addition to the 32 cfs previously

confirmed absolute. 5.1.2.Jim Baker Reservoir – Sheets Lake – Standley Lake Exchange. From November 2,

2012 through January 8, 2013, Westminster diverted 530.51 acre feet of water as described in paragraph 10.1

of the decree in Case No. 88CW268 (Cosmic Water) into storage in Jim Baker Reservoir (f.k.a. Happe Ponds).

Between August 13, 2013 and September 10, 2013, Westminster exchanged a total of 375.09 acre feet of said

Cosmic Water from Jim Baker Reservoir to Standley Lake via the Farmers’ High Line Canal in accordance

with the Jim Baker Reservoir – Sheets Lake – Standley Lake Exchange as described in paragraph 15.2 of the

decree in Case No. 88CW268. Said Cosmic Water was subsequently released from Standley Lake for

beneficial use. The rate of exchange varied, but the maximum exchange rate in August and September of 2013

was 9.48 c.f.s. The Co-Applicants therefore claim as absolute 375.09 acre feet of the Jim Baker Reservoir –

Sheets Lake – Standley Lake Exchange and seek a finding of reasonable diligence as to the remaining 458.91

acre feet conditionally decreed. Similarly, the Co-Applicants claim as absolute a flow rate of 9.48 c.f.s. for the

Jim Baker Reservoir – Sheets Lake – Standley Lake Exchange and seek a finding of reasonable diligence as to

the remaining 15.52 c.f.s. conditionally decreed. 5.1.3. Coors Guarantee Exchange. 5.1.3.1. On June 14,

2018, Co-Applicants operated the South Platte River component of this exchange on behalf of Coors by

diverting 4.76 cfs at the Farmers’ High Line Canal Headgate in exchange for substitute supplies released to the

South Platte River of 4.76 cfs (by pumped withdrawal) thus perfecting 4.76 cfs of the 50 cfs conditional amount

of this component of the exchange. 5.1.3.2. On June 16, 2018, Co-Applicants operated the LCCD component

of this exchange on behalf of Coors by diverting 14 cfs at the Farmers’ High Line Canal Headgate in exchange

for substitute supplies provided to the LCCD at rate of 14 cfs (by book-over) thus perfecting an additional 6

cfs of this component of the exchange in addition to the 8 cfs previously confirmed absolute. 5.2.

Description of place where water was applied to beneficial use. All water applied to beneficial use under the

decree in Case No. 88CW268 was used within the respective Co-Applicants’ water service areas for purposes

33

consistent with each Co-Applicant’s water system purposes. 6. Names and addresses of owners of land upon

which new diversion or storage structures will be built, owners of existing structures which may require

modification and owners of land upon which water is or will be stored: No new diversion or storage

structures need be built and existing structures do not require modification to exercise the Subject Water

Rights. The land upon which water is or will be stored are owned by: Co-Applicant the City of Thornton

(West Gravel Lakes and Brannan Lakes); Co-Applicant the City of Westminster (Jim Baker Reservoir

(f.k.a. Happe Ponds) and Sheets Lake); and Co-Applicant The Farmers Reservoir and Irrigation Company

(Standley Lake). WHEREFORE, Co-Applicants respectfully request a judgment and decree of this Court

that: 1.The water exchange rights conditionally decreed in Case No. 88CW268 are made absolute in the

amounts claimed in paragraph 5 above; and 2.The Co-Applicants have diligently pursued the completion

of the portions of the water exchange rights decreed in Case No. 88CW268 that may be found by this Court

to have not yet been perfected, and such portions of the subject water exchange rights shall be continued as

a conditional water rights for a period of six years after entry of the Court’s decree herein; and 3. Such other

relief as the Court deems just and proper. (23 pages).

**Water Division 2 will publish resume**

20CW3088 (Water Div. 2 case no. 20CW3032) Abigail R. Urish, 216 Hillcrest Ave., Rangley, CO

81648. Application for Adjudication of Denver Basin Groundwater and Plan for Augmentation in El Paso

County. I. Name and Address of Applicant: Abigail R. Urish, 216 Hillcrest Ave., Rangley, CO 81648,

Name and Address of Attorneys: Chris D. Cummins, #35154, Emilie B. Polley, #51296, MONSON,

CUMMINS & SHOHET, LLC, 13511 Northgate Estates Dr., Ste. 250, Colorado Springs, Colorado 80921,

(719) 471-1212, E-mail: cdc@cowaterlaw.com; ebp@cowaterlaw.com. II.Summary of Application,

Abigail R. Urish (“Applicant”) seeks to quantify the Denver Basin groundwater underlying her

approximately 5.48-acre property in El Paso County, Colorado. III. Application for Underground Water

Rights. A. Legal Description of Well. 1. Property Description. The Applicant’s approximately 5.48-acre

property (“Applicant’s Property”) is located at 13830 Overlook Pl, Colorado Springs, CO 80921 in El Paso

County, Colorado, more specifically described as Lot 1 Overlook Estates, and depicted on the Exhibit A

map. 2. Existing Well. There is an existing well on the Property. Well with Permit No. 71839-A (“Urish

Well No. 1”), attached as Exhibit B, is located approximately 1,139.89 feet from the east section line, and

2,072 feet from the south section line of said section 5 and constructed to the not-nontributary Dawson

aquifer. Applicant intends for the well to be re-permitted for non-exempt uses upon entry of a decree

approving the plan for augmentation requested herein. B. Water Source. 1. Not-Nontributary. The ground

water to be withdrawn from the Dawson, Denver, and Arapahoe aquifers underlying the Applicant’s

Property is not-nontributary. Pursuant to C.R.S. §37-90-137(9)(c.5), the augmentation requirements for

wells in the Dawson aquifer will require the replacement of actual stream depletions. 2. Nontributary. The

groundwater that will be withdrawn from the Laramie-Fox Hills aquifer underlying the Applicant’s

Property is nontributary. C. Estimated Rates of Withdrawal and Ground Water Available. 1. Estimated

Rates of Withdrawal. Pumping from the well will not exceed 100 g.p.m. The actual pumping rates for each

well will vary according to aquifer conditions and well production capabilities. The Applicant requests the

right to withdraw ground water at rates of flow necessary to withdraw the entire decreed amounts. The

actual depth of any well to be constructed within the respective aquifers will be determined by topography

and actual aquifer conditions. 2. Estimated Average Annual Amounts of Ground Water Available.

Applicant requests a vested right for the withdrawal of all legally available ground water in the Denver

Basin aquifers underlying the Applicant’s Property. Said amounts may be withdrawn over the 100-year

aquifer life pursuant to C.R.S. §37-90-137(4). Applicant estimates that the following values and average

annual amounts are representative of the Denver Basin aquifers underlying Applicant’s Property:

Groundwater Quantification

Acres: 5.48 NE¼ SE ¼ Sec 5 T12S R66W 6th P.M.

34

Decreed amounts may vary based upon the State’s Determination of Facts. Pursuant to C.R.S. §37-92-

305(11), the Applicant further requests that the Court retain jurisdiction to finally determine the amount of

water available for appropriation and withdrawal from each aquifer. Requested Uses. The Applicant

requests the right to use the ground water for beneficial uses upon the Applicant’s Property consisting of

domestic, irrigation, stock water, recreation, wildlife, fire protection, and also for storage and augmentation

purposes associated with such uses. The Applicant also requests that the nontributary water may be used,

reused, and successively used to extinction, both on and off the Applicant’s Property subject, however, to

the requirement of C.R.S. §37-90-137(9)(b), that no more than 98% of the amount withdrawn annually

shall be consumed. Applicant may use such water by immediate application or by storage and subsequent

application to the beneficial uses and purposes stated herein. Provided, however, Applicant shall only be

entitled to use water from the not-nontributary Dawson aquifer pursuant to a decreed augmentation plan

entered by this Court, covering the out-of-priority stream depletions caused by the use of such not-

nontributary aquifer in accordance with C.R.S. §37-90-137(9)(c.5). E. Well Field. The Applicant requests

that she be permitted to produce the full legal entitlement from the Denver Basin aquifers underlying

Applicant’s Property through any combination of wells. The Applicant requests that these wells be treated

as a well field. F. Averaging of Withdrawals. The Applicant requests that she be entitled to withdraw an

amount of ground water in excess of the average annual amount decreed to the aquifers beneath the

Applicant’s Property, so long as the sum of the total withdrawals from the well does not exceed the product

of the number of years since the date of issuance of the original well permit or the date of entry of a decree

herein, whichever comes first, multiplied by the average annual volume of water which the Applicant is

entitled to withdraw from the aquifers underlying the Applicant’s Property. G.Owner of Land Upon Which

Wells are to Be Located. The land and underlying groundwater upon which the wells are located is owned

by the Applicant. IV. Application for Approval of Plan for Augmentation. A. Structure to be Augmented.

The structure to be augmented is the Urish Well No. 1 as is currently constructed to the not-nontributary

Dawson aquifer underlying the Applicant’s Property, and as will be re-permitted pursuant to this plan for

augmentation, as requested and described herein along with any replacement or additional wells associated

therewith. B. Water Rights to be Used for Augmentation. The water rights to be used for augmentation

during pumping are the return flows resulting from the pumping of the not-nontributary Dawson aquifer

from Urish Well No. 1, together with water rights from the nontributary Laramie-Fox Hills aquifer for any

injurious post pumping depletions. C. Statement of Plan for Augmentation. Applicant wishes to provide

for the augmentation of stream depletions caused by pumping of the not-nontributary Dawson aquifer by

one well herein. Water use criteria and their consumptive use component for replacement of actual

depletions for the lots are estimated as follows: 1. Use. Urish Well No. 1, will pump a maximum total of

1.0 acre feet of water from the Dawson aquifer annually. Such use shall be a combination of household

use, irrigation of lawn and garden, and the watering of horses or equivalent livestock. An example

breakdown of this combination of use is household use at 0.25 acre feet, plus outdoor use including the

watering of up to 2 horses or equivalent livestock with a water use of 0.25 acre feet per year (10

gallons/day/head or 0.011 annual acre feet per head); and irrigation of lawn and garden of 0.50 acre feet

per year (0.05 annual acre feet per 1000 sq. ft.). 2. Depletions. It is estimated that maximum stream

depletions over the 100 year pumping period for the Dawson aquifer amounts to approximately 9.88%

Denver

Basin Aquifer

Net

Sand Total 100

Year

(AF) (ft) (AF)

Upper Dawson (NNT) 107.7 118.04 1.18

Denver (NNT) 439.6 409.53 4.10

Upper Arapahoe

(NTN) 236.8 220.60 2.21

Laramie Fox Hills

(NT) 188.2 154.70 1.55

35

percent of pumping. Maximum annual depletions for total residential pumping from all wells are therefore

0.099 acre feet, in year 100. Should Applicant’s pumping be less than the 1.0 acre feet described herein,

resulting depletions will be correspondingly reduced. 3. Augmentation of Depletions During Pumping.

Pursuant to C.R.S. §37-90-137(9)(c.5), Applicant is required to replace actual stream depletions attributable

to pumping of augmented wells to the Dawson aquifer. Depletions during pumping will be effectively

replaced by residential return flows from non-evaporative septic systems, and depletions from irrigation

will be adequately replaced by irrigation return flows. The annual consumptive use for non-evaporative

septic systems is 10% per year per residence. At a household use rate of 0.25 acre feet per residence per

year, 0.225 acre-feet is replaced to the stream system per year, assuming the use of a non-evaporative septic

systems. Thus, during pumping, stream depletions will be adequately augmented. 4. Augmentation for

Post Pumping Depletions. For the replacement of any injurious post-pumping depletions which may be

associated with the use of the Urish Well No. 1, Applicant will reserve water from the nontributary Laramie-

Fox Hills aquifer, less the amount of actual stream depletions replaced during the plan pumping period.

The Applicant also reserves the right to substitute other legally available augmentation sources for such

post pumping depletions upon further approval of the Court under its retained jurisdiction. Even though

this reservation is made, under the Court’s retained jurisdiction, the Applicant reserves the right in the future

to prove that post pumping depletions will be noninjurious. The reserved nontributary Laramie-Fox Hills

groundwater will be used to replace any injurious post-pumping depletions. Upon entry of a decree in this

case, the Applicant will be entitled to apply for and receive a new well permit for the Urish Well No. 1, for

the uses in accordance with this Application and otherwise in compliance with C.R.S. §37-90-137. V.

Remarks. A. This Application was filed in both Water Divisions 1 and 2 because depletions from the

pumping of the Dawson aquifer may occur in both the South Platte and the Arkansas River systems. The

return flows set forth herein will accrue to tributaries of the Arkansas River system where the majority of

such depletions will occur, and it is Applicant’s intent to consolidate the instant matter in Water Division 2

upon completion of publication. The Applicant requests that the total amount of depletions to both the

South Platte River and the Arkansas River systems be replaced to the Arkansas River as set forth herein,

and for a finding that those replacements are sufficient. B. The Applicant requests a finding that she has

complied with C.R.S. §37-90-137(4), and that the ground water requested herein is legally available for

withdrawal by the requested not-nontributary wells upon the entry of a decree approving an augmentation

plan pursuant to C.R.S. §37-90-137(9)(c.5). C., The term of this augmentation plan is for 100 years,

however the length of the plan for a particular well may be extended beyond such time provided the total

plan pumping allocated thereto is not exceeded. Post pumping stream depletions accrue to a particular well

only to the extent related to that well’s actual pumping. D. The Court will retain jurisdiction over this matter

to provide for the adjustment of the annual amount of ground water withdrawals to be allowed in order to

conform to actual local aquifer characteristics from adequate information obtained from well drilling or test

holes. E. The Applicant requests a finding that vested water rights of others will not be materially injured

by the withdrawals of ground water and the proposed plan for augmentation. F. The well shall be installed

and metered as reasonably required by the State Engineer. The well will be equipped with a totalizing flow

meter and the Applicant shall submit diversion records to the Division Engineer on an annual basis or as

otherwise requested by the Division Engineer. The Applicant shall also provide accountings to the Division

Engineer and Water Commissioner as required by them to demonstrate compliance under this plan of

augmentation. G. The Applicant intends to waive the 600 feet well spacing requirement for any wells to be

located upon the Applicant’s Property. H. The Applicant will comply with any lienholder notice provisions

set forth in C.R.S. §37-92-302(2)(b) and §37-90-137(4)(b.5)(I), and such notice will be sent within 14 days

of the filing of this application.

20CW3089 Andrea Rogers and John Paul Rogers, 5543 Lake Gulch Road, Castle Rock, CO 80104,

andrearogers@yahoo.com; johnpaulrogers@yahoo.com; 1-650-776-4761. APPLICATION FOR

APPROVAL OF PLAN FOR AUGMENTATION in DOUGLAS COUNTY. Attorneys for Applicants:

Gilbert Y. Marchand, Jr., #19870, Cynthia F. Covell, #10169, Andrea L. Benson, #33176, Alperstein &

Covell, P.C., 1600 Broadway, Suite 1070, Denver, CO 80202, phone: (303) 894-8191; fax: (303) 861-0420,

36

gym@alpersteincovell.com; cfc@alpersteincovell.com; alb@alpersteincovell.com. 1. Name, mailing

address, e-mail address, and telephone number of Applicants: Andrea Rogers and John Paul Rogers,

5543 Lake Gulch Road, Castle Rock, CO 80104, andrearogers@yahoo.com; johnpaulrogers@yahoo.com;

1-650-776-4761. 2. Name of structure to be augmented: Not nontributary Upper Dawson well currently

under well permit number 175258. The well is not currently decreed. Per the well permit, the legal

description of the well is: At or within 200 feet of a point in the northwest quarter of the northeast quarter

of Section 15, Township 9 South, Range 66 West, of the 6th P.M., Douglas County, Colorado, 800 feet

from the north section line and 1,600 feet from the east section line. The UTM coordinates (per the DWR

Map Viewer) are Northing 4347115.8 meters, Easting 520550.2 meters (Datum: NAD83; UTM Zone 13).

The well is on Applicant’s property (“Property”) described as approximately 35 acres in the northeast

quarter of Section 15, Township 9 South, Range 66 West, of the 6th P.M., in Douglas County, Colorado.

The legal description and a general location map of the Property are contained, respectively, in Exhibits A

and B, which are attached to the application filed with the Court and incorporated herein by reference.

Applicants request that the augmentation plan for which a decree is sought apply also to any replacement,

supplemental, or additional wells that may subsequently be permitted as necessary to allow Applicants to

obtain the water supply for the Property described herein. 3. Water rights to be used for augmentation:

Return flows from use of the well and, if necessary, direct discharge from the well will be used to augment

the stream depletions caused by withdrawals during the pumping period. Nontributary ground water

underlying the Property and owned by Applicants in the Lower Dawson aquifer, which ground water was

decreed on August 31, 1989 in Case No. 85CW80, District Court, Water Division No. 1, will be reserved

as necessary for replacement of stream depletions after pumping has ceased. 4. Statement of plan for

augmentation: 4.1 Water Demands: Applicants currently own and use not nontributary Upper Dawson

aquifer ground water pumped under exempt well permit number 175258, which allows pumping of up to

three acre-feet per year for ordinary household purposes inside one single family dwelling, fire protection,

the watering of poultry, domestic animals, and livestock on farms and ranches, and the irrigation of not

over one acre of home gardens and lawns. Applicants seek an augmentation plan so that the well can be

used as the water supply for a horse training and boarding facility on Applicants’ Property, in addition to

the currently allowed uses of the well. The presently estimated uses of the augmented well are an annual

amount of 0.81 acre-feet, comprised of 0.33 acre-feet of household use, 0.02 acre-feet of commercial

drinking and sanitary use, 0.18 acre-feet of domestic animals and small livestock, and 0.27 acre-feet

associated with the horse facility. Applicants reserve the right to revise the annual amount to be withdrawn

and proposed uses without having to amend or republish this application. For example, if sufficient

augmentation water is available, Applicants may seek limited irrigation uses for the Property. 4.2

Consumptive Use and Replacement: The consumptive use is estimated at 0.49 acre-feet per year,

comprised of 0.03 acre-feet from household use, 0.002 acre-feet from commercial drinking and sanitary

use, 0.18 acre-feet from use by domestic animals/small livestock, and 0.27 acre-feet from the horse facility.

Sewage treatment for household use and commercial drinking and sanitary use will be provided by

nonevaporative septic system(s). Return flows associated with such uses will be approximately ninety

percent of that use; animal use is considered one hundred percent consumptive; irrigation use, if any, is

considered eighty-five percent consumptive. Pursuant to C.R.S. Section 37-90-137(9)(c.5)(I)(B),

Applicants will replace actual out-of-priority depletions to the stream caused by withdrawals from the wells

and will meet all other statutory criteria for the augmentation plan. Applicants estimate that stream

depletions will accrue to Lake Gulch and/or other tributaries of Cherry Creek, tributary to the South Platte

River, and that return flows and any necessary reserved and discharged nontributary Lower Dawson aquifer

ground water will accrue to the same stream system in amounts sufficient to replace actual depletions,

respectively, during the pumping and the post-pumping periods. 5. Name(s) of the owner(s) of the land

upon which any new diversion or storage structure or modification to any existing diversion or

storage structure or existing storage pool is or will be constructed or upon which water is or will be

stored: Not applicable. Applicants own all structures described or proposed in the application.

WHEREFORE, Applicants request the Court to enter a decree approving the plan for augmentation

described herein and finding that the augmentation plan will not cause injury to any owner of or persons

37

entitled to use water under a vested water right or a decreed conditional water right if approved on the terms

and conditions proposed and/or to be determined herein, and to grant such other relief as the Court deems

proper under the circumstances.

20CW3090 CAROLYN GUIDERA, 1922 Belgian Trail, Elizabeth, CO, 80107. Frederick A. Fendel,

II, Eric K. Trout, Petrock Fendel Poznanovic, P.C., 700 17th Street, Suite 1800, Denver, CO 80202.

Application for Underground Water Rights and Plan for Augmentation in ELBERT COUNTY. Subject

Property: 5.060 acres generally located in the NE1/4 SE1/4, Section 2, Township 8 South, Range 65 West

of the 6th P.M., Cimarron Filing 3, Block 10, Lot 1 (“Subject Property”). Applicant is the owner of the

Subject Property. Well Permits: There is one existing Lower Dawson exempt well on the Subject Property

registered under well permit number 24999. Additional well permits will be applied for prior to

construction. Source of Water Rights: The Upper Dawson aquifer is not nontributary as defined in C.R.S.

§ 37-90-103(10.7), and the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers are

nontributary as defined in C.R.S. § 37-90-103(10.5). Estimated Amounts: Applicant estimates the

following annual amounts may be available for withdrawal: Upper Dawson, 1.46 acre-feet (NNT); Denver,

1.67 (NT); Arapahoe, 2.07 (NT); Laramie-Fox Hills, 1.60 (NT). Proposed Uses: Domestic, commercial,

irrigation, stockwatering, fire protection, and augmentation purposes, including storage, both on and off the

Subject Property. Jurisdiction: The Court has jurisdiction over the subject matter of this application

pursuant to C.R.S. §§ 37-90-137(6), 37-92-203(1), 37-92-302(2). Summary of Plan for Augmentation:

Groundwater to be Augmented: Approximately 1.46 acre-feet per year of Upper Dawson aquifer

groundwater. Water Rights to be Used for Augmentation: Return flows from the use of not nontributary

and nontributary groundwater and direct discharge of nontributary groundwater. Statement of Plan for

Augmentation: The Upper Dawson aquifer groundwater will be used for domestic purposes, including in-

house use, irrigation, commercial, stockwatering, and fire protection, through one or more wells, both on

and off the Subject Property. Applicant reserves the right to amend the amount and uses without amending

the application or republishing the same. Sewage treatment for in-house use will be provided by non-

evaporative septic systems. Return flow from in-house use will be approximately 90% of that use, and

return flow from outside irrigation use will be approximately 15% of that use. During pumping Applicant

will replace actual depletions pursuant to C.R.S. § 37-90-137(9)(c.5). Depletions occur to the Running

(Box Elder) Creek stream system and return flows accrue to that creek system and are sufficient to replace

actual depletions while the subject groundwater is being pumped. Applicant will reserve an equal amount

of nontributary groundwater underlying the Subject Property to meet post pumping augmentation

requirements. Applicants request the court approve the above underground water rights, find that

Applicants have complied with C.R.S. § 37-90-137(4) and water is legally available for withdrawal, find

there will be no material injury to the owners of or persons entitled to use water under any vested water

right or decreed conditional water right, and grant such other and further relief as is appropriate. 4 Pages.

20CW3091 LINDEN H. SCOTT SR. FAMILY TRUST, 1735 County Road 194, Parker, CO, 80138.

Frederick A. Fendel, III, Eric K. Trout, Petrock Fendel Poznanovic, P.C., 700 17th Street, Suite 1800,

Denver, CO, 80202. Application for Underground Water Rights and Plan for Augmentation in ELBERT

COUNTY. Subject Property: 35 acres generally located in the NE1/4 NE1/4, Section 2, Township 6 South,

Range 65 West of the 6th P.M., Prairie Ridge Subdivision, Tract 9 (“Subject Property”). Applicant is the

owner of the subject property. Well Permits: There is one existing Lower Dawson exempt well on the

Subject Property registered under well permit number 93556. Additional well permits will be applied for

prior to construction. Source of Water Rights: The Upper Dawson aquifer is not nontributary as defined

in C.R.S. § 37-90-103(10.7), and the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers

are nontributary as defined in C.R.S. § 37-90-103(10.5). Estimated Amounts: Applicant estimates the

following annual amounts may be available for withdrawal: Upper Dawson, 1.42* (NNT); Lower Dawson,

4.97 (NNT); Denver, 19.81 (NT); Arapahoe, 13.35 (NT); Laramie-Fox Hills, 9.85 (NT); *Total estimated

amount is reduce by 2 acre-feet for existing exempt well permit # 93556. Proposed Uses: Domestic,

commercial, irrigation, stockwatering, fire protection, and augmentation purposes, including storage, both

38

on and off the Subject Property. Jurisdiction: The Court has jurisdiction over the subject matter of this

application pursuant to C.R.S. §§ 37-90-137(6), 37-92-203(1), 37-92-302(2). Summary of Plan for

Augmentation: Groundwater to be Augmented: Approximately 4.97 acre-feet per year of Lower Dawson

aquifer groundwater. Water Rights to be Used for Augmentation: Return flows from the use of not

nontributary and nontributary groundwater and direct discharge of nontributary groundwater. Statement of

Plan for Augmentation: The Lower Dawson aquifer groundwater will be used for domestic, including in-

house use, irrigation, commercial, stockwatering, and fire protection, through one or more wells, both on

and off the Subject Property. Applicant reserves the right to amend the amount and uses without amending

the application or republishing the same. Sewage treatment for in-house use will be provided by non-

evaporative septic systems. Return flow from in-house use will be approximately 90% of that use, and

return flow from outside irrigation use will be approximately 15% of that use. During pumping Applicant

will replace actual depletions pursuant to C.R.S. § 37-90-137(9)(c.5). Depletions occur to the Running

(Box Elder) Creek stream system and return flows accrue to that creek system and are sufficient to replace

actual depletions while the subject groundwater is being pumped. Applicant will reserve an equal amount

of nontributary groundwater underlying the Subject Property to meet post pumping augmentation

requirements. Applicants request the court approve the above underground water rights, find that

Applicants have complied with C.R.S. § 37-90-137(4) and water is legally available for withdrawal, find

there will be no material injury to the owners of or persons entitled to use water under any vested water

right or decreed conditional water right, and grant such other and further relief as is appropriate. 4 pages.

20CW3092 (2011CW294), Aggregate Industries - West Central Region, Inc. (“Aggregate”), c/o

Christine Felz, Land & Environment Manager, 1687 Cole Blvd. Suite 300, Golden, CO 80401, (303)

809-7231, Email: Christine.Felz@lafargeholcim.com. APPLICATION FOR FINDING OF

REASONABLE DILIGENCE FOR CONDITIONAL APPROPRIATIVE RIGHT OF EXCHANGE IN

JEFFERSON COUNTY. 1. Names, addresses and telephone numbers of Applicant: Aggregate Industries

- West Central Region, Inc. (“Aggregate”), c/o Christine Felz, Land & Environment Manager, 1687 Cole

Blvd. Suite 300, Golden, CO 80401, (303) 809-7231, Email: Christine.Felz@lafargeholcim.com. Direct

pleadings to Laura L. Chartrand, Chartrand Law, LLC, 1229 S. Pennsylvania Street, Denver, CO 80210. 2.

Names of structures. This Diligence Application concerns the conditional appropriate right of exchange

decreed in Case No. 11CW294. The conditional appropriative right of exchange allows the historic

consumptive use credits associated with the changed 68.13 shares in the Joseph W. Bowles Reservoir

Company in Case No. 2011CW294 (“Subject Shares”) to be diverted at the Morrison Municipal Intakes

Nos. 1 and 2. Morrison Municipal Intake is located on the south bank of Bear Creek in the SW1/4 of the

SE1/4 in Section 34, Township 4 South, Range 70 West, 6th P.M., in Jefferson County, Colorado at a point

whence the SE1/4 of said section bears south 79°, 28’ East, 2452.5 feet and has a current capacity of

approximately 2.5 cfs. Morrison Municipal Intake No. 2 is proposed to be located on the south bank of Bear

Creek in the NW1/4 of the NW1/4 in Section 2, Township 5 South, Range 70 West of the 6th P.M. in

Jefferson County at a point whence the NW corner of said section bears North 32°, West 140 feet and has

a proposed capacity of 5.0 cfs. 3. Description of conditional decree: Date of original decree: June 9, 2014,

Case No.: 2011CW294, Court: Water Division 1. 4. Previous findings of diligence: None. 5. Decreed

Location: Exchange From Point: The confluence of Bear Creek with the South Platte River, located at the

NE1/4 of NE1/4 of Section 4, Township 5 South, Range 68 West of the 6th P.M. Exchange To Points:

Morrison Municipal Intake structures described above. Exchange Reach: The confluence of Bear Creek

with the South Platte River (NE1/4 of NE1/4 of Section 4, Township 5 South, Range 68 West of the 6th

P.M.) upstream to the Morrison Municipal Intakes. 6. Source of Substitute Supply: The consumptive use

portion of the Subject Shares, and as limited by the historical consumptive use findings and terms and

conditions contained with the Case No. 2011CW294 decree. 7. Appropriation dates: Conditional

Appropriative Right of Exchange: December 31, 2011. 8. Amount: Rate of Exchange: 7.5 c.f.s. conditional,

which is the total capacity of both of the Morrison Municipal Intake structures. 9. Use: The water rights

decreed to the Subject Shares may be used for the following uses: irrigation, commercial and industrial,

including the uses of mining, quarrying, mechanical operations and dust suppression, augmentation,

39

exchange and re-use. 10. Provide a detailed outline of what has been done toward completion of the

appropriation and application of water to a beneficial use as conditionally decreed, including expenditures:

The Subject Shares and the conditional appropriate right of exchange are an integral part of Aggregate’s

integrated industrial water supply system for the operation of the Morrison Quarry and Aggregate’s other

mining properties. Pursuant to C.R.S. §37-92-301(4)(b), when an integrated system is composed of several

features, as is the case here, work on one feature of the system is considered in finding that reasonable

diligence has been shown in the development of water rights for all features of the entire system. Aggregate

expended legal fees for its water rights counsel in the amount of approximately of $8,400 during this

diligence period to prepare the Substitute Water Supply Plan associated with the changed water rights in

Case No. 2011CW294, protect and defend Aggregate’s water rights, including but not limited to its Subject

Shares water rights and related structures, in cases filed by others when Aggregate determined that injury

to its water rights could occur in the absence of appropriate terms and conditions. Aggregate also expended

approximately $140,850 on engineering services provided by its water resource consultant, including

accounting and revising water rights accounting forms, as required by its water court decrees, preparing

and managing the Substitute Water Supply Plan associated with the changed water rights in Case No.

2011CW294, implementing changed use of Subject Shares, protection and development of Aggregate’s

water rights, engineering analysis and design of water measuring improvements, and other water

engineering services related to utilization of Aggregate’s water supply and storage capabilities. Aggregate

has also incurred expenses associated with the development and use of these water rights with the owners

and operators of the facilities associated with these water rights. Applicant Aggregate has diverted water

from the changed Subject Shares directly at the Morrison Intake for the last two years, but has not yet

operated the conditional appropriative right of exchange decreed in this case. 11. Names and addresses of

owners of the land on which any new diversion structure or storage structure or modification to any existing

storage structure is or will be constructed or upon which water is or will be stored: The Morrison Municipal

Intake No. 1 is located on the right-of-way for State Highway 74. The Town of Morrison owns the land on

which Morrison Municipal Intake No. 2 will be located. Wherefore, Applicant Aggregate, having

demonstrated that it has steadily applied effort to complete the appropriation of these water rights in a

reasonably expedient and efficient manner under all the facts and circumstances, respectfully request this

Court to find that Aggregate exercised reasonable diligence in putting to beneficial use the exchange right

in Case No. 2011CW294, and to continue the remaining portions of the conditional decrees for another six

years, or such period as may otherwise be permitted by law.

20CW3093 RainDance Metropolitan District No. 1 c/o White Bear Ankele Tanaka & Waldron, 2154

E. Commons Ave., Ste. 2000, Centennial, CO 80122, 303-858-1800. Please send all pleadings to: Jeff

Kahn, Kara Godbehere, Lyons Gaddis, P.O. Box 978, Longmont, CO 80503, 303-776-9900.

APPLICATION FOR A CHANGE OF CONDITIONAL WATER STORAGE RIGHTS, CHANGE

OF WATER RIGHTS AND QUANTIFICATION OF LAWN IRRIGATION RETURN FLOWS, in

WELD COUNTY. 2. Background. Applicant seeks a change of conditional water storage rights

associated with Raindance Reservoir Nos. 1 and 2 (the “Reservoirs”) previously decreed in Case No.

02CW391, a change of water rights for twenty-four (24) shares of the B.H. Eaton Irrigation Company (the

“Company”), and a quantification of lawn irrigation return flows resulting from non-potable irrigation uses

within the District’s boundaries. The twenty-four (24) shares represent 12.5 percent of the one hundred

ninety-two (192) outstanding shares in the Company and are referred to as the “Subject Shares.” The Water

Rights represented by the Subject Shares are referred to as the “Subject Water Rights.” All of the structures

described below are in Weld County, Colorado and the Range described in the legal descriptions is “West

of the 6th P.M.” CLAIM FOR CHANGE OF CONDITIONAL WATER STORAGE RIGHTS 3.

Original Adjudication. a. Previous Decrees. i. A decree was entered by the District Court, Water Division

One, State of Colorado (“Water Court”) on February 8, 2008, in Case No. 02CW391 confirming conditional

40

and absolute storage water rights for various reservoirs, including but not limited to, the conditional water

storage rights associated with the Reservoirs, described as follows (volumes are for active storage capacity):

Table 1

Name Location Capacity (AF) Surface Area (acres)

Raindance No. 1 S31 and S1/2 of

S30, T6N, R67W

3500 120

Raindance No. 2 NW1/4 and W1/2,

NE1/4 of S6, T5N,

R67W

1500 29

ii. A decree was entered by the Water Court on August 11, 2015, in Case No. 14CW3024, continuing the

conditional water storage rights for the Reservoirs listed in Table 1 (“Conditional Storage Rights”). b.

Decreed Source of Water. i. Cache la Poudre River, drainage water, storm water, and return flows from

irrigation. ii. The B.H. Eaton Ditch may be used to fill the Reservoirs. The legal description of the point of

diversion for the B.H. Eaton Ditch is: South side of the Cache la Poudre River in the NW1/4 of the SE1/4,

Section 19, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado. c. Decreed Filling

Rates for the Conditional Storage Rights: 50 cfs through the B.H. Eaton Ditch. d. Decreed Appropriation

Dates for the Conditional Storage Rights: December 31, 2002. e. Decreed Uses of the Conditional Storage

Rights: Irrigation, commercial (including snowmaking), industrial, municipal on the property identified in

this section by the Poudre Tech Metropolitan District, domestic, fire protection, wetland establishment and

maintenance, wildlife habitat, fish habitat, recreation, replacement, augmentation and exchange uses. Use

of the Conditional Storage Rights, including for irrigation, will be on lands located in Sections 28, 29, 30,

31, 32, 33 & 34, Township 6 North, Range 67 West of the 6th P.M. that have been included as part of Water

Valley Subdivisions and/or any lands within the current or future boundaries of the Poudre Tech

Metropolitan District. 4. Detailed Description of Proposed Change. Applicant seeks to change the

proposed locations of the Reservoirs, as described in Table 2 below. See map attached as Exhibit A.

Raindance No. 2 Reservoir may be constructed as more than one cell or reservoirs on the lands described

in Table 2 below. In part, the Applicant intends to use the water stored under the Conditional Storage Rights

within the service area of the Applicant which is contained within the legal description in Section 3.e. above.

Applicant considers the lands to be served to be “Water Valley Subdivisions.” If it is found that the lands

to be served are not within the place of use decreed for the Conditional Storage Rights, then the Applicant

seeks a change in place of use for use of the Conditional Storage Rights to add and include the lands

described in Section 3.e. above that are within the service area of Applicant. See map attached as Exhibit

B which depicts the service areas of both the Applicant and the Poudre Tech Metropolitan District (“Poudre

Tech MD”). In addition the Applicant may serve lands outside its service area by contract or lease.

Table 2

Name Proposed Location Capacity (AF) Surface Area

(acres)

Raindance No. 1 NW1/4 and NE1/4

except for the NE1/4

of the NE1/4, S6 and

NW1/4 S5, T5N,

R67W

3500 180

41

Raindance No. 2 NE1/4, S6, T5N,

R67W

1500 80

CLAIM FOR CHANGE OF SUBJECT WATER RIGHTS 5. Original Adjudication. a. Previous

Decree. The original adjudication for the Subject Water Rights was entered by the Larimer County District

Court on April 11, 1882, in Case No. CA0320. b. Decreed Point of Diversion. B.H. Eaton Ditch (owned

by the B.H. Eaton Ditch Company): South side of the Cache la Poudre River in the NW1/4 of the SE1/4,

Section 19, Township 6 North, Range 67 West, of the 6th P.M., Weld County, Colorado. c. Decreed Source:

Cache la Poudre River. d. Appropriation Dates and Amounts:

B.H. Eaton Ditch Appropriation Date Amount (cfs)

04/01/1864 29.10

06/01/1866 3.33

07/25/1872 9.27

6. Historical Use: The historical consumptive use of the Subject Water Rights will be quantified using a

parcel specific analysis. The location of historical irrigation is depicted on the map attached as Exhibit C.

A summary of historical diversion records for the water rights decreed to the B.H. Eaton Ditch and being

changed in part by this application is attached as Exhibit D. 7. Detailed Description of Proposed Change.

Applicant seeks to quantify the historical consumptive use of and change the Subject Water Rights: a.

Historical Place of Use. Approximately 145 acres, more or less, located in the West 1/2, Section 34,

Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado. See Exhibit C. b. Change of

Use. Applicant seeks to change the use from irrigation on a direct flow basis to irrigation, commercial

(including snowmaking), industrial, fire protection, wetland establishment and maintenance, wildlife

habitat, fish habitat, recreation, replacement, augmentation, and exchange. Applicant seeks the right to fully

consume, by direct use, storage and subsequent release, reuse, successive use, further exchange or

disposition, all water associated with the Subject Water Rights that remains after the required return flow

obligations have been met. Applicant’s use, reuse and successive use of water from the Subject Water

Rights is described in more detail below. c. Replacement of Historical Return Flows. Applicant will replace

historical return flows resulting from the historical use of the Subject Water Rights in order to prevent

injury to other water rights. If it is later determined that it is not necessary to replace historical return flows

at times when there is no call on the South Platte River system below the point where the return flows from

the Subject Water Rights historically accrued to the Cache la Poudre River, or the call is junior to the date

this application was filed, Applicant reserves the right not to replace historical return flows at such times.

Additionally, Applicant reserves the right to file a future amendment to this application or separate

application claiming an appropriation of historical return flows. d. Point of Diversion. Applicant will

continue to divert the Subject Water Rights at the headgate of the B.H. Eaton Ditch. e. Places of Use.

Applicant may use the changed Subject Water Rights for irrigation and other non-potable uses within the

service areas of Applicant and the Poudre Tech MD as those service areas now exist and are depicted on

Exhibit B, as those service areas may be expanded in the future or areas served by contract or lease. The

Applicant and Poudre Tech MD may be collectively referred to as the “Metro Districts.” All of the

subdivisions within the service areas of the Metro Districts operate, or will operate, with a dual water

distribution system (consisting of potable and non-potable water delivery systems) and receive their potable

water supply from the Town of Windsor. f. Augmentation, Leasing and Storage. Applicant may use the

Subject Water Rights for augmentation purposes in the plan for augmentation approved in Case No.

12CW234 pursuant to a Water Lease Agreement between Trollco, Inc. and the Applicants in 12CW234.

42

Applicant may also use the Subject Rights in other plans for augmentation if the use is approved by a

subsequent Water Court decree. Applicant may use the Subject Water Rights to replace return flow

obligations for the Subject Water Rights, to replace return flows required by decrees in Case Nos. 02CW390

and 08CW65 which changed shares in the Whitney Ditch Company and shares in the B.H. Eaton Ditch

Company, to replace return flows required by the decree to be entered in pending Case No. 19CW3226

(application for change of Whitney Ditch Company shares) and pursuant to any other subsequent Water

Court decree. In addition, Applicant may use the Subject Shares to replace out-of-priority storage in any of

the reservoirs within the Metro Districts. Applicant may use the Subject Shares on a direct flow basis or

may store the Subject Shares in any of the reservoirs decreed in Case Nos. 02CW391 and 04CW346

described below. 8. Places of Storage. The Subject Water Rights may be stored, prior to subsequent

beneficial use, in the following reservoirs: a. Storage Rights Decreed in Case No. 02CW391. Pelican Lake,

Habitat Lake, Rockbridge Lake, Lake Water Valley (a/k/a South West Lake), Eagle Lake (a/k/a South East

Lake), Raindance Reservoir No. 1, and Raindance Reservoir No. 2. b. Storage Rights Decreed in Case No.

04CW346. Raindance River Reservoir, Grandpa’s Lake and Shadow Lake. 9. Replacement Sources. In

addition to the Subject Water Rights, Applicant may replace historical return flow obligations using the

following water sources: a. B.H. Eaton Ditch Company Shares Changed in Case No. 02CW390. 114 shares

in the B.H. Eaton Ditch Company. b. Whitney Ditch Company Shares (Case Nos. 02CW390, 08CW65 and

19CW3226). 60 changed Whitney Ditch Company shares (40 shares changed in Case No. 02CW390, 16

shares changed in Case No. 08CW65, and the 4 shares for which a change is pending in Case No.

19CW3226). c. Storage Rights Decreed in Case No. 02CW391. Water stored in Pelican Lake, Habitat Lake,

Rockbridge Lake, Lake Water Valley (a/k/a South West Lake), Eagle Lake (a/k/a South East Lake),

Raindance Reservoir No. 1, and Raindance Reservoir No. 2. d. Storage Rights Decreed in Case No.

04CW346. Water stored in Raindance River Reservoir. e. Lawn Irrigation Return Flows (“LIRFs”).

Quantified in Previous Cases. LIRFS quantified by decrees entered in Case Nos. 02CW390, 08CW65 and

19CW3226 (pending). f. LIRFs Quantified and Available as a Result of the Claim Below. g. Fully

Consumable Effluent Leased from the Town of Windsor. Fully consumable water discharged from the Town

of Windsor Wastewater Treatment Plant, including but not limited to, that water subject of the Water Court

application in Case No. 18CW3042. h. Free River. Any water stored in reservoirs described in this

application which was previously diverted under free river conditions or any water diverted at the headgate

of the B.H. Eaton Ditch and returned to the river. i. Additional Sources. Applicant may also use additional

and alternative sources for replacement of return flows if the sources are decreed or lawfully available for

the use, are part of a SWSP approved pursuant to C.R.S. § 37-92-308 or an interruptible supply agreement

approved under C.R.S. § 37-92-309, or decreed for the use pursuant to a future Water Court proceeding.

10. Replacement Locations. Applicant may release water to meet historical return flow obligations at the

following structures. All of the structures listed below have, or will have, measurement and recording

devices and release to the Cache la Poudre River. The locations of the structures are shown on Exhibit E.

a. Outlet from Rockbridge Lake. Located in the SE1/4 of the SE1/4 of Section 28, Township 6 North, Range

67. b. Outlet from Habitat Lake and Pelican Lake. A future outlet to be constructed in the NW1/4 of Section

28, Township 6 North, Range 67. c. Outlet from Eagle Lake. Located in the NE1/4 of the NE1/4 of Section

33, Township 6 North, Range 67. d. Outlet from Lake Water Valley. A future outlet to be constructed in

either the SW1/4 or the NW1/4 of Section 28, Township 6 North, Range 67. e. Outlet from Raindance River

Reservoir. A future outlet to be constructed in the NW1/4 of Section 29, Township 6 North, Range 67. f.

Outlet from Raindance Reservoir Nos. 1 and 2. A future outlet to be constructed in the SW1/4 of Section

34, Township 6 North, Range 67. g. Town of Windsor Wastewater Treatment Plant Outfall. Located in the

SE1/4 of the SE1/4 of Section 34, Township 6 North, Range 67. h. B.H. Eaton Return Structure. A return

structure located in the NW1/4 of the NW1/4 of Section 29, Township 6 North, Range 67. i. Whitney

Raindance Return Structure. A return structure to be located in the SE1/4 of Section 20, Township 6 North,

43

Range 67. j. Whitney Ditch East Return. An augmentation structure to be located on the Whitney Ditch that

releases to the Cache la Poudre River at a location in the NE1/4 of Section 32, Township 6 North, Range

66. k. Whitney Ditch West Return. An augmentation structure located on the Whitney Ditch that releases to

the Cache la Poudre River at a location in the NE1/4 of Section 31, Township 6 North, Range 66. l. Other

Structures. Any other structure legally available which may be used to return water to the Cache la Poudre

River. CLAIM TO QUANTIFY AND USE RETURN FLOWS 11. Background. As described in this

application, the Metro Districts operate a dual water distribution system (consisting of potable and non-

potable water delivery systems) and receive their potable water supply from the Town of Windsor.

Applicant seeks to quantify its return flows resulting from use of the non-potable system for irrigation of

lawns, parks, golf courses, and other areas and to fully use, reuse, and successively use those LIRF credits.

The purpose of this claim is to quantify the LIRFs that Applicant is entitled to from non-potable water

delivered in the current and future service areas of the Applicant and to obtain approval to use those LIRFs

for the purposes described in Section 13 below. LIRFs accruing to the Cache la Poudre River will be

calculated based on surface runoff and deep percolation return flow percentages established in the decree

entered in this case. The deep percolation portion of the LIRFs will be quantified based on the "Cottonwood

Curve," first approved in Case No. 81CW142, Water Division 1. LIRFs resulting from the irrigation of

lands within the Poudre Tech MD after storage in the Reservoirs as described in Section 3 above and the

LIRFs resulting from irrigation of lands within the Poudre Tech MD with the Subject Water Rights as

described in Section 5 above will be quantified utilizing the methodology described in the decree in Case

No. 02CW390. 12. Sources of LIRFs. a. B.H. Eaton Ditch Company shares 114 shares in the B.H. Eaton

Ditch Company changed in Case No. 02CW390 and the Subject Shares. b. Whitney shares (Case Nos.

02CW390, 08CW65, and 19CW3226). 60 changed Whitney shares (40 shares changed in Case No.

02CW390, 16 shares changed in Case No. 08CW65, and the 4 shares for which a change is pending in Case

No. 19CW3226). c. Storage Rights decreed in Case No. 02CW391. Water stored in Pelican Lake, Habitat

Lake, Rockbridge Lake, Lake Water Valley (a/k/a South West Lake), Eagle Lake (a/k/a South East Lake),

Raindance Reservoir No. 1, and Raindance Reservoir No. 2. d. Storage Rights decreed in Case No.

04CW346. Water stored in Raindance River Reservoir, Grandpa’s Lake and Shadow Lake. e. Kern

Reservoir One CFS. 1 cfs of water, not to exceed 240 acre-feet of water in any given year, as evidenced by

the Corrected Quitclaim Deed recorded by the Weld County Clerk and Recorder at Reception No. 4495531

to the extent that water is fully consumable and available for use by Applicant as a result of lease or

otherwise from the Town of Windsor. f. Free River. Any water stored in reservoirs described in this

application which was previously diverted under free river conditions. g. Such other fully consumable and

reusable sources of water that the Metro Districts now hold or may hereafter acquire an interest in. 13.

Proposed Uses of LIRFs. The LIRFs quantified herein are those deliveries of the sources described above

that result in both surface return flows and sub-surface return flows. Applicant intends to use LIRFs as they

are captured in the reservoirs described in Section 8 above or accrue to the Cache la Poudre River for: (1)

replacement of return flow obligations associated with the changed water rights described in Sections 12 a.

and b. above; (2) replacement of out-of-priority storage in the reservoirs described in Section 8 above (3)

use as a substitute supply by exchange or substitution pursuant to decreed substitutions and exchanges and

exchanges approved by the State Engineer under then-current statutory authority; (4) as a replacement

source in decreed augmentation plans; and (5) use, reuse, successive use, to extinction for all lawful

purposes, including but not limited to non-potable irrigation in the service area of the Metro Districts or

any use outside of the Metro Districts’ service areas by lease, trade, exchange, sale or such other

arrangement entered into by the Metro Districts. NOTICE TO LANDOWNERS 14. Owners of Land

Upon Which Structures are Located. See Exhibit F. DATED: June 30, 2020. (Application is 10 pages

with 6 exhibits)

44

20CW3094 (1995CW170), Snowstorm Sand & Gravel, LLC. 2510 E. Independence, Suite 300

Shawnee, OK 74804 c/o Evan Ela and Joseph Norris, Collins Cockrel & Cole, P.C., 390 Union Blvd.,

Suite 400, Denver Co 80228, (303) 986-1551; APPLICATION FOR CHANGE OF DECREED

STREAMFLOW QUANTIFICATION POINT BY SNOWSTORM SAND AND GRAVEL COMPANY

in PARK COUNTY. 2. Background. This application seeks to amend the final decree issued by the

District Court, Water Division 1, in Case No. 95CW170 to change the decreed point of streamflow

quantification on Beaver Creek for the Poorman Ditch water right from the location originally determined

in Case No. 95CW170. The state water officials have determined in cooperation with the Applicant that a

new administratively modified location is a superior site to measure streamflow in Beaver Creek, a

meandering and overgrown braided channel impacted by historical dredge and placer mining, for the

purpose of determining the water legally available to the Poorman Ditch water right. No structure exists at

the originally decreed location, but a new measuring structure has been constructed and approved by state

water officials at a more suitable measuring point located approximately 7,000 feet downstream from the

originally decreed location. The new measuring point is located on land owned by the Town of Fairplay,

and was installed pursuant to an irrevocable license for use of the site issued to Snowstorm by the Town of

Fairplay. The Poorman Ditch water right is currently diverted by Snowstorm from the Middle Fork of the

South Platte River. Snowstorm continues to produce gravel and related products from its property near the

point of diversion on the Middle Fork (the Poorman Ditch water right was changed to this diversion location

by the 95CW170 Decree). 3. Water Decree to be Amended. (a) Decree. Issued in case No. 95CW170 on

November 20, 1997, and granting, among other things, a change in the point of diversion for the Poorman

Ditch water right and requiring a determination of water available to the Poorman Ditch priority in Beaver

Creek. (b) Legal Description of the Poorman Ditch. A point on the Middle Fork of the South Platte River

where the Middle Fork of the South Platte River intersects the boundary between Sections 19 and 30,

Township 9 South, Range 77 West, 6th P.M., Park County, Colorado. (c) Appropriation Date. December

31, 1867. (d) Use. Placer mining purposes. (e) Amount. 4.0 cfs. (f) Source. Middle Fork of the South

Platte River, subject to the availability of water in Beaver Creek. 4. Description of the Proposed Change.

No water right is being changed except to the extent that the new administratively modified point of

measurement for quantification of water available to the Poorman Ditch water right will be located as

described below. No other change is sought by this application. (a) Legal Description of the Original

Quantification Point: The original Poorman Ditch streamflow quantification point as described in the

95CW170 Decree is located on Beaver Creek near the NE corner of the SE1/4 of Section 17, Township 9

South, Range 77 West of the 6th Principal Meridian. The location is shown on Attachment A to this

application. No structure exists at this location. (b) Legal Description of the New Administratively

Modified Point/Structure: Snowstorm has installed a measuring flume and recording device at a point on

Beaver Creek in the SE1/4 of the SE1/4 of Section 20, Township 9 South, Range 77 West of the 6th

Principal Meridian, 470 feet from the east section line and 625 feet from the south section line of said

Section 20; UTM coordinates of NAD83 Zone 13, 412432 East and 4344747 North. Both locations are

shown on Attachment A to this application. (c) Calculation to account for change in watershed size above

the modified quantification point: Snowstorm’s water rights engineer, Spronk Water Engineers, has

developed an equation to reduce measured flow at the new modified stream measurement location on

Beaver Creek to account for the ratio in size of contributing watershed at the new location to the size of the

contributing watershed at the original measurement location on Beaver Creek. The area of the contributing

watershed above the originally decreed point of measurement was found to equal 8.5 square miles and the

area of the contributing watershed above the modified point of measurement equals 10.1 square miles,

meaning that the watershed above the original point contains 84% of the contributing watershed area at the

administratively modified point. To adjust the stream flow measured at the modified point, flow

measurements observed or recorded at the modified point will be adjusted downward by multiplying such

measurements by 0.84 to determine the equivalent flow at the originally decreed point of measurement. 5.

Name and address of potentially affected landowners. Town of Fairplay P.O. Box 267 Fairplay, Colorado

80440. (3 pages)

45

AMENDED APPLICATIONS

20CW3000 Holcim (US) Inc., Attn: Michael B. Toelle, 3500 US Highway 120, Florence, CO 81226,

c/o Thomas W. Korver, Petros & White, LLC, 1999 Broadway, Suite 3200, Denver, Colorado 80202, 303-

825-1980. AMENDED APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION. IN

LARIMER COUNTY. 2. Overview. Applicant owns the Boettcher Quarry, located north of Fort Collins

in Township 8 North, Range 69 West, 6th P.M., in Larimer County, Colorado (the “Property”). By this

application, Applicant is seeking a plan for augmentation to augment five ponds associated with former

quarry operations on the Property. 3. Name and Description of Structures to be Augmented. Pond B3,

Pond 2, Pond B, Pond C and Pond A (the “Ponds”) are located in Sections 5, 6, 8, and 17, Township 8

North, Range 69 West, 6th P.M. The locations of the Ponds were obtained using CDSS MapViewer, (UTM

Zone 13, NAD 83). A description of the location and capacities of the Ponds is as follows. A. Pond B3 is

located in the SW1/4 of the SW1/4 of Section 5, Township 8 North, Range 69 West, 6th P.M., the

approximate center of which is at UTM coordinates 487163.0535, 4503934.5603. The capacity of Pond

B3 is 1.4 acre-feet, with a surface area of 0.4 acres. B. Pond 2 is located in the NW1/4 of Section 8,

Township 8 North, Range 69 West, 6th P.M., the approximate center of which is at UTM coordinates

487509.0100, 4503340.2574. The capacity of Pond 2 is 7.3 acre-feet, with a surface area of 1.7 acres. C.

Pond B is located in the NW1/4 of the SW1/4 of Section 8, Township 8 North, Range 69 West, 6th P.M.,

the approximate center of which is at UTM coordinates 487372.2460, 4502717.6112. The capacity of Pond

B is 1.7 acre-feet, with a surface area of 0.5 acres. D. Pond C is located in the SE1/4 of the SW1/4 of

Section 8, Township 8 North, Range 69 West, and the E 1/2 of the NW1/4 of Section 17, Township 8 North,

Range 69 West, 6th P.M., the approximate center of which is at UTM coordinates 487841.2012,

4501752.3640. The capacity of Pond C is 10.5 acre-feet, with a surface area of 2.1 acres. E. Pond A is

located in the NW 1/4 of Section 5, Township 8 North, Range 69 West, and the NE1/4 of Section 6,

Township 8 North, Range 69 West, 6th P.M., the approximate center of which is at UTM coordinates

487146.2751, 4504802.2860. The capacity of Pond A is 1.7 acre-feet, with a surface area of 0.5 acres.

Applicant is not claiming a water right for any of the Ponds by way of the Application in this case.

Applicant is investigating the possible removal or filling of the Ponds when Highway 287 is relocated to

accommodate the future Glade Reservoir. Depletions from the Ponds will impact the Cache la Poudre River

in the NE1/4 of the SW1/4 of Section 33, Township 8 North, Range 69 West, 6th P.M. A map depicting

the location of the Ponds is attached to the Application as Exhibit A, and available for inspection via

Colorado Courts E-filing or the Division 1 Water Court. 4. Water Rights to be Used for Augmentation.

Depletions from the Ponds will be replaced using augmentation water provided by the City of Greeley

pursuant to a March 5, 2019 Augmentation Water Lease Agreement (the Lease”). The Lease provides

Applicant with water from Greeley’s supplies in storage at Milton Seaman Reservoir that are available and

decreed for augmentation, including but not limited to Greeley’s water rights currently decreed for

augmentation use pursuant to the decrees described on Exhibit B attached to the Application, and available

for inspection via Colorado Courts E-filing or the Division 1 Water Court. The decreed location of Milton

Seaman Reservoir is upon Sections 33 and 28, Township 9 North, Range 70 West. The Milton Seaman

Reservoir Dam is presently located in the SW1/4, NE1/4 and SE1/4, NW1/4 of Section 33, Township 9

North, Range 70 West, taking its supply of water from the North Fork of the Cache La Poudre River and

its tributaries originating upstream of Milton Seaman Dam. The location of Milton Seaman Reservoir in

relation to the Ponds is depicted on Exhibit A. Applicant also reserves the right to use additional or

alternative sources of replacement water in this plan for augmentation pursuant to C.R.S. § 37-92-305(8)(c).

5. Complete Statement of Plan for Augmentation. Applicant will augment out-of-priority depletions

from the Ponds with releases of water from Milton Seaman Reservoir. Depletions from the Ponds have

been conservatively calculated to be a total of 9.7 acre-feet annually based upon water-level and

climatological monitoring between June 2016 and November 2017 conducted at the request and meeting

the requirements of the State Engineer. Inflows, outflows, and change in storage were monitored on a daily

basis and summarized on a monthly and annual basis. The depletion amount was calculated as the

maximum net amount of inflow observed over a 12-month period from precipitation and surface water

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runoff entering the Ponds during the monitoring period. Applicant will account the depletions in the same

month that the losses occur by releasing Milton Seaman Reservoir water in accordance with the monthly

replacement schedule provided in Exhibit C. If the Applicant is unable to replace losses from the Ponds

with sufficient Milton Seaman Reservoir water, Applicant will obtain and use other approved fully

consumable sources or pump water from the Ponds pursuant to the monthly schedule in Exhibit C attached

to the Application, and available for inspection via Colorado Courts E-filing or the Division 1 Water Court.

Applicant will submit accounting information to the Division Engineer on an annual basis, or such other

basis as may be reasonably required by the State or Division Engineer. 6. Name(s) and address(es) of

owner(s) or reputed owners of the land upon which any new diversion or storage structure, or

modification to any existing diversion or storage structure is or will be constructed or upon which

water is or will be stored, including any modification to the existing storage pool. The Ponds are

located on land owned by the Applicant. WHEREFORE, Applicant respectfully requests that this Court:

(1) find that there will be no injury to any owner of, or person entitled to use, water under a vested water

right or conditionally decreed water right as a result of Applicant's requested plan for augmentation; (2)

approves the plan for augmentation; and (3) grants such other relief to the Applicant as the Court deems

just and proper.

20CW3053, CITY OF BOULDER (“City” of “Boulder”), c/o Kim Hutton, P.E., Water Resources

Manager, P.O. Box 791, Boulder, Colorado 80306-0791, Telephone: (303) 441-3200, email:

huttonk@bouldercolorado.gov. Attorneys: Jessica L. Pault-Atiase, CITY OF BOULDER, COLORADO,

OFFICE OF THE CITY ATTORNEY, P. O. Box 791, Boulder, Colorado 80306-0791, Telephone: (303)

441-3020, email: pault-atiasej@bouldercolorado.gov and Douglas M. Sinor, Esq., TROUT RALEY, 1120

Lincoln Street, Suite 1600, Denver, Colorado 80203, Telephone: (303) 861-1963, email:

dsinor@troutlaw.com, AND COUNTY OF BOULDER (“County”). c/o Audrey Butler, BOULDER

COUNTY PARKS AND OPEN SPACE DEPARTMENT, Water Resources Program Supervisor, 5201 St.

Vrain Road, Longmont, Colorado 80503, Telephone (303) 682-6775, email: abutler@bouldercounty.org.

Attorneys Gilbert Y. Marchand, Jr., Cynthia F. Covell, Andrea L. Benson, ALPERSTEIN & COVELL,

PC, 1600 Broadway, Suite 1070, Denver, Colorado, 80202, Telephone: (303) 894-8191, email:

gym@alpersteincovell.com; cfc@alpersteincovell.com, alb@alpersteincovell.com. FIRST AMENDED

AND RESTATED APPLICATION FOR APPROVAL OF CONDITIONAL WATER STORAGE RIGHT

AND CONDITIONAL APPROPRIATIVE RIGHTS OF SUBSTITUTION AND EXCHANGE, IN

BOULDER COUNTY, COLORADO. 1. Name, Mailing Address, Email Address and Telephone Number

of Applicant: As above. 2. Introduction: By this amendment to the application (“Amended Application”),

the City and County seek approval of a conditional water storage right for Panama Reservoir. In addition,

the City seeks approval of conditional appropriative rights of substitution and exchange on Boulder Creek

and its tributaries. The water storage right and the exchanges will meet some of the City’s needs for

additional fully consumable water and will operate in coordination with the City’s water rights decreed in

Case No. 2016CW3160. The sources of supply for the exchanges will be water released from storage in

Panama Reservoir to Boulder Creek under the conditional water storage right claimed herein and other fully

consumable supplies owned or controlled by the City and stored in Panama Reservoir for direct diversion

and storage further upstream on Middle Boulder Creek and North Boulder Creek for all municipal and

related purposes. The water storage right will also be used as a source of irrigation supply for the City’s

open space lands. The County will use the water storage right for irrigation of County open space lands, as

an additional augmentation and replacement supply, and for fish and wildlife purposes. The County’s

interests in this Amended Application are limited to a joint interest in the water storage right, together with

the City. The City shall be the sole applicant for the conditional appropriative rights of substitution and

exchange and the County shall have no rights or claims whatsoever to the City’s water stored in Panama or

used by exchange. 3. Description of Conditional Water Storage Right: a. Name of Reservoir: Panama

Reservoir Enlargement. b. Legal Description: Panama Reservoir No. 1 (a.k.a. Six Mile Reservoir No. 2) is

located primarily in Section 35, Township 2 North, Range 69 West, 6th P.M., Boulder County, as depicted

on the map attached to the application as Exhibit A; the center of said reservoir generally located at 105°

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5’ 0.76”W and 40° 5’ 40.90” N. The outlet is located on the east side of said Section 35, T2N, R69W and

is also depicted on Exhibit A. Water will be released to Boulder Creek through the proposed Release

Structure described in Section 4(b)(1) and depicted on Exhibit B. c. Source: Boulder Creek and Goose

Creek. d. Filling Structure: The Panama Reservoir is filled via (i) the Boulder and White Rock Ditch, with

a diversion structure located on the north side of Boulder Creek in Section 30, Township 1 North, Range

70 West, 6th P.M., Boulder County, east of the Twelfth Street Bridge in the City of Boulder, and (ii) the

Leggett Ditch, with a diversion structure located on the east bank of Boulder Creek at a point from whence

the east quarter corner of Section 18 in Township 1 North, Range 69 West, 6th P.M., Boulder County bears

south 11° 45’ east 785 feet. e. Date of Appropriation: April 23, 2020, on which date there was a concurrence

of intent to appropriate and overt acts in furtherance of such intent, including, without limitation, the filing

date of this Application. f. Amount: 4,713 acre-feet, new conditional enlargement. The rate of diversion in

cubic feet per second for filling the reservoir is 134.13 c.f.s. through the Boulder and White Rock Ditch,

conditional; and 65 c.f.s. through the Leggett Ditch, conditional. g. City’s Uses of Panama Reservoir

Enlargement Water Storage Right: i. All municipal purposes, including, without limitation, domestic,

storage, irrigation, commercial, industrial, power generation, fire protection, recreation, fish and wildlife

preservation and propagation, exchange, substitution, augmentation, replacement and recharge, within the

City of Boulder service area and outside the Boulder service area for such extra-territorial customers as the

City may serve from time to time pursuant to City Charter and contracts; irrigation of open space lands

owned or controlled by the City. ii. Reuse and Successive Use: The City claims the right to make a fully

consumptive first use of the water and to use, reuse and successively use and dispose of the water to

extinction for the purposes described in this Amended Application. The City has a specific plan and intent

to divert, store or otherwise capture, possess and control a specific quantity of water for the specific

beneficial uses described above, including reuse and successive use by exchange as claimed in this

Amended Application. The City will quantify return flows from municipal indoor use of the Panama

Reservoir Enlargement water storage right using the methodology decreed for Boulder in Case No.

2015CW3047, District Court, Water Division 1, corrected decree entered February 23, 2018. h. County’s

Uses of Panama Reservoir Enlargement Water Storage Right: i. Irrigation of open space lands owned or

controlled by the County; augmentation and replacement purposes; and fish and wildlife preservation and

propagation. i. Structure Details: i. Surface Area of High Water Line: The exact parameters of the enlarged

storage structure(s) will not be known until final design and construction is completed, but are initially

estimated to be 380 acres. ii. Vertical Height of Main Enlarged Dam: 51 feet. iii. Length of Dam: 10,000

LF. j. Total Capacity of Reservoir in Acre-Feet: The exact parameters of the enlarged storage structure will

not be known until final design and construction is completed. 4. Description of Conditional Substitution

and Exchange: Pursuant to Sections 37-80-120, 37-83-104 and 37-92-302(1)(a), C.R.S., the City seeks

adjudication of appropriative rights of substitution and exchange on Boulder Creek, Middle Boulder Creek,

and North Boulder Creek, whereby water attributable to the Panama Reservoir Enlargement water storage

right and other fully consumable supplies owned or controlled by the City will be released from Panama

Reservoir and delivered to Boulder Creek to supply downstream appropriators, and an equivalent amount

of water will be diverted from (i) Middle Boulder Creek and its tributaries at Barker Meadow Reservoir,

Boulder City Pipeline #3, and/or Skyscraper Reservoir; and (ii) North Boulder Creek and its tributaries at

Lakewood Pipeline, Silver Lake Pipeline, Silver Lake Reservoir, Island Lake, Goose Lake, Lake Albion,

Green Lakes Reservoir #1, Green Lakes Reservoir #2, Green Lakes Reservoir #3, Green Lakes Reservoir

#4 and/or Green Lakes Reservoir #5, for direct use or for storage for subsequent use by the City for the uses

described in Section 4(h), below. a. Exchange Reaches: The lower terminus of the exchange is the Release

Structure, as described more particularly below. i. Middle Boulder Creek Exchange. The upper terminus of

the substitution and exchange reach on Boulder Creek/Middle Boulder Creek is Skyscraper Reservoir. ii.

North Boulder Creek Exchange. The upper termini of the substitution and exchange reach on Boulder

Creek/North Boulder Creek are Goose Lake and Green Lakes Reservoir #5. iii. The individual exchange

locations are described in more detail below. b. Exchange-From Location (Boulder County, Colorado): i.

Release Structure: The City will release water through the Panama Reservoir outlet to Release Structure

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No.6 for delivery to Boulder Creek. The proposed location for Release Structure No. 6 is described below

and depicted on Exhibit B.

LAT/LONG UTM zone 13N

Structure x_coord y_coord Easting Northing

Release Structure No. 6

-105.0560561 40.0914679 495221.459 4437910.851

The proposed location for Release Structure No. 6 was decreed in Case No. 2016CW3160. The City plans

to operate the exchanges sought in this Amended Application in coordination with the exchanges decreed

in Case No. 2016CW3160. c. Exchange-To Locations Middle Boulder Creek (all in Boulder County,

Colorado): i. Boulder City Pipeline #3: The pipeline intake from Barker Reservoir, located at a point whence

the northwest corner of Section 17, Township 1 South, Range 72 West, 6th P.M., bears North 16°04' West

a distance of 1920± feet. ii. Barker Meadow Reservoir: Barker Meadow Reservoir is located on the

mainstem of Middle Boulder Creek in the W1/2 of Section 17 and in Section 18, Township 1 South, Range

72 West, of the 6th P.M. and in the E1/2 of Section 13, Township 1 South, Range 73 West, of the 6th P.M.

iii. Skyscraper Reservoir: Skyscraper Reservoir is located in the SW1/4 SE1/4, Section 16, Township 1

South, Range 74 West of the 6th P.M. d. Exchange-To Locations North Boulder Creek (all in Boulder

County, Colorado): i. Lakewood Pipeline: The pipeline intake from Lakewood Reservoir, also known as

Headgate No. 1 of the Boulder City Pipeline (Lakewood Pipeline) is located at a point whence the southeast

corner of Section 1, Township 1 South, Range 73 West of the 6th P.M., bears South 3°15’ East a distance

of 2,300 feet. ii. Silver Lake Pipeline: Headgate No. 3 of the Boulder City Pipeline, located at a point

whence the NW corner of Section 34, Township 1 North, Range 73 West of the 6th P.M., bears North

77°35' West a distance of 1076+ feet. iii. Silver Lake Reservoir: Silver Lake Reservoir is located in Sections

20, 21, 28 and 29 of Township 1 North, Range 73 West, 6th P.M. iv. Island Lake: Island Lake is located in

Sections 20 and 29, Township 1 North, Range 73 West, 6th P.M. v. Goose Lake: Goose Lake is located in

Section 19 and 30, Township 1 North, Range 73 West, 6th P.M. vi. Lake Albion: Lake Albion is located in

Section 18, Township 1 North, Range 73 West, 6th P.M. vii. Green Lakes Reservoir #1: Green Lakes

Reservoir #1 is located in Section 18, Township 1 North, Range 73 West, 6th P.M. viii. Green Lakes

Reservoir #2: Green Lakes Reservoir #2 is located in Section 18, Township 1 North, Range 73 West, 6th

P.M. ix. Green Lakes Reservoir #3: Green Lakes Reservoir #3 is located in Section 18, Township 1 North,

Range 73 West, 6th P.M. x. Green Lakes Reservoir #4: Green Lakes Reservoir #4 is located in the

Northwest Quarter of the Northwest Quarter of Section 18, Township 1 North, Range 73 West of the 6th

P.M. and the North Half of the Northeast Quarter of Section 13, Township 1 North, Range 74 West of the

6th P.M. xi. Green Lakes Reservoir #5: Green Lakes Reservoir #5 is located in the Southeast Quarter of the

Northwest Quarter and the North Half of the Southwest Quarter of Section 13, in Township 1 North of

Range 74 West of the 6th P.M. A map showing the approximate locations of the above-described structures

and the substitution and exchange reaches is attached to the application as Exhibit C. e. Water and Water

Right to be Used for Substitution and Exchange: The sources of substitute water supply for the exchanges

are the Panama Reservoir Enlargement water storage right, as more particularly described in Section 3

above, and fully consumable water rights and return flows from the indoor use of those water rights owned

or controlled by the City more particularly described as follows: i. Windy Gap Project: Windy Gap Project

water, a transmountain water diversion project that delivers water from the Colorado River Basin to the

South Platte River Basin. The City owns a Water Allotment Contract with the Municipal Subdistrict of the

Northern Colorado Water Conservancy District, a political subdivision of the State of Colorado, for 37 units

of Windy Gap Project water. The water rights for the Windy Gap Project consist of the Windy Gap Pump,

Pipeline and Canal, Windy Gap Pump, Pipeline and Canal First Enlargement, Windy Gap Pump, Pipeline

and Canal Second Enlargement, and Windy Gap Reservoir. These water rights were originally decreed in

Civil Action No. 1768, Grand County District Court, on October 27, 1980, and in Case Nos. W-4001 and

80CW108, District Court, Water Division No. 5, on October 27, 1980. Windy Gap Project water is

introduced, stored, carried and delivered in and through the components of the Colorado-Big Thompson

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Project. The sources of water for the Windy Gap Project are the Colorado River and Willow Creek, a

tributary of the Colorado River. 1. The return flows attributable to the indoor use of the City’s 37 Windy

Gap units were previously quantified in the decrees entered in the following cases: Case No. 1990CW193,

District Court, Water Division No. 1, on December 20, 1993; Case No. 1994CW285, District Court, Water

Division No. 1, on December 22, 1997; Case No. 1994CW284, District Court, Water Division No. 1, on

May 8, 2000; and Case No. 2008CW163, District Court, Water Division No. 1, on January 11, 2011. ii.

Municipal Water Rights Decreed to Barker Meadow Reservoir: 1. 1999CW217 Decree Barker Storage

Rights: Water diverted pursuant to the water rights decreed to the Barker Meadow Reservoir in Case No.

1999CW217, District Court, Water Division No. 1, on April 5, 2013, which rights are more particularly

described as follows: a. Legal description: Barker Meadow Reservoir is located on the mainstem of Middle

Boulder Creek, in the West 1/2, Section 17, and in Section 18, Township 1 South, Range 72 West of the

6th P.M., and in the East 2 of Section 13, Township 1 South, Range 73 West of the 6th P.M., Boulder

County, Colorado. b. Source: Middle Boulder Creek, a tributary of Boulder Creek. c. Date of appropriation:

November 17, 1999. d. Amount: 3,687 acre-feet per year fill, CONDITIONAL; 1,307 acre-feet per year

refill, CONDITIONAL. e. Use: All municipal purposes including, without limitation, domestic, irrigation,

commercial, industrial, power generation, fire protection, recreation, fish and wildlife preservation and

propagation, exchange, substitution, augmentation, replacement and recharge, within the Boulder service

area and outside the Boulder service area for such extra-territorial customers as Boulder may serve from

time to time pursuant to City Charter and contracts. Such use shall include the right to make a fully

consumptive first use of the water and to use, reuse and successively use the water to extinction for the

purposes described in the foregoing sentence. f. The return flows attributable to the indoor use of the

1999CW217 Decree Barker Storage Rights were previously quantified in the decree entered in Case No.

2015CW3047, District Court, Water Division No. 1, corrected decree entered on February 23, 2018. 2.

2015 Barker Storage Rights: Water diverted pursuant to the water rights decreed for Barker Meadow

Reservoir in Case No. 2015CW3175, District Court, Water Division No. 1, on January 16, 2019, which

rights are more particularly described as follows: a. Legal Description: Barker Meadow Reservoir is located

on the mainstem of Middle Boulder Creek in the W1/2 of Section 17 and in Section 18, Township 1 South,

Range 72 West, of the 6th P.M. and in the E1/2 of Section 13, Township 1 South, Range 73 West, of the

6th P.M. b. Source: Middle Boulder Creek, a tributary of Boulder Creek. c. Dates of Appropriation: May

21, 2014 and March 24, 2015. d. Amounts: 905.24 acre-feet and 1,054.07 acre-feet, Absolute. e. Uses: All

municipal purposes, including, without limitation, domestic, storage, irrigation, commercial, industrial,

power generation, fire protection, recreation, fish and wildlife preservation and propagation, exchange,

substitution, augmentation, replacement and recharge, within the Boulder service area and outside the

Boulder service area for such extra-territorial customers as Boulder may serve from time to time pursuant

to City Charter and contracts. Such use shall include the right to make a fully consumptive first use of the

water and to use, reuse and successively use the water to extinction for the purposes described in the

foregoing sentence. f. The methodology for quantifying return flows attributable to the indoor use of the

2015 Barker Storage Rights was decreed in Case No. 2015CW3175. iii. Lower Boulder and Baseline Water

Rights: Water rights represented by the City’s ownership of 7 shares of the preferred capital stock and 10

shares of the common capital stock of the New Consolidated Lower Boulder Reservoir and Ditch Company

and its pro-rata share of the water rights decreed to Baseline Reservoir represented by 11.265 shares of

stock of the Base Line Land and Reservoir Company decreed for the alternate uses in Case No.

1994CW284, District Court, Water Division No. 1, entered on May 8, 2000. The Lower Boulder and

Baseline Water Rights are more fully described as follows: 1. Description of Lower Boulder Ditch Water

Rights: The New Consolidated Lower Boulder Reservoir and Ditch Company (“New Lower Boulder

Company”) is a mutual ditch company. The New Lower Boulder Company operates the Lower Boulder

Ditch. The following water rights are decreed to the Lower Boulder Ditch: a. Date, Case No. and Court:

June 2, 1882, Civil Action No. 1282, District Court in and for Boulder County. b. Decreed Point of

Diversion: The headgate of the Lower Boulder Ditch is located on the south bank of Boulder Creek at a

point in the SW1/4 SW1/4, Section 16, Township 1 North, Range 69 West, 6th P.M., Boulder County,

Colorado. c. Source: Boulder Creek. d. Appropriation Dates and Amounts: October 1, 1859 for 25.0 cfs;

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June 1, 1870 for 97 cfs. 2. Description of Baseline Reservoir Water Rights: The Base Line Land and

Reservoir Company (“Base Line Company”) is a mutual ditch company with 553 shares of stock

outstanding. The Base Line Company operates Baseline Reservoir. The following water rights are decreed

to Baseline Reservoir: a. Dates, Case Nos. and Court: June 21, 1926, Civil Action No. 6672; January 9,

1935, Civil Action No. 6672 (supplemental decree); September 28, 1953, Civil Action No. 12111; all

Boulder County District Court. b. Decreed Point of Diversion: Baseline Reservoir is located in Sections 2

and 3, Township 1 South, Range 70 West, 6th P.M., and in Sections 34 and 35, Township 1 North, Range

70 West, 6th P.M., all in Boulder County, Colorado. Water has historically been diverted into Baseline

Reservoir from Boulder Creek, Bear Creek and South Boulder Creek at the following points: i. A point on

the south or east bank of Boulder Creek near the east line of the NE1/4 NE1/4, Section 35, Township 1

North, Range 71 West, 6th P.M., Boulder County, Colorado. The structure is known as the Anderson Ditch.

ii. A point on the south bank of Bear Creek in the SW1/4 SE1/4, Section 5, Township 1 South, Range 70

West, 6th P.M., Boulder County, Colorado. The structure is known as the Anderson Extension Ditch. iii. A

point on the east bank of South Boulder Creek in the SW1/4 SW1/4, Section 3, Township 1 South, Range

70 West, 6th P.M., Boulder County, Colorado. The structure is known as the New Dry Creek Carrier and

the Enterprise Ditch. c. Source: Boulder Creek, Bear Creek and South Boulder Creek. d. Appropriation

Dates and Amounts: November 4, 1904 in the amount of 2,929.9 acre-feet; November 29, 1922 in the

amount of 1,671.7 acre-feet; November 30, 1935 in the amount of 847 acre-feet; December 31, 1929 in the

amount of 1,395 acre-feet (refill). 3. The return flows attributable to the indoor use of the City’s Lower

Boulder and Baseline Water Rights were previously quantified in the decree entered in Case No.

1994CW284, District Court, Water Division No. 1, on May 8, 2000. iv. North Boulder Farmers Water

Rights: Fully consumable water that is available to Boulder from water rights represented by the City’s

ownership of 656.2 shares of stock in North Boulder Farmers Ditch as these shares and rights are decreed

for the alternate uses in Case No. 1994CW285, District Court, Water Division No. 1, entered on December

22, 1997. Return flows from indoor municipal use of such rights were quantified in the Case No.

1994CW285 decree. The North Boulder Farmers Water Rights are more fully described as follows: 1.

Description of Water Rights: The North Boulder Farmers Ditch Company is a mutual ditch company with

5,712 shares of stock outstanding. The North Boulder Farmers Ditch Company operates the North Boulder

Farmers Ditch. The following water rights are decreed to the North Boulder Farmers Ditch: a. Dates, Case

Nos., and Court for Previous Decrees: June 2, 1882, Original Adjudication of Water Rights in Water District

6, District Court in and for Boulder County; June 9, 1914, Case No. 6582, District Court in and for Boulder

County. b. Decreed Point of Diversion: The decreed point of diversion for the North Boulder Farmers Ditch

is on the north bank of Boulder Creek in the SW1/4 SW1/4, Section 30, Township 1 North, Range 70 West

of the 6th P.M., commonly known as the 12th Street Bridge Headgate at the intersection of Broadway with

Boulder Creek, between Canyon Boulevard and Arapahoe Avenue in the City of Boulder, Colorado. c.

Source: Boulder Creek. d. Appropriation Dates and Amounts: June 1, 1862 for 10.78 c.f.s.; June 1, 1863

for 37.22 c.f.s. v. Wittemyer Ponds Water Storage Right: Water diverted pursuant to the water right decreed

for Wittemyer Ponds in Case No. 2016CW3160, District Court, Water Division No. 1, on March 29, 2020,

which right is more particularly described as follows: 1. Legal Description: The Wittemyer Ponds are

proposed ponds, including existing gravel pit ponds that may be enlarged or reconfigured, that will be lined

to allow storage. The Ponds will be located in portions of the NE1/4 of NW1/4, SE1/4 of NW1/4, NW1/4

of SW1/4, NE1/4 of SW1/4, SW1/4 of SW1/4, and N1/2 of SE1/4 of SW1/4 of Section 1, T1N, R69W, 6th

P.M., Boulder County, Colorado 2. Source: Boulder Creek. 3. Uses: All municipal purposes, including,

without limitation, domestic, storage, irrigation, commercial, industrial, power generation, fire protection,

recreation, fish and wildlife preservation and propagation, exchange, substitution, augmentation,

replacement and recharge, within the City of Boulder service area and outside the Boulder service area for

such extra-territorial customers as the City may serve from time to time pursuant to City Charter and

contracts, and on open space lands owned or controlled by the City. Such use may be fully consumptive.

Instream flow use by the CWCB to preserve to a reasonable degree the natural environment in South

Boulder Creek between an enlarged Gross Reservoir and the confluence with Boulder Creek. 4.

Appropriation Dates and Amounts: December 27, 2017 for 2,000 acre-feet with one refill,

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CONDITIONAL. 5. The methodology for quantifying return flows attributable to the indoor use of the

Wittemyer Ponds water storage right was decreed in Case No. 2016CW3160. vi. Gross Reservoir

Environmental Pool Water Storage Right: The City of Boulder and the City of Lafayette jointly filed an

application for water storage right in Gross Reservoir in Case No. 2017CW3212, as more particularly

described below. The CWCB was removed as an opposer and added as co-applicant in Case No.

2017CW3212 for the limited purpose of obtaining a decreed right to use water released by Boulder from

the Gross Reservoir Environmental Pool for instream flow purposes in accordance with the Water Delivery

Agreement between Boulder and CWCB dated September 9, 2019. The final determination of the attributes

of this storage right will be made in the decree entered in that case. 1. Legal Description: Gross Reservoir

is an on-stream reservoir that is proposed to be enlarged. The dam of Gross Reservoir is located in Tracts

48 and 49, Township 1 South, Range 71 West of the 6th Principal Meridian (where the north half (N1/2) of

the southeast quarter (SE1/4) of Section 20 of Township l South, Range 71 West of the 6th Principal

Meridian would be located by ordinary survey practices) and creates a reservoir covering parts of Tracts

47, 48, 49, 44, 45, 63, 107, 108, 109 and 110, the south half (S1/2) of the south half (S1/2) of Section 18,

Section 19, Section 30, the south half (S1/2) of the northeast quarter (NE1/4) of Section 25 and the east half

(E1/2) of the southeast quarter (SE1/4) of Section 24, all in Township 1 South, Range 71 West of the 6th

Principal Meridian in Boulder County, Colorado. 2. Source: South Boulder Creek, a tributary of Boulder

Creek. 3. Claimed Uses: Municipal, domestic, commercial, industrial, irrigation, recreational, piscatorial,

wildlife propagation, power generation, fire protection, exchange, replacement, augmentation, and all other

beneficial purposes related to, occurring in or deriving from the operation of the municipal utility, parks,

and open space systems of Boulder and Lafayette, respectively. The water will be released from Gross

Reservoir and conveyed to downstream points of diversion on South Boulder Creek and Boulder Creek for

both immediate use and storage in reservoirs owned and available for use by Boulder and Lafayette. In

addition, CWCB claims instream flow use in South Boulder Creek between Gross Reservoir and the

confluence of South Boulder Creek and Boulder Creek. Boulder and Lafayette assert the right to reclaim

return flows from the use of water stored under the Gross Reservoir Environmental Pool priority and to

totally consume by a first use, reuse, successive use, exchange or other recognized method, all of the water

stored. 4. Claimed Date of Appropriation: February 24, 2010. 5. Claimed Amount: 5,000 acre-feet,

Conditional. 6. Indoor Use Return Flow Quantification: The methodology for quantifying return flows

attributable to the indoor use of the Gross Reservoir Environmental Pool storage right was decreed in Case

No. 2016CW3160. f. Date of Appropriation: April 23, 2020, for exchanges of the Panama Reservoir

Enlargement water storage right, on which date there was a concurrence of intent to appropriate and overt

acts in furtherance of such intent, including, without limitation, the filing date of the original Application.

June 10, 2020, for exchanges of the City’s other water supplies stored in Panama Reservoir, on which date

there was a concurrence of intent to appropriate and overt acts in furtherance of such intent, including,

without limitation, the filing date of this Amended Application g. Amount: The rate of diversion at each of

the above-described facilities by exchange from Release Structure No. 6 shall be the lesser of 100 c.f.s. or

the diversion capacity of the facility, CONDITIONAL. h. Uses of Water Diverted by Substitution and

Exchange: All municipal purposes, including, without limitation, irrigation, industrial and recreational,

within the City of Boulder service area and outside the Boulder service area for such extra-territorial

customers as the City may serve from time to time pursuant to City Charter and contracts, and irrigation of

open space lands owned or controlled by the City. Such use shall include the right to make a fully

consumptive first use of the water and to use, reuse and successively use and dispose of the water to

extinction for the purposes described above. 5. Name(s) and address(es) of owner(s) 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: Panama Reservoir and Boulder and White Rock Ditch:

Boulder and White Rock Ditch and Reservoir Company Boulder and Weld Reservoir Company Six Mile

No. 2 Reservoir Company P.O. Box 1826 Longmont, Colorado 80502 Leggett Ditch and Reservoir

Company P.O. Box 1292 Longmont, CO 80502-1292 Release Structure No. 6: Clyde and Jan Canino 9968

Lookout Rd Lafayette, CO 80026 Extraction Oil & Gas, LLC 370 17th Street Suite 5300 Denver, CO 80202

52

All Other Structures: Co-Applicant, City of Boulder P.O. Box 791 Boulder, CO 80306 WHEREFORE,

Applicants request the Court to enter a decree confirming and approving the water storage right and the

appropriative rights of substitution and exchange described herein. (20 pages)

WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED THE WATER RIGHTS CLAIMED

BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY 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

AUGUST 2020 (forms available on www.courts.state.co.us or in the Clerk’s office) and must be filed as

an Original and include $192.00 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.