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DISTRICT COURT, WATER DIVISION 1, COLORADO MARCH 2016 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 MARCH 2016 for each County affected.

16CW7 CAMP COLORADO CHURCH OF THE BRETHREN, 238 N. Hwy. 67, Sedalia, CO 80135. 303-674-3916. Application to Make Absolute in Whole or in Part in DOUGLAS COUNTY. Date of original decree: 07-28-03 in case 00CW194, WD 1. Subsequent decrees: 10-29-09 in case 09CW155 and 07-23-14 in case 13CW50, both WD1, Camp Colorado Reservoir located SE1/4 NE1/4, S9, T8S, R69W, 6th PM. The center of the dam is at a point which is approximately 1700 ft. from N. and 50 ft. from E. Source: Unnamed tributary of Bear Creek. Appropriation date: 08-30-96. Amount: 4.0 af, Conditional. Date water applied to beneficial use: 05-10. Amount: 1.9 af. Use: Augmentation, replacement, exchange, piscatorial, wildlife propagation, recreational and fire protection. No irrigation. 16CW8 DENNIS G. AND JAYNA M. NIENHUESER, 1418 Road N, York, NE 68467. 402-366-1035. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 04-01-10 in case 07CW147, WD1. Nienhueser Well, 48311-F located NW1/4, NW1/4, S8, T10S, R77W of the 6th PM as a distance 815 ft. from N. and 1225 ft. From W. Subdivision: Foxtail Pines, Lots 265 and 266, Filing (Unit) 2. Source: Groundwater. Appropriation date: 05-23-77. Amount: 5 gpm, Absolute; 10 gpm, Conditional. Depth: 220 ft. Use: Water from Courcier Well No 1 is decreed Absolute for ordinary household purposes inside a single family dwelling and fire protection and Conditional for watering of livestock and domestic animals, irrigation of lawns, gardens and maintenance of a hot tub. 16CW3026 Well Augmentation Subdistrict of the Central Colorado Water Conservancy District (WAS), 3209 West 28th Street, Greeley, Colorado 80634 c/o Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO, 80534 (970)622-8181. APPLICATION TO DELETE MEMBER WELLS FROM AND ADD WELLS TO THE WAS AUGMENTATION PLAN FOR FOR CORRECTION OF WELL LOCATION IN WELD, ADAMS AND MORGAN COUNTIES. 2. Augmentation Plan Deletions. Applicant operates an augmentation plan decreed in Case No. 03CW99 (the Plan). ¶11.1.3 of the decree in Case No. 03CW99 (Decree) allows the deletion of Member Wells from the Plan subject to notice and terms and conditions. The Contracts of 6 Member Wells, hereinafter the “Wells,” shown on Table 1 have been terminated by action of the WAS Board of Directors. Applicant now seeks approval of the Court to delete the Wells from the Plan. Table 1 provides for each Well the 1) Contract No.; 2) WDID; 3) WAS Reach; 4) Owner; 5) future depletions from past pumping in 2003, 2004 and 2005 and pumping authorized in 2013. No pumping was authorized for the 6 wells for the years 2006 through 2012 and no groundwater was diverted.

Table 1-WAS Wells to be Deleted

Contract No. WDID Reach Owner Future Depletions from Authorized

Pumping (ac-ft) [1] 943 0209383 F2 Adams County Commissioners 0.0 166 0205591 B Londell A. Bunting 2.47 864 0205452 F3 Frank L. Boulter, Ila J. Leavy 0.0 292 0207634 F3 Town of Platteville 0.0 916 0208256 F3 Magness Land Holdings LLC 0.0

 

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983 0208417 F3 Bella Farms LLC 0.72 Total 3.19

[1] Represents the depletion amount that will continue to be replaced by WAS from March of 2016 forward. 3. Proposed Terms and Conditions for Deletions. ¶11.1.3 of the Decree requires that “WAS shall continue to replace all out-of-priority depletions caused by predeletion pumping of the well that occurred while the well was covered under the WAS plan or associated substitute supply plan.” White Sands Water Engineers Inc., (WSWE) has computed the total amount of the future depletions from past pumping in 2003, 2004, 2005 and April, 2013 through October, 2015 for each Well as shown in Tables 2-8 attached. Applicant proposes to replace all the depletions Tables 2-8 at any time such depletions are out of priority. Applicant requests the Court approve Exhibit A which is Revised Exhibit 1 to the Decree and which reflects the proposed deletions and additions requested in this application. 4. Augmentation Plan Additions. ¶11.1.2 of the Decree in Case No. 03CW99 allows the addition of Member Wells to the Plan subject to notice and terms and conditions. 5. Structures to be Added and Augmented. 5.1. Decreed Name of Structure to be Added and Augmented. Richter Well No. 3-4081-F, WDID 0207788 (Richter Well). 5.1.1. Name and Address of Well Owner. Magness Land Holdings, LLC, P.O. Box 190, Platteville, CO, 80651. 5.1.2. Decree W-4190. A decree was entered in Water Court, Water Division No. 1, Case No. W-4190 on May 14, 1974 adjudicating Richter Well No. 3-4081-F at a point 1310 feet South of the Northwest Corner of Section 13 on the West Section line of Section 13, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado, in the amount of 2.72 c.f.s with an appropriation date of May 13, 1963 for irrigation of 311.4 acres NW1/4 and W1/2 of the NE1/4 of Section 13, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado and the E1/2 of the NE1/4 of Section 14, Township 3 North, Range 67 West of the 6th P.M., Weld County Colorado. Exhibit 1. 5.1.3. WAS Contract 917. Richter Well will be covered by WAS Contract 1141, Exhibit 2. 5.1.4. Correction of Well Location. As a result of an investigation by Applicant, the actual location of the Richter Well is in SE1/4 of the NE1/4, Section 14 Township 3 North, Range 67 West, 1,524 feet from the North Section line and 190 feet from the East Section line of Section 14. Applicant seeks to decree Richter Wells at its actual location.5.2. Decreed Name of Structure to be Added and Augmented. Wagner Well No. 1-R-11720, WDID 0208475 (Wagner Well). 5.2.1. Name and Address of Well Owners. Greg and Sheree Johnson, 22455 WCR 49, LaSalle, Colorado 80645. 5.2.3. Decree W-1630. A decree was entered in Water Court, Water Division No. 1, Case No. W-1630 on August 29, 1974 adjudicating Wagner Well No. 1-R-11720 in the SW1/4 SE1/4, Section 10, Township 4 North, Range 65 West of the 6th P.M., Weld County, Colorado at a point 200 feet North and 10 feet East of the S1/4 corner of Section 10, in the amount of 2.2 c.f.s with an appropriation date of June 20, 1954 for irrigation of 160 acres in the SE1/4 of Section 10, Township 4 North, Range 65 West of the 6th P.M. Exhibit 3. 5.2.3. WAS Contract 1411. Wagner Well will be covered by WAS Contract 1141, Exhibit 4. 5.3. Decreed Name of Structure to be Added and Augmented. Tuttle Well No. 2-6101-F, WDID 0208414 (Tuttle Well). 5.3.1. Name and Address of Well Owner. Bella Farms, LLC, Gary Hendrickson, 13278 WCR 32, Platteville, Colorado 80651. 5.3.2. Decree W-4716. A decree was entered in Water Court, Water Division No. 1, Case No. W-4716 on August 29, 1979 adjudicating Tuttle Well No. 2-6101-F in the SW1/4 SE1/4, Section 7, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado at a point 980 feet North and 2420 feet West of the SE corner of Section 7, in the amount of 2.2 c.f.s with an appropriation date of September 5, 1964 for irrigation of 260 acres in the E1/2 of Section 7, Township 3 North, Range 66 West of the 6th P.M., along with Well No. 4-5460-F. Exhibit 5. 5.3.3. WAS Contract 923. Tuttle Well will be covered by WAS Contract 923, Exhibit 6. 6. Proposed Terms and Conditions. 6.1. The terms and conditions for the Richter Well, Wagner Well and Tuttle Well will be the same as for the other Covered Wells in the Decree. The consumptive use factors will be 60% for flood irrigated acres and 80% for sprinkler irrigated acres. The method for determining future Well depletions will be those set out in the Decree at ¶¶16-19. The wells will be subject to all the terms and conditions for operation as for other Covered Wells in the Decree. 6.2. Net Stream Depletions. Depletions resulting from the consumptive use of groundwater and accretions resulting from deep percolation of groundwater applied for irrigation will be lagged back to the South Platte River or Beebe Draw using the Glover alluvial aquifer method and the following parameters.

 

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6.2.1. Richter Well. Net stream depletions impact the South Platte River. Harmonic Mean Transmissivity (gallons/day/foot) T = 130,550. Specific Yield = 0.2. Total Distance of Alluvial Aquifer Boundary from River W = 10,840 feet. Distance of Well from River X = 730 feet. WAS administrative Reach = F3. 6.2.2. Wagner Well. Net stream depletions impact Beebe Draw. Harmonic Mean Transmissivity (gallons/day/foot) T = 200,000. Specific Yield = 0.2. Total Distance of Alluvial Aquifer Boundary from River W = 3000 feet. Distance of Well from River X = 500 feet. WAS administrative Reach = D. 6.2.3. Tuttle Well. Net stream depletions impact the South Platte River. Harmonic Mean Transmissivity (gallons/day/foot) T = 141,570. Specific Yield = 0.2. Total Distance of Alluvial Aquifer Boundary from River W = 11,790 feet. Distance of Well from River X = 9,430 feet. WAS administrative Reach = F3. 6.3. Out of priority depletions from pumping of the added wells shall be augmented by WAS. 7. Distribution of Future Well Depletions. The Decree requires WAS to distribute well depletions between river reaches. ¶22.2 of the Decree states: “In the event of the addition or deletion of a well under this plan pursuant to ¶¶11.1.2 and 11.1.3, the Court shall approve and order such adjustments to the percentages set forth in ¶¶22.2.1, 22.2.2, and 22.2.4 as necessary to ensure that depletions continue to be replaced at locations necessary to prevent injury.” The addition and deletion of wells in this application does not require adjustment to the percentages used to distribute stream depletions as the wells are located in the same reach and the contract amount is not being changed. 16CW3027 CRYSTAL LAKES WATER AND SEWER ASSOCIATION, c/o Gwen Cook, Manager, 300 Tami Road, Red Feather Lakes, CO 80545 (Please direct all correspondence to Robert F. T. Krassa, Krassa & Miller, LLC; Attorney for Applicant, 2737 Mapleton Ave., Suite 103, Boulder, CO 80304-3836, 303-442-2156. Application for Finding of Reasonable Diligence LARIMER COUNTY, COLORADO 2. Name of Structure: Upper Lone Pine Lake, (First Enlargement) a reservoir; Lower Lone Pine Reservoir decreed as alternate storage location by decree of this Court in Case 09CW185 entered November 22, 2011, which decree is incorporated herein by this reference. 3. Describe Conditional Water Right: a. Date of Original Decree: January 21, 1980, Case W-9287-78; Court: District Court, Water Division No. b. List all subsequent decrees awarding findings of diligence: (all in this Court): 83CW236 entered April 29, 1987; 87CW209 entered August 26, 1988,; 94CW126 entered March 25, 1995; 01CW36 entered March 27, 2002; and 08CW129 entered March 22, 2010. c. Location of structure as decreed in said Case W-9287: SE1/4 NE1/4, Section 23, Township 10 North, Range 74 West of the 6th P.M., Larimer County. Dam axis begins at a point which bears S 06 degrees 10' W, 1570 feet from the NE Corner of said Section 23. d. The source of the water: North Fork of Lone Pine Creek, tributary to North Fork Cache la Poudre River, tributary to South Platte River. e. The date of appropriation: June 30, 1975 f. The amount of water: 25.48 acre feet CONDITIONAL decreed in Case W-9287 in addition to the 93.73 acre feet CONDITIONAL decreed in Case W-7633-74. g. The use of the water: Municipal, irrigation, recreation, fish and wildlife propagation, and all other beneficial purposes, including the replacement by direct exchange of stream depletions caused by well pumping for the above purposes. h. Alternate storage location. The above information is from the decree in said case W-9287. On November 22, 2011, this Court issued its Decree in Case 09CW185 approving the site of Lower Lone Pine Reservoir as an alternate storage location for the original, first and second enlargement storage rights of Upper Lone Pine reservoir. That location is described in said decree as follows: The axis of the dam for the enlarged reservoir will cross the thread of Lone Pine Creek at a point which is 485 feet from the east line and 1270 feet from the south line of Section 7, Township 10 North, Range 73 West of the 6th P.M. in Larimer County as shown on map attached as Exhibit A. Said decree in 09CW185 did not change the other information provided above. 4. Provide a detailed outline of what has been done toward completion or for completion of appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: Planning, investigations, litigation and negotiations for protecting the water rights necessary to the implementation of the water development plan for Applicant's service area have been continuing since the last diligence decree concerning the subject water right. In addition, the following steps have been accomplished during the diligence period which relate specifically to the subject water right. The application filed with this Court in Case 09CW185 requesting that the site

 

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of the decreed Lower Lone Pine Reservoir be designated as an alternate place of storage for the original, first and second enlargement water storage rights for Upper Lone Pine Reservoir was granted by the decree entered by this Court on November 22, 2011. Preliminary reservoir design engineering was completed by States West Water Resources Corp. of Cheyenne, Wyoming. Water resources engineering was completed by Anderson Consulting Engineers, Inc. of Fort Collins. A construction loan in total amount of $2,016,460 was obtained from the Colorado Water Conservation Board (“C.W.C.B.”). A Clean Water Act Sec. 404 Permit was issued by the Corps of Engineers on November 16, 2010. Construction of the enlarged Lower Lone Pine Reservoir to a capacity of 105.6 acre feet was completed in early 2015. During the diligence period, Applicant spent over $400,000 in addition to the C.W.C.B. loan on construction, engineering, purchases of necessary property and legal and engineering expenses. Applicant has in all respects diligently worked toward placing the subject water right to beneficial use. 5. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure or modification to any existing diversion or storage structure necessary for the subject rights is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Applicant. 16CW3028 Bullseye Holdings, LLC, an Arizona limited liability company, PO Box 609, Queen Creek, AZ 85142, through their attorneys: Petrock & Fendel, P.C., Frederick A. Fendel, III, Atty. Reg. #10476, Matthew S. Poznanovic, Atty. Reg. #29990, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702. APPLICATION FOR PLAN FOR AUGMENTATION, IN MORGAN COUNTY 2. Summary of augmentation plan: Bullseye Holdings, LLC owns a commercial feedlot located at 16098 Morgan County Road 0, Fort Morgan, served by the Bullseye 3T well, described below. Depletions from pumping the well, including remaining depletions from past pumping, will be replaced by recharge leased from Fort Morgan Water Company, Ltd. 3. Structure to be augmented: 3.1 Bullseye 3T Well, Well permit no. 15098-F, WDID 0108634. 3.1.1 Location: in the SE1/4SW1/4, section 26, Township 3 North, Range 58 West, 6th PM, Morgan County, 1036 feet from the south section line and 2610 feet from the west section line, UTM coordinates Northing (UTM y) 4451241.2, Easting (UTM x) 598721.4. 3.1.2 Priority date: 7/25/1970, decreed 12/31/1972 in Case No. W-4561. 3.1.3 Amount: 0.66 cfs 3.1.4 Use: Commercial feedlot. 4. Source of augmentation water: Fort Morgan Water Company, Ltd. leases excess recharge credits available under the recharge plan decreed in Case No. W-2692 pursuant to a lease dated August 2, 1991. Fort Morgan Water Company, Ltd. leased up to 50 acre feet per year to Bullseye by a 2016 lease. The water rights under which leased water is available are: 4.1 W-2692. Fort Morgan Reservoir and Irrigation Company’s plan for augmentation using recharge under various rights decreed to the Fort Morgan Canal, and recharge and direct releases from Jackson Lake. Pursuant to paragraph 26.G of the decree, excess recharge and augmentation credits may be leased to others. 4.1.1 Point of diversion: Fort Morgan Canal, located on the south bank of the South Platte River at a point 23 chains north and 5 chains west of the SE corner of Section 31, Twp. 5 North, Range 59 West, 6th PM, Morgan County; 4.1.2 Source: South Platte River; 4.1.3 Date of appropriation: May 19, 1972; 4.1.4 Amount: 323 cfs; 4.1.5 Use: recharge and augmentation purposes. 4.2 Jackson Lake. 4.2.1 Prior Decrees: Originally decreed January 15, 1914, Case No. 2142, Weld County District Court for 30,992 acre-feet; Originally decreed May 11, 1915, Case No. 16704, Weld County District Court for 4,637 acre-feet; Originally decreed June 8, 1965, Weld County District Court for 8,269.92 acre-feet. 4.2.2 Priority: Priority 20 dated May 18, 1901; Priority 20R dated December 31, 1921; 4.2.3 Uses: Originally for irrigation; Subsequently changed in several decrees for augmentation, replacement of out of priority depletions.4.2.4 Point of Diversion: The headgate of the Jackson Lake Inlet Canal is located at a point on the north bank of the South Platte River 900 feet south and 200 feet west of the center of the Southeast 1/4, §18, T4N, R61W, 6th P.M. The inlet extends thence easterly about 10 miles to the reservoir. Jackson Lake reservoir is located in Sections 10, 13, 14, 15, 16, 21, 22, 23, 24, 26, and 27 all in T5N, R60 W, 6th P.M., Morgan County, Colorado; 4.2.5 Source: South Platte River 5. Statement of plan for augmentation: The Bullseye 3 T well will be used for all uses associated with the operation of its feedlot, including stockwatering, washing equipment and vehicles, and related uses. The amount and timing of depletions

 

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will be calculated, and well pumping will be limited to that amount for which all depletions can be replaced by the leased sources. Applicant estimates pumping will be limited to approximately 50 acre feet per year using only the presently leased sources. Procedures will be proposed to add augmentation sources. 6. Owner of land on which well is located: Applicant. WHEREFORE, Applicant prays for a decree approving its plan for augmentation to allow continuous operation of its well, and for such additional relief as is justified by the evidence. ( 4 pages) 16CW3029 Rejected application. 16CW3030, Front Range Feedlots, LLC, P.O. Box 517 Eaton, Colorado 80615. Please send correspondence and pleadings to: David P. Jones and Wesley S. Knoll, Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO 80534; Phone: (970) 622-8181; Email: david@ljcglaw.com wes@ljcglaw.com. CONCERNING THE APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE WATER RIGHTS ABSOLUTE IN PART, in LARIMER AND WELD COUNTIES. 2. Conditional Recharge Water Right. 2.1. Name of Structures. Swanson Recharge Pond No. 1. 2.2. Original Decree: Corrected Findings of Fact, Conclusions of Law and Decree of the Water Court, Case No. 06CW114, Water Division No. 1, entered March 30, 2010 2.3. Diversion Point. The headgate of the New Cache la Poudre Irrigating Company Ditch (Greeley Canal No. 2), NE1/4 of the SE1/4 of the SW1/4, Section 11, Township 6N, Range 68 West of the 6th P.M., Weld County, Colorado. 2.4. Source of Water. Cache la Poudre River. 2.5. Appropriation Date. May 14, 2008. 2.6. Amount. 15 c.f.s., conditional. 2.7. Use. Substitution and replacement by augmentation or exchange. 3. Outline of What Has Been Done Toward Completion. 3.1. Applicant has diverted and recharged water for beneficial use in priority at a maximum rate of 13.43 c.f.s. in September, 2013 for use as a substitution and replacement supply in the plan for augmentation decreed in Case No. 06CW114. See Maximum Diversions to Swanson Recharge attached hereto as Exhibit 1. Applicants claim 13.43 c.f.s., absolute. 3.2. Applicant completed the construction of Phase I of the Swanson Recharge Pond No. 1 in the summer of 2010 and completed Phase II of the Swanson Recharge Pond No. 1 in 2011 and 2012. 4. Claim. Applicant seeks to make absolute 13.43 c.f.s. for decreed uses, and to maintain the remaining 1.57 c.f.s. of the water right as conditional. 5. Names(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: Not applicable. The original format of this application is three (3) pages in length plus one (1) exhibit. 16CW3031 Thomas G. Tripp, 11351 Random Valley Circle, Parker, CO 80134 (James Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND WATER RIGHT AND UNDERGROUND WATER RIGHTS FROM NONTRIBUTARYAND NOT NONTRIBUTARY SOURCES IN THE NOT NONTRIBUTARY UPPER DAWSON AND NONTRIBUTARY DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AQUIFERS, DOUGLAS COUNTY, Subject Property: 4.9 acres being Lot 9A-1, Random Valley 1st Amendment, generally located in the NW1/4NW1/4 of Section 21, T7S, R65W of the 6th P.M., Douglas County, as shown on Attachment A hereto (Subject Property). Upper Dawson: 0.6 (does not include 1 acre-foot associated with existing well Permit No. 63897), Lower Dawson: 0.6 acre-feet, Denver: 1.7 acre-feet, Arapahoe: 2.0 acre-feet; Laramie-Fox Hills: 1.3 acre-feet. Uses: Domestic, commercial, irrigation, stockwatering, fire protection and augmentation purposes, including storage, on and off the Subject Property. Request for underground water rights pursuant to Section 37-92-602(4), C.R.S.: Well Permit No. 63897; Priority and Appropriation Date: September 1, 1972; Source and Well Depth: Upper Dawson aquifer/340 feet deep; Amount: 8 gpm/1 acre-foot (absolute); Use: household purposes in one single family dwelling, fire protection, watering of 8 large domestic animals, and irrigation of one acre of home lawn and garden; Legal Description: Located in the NW1/4NW1/4 of Section 21, T7S, R65W of the 6th P.M., Douglas

 

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County, approximately 1200 feet from the north and 900 feet from the west section lines as shown on Attachment A. (Copy of well permit record attached). Further, Applicant prays that this Court grant the application and for such other relief as seems proper in the premises. (6 pages). 16CW3032 (2002CW321) Left Hand Water District (“District” or “Applicant”), c/o Christopher Smith, General Manager, P.O. Box 210, Niwot, Colorado 80544. (303) 530-4200 Scott E. Holwick, Esq., Lyons Gaddis Kahn Hall Jeffers Dworak & Grant, PC, P.O. Box 978, Longmont, CO 80502-0978. APPLICATION FOR A FINDING OF REASONABLE DILIGENCE IN BOULDER COUNTY. 2. Summary of the Application: The Court entered a decree in Case No. 02CW321 on March 19, 2010 for the District’s conditional appropriate right of exchange along a portion of St. Vrain Creek in Boulder County, Colorado. In this application, the District seeks a finding that it has been diligent with respect to completing the appropriation of the conditional exchange described herein, and that it is entitled to continue the conditional exchange for another six-year diligence period. 3. Name of Structure: Left Hand Water District Exchange (“Exchange”). 4. Description of Conditional Exchange: a. Original Decree: The conditional water right was originally decreed in Case No. 02CW321 on March 19, 2010, by District Court, Water Division No. 1, Weld County (“02CW321 Decree”). b. Legal Descriptions of Points of the Exchange: i. Downstream Point: A point on St. Vrain Creek where the St. Vrain Supply Canal delivers Colorado-Big Thompson water (“C-BT water”) to St. Vrain Creek located in the NW1/4, NW1/4 of Section 20, Township 3 North, Range 70 West, 6th P.M., Boulder County, Colorado, at a point located approximately 1,000 feet east of the west line of Section 20 and 750 feet south of the north line of Section 20. ii. Upstream Point: A point on the South Fork of St. Vrain Creek where the Left Hand Ditch headgate is located opposite the head of James Creek in the SE1/4 of Section 36, Township 2 North, Range 73 West, 6th P.M., Boulder County, Colorado. c. Operation of the Exchange: The District may deliver Colorado-Big Thompson project water (“C-BT”) to the Downstream Point identified in (b)(i) above, and divert an equivalent amount of water at the Upstream Point identified in (b)(ii) above. d. Maximum Rate of the Exchange: 50 cfs, CONDITIONAL. e. Source: C-BT water owned by the District pursuant to water allotment contracts between the District and the Northern Colorado Water Conservancy District. f. Appropriation: i. Dates of Appropriation: June 1, 2002 for 30 cfs CONDITIONAL, and December 19, 2002, for 20 cfs, CONDITIONAL. ii. Amount: The Exchange is limited to 2,000 acre feet annually. g. Uses: Municipal use including domestic and industrial use. 5. Status of Conditional Exchange: All portions of the Exchange remain CONDITIONAL. 6. Conditions Imposed upon the Exchange: Pursuant to ¶ 7(a)-(f) of the 02CW321 Decree, the District shall operate the Exchange subject to the following terms and conditions: a. Live Stream. No exchange shall occur unless a live stream exists within the entire reach from the lower end point of the exchange to the upper end point of the Exchange. In order for the Exchange to operate, there must be a minimum flow of 8 cfs between the Upstream Point and the Downstream Point of the Exchange. b. St. Vrain Supply Canal. The Exchange can operate only when the St. Vrain Supply Canal is delivering C-BT water. c. Division Engineer Supervision. Advanced notice of the operation of the Exchange, including the rate and duration of the Exchange, shall be provided by the Applicant to the Water Commissioner for the purpose of determining if the Exchange is in priority or will result in injury to senior water rights. The Applicant shall also provide advanced notice to the City of Longmont, the Left Hand Ditch Company and the Colorado Water Conservation Board. The Exchange shall not be operated without express prior approval from the Water Commissioner and Left Hand Ditch Company. The Applicant shall maintain appropriate accounting forms as required by the Division Engineer. d. Consent from Ditch Company. Left Hand Ditch Company owns the diversion structure at the Upstream Point identified in paragraph 4(b)(ii) above. The Applicant does not assert any ownership of the diversion structure at that point. The District shall obtain the consent, or agreement, of Left Hand Ditch Company prior to diverting water at the Upstream Point. e. Junior to Instream Flows. The Exchange is junior in priority to the Colorado Water Conservation Board’s instream flows on South St. Vrain Creek decreed in Case Nos. 78CW9632, 87CW278 and 87CW283 in District Court, Water Division No. 1. f. Water Quality. Pursuant to C.R.S. § 37-80-120(3), the water delivered at the Downstream Point of the Exchange, identified in ¶ 4(b)(i) above, shall be of a quality and continuity so as

 

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to meet the requirements for which the water has been used by senior downstream appropriators. 7. Claim of Diligence: The District seeks a decree finding that it has been diligent with respect to completing the appropriation of the conditional appropriate right exchange described in ¶ 4, and that it is entitled to continue this CONDITIONAL water right for another six-year diligence period. In support of its claim for diligence, the District completed the following activities during the period from March 19, 2010 through the date of filing of this application (“Diligence Period”): a. Because of the District’s reliance on the use of infrastructure owned by the Left Hand Ditch Company to operate the Exchange, and pursuant to the District’s July 20, 2005 Agreement with the Left Hand Ditch Company, the District has annually appointed its General Manager and two of its Directors to serve as members of the Joint Liaison Committee with their Left Hand Ditch Company counterparts to ensure that, among other common interests, the parties can and will be able to coordinate as necessary to operate the Exchange. While the Joint Liaison Committee has not met each year, during the Diligence Period, one of the District’s Directors concurrently served as a Director of the Left Hand Ditch Company, a District staff member attended all of the Left Hand Ditch Company’s monthly Board of Director meetings, and the District’s General Manager attended all of the Left Hand Ditch Company’s annual meetings. b. To protect the Exchange, the District expended funds and resources to participate in Case No. 09CW152, Water Division No. 1, an application filed by the City of Longmont in which the City sought a finding of diligence for conditional appropriative rights of exchange claimed within a portion of the reach of the Exchange. c. ¶ 16 of the 02CW321 Decree requires the following: “Prior to operating the exchange under this decree, Applicant shall demonstrate that the Left Hand Ditch headgate will be operated to bypass the Colorado Water Conservation Board’s 8 cfs instream flow water right decreed in Case No. 78CW9362 to the satisfaction of the Water Commissioner and Division Engineer. Applicant shall provide notice to the City of Longmont, the Left Hand Ditch Company and the Colorado Water Conservation Board of such demonstration by Applicant and satisfaction by the Water Commissioner and Division Engineer.” During the Diligence Period, the District retained Deere and Ault Consultants, Inc. (“Deere and Ault”) to devise a methodology to operate the Exchange pursuant to the decreed terms and conditions and to the satisfaction of the Water Commissioner and Division Engineer. Deere and Ault submitted a letter with proposed methodology demonstrating the District’s ability to exchange water to the Water Commissioner and Division Engineer on July 5, 2011. In accordance with the 02CW321 Decree, Deere & Ault’s letter was also circulated to counsel for each of the City of Longmont, the Left Hand Ditch Company and the Colorado Water Conservation Board. In response to feedback from the Division Engineer, Deere and Ault submitted revised methodology on August 24, 2011. The Division Engineer approved the District’s demonstration of ability to exchange water on November 10, 2011, satisfying this condition of the 02CW321 Decree. The Division Engineer’s approval letter is attached as Exhibit A. d. Following the Division Engineer’s approval, the District’s engineer created accounting for the Exchange. The District’s engineer has monitored stream conditions on St. Vrain Creek and its tributaries, Left Hand Ditch Company’s water supply conditions, and the District’s water supply and demand conditions such that, at a time when all three conditions warrant, he can follow the approved methodology of initiating the Exchange. All elements to initiate and operate the Exchange are developed and the District is now waiting for hydrologic and supply and demand conditions to align to perfect this conditional water right. 8. 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. The Left Hand Ditch Headgate is owned and operated by Left Hand Ditch Company, c/o Clark Edwards, Registered Agent, 921 Walnut Street Suite 200, Boulder Colorado 80302. b. The St. Vrain Supply Canal is owned by the United States Bureau of Reclamation and operated by Northern Colorado Water Conservancy District c/o Eric Wilkinson, General Manager, P.O. Box 679, Loveland, Colorado 80537. WHEREFORE, the District requests the Court to continue the District’s conditional exchange as described herein for an additional six years.

16CW3033 The Board of County Commissioners of the County of Larimer, c/o Director of Larimer County Road & Bridge, P.O. Box 1190, Fort Collins, CO. 80522. Please send pleadings to: Brent

 

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Bartlett, Fischer, Brown, Bartlett & Gunn, P.C., 1319 E. Prospect Rd, Fort Collins, CO 80525. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN LARIMER COUNTY. 2. Name of Structure. Livermore Community Well. Permit No. 67430-FR, WDID No. 7779. 3. Describe conditional water right including the following information from previous decree: 3.1. Date of Original Decree: Case No. 2008CW31 was decreed on March 8, 2010, District Court, Water Division No. 1, State of Colorado. 3.2. Legal Description/Location of Well: Legal description of well: The well is located in the SW1/4 of the NE1/4 of Section 34, Township 10 North, Range 70 West of the 6th P.M., at a point that is 1,700 feet from the north section line and 1,770 feet from the east section line of said Section 34. 3.3. Source: Ground water tributary to the North Fork of the Cache La Poudre River which is tributary to the Cache La Poudre River and the South Platte River. 3.4. Date of Appropriation: January 31, 2008. 3.5. Amount claimed: 6 a.f. per year at a rate of or 25 g.p.m. CONDITIONAL. 3.6. Uses: Domestic/commercial/quasi-municipal uses including landscape and garden irrigation, municipal, drinking, sanitation, piscatorial, recreation, commercial, truck washing, industrial, livestock watering and fire protection. 3.7. Depth: 15 feet. 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, during the previous diligence period: 4.1. During the diligence period, this well has continually supplied water for residences, the Larimer County Road and Bridge maintenance building, and a restaurant and convenience store. The well has been pumped for its decreed purposes and in accordance with the plan for augmentation decreed in Case No. 08CW31, District Court, Water Division No. 1 (“Original Decree”). Replacement supplies for the operation of the augmentation plan have been released to the river in accordance with the Water Supply and Assignment Agreement dated January 29, 2008 (“ELCO Agreement”) and said ELCO Agreement is incorporated into the original decree as Exhibit A. The ELCO Agreement is in perpetuity. Applicant also recorded the volume of water pumped and reported monthly usage data to the State and Division Engineer. The well pumped an average of approximately 2 a.f. annually. Additional, during the diligence period, Applicant completed the pumping system, and continually operated and maintained the system. The total cost of maintenance, repair and operation during the diligence period was $83,673.86, and operational costs averaged approximately $14,000.00 annually. 4.2. Applicant has demonstrated continued intent and progress toward finalizing this conditional water right and has further shown the conditional decree is being pursued in a manner that confirms that beneficial uses of the remaining 6 a.f. conditional water right can and will occur. 4.3. Applicant reserves the right to assert and demonstrate that during the diligence period other or additional activities have been undertaken or accomplished toward completion of the appropriation. 5. Claim to make absolute, in part – water applied to beneficial use: 5.1. During the months of January, February, March, June, October and December 2014, Applicant pumped the Well a total volume of .714 a.f. The water pumped from the Well was used for the purposes described in Paragraph 3.6 of this Application. 5.2. Applicant claims .714 a.f. ABSOLUTE for the purposes described in Paragraph 3.6, above, and the remaining 5.286 a.f. shall remain CONDITIONAL for said purposes. 5.3. Applicant may be able to prove additional times, rates of diversion and beneficial uses as this case proceeds and reserves the right to do so. Applicant also reserves the right to seek to make any amounts diverted and beneficially used during the pendency of this application absolute as part of this application. 6. Names(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool. Applicant is the owner of the land upon which all structures are located. No new diversion structures or modification to any existing structures will take place. WHEREFORE, Applicant respectfully requests the Court to enter a decree: A. The water rights conditionally decreed in Case No. 08CW31 are made absolute in the amounts claimed and for the uses described in Paragraph 5 above; B. Should the Court determine that any of the conditionally decreed water rights have not been made absolute, that the Court award Applicant an additional six-year diligence period to make such rights absolute, and for such relief as the Court may deem necessary and proper; C. Applicant has diligently exercised due and reasonable diligence during the six years following entry of the decree in Case No. 08CW31, District Court, Water Division No. 1

 

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towards completion or for completion of the portion of the water right that has not yet been perfected, and further demonstrated that it has satisfied the requirements of “can and will”; and D. Applicant further prays that this Court continue in full force and effect the remaining 5.286 a.f. of the conditionally decreed water right that has not been perfected for an additional six-year period, and for such other relief as the Court may deem proper. (5 pages)

16CW3034 (09CW176). Lost Dutchman Creek, Inc., c/o Pete C. Kuyper (“Applicant”) P.O. Box 729, Divide, CO 80814 (719) 687-6011. IN TELLER, DOUGLAS, JEFFERSON AND PARK COUNTIES, COLORADO. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF LOST DUTCHMAN CREEK, INC. DISTRICT COURT, WATER DIVISION NO. 1, STATE OF COLORADO, Weld County Courthouse, 901 9th Street, Greeley, CO 80632. 1. Name, address and telephone number of applicant: Lost Dutchman Creek, Inc., c/o Pete C. Kuyper (“Applicant”) P.O. Box 729, Divide, CO 80814 (719) 687-6011. Direct all pleadings to: Michael F. Browning, Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, Colorado 80302. 2. Name of structures: (a) Woodland Park/Trout Haven Exchange (b) Lost Dutchman Augmentation Pond. 3. Description of conditional water rights: (a) The Woodland Park/Trout Haven Exchange was decreed by the District Court in and for Water Division No. 1 in Case No. 94CW271 on October 18, 1996, for the exchange of fully consumable effluent from the City of Woodland Park’s wastewater treatment plant outfall on Trout Creek located in the SE1/4SW1/4 of Section 2, T.12 S., R. 69 W. of the 6th P.M. down Trout Creek and Horse Creek to the confluence of Horse Creek and the South Platte River located in the NE1/4 of Section 21, T. 9 S., R. 70 W. of the 6th P.M.; then up the South Platte River to the confluence of the South Platte River and Twin Creek located in the SE1/4SE1/4 of Section 30, T. 12 S., R. 71 W. of the 6th P.M.; then up Twin Creek to the confluence of Twin Creek and Lost Dutchman Creek located in the NW1/4SE1/4 of Section 9, T. 13 S., R. 70 W. of the 6th P.M.; then up Lost Dutchman Creek to the Lost Dutchman Augmentation Pond located in the NE1/4NE1/4 of Section 16, T. 13 S., R. 70 W. of the 6th P.M. (the “Exchange”). The Exchange is for 12 acre feet annually, at a maximum exchange rate of 3 cfs. The Exchange has an appropriation date of November 4, 1994. (b) The Lost Dutchman Augmentation Pond was decreed by the District Court in and for Water Division No. 1 in Case No. 94CW271 on October 18, 1996, for 20 acre feet, with an appropriation date of November 4, 1994, for augmentation, replacement, exchange, recreational, piscatorial and wildlife habitat purposes (the “Pond”). The source of water is Lost Dutchman Creek. The Pond will be located in the NE1/4NE1/4 of Section 16, T. 13 S., R. 70 W. of the 6th P.M. (c) Prior findings of reasonable diligence with respect to both the Exchange and the Pond were entered by the District Court in and for Water Division No. 1 in Case No. 02CW257 by decree dated November 13, 2003, and in Case No. 09CW176 by decree dated April 1, 2010. 4. Diligence Activities. Since entry of the last diligence decree, Applicant has undertaken the following specific activities that demonstrate diligence with respect to the subject conditional water rights: (a) Applicant had meetings with representatives of the City of Woodland Park to discuss how to most efficiently and effectively operate and account for the Exchange. (b) Applicant maintained its rights to the transmountain effluent from the City of Woodland Park’s system, which is the source of water for the Exchange and the principal source of water for the Pond. (c) Applicant mapped and obtained GPS coordinates for the various water structures on the property that is the subject to the augmentation plan approved in 94CW272, of which the Exchange and Pond are integral components. (d) Applicant worked with engineers to explore the design of the water system of which the Exchange and Pond will be a part. (e) Applicant met with the local Water Commissioner and developed accounting forms related to Applicant’s water use. (f) Applicant continued development efforts on the subject property, which property will be served using the subject conditional water rights. (4 pages) 16CW3035 Pine Creek Water Development Company, 5937 Greenridge Circle, Fort Collins, Colorado 80525 c/o Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO, 80534, (970)622-8181. APPLICATION FOR FINDING OF REASONABLE

 

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DILIGENCE IN LARIMER COUNTY. 2. Conditional Water Right. 2.1. Name of Structure. Killpecker Pipeline. 2.2. Decrees. Case No., 85CW222, 00CW041, 08CW279 Water Division No. 1. 2.3. Legal Description of Diversion Point. The headgate is located on Killpecker Creek at a point 950 feet West and 200 feet south of the Northeast corner of Section 32, Township 10 North, Range 74 West of the 6th P.M., Larimer County, Colorado. 2.4. Source of Water. Killpecker Creek, Cache La Poudre River. 2.5. Appropriation. August 19, 1985. 3. Amount. 15 c.f.s., conditional. 4. Use. Domestic, municipal, commercial and irrigation of 150 acres, conditional, in the Red Feather community by means of direct use, storage, augmentation or exchange. 5. Operation. The water will be diverted through Killpecker Pipeline to a point on North Lone Pine Creek above the headgate of the Mitchell Ditch; thence carried through the ditch to the Red Feather Lakes community and may be stored in Erie Lake, Nakomis Lake, Hiawatha Lake, Lake Ramona, Letitia Lake (Deer Lake), Snake Lake, Shagwa Lake, Columbine Lake, Apache Lake and Papoose Lake. 6. Outline of What Has Been Done Toward Completion. 6.1. Applicant has a special use permit from the U.S. Forest Service which allows access on Forest Service lands to install and operate a gauging station. Applicant completed collection of stream flow data and removed the gauging station. Applicant expended $397 for the special use permit and $7,136 to collect and analyze the streamflow data. 6.2. Applicant’s consultants expended $17,710 to revise the preliminary design for the pipeline and prepare a cost estimate for construction of the pipeline. 6.3. Applicant expended at total of $44,892 during the diligence period. $7,136 for stream flow monitoring; $17,710 for design services and $19,649 for legal services to obtain diligence decrees in Case No. 08CW279 and Case No. 09CW3, the integrated Killpecker Pipeline and Killpecker Exchange system. 7. Claim. Applicant seeks a finding of reasonable diligence. Per Order by Referee Cowan, Publication by Division 2 only. 16CW3036 (Division 2 case number 16CW3014) ASHASH CHAMPAKLAL JIVAN and HASHMEERA HIRA JIVAN, Henry D. Worley, Worley Law Firm LLC, 611 North Weber, Suite 104, Colorado Springs, CO 80903. Application for Denver Basin Underground Water Rights and for Approval of Plan for Augmentation IN EL PASO COUNTY. The name, address, telephone number of applicants: Ashash Champaklal Jivan and Hashmira Hira Jivan, 6563 Barrel Race Drive, Colorado Springs, CO 80923-7311, phone 719.559.1958, e-mail address hashmeera@hotmail.com. I. APPLICATION FOR DENVER BASIN WATER RIGHTS. 1. Names of wells and permit, registration, or denial numbers: There are no wells on Applicants’ property. 2. Legal description of wells: One well in each of the Denver, Arapahoe and Laramie-Fox Hills aquifers is contemplated, plus all necessary additional and/or replacement wells, to be located anywhere on Applicants’ 4.75 acre property located in the SE/4 NE1/4 Section 7, T. 13 S., R. 65 W., 6th P.M., in El Paso County (the “Property”). The address of the Property is 6765 Rancheros Lane, Colorado Springs, CO; its legal description is Lot 13 Horseshoe Rancheros subdivison. A map showing its location is attached as Figure 1. The Property is located within Water Division 2. Applicants also claim the water underlying the south 30 feet of Rancheros Lane where it is adjacent to Applicants’ property, bringing the total acreage to 4.96. 3. Sources: not nontributary Denver aquifer; not nontributary Arapahoe aquifer; nontributary Laramie-Fox Hills aquifer. 4. A. Date of appropriation: Not applicable. 4.B. How appropriation was initiated: Not applicable. 4.C. Date water applied to beneficial use: Not applicable. 5. Amount claimed: Denver aquifer - 15 g.p.m., 236 acre feet absolute; Arapahoe aquifer - 15 g.p.m., 204 acre feet, absolute; Laramie-Fox Hills aquifer - 50 g.p.m., 140 acre feet, absolute. The water court will be asked to retain jurisdiction over such decree to enter a final determination of the amount of water available for appropriation from each aquifer based on geophysical logs for wells on the property or nearby wells.6. Proposed uses: Drinking, cooking and sanitary purposes inside a primary house and a guest house/detached home office; commercial for indoor drinking and sanitary purposes and for dog breeding/kenneling facility; stock water; hot tub/spa and/or swimming pool; lawn and garden irrigation; other landscaping features; fire suppression; augmentation. 7. Name and address of owner of land on which wells are/will be located: Same as Applicants. II. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION. 8. Name of structures to be augmented: one yet-to-be constructed

 

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Denver aquifer well. 9. Previous decrees for water rights to be used for augmentation: None. 10. Historic use: Not applicable. 11. Statement of plan for augmentation: Applicants seek approval of a plan for augmentation which will allow multiple uses from one Denver aquifer well, including without limitation indoor residential uses, commercial uses (drinking and sanitary purposes, dog breeding and kenneling facility0, a detached home office or guest house, livestock water, landscape, orchard and garden irrigation, hot tub and/or swimming pool, and augmentation. Indoor use for the primary house is expected to equal no less than 0.2 acre foot annually. Treatment of waste water from indoor uses will be achieved using a nonevaporative individual septic tank and leach field system (“septic system”); consumption of water so treated will not exceed 10 percent of uses, with 90 percent, or 0.18 acre foot annually, accruing to nearby streams. Annual pumping will be limited to approximately 0.514 acre foot annually for a period of 100 years. Stream depletions in the 100th year are modeled to equal approximately 35% of pumping, or 0.179 acre feet. By limiting annual pumping to 0.514 acre foot, septic system return flows will equal or exceed the 0.18 acre feet of annual stream depletions during pumping. Change of the type of wastewater treatment to a central sewage treatment with direct discharge to any tributary of Fountain Creek shall not require an amendment to this plan for augmentation, but change to any other type of waste water disposal shall require an amendment. Applicants propose to replace depletions during pumping with return flows from the Denver aquifer septic system return flows, and to replace post-pumping depletions with a portion of the nontributary Laramie-Fox Hill aquifer water decreed herein. Applicants calculate that based on pumping of 51.4 acre feet over a 100 year period, 9.0 acre feet of stream depletions will occur during the pumping period, and 42.4 acre feet of depletions will occur after pumping ceases in the 100th year. To comply with the 98% consumption limitation of Rule 8 of the Statewide Nontributary Ground Water Rules, Applicants will reserve 43.3 acre feet of the Laramie-Fox Hills aquifer water for the replacement of post-pumping depletions. Applicants will also reserve the right to replace such depletions with any other judicially acceptable source of augmentation water, upon judicial approval after appropriate notice. 12. Miscellaneous provisions. (1) There is one lien against the Applicants’ property. A copy of the letter to the lienor as required by C.R.S. 37-92-302(2)(b) is attached hereto as Exhibit A. (2) A copy of Applicants’ deed to the Property is attached as Exhibit B. (3) This application is being filed in Water Divisions 1 and 2. After the period for filing statements of opposition has expired, Applicants will seek to consolidate the two cases in Division 2, where the Property is located. (4) Applicants reserve the right to make minor changes in the amounts claimed for appropriation and in the allowable amounts to be pumped annually under the augmentation plan, based on variations in the information currently available to Applicants and the information contained in the Determinations of Facts and the Consultation Report. 16CW3037 PARKER WATER AND SANITATION DISTRICT, c/o Ron Redd, Manager, 18100 E. Woodman Dr., Parker, CO 80134 (Please direct all correspondence to Robert F. T. Krassa, Krassa and Miller, LLC, Attorney for Applicant, 2737 Mapleton Ave., Ste. 103, Boulder CO 80304, 303-442-2156). Application for Finding of Reasonable Diligence DOUGLAS COUNTY, COLORADO. 2. Name of Structures: The conditional water right which is the subject of this Application is the conditional right of substitution and exchange granted in paragraph 20 of the decree entered by this Court on July 30, 1992 in Case 83CW348(A). a. The structures involved as “exchange to” structures are the Applicant’s alluvial wells, which were identified in said decree as KOA, KOA2, CC-1, CC-2, CC-4, CC-5, CC-6 and Executive Builders. In addition, the decree in Case 01CW60 entered by this Court on June 30, 2006, added Wells CC-7 through CC-18 as described therein as alternate points of diversion for the said designated alluvial wells, which additional wells are also “exchange to” points. Please note that Parker has other rights to withdraw water from the KOA, KOA-2 and Executive Builders wells which are not the subject of this application. b. The “exchange from” structures are the structures identified in paragraph 3 of said decree in 83CW348(A), a copy of which paragraph is attached hereto as Exhibit A and incorporated by this reference, all points in Applicant’s water distribution system from which water from said sources is released for outdoor uses and eventual return to the stream system, and the points of discharge of Applicant’s wastewater treatment plants. 3. Describe Conditional water right giving the

 

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following from the Referee's Ruling and Judgment and Decree. a. Date of Original Decree: July 30, 1992. Case 83CW348(A), Water Division No. 1. In addition, the Decree in 01CW60 mentioned above was entered June 30, 2006. The First Supplemental Decree in 83CW348(A) was entered March 7, 2007. The diligence decree in Case 05CW247 entered March 8, 2010 made 3 cfs of the original 15 cfs exchange right absolute. The Order in 83CW348(A) allowing lawn irrigation return flow (LIRF) credits to be taken from non-alluvial areas was entered June 14, 2010. b. List all subsequent decrees awarding findings of diligence (all in this Court): 98CW308 entered Sep. 21, 1999 and 05CW247 entered March 8, 2010. c. Location of structures: The “exchange to” structures are described at paragraph 2A of the said decree in 83CW348(A), a copy of which paragraph is attached hereto as Exhibit B and incorporated herein by this reference. These structures are all located in Township 6 South, Range 66 West of the 6th P.M. in Douglas County. The “exchange from” structures which are wells are described in paragraph 3 of said decree, which paragraph is attached hereto as Exhibit A and is incorporated by this reference. The “exchange from” structure which is the discharge point from Applicant’s wastewater treatment plants is located at in the SW/4NW/4 Sec. 22, T.6S, R.66W of the 6th P.M. in Douglas County. The water from said wastewater treatment plants reaches Cherry Creek in the SE/4 NE/4 Sec. 21, same range and township. The “exchange from” structures which are points of delivery to customers of water which Applicant is entitled to re-use are located throughout Applicant’s service area generally but not entirely located in Township 6 South, Range 66 West of the 6th P.M. in Douglas County. d. Source: groundwater from the Denver Basin aquifers and any other re-useable water. e. Date of Appropriation: April 29, 1991; Amount: 15 cfs, conditional, of which 3 cfs made absolute in Case 05CW247. f. Use: for all municipal purposes, including domestic, industrial, commercial, irrigation, stock water, recreation, firefighting and all other beneficial uses. 4. Provide a detailed outline of what has been done toward completion or for completion of appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: During the diligence period Applicant has made over $100,000,000 in capital improvements to its water system, including completing the construction of Rueter-Hess Reservoir, completing construction of the reservoir diversion system, completion of the system which connects the subject alluvial wells to the reservoir and installation of water measuring and record keeping systems. In addition, Parker has participated as an opposer in various water court applications of others as necessary to protect the subject water rights, including exchange case 10CW318 of the Cherry Creek Project Water Authority and exchange case 11CW278 of the Cherry Creek Water Users Association. Parker has continued detailed hydrologic studies of the alluvial materials of Cherry Creek as part of the ongoing CCAMP project, and has initiated further studies as part of the alluvial aquifer study pursuant to an IGA with other Cherry Creek water providers. All of these activities and expenditures are essential to the proper development and use of the subject water rights. Parker has in all respects diligently worked toward placing these water rights to beneficial use. Parker owns and operates a single, unified and integrated municipal water supply system that contains numerous components. Those components include, but are not limited to the structures and the water rights that are the subject of this application. 5. Names and addresses of owner 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. 16CW3038 (2007CW147) O. LOREN BRIDGE II AND CHRISTINE F. BRIDGE, P.O. Box 1772, Fairplay, CO 80440. Please direct all correspondence concerning this Application to: Aaron Ladd, Esq. and Andrea Kehrl, Esq., Vranesh and Raisch, LLP, 1720 14th St., Suite 200, Boulder, CO 80302. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE in PARK COUNTY. 2. Name of Structure: The Bridge Well No. 1 (“Subject Water Right”). 3. Description of Conditional Water Right: A. Date of original decree: The Subject Water Right was originally decreed in Case No. 07CW147, District Court, Water Division No. 1, entered April 1, 2010. B. Subsequent decrees awarding findings of diligence: Not applicable. C. Legal description: The Bridge Well No. 1 is located in the NE1/4 SW1/4 of Section 6, Township 10 South, Range 77 West, 6th P.M., Park County, Colorado, at a point approximately 2,120 feet from the South Section line and 1,800 feet

 

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from the West Section line of said Section 6. It can also be described as being located on Lot 3 of the Venture 73 Subdivision, with a street address of 1110 Circle 73, Fairplay, Colorado 80440, as shown on Exhibit A (the “Property”). D. Source of water: Ground water that is tributary to Four Mile Creek and the South Fork of the South Platte River. E. Appropriation date: May 29, 1995. F. Amount: 15 gallons per minute (“gpm”), of which 8 gpm is currently decreed as absolute and 7 gpm is currently decreed as conditional. G. Uses: The decreed uses are ordinary household purposes inside a single-family dwelling and fire protection, which were decreed as absolute uses in Case No. 07CW147, and the irrigation of lawns and gardens, the maintenance of a hot tub, and the maintenance of a decorative pool / water feature, which were decreed as conditional uses in Case No. 07CW147. H. Depth: 217 feet. I. Well Permit No.: 76750-F. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures, during the previous diligence period: During the diligence period, Applicant has invested significant time, efforts, and resources in its work toward completion of the appropriation, including total expenditures in excess of approximately $12,000 and such activities as water quality testing of the water pumped from the Bridge Well No. 1, purchasing and installing hoses for lawn and garden irrigation, planting shrubs in the lawn and garden areas, and irrigating said lawn and garden areas. In addition, Applicant has filled a 220-gallon hot tub with water pumped from the Bridge Well No. 1, typically twice a year and as needed to replace evaporation throughout the year. Applicant expends approximately $1,200 annually to maintain the hot tub. Applicant purchased a decorative water feature for approximately $1,542. During the summer, Applicant fills its decorative pool / water feature with water pumped from the Bridge Well No. 1 and expends approximately $50 annually to maintain the feature. On April 12, 2010, for an estimated cost of $2,500, Applicant closed on the purchase of 1.4 shares of Mountain Mutual Reservoir Company (“MMRC”) stock for the plan for augmentation decreed in Case No. 07CW147, and MMRC issued a share certificate to Applicant. Applicant pays annual fees of approximately $35 to MMRC. Applicant applied for and obtained a new well permit for the Bridge Well No. 1 following entry of the decree in Case No. 07CW147. Applicant has retained the undersigned attorneys to evaluate the Subject Water Right in its entirety and to draft, file, and prosecute this Application in Water Court. 5. If claim to make absolute in whole or in part: Applicant has used water pumped from the Bridge Well No. 1 for the currently conditional uses of lawn and garden irrigation, maintenance of a hot tub, and maintenance of a decorative pool / water feature, as described further in paragraph 4 above. Based on the Water Commissioner’s records for Water District 23, free river conditions occurred on numerous occasions during the diligence period, including, but not limited to: April 1 through April 13 of 2010; May 14 through June 3 of 2010; July 8 through July 23 of 2011; October 13 through November 30 of 2011; March 1 through March 22 of 2012; September 16 through September 30 of 2013; October 1 through October 21 of 2013; all of March and all of October of 2014; and June 1 through June 17 of 2014. Accordingly, Applicant claims to make absolute the currently conditional uses of lawn and garden irrigation, maintenance of a hot tub, and maintenance of a decorative pool / water feature. In the alternative, in the event that any conditional use is not made absolute, Applicant seeks an award of a finding of reasonable diligence for such conditional use. For the 7 gpm of the Subject Water Right that is conditional, Applicant seeks an award of a finding of reasonable diligence. 6. 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: Applicant owns the Property. 7. Remarks or any other pertinent information: Out-of-priority depletions caused by pumping the Bridge Well No. 1 for ordinary, indoor household purposes are replaced pursuant to the plan for augmentation decreed in Case No. W-7785-74, as amended in Case No. 85CW465, and out-of-priority depletions caused by pumping the Bridge Well No. 1 for the uses of fire protection, the irrigation of lawns and gardens, the maintenance of a hot tub, and the maintenance of a decorative pool / water feature are replaced pursuant to the plan for augmentation and appropriative right of substitution and exchange decreed in Case No. 07CW147. To the extent necessary to support its claims in this application,

 

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Applicant reserves the right to provide additional information and evidence concerning the development and use of its water right. (4 pages) 16CW3039 (2007CW147) GREGORY MCCALLUM AND JULIE VIHSTADT, P.O. Box 1390, Fairplay, CO 80440. Please direct all correspondence concerning this Application to: Aaron Ladd, Esq. and Andrea Kehrl, Esq., Vranesh and Raisch, LLP, 1720 14th St., Suite 200, Boulder, CO 80302. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE in PARK COUNTY. 2. Name of Structure: The Grendell Well No. 1 (“Subject Water Right”). 3. Description of Subject Water Right: A. Date of original decree: The Subject Water Right was originally decreed in Case No. 07CW147, District Court, Water Division No. 1, entered April 1, 2010. B. Subsequent decrees awarding findings of diligence: Not applicable. C. Legal description: The Grendell Well No. 1 is located in the NE1/4 SW1/4 of Section 5, Township 10 South, Range 77 West, 6th P.M., Park County, Colorado, at a point approximately 2,455 feet from the South Section line and 1,780 feet from the West Section line of said Section 5. It can also be described as being located on Lot 297 of the Foxtail Pines Subdivision, Filing 2, with a street address of 493 Thickspike Road, Fairplay, Colorado 80440, as shown on Exhibit A (the “Property”). D. Source of water: Ground water that is tributary to Four Mile Creek and the South Fork of the South Platte River. E. Appropriation date: September 17, 2003. F. Amount: 15 gallons per minute (“gpm”), of which 7 gpm were decreed absolute and 8 gpm were decreed conditional in Case No. 07CW147. G. Uses: The decreed uses are ordinary household purposes inside a single-family dwelling and fire protection, which were decreed as absolute uses in Case No. 07CW147, and the watering of livestock and the maintenance of a hot tub, which were decreed as conditional uses in Case No. 07CW147. H. Depth: 260 feet. I. Well Permit No.: 70026-F. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures, during the previous diligence period: During the diligence period, Applicant has invested significant time, efforts, and resources in its work toward completion of the appropriation, including incurring total expenditures in excess of approximately $86,000. Applicant has kept a number of horses on the Property. For livestock-watering use, Applicant has acquired two horses and one donkey at a cost of $8,000, has expended approximately $12,000 to $15,000 each year to keep the livestock and maintain the necessary facilities, such as a barn, tractor, truck, and manure dumpster, and has installed underground pipes, below frost line, to transport water pumped from the Grendell Well No. 1 to livestock-watering facilities located at the barn. In addition, Applicant conducted water quality testing for the water from the Grendell Well No. 1 and installed a filter system and a softener in the single-family dwelling. Applicant has a leveled area by the single-family dwelling for the future placement of a hot tub. Applicant has paid Mountain Mutual Reservoir Company (“MMRC”) annual fees of $35, and Applicant has retained the undersigned attorneys to evaluate the Subject Water Right in its entirety and to draft, file, and prosecute this Application in Water Court. In 2011, prior to Applicant’s acquisition of the Property and the Grendell Well No. 1, Applicant’s predecessor-in-interest installed automatic heated watering systems for livestock in the barn, at an approximate cost of $25,000, and Applicant’s predecessor-in-interest constructed the barn at a cost exceeding $200,000. For an approximate cost of $3,000, Applicant’s predecessor-in-interest closed on the purchase of 1.6 MMRC shares for the plan for augmentation decreed in Case No. 07CW147, and a certificate for the 1.6 MMRC shares was issued to Applicant on April 8, 2015. 5. If claim to make absolute in whole or in part: Applicant has used water pumped from the Grendell Well No. 1 to water livestock. Specifically, Applicant has used and continues to use the Grendell Well No. 1 to fill automatic heated watering systems in the barn to water livestock. The automatic watering system draws water from the Grendell Well No. 1 to fill the troughs whenever the horses drink from the troughs, at least daily. Applicant’s predecessor-in-interest utilized the same automatic heated watering systems to water livestock daily and automatically. Based on the Water Commissioner’s records for Water District 23, free river conditions occurred on numerous occasions during the diligence period, including, but not limited to: April 1 through April 13 of 2010; May 14 through June 3 of 2010; July 8 through July 23 of 2011; October 13 through November 30 of 2011; March 1 through March 22 of 2012; September 16 through

 

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September 30 of 2013; October 1 through October 21 of 2013; all of March and all of October of 2014; and June 1 through June 17 of 2014. Accordingly, Applicant claims to make absolute the currently conditional use of livestock watering. In the alternative, in the event that the use of livestock watering is not made absolute, Applicant seeks an award of a finding of reasonable diligence for such use. For the conditional use of the maintenance of a hot tub and for the conditional amount of 8 gpm, Applicant seeks an award of a finding of reasonable diligence. 6. 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: Applicant owns the Property. 7. Remarks or any other pertinent information: Out-of-priority depletions caused by pumping the Grendell Well No. 1 for ordinary, indoor household purposes are replaced pursuant to the plan for augmentation decreed in Case No. W-8480-77, as amended in Case No. 84CW250, and out-of-priority depletions caused by pumping the Grendell Well No. 1 for the uses of fire protection, the watering of livestock, and the maintenance of a hot tub are replaced pursuant to the plan for augmentation and appropriative right of substitution and exchange decreed in Case No. 07CW147. To the extent necessary to support its claims in this application, Applicant reserves the right to provide additional information and evidence concerning the development and use of its water right. (4 pages) 16CW3040 (2007CW147) DONNA J. NELSON AND JEANNINE T. HYDE, P.O. Box 1392, Fairplay, Colorado 80440. Please direct all correspondence concerning this Application to: Aaron Ladd, Esq. and Andrea Kehrl, Esq., Vranesh and Raisch, LLP, 1720 14th St., Suite 200, Boulder, CO 80302. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE in PARK COUNTY. 2. Name of Structure: The Nelson/Hyde Well No. 1 (“Subject Water Right”). 3. Description of Subject Water Right: A. Date of original decree: The Subject Water Right was originally decreed in Case No. 07CW147, District Court, Water Division No. 1, entered April 1, 2010. B. Subsequent decrees awarding findings of diligence: Not applicable. C. Legal description: The Nelson/Hyde Well No. 1 is located in the NW1/4 SW1/4 of Section 6, Township 10 South, Range 77 West, 6th P.M., Park County, Colorado, at a point approximately 2,487 feet from the South Section line and 1,305 feet from the West Section line of said Section 6. It can also be described as being located on Lot 34 of the Venture 73 Subdivision, with a street address of 469 Circle 73, Fairplay, Colorado 80440, as shown on Exhibit A (the “Property”). D. Source of water: Ground water that is tributary to Four Mile Creek and the South Fork of the South Platte River. E. Appropriation date: September 2, 1998. F. Amount: 15 gallons per minute (“gpm”), of which 6 gpm is absolute and 9 gpm is conditional. G. Uses: The decreed uses are ordinary household purposes inside a single-family dwelling and fire protection, which were decreed as absolute uses in Case No. 07CW147, and the watering of livestock and domestic animals, the irrigation of lawns and gardens, and the maintenance of a hot tub, which were decreed as conditional uses in Case No. 07CW147. H. Depth: 200 feet. I. Well Permit No.: 70036-F. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures, during the previous diligence period: During the diligence period, Applicants have invested significant time, efforts, and resources in its work toward completion of the appropriation, including total expenditures in excess of $260,000. Applicants have kept a number of horses on their property. In furtherance of their ongoing livestock efforts, Applicants have purchased, installed, and/or used the following facilities in the keeping and watering of their livestock, including but not limited to, frost-free hydrant, stock tanks, stock tank water heaters, conventional and solar electricity in the barn, hoses, hay storage stalls, paddocks, a round pen, metal and wood stall dividers, metal and tire hay feeders, a horse-stall structure, pavers and other footing products in the barn, and a truck, trailer, and hitch system. In addition to Lot 34 of the Venture 73 Subdivision, Applicants own Lot 35 of the Venture 73 Subdivision and Lots 87 and 88 of the Foxtail Pines Subdivision, Filing 2, collectively comprising approximately nine acres. Also for livestock purposes, Applicants installed buck fencing and gates around all nine acres for livestock containment and planted pasture grass on all nine acres. To supplement native grass for livestock foraging, Applicants

 

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have purchased and continue to purchase approximately 10 bales per month per horse, for an approximate annual cost of $7,200. At the barn, Applicants installed a septic tank and in-house water filters. With respect to irrigation of lawns and gardens, Applicants installed two hose bibs, planted grass and flower seed and trees, and irrigated the lawn and garden areas by hose and by above-ground sprinkler, and Applicants transplanted several evergreen trees on the property, requiring fertilizer and irrigation. For an approximate cost of $6,000, Applicants closed on the purchase of 3.3 shares of Mountain Mutual Reservoir Company (“MMRC”) stock for the plan for augmentation decreed in Case No. 07CW147, and MMRC issued Applicants a share certificate on April 12, 2010. Applicants have paid MMRC annual fees of approximately $40 per year. Following entry of the decree in Case No. 07CW147, Applicants applied and paid $100 for and obtained a new well permit for the Nelson/Hyde Well No. 1 (Well Permit No. 70036-F). Applicants have retained the undersigned attorneys to evaluate the Subject Water Right in its entirety and to draft, file, and prosecute this Application in Water Court. 5. If claim to make absolute in whole or in part: Applicants have used water pumped from the Nelson/Hyde Well No. 1 for the watering of livestock and domestic animals and the irrigation of lawns and gardens. Specifically, Applicants have used and continue to use the Nelson/Hyde Well No. 1 to fill stock watering tanks. Applicants use these stock watering tanks, which are heated in wintertime, to water livestock every day. In addition, as described above, Applicants have used water from the Nelson/Hyde Well No. 1 to irrigate grass and flower seed and trees by hoses and sprinklers in lawn and garden areas. Based on the Water Commissioner’s records for Water District 23, free river conditions occurred on numerous occasions during the diligence period, including, but not limited to: April 1 through April 13 of 2010; May 14 through June 3 of 2010; July 8 through July 23 of 2011; October 13 through November 30 of 2011; March 1 through March 22 of 2012; September 16 through September 30 of 2013; October 1 through October 21 of 2013; all of March and all of October of 2014; and June 1 through June 17 of 2014. Accordingly, Applicants claim to make absolute the currently conditional uses of the watering of livestock and domestic animals and the irrigation of lawns and gardens. In the alternative, in the event that any conditional use is not made absolute, Applicants seek an award of a finding of reasonable diligence for such conditional use. For the remaining conditional use of maintenance of a hot tub and for the conditional amount of 9 gpm, Applicants seek an award of a finding of reasonable diligence. 6. 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: Applicants own the Property. 7. Remarks or any other pertinent information: Out-of-priority depletions caused by pumping the Nelson/Hyde Well No. 1 for ordinary, indoor household purposes are replaced pursuant to the plan for augmentation decreed in Case No. W-7785-74, as amended in Case No. 85CW465, and out-of-priority depletions caused by pumping the Nelson/Hyde Well No. 1 for the uses of fire protection, the watering of livestock and domestic animals, the irrigation of lawns and gardens, and the maintenance of a hot tub are replaced pursuant to the plan for augmentation and appropriative right of substitution and exchange decreed in Case No. 07CW147. To the extent necessary to support its claims in this application, Applicants reserve the right to provide additional information and evidence concerning the development and use of their water right. (4 pages) 16CW3041 (2007CW147) LESLIE B. AND JANINE K. SNYDER, P.O. Box 684, Fairplay, Colorado 80440. Please direct all correspondence concerning this Application to: Aaron Ladd, Esq. and Andrea Kehrl, Esq., Vranesh and Raisch, LLP, 1720 14th St., Suite 200, Boulder, CO 80302. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE in PARK COUNTY. 2. Name of Structure: The Snyder Well No. 1 (“Subject Water Right”). 3. Description of Subject Water Right: A. Date of original decree: The Subject Water Right was originally decreed in Case No. 07CW147, District Court, Water Division No. 1, entered April 1, 2010. B. Subsequent decrees awarding findings of diligence: Not applicable. C. Legal description: The Snyder Well No. 1 is located in the SW1/4 NE1/4 of Section 8, Township 10 South, Range 77 West, 6th P.M., Park County, Colorado, at a point approximately 1,500 feet from the North Section line and 1,800 feet from the West Section line

 

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of said Section 8. It can also be described as being located on Lot 317 of the Foxtail Pines Subdivision, Filing 2, with a street address of 1104 Vine Road, Fairplay, Colorado 80440, as shown on Exhibit A (the “Property”). D. Source of water: Ground water that is tributary to Four Mile Creek and the South Fork of the South Platte River. E. Appropriation date: November 3, 2003. F. Amount: 15 gallons per minute (“gpm”), of which 5 gpm is absolute and 10 gpm is conditional. G. Uses: The decreed uses are ordinary household purposes inside a single-family dwelling and fire protection, which are currently decreed absolute, and the watering of livestock, which is currently decreed conditional. H. Depth: 105 feet. I. Well Permit No.: 45649-F. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures, during the previous diligence period: During the diligence period, Applicant has invested significant time, efforts, and resources in its work toward completion of the appropriation, including incurring total expenditures in excess of approximately $43,500. Applicant has an established residence and barn and, during the diligence period, Applicant has kept up to three horses on the property at any given time. During the diligence period, Applicant has expended approximately $2,750 to acquire an American Quarter Horse Association gelding and approximately $3,000 per horse per year to feed the livestock hay and grain. Applicant has purchased and installed four 100-gallon stock watering tanks and stock tank heaters at an approximate cost of $700. Following entry of the decree in Case No. 07CW147, Applicant closed on 1.1 shares of Mountain Mutual Reservoir Company (“MMRC”) stock at an approximate cost of $2,400, and MMRC originally issued Applicant a share certificate on April 12, 2010 and, to correct a typographical error, reissued the certificate on March 3, 2016. Applicant pays annual fees of approximately $35 to MMRC. During the diligence period, Applicant also applied for a new well permit for the Snyder Well No. 1. Applicant has retained the undersigned attorneys to evaluate the Subject Water Right in its entirety and to draft, file, and prosecute this Application in Water Court. 5. If claim to make absolute in whole or in part: Applicant has used water pumped from the Snyder Well No. 1 for the watering of livestock. Specifically, Applicant has used and continues to use the Snyder Well No. 1 to fill 100-gallon stock watering tanks. Applicant uses these stock watering tanks, which are heated in the winter, to water livestock every day. Based on the Water Commissioner’s records for Water District 23, free river conditions occurred on numerous occasions during the diligence period, including, but not limited to: April 1 through April 13 of 2010; May 14 through June 3 of 2010; July 8 through July 23 of 2011; October 13 through November 30 of 2011; March 1 through March 22 of 2012; September 16 through September 30 of 2013; October 1 through October 21 of 2013; all of March and all of October of 2014; and June 1 through June 17 of 2014. Accordingly, Applicant claims to make absolute the currently conditional use of the watering of livestock. In the alternative, in the event that the use of the watering of livestock is not made absolute, Applicant seeks an award of a finding of reasonable diligence for such use. For the 10 gpm amount that remains conditional, Applicant seeks an award of a finding of reasonable diligence. 6. 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: Applicant owns the Property. 7. Remarks or any other pertinent information: Out-of-priority depletions caused by pumping the Snyder Well No. 1 for ordinary, indoor household purposes are replaced pursuant to the plan for augmentation decreed in Case No. W-8480-77, as amended in Case No. 84CW250, and out-of-priority depletions caused by pumping the Snyder Well No. 1 for the uses of fire protection and the watering of livestock are replaced pursuant to the plan for augmentation and appropriative right of substitution and exchange decreed in Case No. 07CW147. To the extent necessary to support its claims in this application, Applicant reserves the right to provide additional information and evidence concerning the development and use of its water right. (4 pages) 16CW3042 PARKER WATER AND SANITATION DISTRICT, c/o Ron Redd, Manager, 18100 E. Woodman Dr., Parker, CO 80134 (Please direct all correspondence to Robert F. T. Krassa, Krassa and Miller, LLC, Attorney for Applicant, 2737 Mapleton Ave., Ste. 103, Boulder CO 80304, 303-442-2156)

 

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Application for Finding of Reasonable Diligence DOUGLAS COUNTY, COLORADO 2. Name of Structures: The conditional water rights which are the subject of this Application are the following wells: KOA, KOA-2, CC-1, CC-2, CC-4, CC-5, CC-6 and Executive Builders, and Wells CC-7 through CC-18. Please note that Parker has other rights to withdraw water from the KOA, KOA-2 and Executive Builders wells which are not the subject of this application. 3. Describe conditional water right giving the following from the Referee's Ruling and Judgment and Decree: a. Date of Original Decree: July 30, 1992. Case 83CW346, Water Division No. 1. In addition, the decree in Case 01CW60 entered by this Court on June 30, 2006, added Wells CC-7 through CC-18 as described therein as alternate points of diversion for the alluvial wells adjudicated in case 83CW346, to which additional wells the conditional water rights confirmed in case 83CW346 are fully applicable. b. List all subsequent decrees awarding findings of diligence (all in this Court): 98CW309 entered September 20, 1999 and 05CW246 entered March 8, 2010. c. Location of structures: The above referenced wells are all located in Township 6 South, Range 66 West of the 6th P.M. in Douglas County, at the following locations: Name Section 1/41/4 ft from line ft from line KOA 27 NENW 1950 W 500 N CC-1 21 NESE 1100 E 2600 S CC-2 16 SESE 1250 E 1000 S CC-4 27 SESW 2000 W 300 S CC-5 27 SWNE 2100 E 2500 N CC-6 16 SWNE 1500 E 1500 N Exec Bldrs #1 34 NENW 1800 W 1300 N KOA-2 27 NENW 2315 W 860 N CC-7 21 SENE 113 E 1709 N CC-8 21 NESE 215 E 2159 S CC-9 16 NWSE 1551 E 2620 S CC-10 16 NWSE 1895 E 1600 S CC-11 27 NESW 1501 W 1748 S CC-12 34 NENW 1600 W 500 N CC-13 27 SWNW 1327 W 2000 N CC-14 27 SENW 2300 W 1750 N CC-15 16 SWNE 1145 E 1600 N CC-16 16 NWNE 1200 E 650 N CC-17 16 SESE 690 E 500 S CC-18 16 SESE 300 E 1300 S d. Source: groundwater tributary to Cherry Creek. e. Date of Appropriation: December 20, 1983 for KOA, CC-1, CC-2 and CC-4, and April 28, 1989 for CC-5, CC-6, Executive Builders and KOA-2. f. Amount: 2000 gpm (4.44 cfs) per well, conditional. g. Use: all municipal purposes, including domestic, irrigation, commercial, industrial, recreation, fire-fighting, stock water, street washing and all other beneficial uses. h. Depth (if well): depth not stated in original decree. 4. Provide a detailed outline of what has been done toward completion or for completion of appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: During the diligence period Applicant has made over $100,000,000 in capital improvements to its water system, including completing the construction of Rueter-Hess Reservoir, completing construction of the reservoir diversion system, completion of the system which connects the subject alluvial wells to the reservoir, installation of water measuring and record keeping systems. In addition, Parker has participated as an opposer in various water court applications of others as necessary to protect the subject water rights, including exchange case 10CW318 of the Cherry Creek Project Water Authority and exchange case 11CW278 of the Cherry Creek Water Users Association. Parker has continued detailed hydrologic studies of the alluvial materials of Cherry Creek as part of the ongoing CCAMP project, and has initiated further studies as part of the alluvial aquifer study pursuant to an IGA with other Cherry Creek water providers. All of these activities

 

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and expenditures are essential to the proper development and use of the subject water rights. Parker has in all respects diligently worked toward placing these water rights to beneficial use. Parker owns and operates a single, unified and integrated municipal water supply system that contains numerous components. Those components include, but are not limited to the structures and the water rights that are the subject of this application. 5. Names and addresses of owner 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. 16CW3043 (2007CW147) ROGER H. AND SUSAN M. STILLWELL, P.O. Box 2094, Fairplay, Colorado 80440. Please direct all correspondence concerning this Application to: Aaron Ladd, Esq. and Andrea Kehrl, Esq., Vranesh and Raisch, LLP, 1720 14th St., Suite 200, Boulder, CO 80302. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE in PARK COUNTY. 2. Name of Structure: The Stillwell Well No. 1 (“Subject Water Right”). 3. Description of Subject Water Right: A. Date of original decree: The Subject Water Right was originally decreed in Case No. 07CW147, District Court, Water Division No. 1, entered April 1, 2010. B. Subsequent decrees awarding findings of diligence: Not applicable. C. Legal description: The Stillwell Well No. 1 is located in the NE1/4 SW1/4 of Section 5, Township 10 South, Range 77 West, 6th P.M., Park County, Colorado, at a point approximately 1,500 feet from the South Section line and 2,500 feet from the West Section line of said Section 5. It can also be described as being located on Lot 304 of the Foxtail Pines Subdivision, Filing 2, with a street address of 386 Vine Road, Fairplay, Colorado 80440, as shown on Exhibit A (the “Property”). D. Source of water: Ground water that is tributary to Four Mile Creek and the South Fork of the South Platte River. E. Appropriation date: May 1, 1996. F. Amount: 15 gallons per minute (“gpm”), absolute. G. Uses: The decreed uses are ordinary household purposes inside a single-family dwelling and fire protection, which were decreed as absolute uses in Case No. 07CW147, and the watering of livestock and domestic animals, the irrigation of lawns and gardens, and the maintenance of a hot tub, which were decreed as conditional uses in Case No. 07CW147. H. Depth: 240 feet. I. Well Permit No.: 74489-F. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures, during the previous diligence period: During the diligence period, Applicant has invested significant time, efforts, and resources in its work toward completion of the appropriation, including incurring total expenditures in excess of approximately $20,000. For instance, during the diligence period, Applicant has expended approximately $80 each year in water quality testing of the water pumped from the Stillwell Well No. 1. Applicant has filled a hot tub three times each year and has maintained the hot tub at an approximate annual cost of $1,700. Applicant has invested in water conveyance devices, such as hoses, as well as various plants, trees, and flowers at an approximate annual cost of $500, and has used water from the Stillwell Well No. 1 to irrigate lawns and gardens. For livestock use, Applicant has cleared trees and maintained livestock fencing around the property. Also during the diligence period, at a cost of approximately $3,700, Applicant closed on the purchase of 2.0 shares of Mountain Mutual Reservoir Company (“MMRC”) stock for the plan for augmentation decreed in Case No. 07CW147, and MMRC issued Applicant a share certificate for the 2.0 shares on April 12, 2010. In addition, Applicant pays annual fees in the approximate amount of $40 to MMRC. Applicant applied for and obtained a new well permit (Well Permit No. 74489-F) for the Stillwell Well No. 1 following entry of the decree in Case No. 07CW147, and Applicant has retained the undersigned attorneys to evaluate the Subject Water Right in its entirety and to draft, file, and prosecute this Application in Water Court. 5. If claim to make absolute in whole or in part: Applicant has placed water from the Stillwell Well No. 1 to beneficial use for the irrigation of lawns and gardens and for the maintenance of a hot tub. Specifically, during summer months, Applicant has irrigated 500 square feet of lawn and garden with the use of hoses. Applicant has filled the hot tub with water from the Stillwell Well No. 1 three times each year and has regularly maintained the hot tub. Based on the Water Commissioner’s records for Water District 23, free river conditions occurred on numerous occasions

 

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during the diligence period, including, but not limited to: April 1 through April 13 of 2010; May 14 through June 3 of 2010; July 8 through July 23 of 2011; October 13 through November 30 of 2011; March 1 through March 22 of 2012; September 16 through September 30 of 2013; October 1 through October 21 of 2013; all of March and all of October of 2014; and June 1 through June 17 of 2014. Accordingly, Applicant claims to make absolute the currently conditional uses of irrigation of lawns and gardens and maintenance of a hot tub. In the alternative, in the event that any conditional use is not made absolute, Applicant seeks an award of a finding of reasonable diligence for such conditional use. For the other conditional use, the watering of livestock and domestic animals, Applicant seeks an award of a finding of reasonable diligence. 6. 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: Applicant owns the Property. 7. Remarks or any other pertinent information: Out-of-priority depletions caused by pumping the Stillwell Well No. 1 for ordinary, indoor household purposes are replaced pursuant to the plan for augmentation decreed in Case No. W-8480-77, as amended in Case No. 84CW250, and out-of-priority depletions caused by pumping the Stillwell Well No. 1 for the uses of fire protection, the watering of livestock and domestic animals, the irrigation of lawns and gardens, and the maintenance of a hot tub are replaced pursuant to the plan for augmentation and appropriative right of substitution and exchange decreed in Case No. 07CW147. To the extent necessary to support its claims in this application, Applicant reserves the right to provide additional information and evidence concerning the development and use of its water right. (4 pages) 16CW3044 (2007CW147) TAMMY MICHELLE DEVINE, P.O. Box 2137, Fairplay, Colorado 80440. Please direct all correspondence concerning this Application to: Aaron Ladd, Esq., and Andrea Kehrl, Esq., Vranesh and Raisch, LLP, 1720 14th St., Suite 200, Boulder, CO 80302. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE in PARK COUNTY. 2. Name of Structure: The Devine Well No. 1 (“Subject Water Right”). 3. Description of Subject Water Right: A. Date of original decree: The Subject Water Right was originally decreed in Case No. 07CW147, District Court, Water Division No. 1, entered April 1, 2010. B. Subsequent decrees awarding findings of diligence: Not applicable. C. Legal description: The Devine Well No. 1 is located in the NW1/4 NW1/4 of Section 8, Township 10 South, Range 77 West, 6th P.M., Park County, Colorado, at a point approximately 250 feet from the North Section line and 675 feet from the West Section line of said Section 8. It can also be described as being located on Lot 270 of the Foxtail Pines Subdivision, Filing 2, with a street address of 287 Sleepy Grass Court, Fairplay, Colorado 80440, as shown on Exhibit A (the “Property”). D. Source of water: Ground water that is tributary to Four Mile Creek and the South Fork of the South Platte River. E. Appropriation date: May 21, 1982. F. Amount: 15 gallons per minute (“gpm”), of which 4 gpm is absolute and 11 gpm is conditional. G. Uses: The decreed uses are ordinary household purposes inside a single-family dwelling and fire protection, which were decreed as absolute uses in Case No. 07CW147, and the watering of livestock and domestic animals, the irrigation of lawns and gardens, and the maintenance of a hot tub, which were decreed as conditional uses in Case No. 07CW147. H. Depth: 200 feet. I. Well Permit No.: 25918-F. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures, during the previous diligence period: During the diligence period, Applicant has invested significant time, efforts, and resources in its work toward completion of the appropriation, including incurring total expenditures in excess of approximately $28,000. Applicant has kept a number of horses on the property. During the diligence period, Applicant has undertaken numerous efforts for keeping horses, including, but not limited to, purchasing materials for and constructing a cross-country course, a show-jumping arena, and a dressage arena. Applicant has also maintained a horse trailer and purchased, installed, and used water hoses to fill livestock watering troughs and electrical cords to power two water trough heaters. For potential purchase, Applicant has researched and tested models of hot tubs and has researched automatic livestock watering systems. Following entry of the decree in Case No. 07CW147, Applicant closed on 1.3 shares of Mountain Mutual

 

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Reservoir Company (“MMRC”) at an approximate cost of $2,500, and MMRC originally issued Applicant a share certificate on April 12, 2010 and, to correct a typographical error, recently reissued the certificate (Certificate No. 2041). Applicant pays annual fees of approximately $35 to MMRC. During the diligence period, Applicant applied for a new well permit for the Devine Well No. 1. Applicant has retained the undersigned attorneys to evaluate the Subject Water Right in its entirety and to draft, file, and prosecute this Application in Water Court. 5. If claim to make absolute in whole or in part: Applicant has used water pumped from the Devine Well No. 1 for the watering of livestock and domestic animals and for the irrigation of lawns and gardens. Specifically, Applicant has used and continues to use the Devine Well No. 1 to fill 300-gallon stock watering tanks approximately twice each week. Applicant uses these stock watering tanks, which are heated in the winter, to water livestock daily. In addition, Applicant has used water from the Devine Well No. 1 to irrigate approximately 500 square feet of lawn and garden areas containing flower boxes, additional outdoor potted plants, a vegetable garden, and an area of seeded grass. Based on the Water Commissioner’s records for Water District 23, free river conditions occurred on numerous occasions during the diligence period, including, but not limited to: April 1 through April 13 of 2010; May 14 through June 3 of 2010; July 8 through July 23 of 2011; October 13 through November 30 of 2011; March 1 through March 22 of 2012; September 16 through September 30 of 2013; October 1 through October 21 of 2013; all of March and all of October of 2014; and June 1 through June 17 of 2014. Accordingly, Applicant claims to make absolute the currently conditional uses of the watering of livestock and domestic animals and the irrigation of lawns and gardens. In the alternative, in the event that any conditional use is not made absolute, Applicant seeks an award of a finding of reasonable diligence for such conditional use. For the 11 gpm amount that remains conditional and for the conditional use of maintenance of a hot tub, Applicant seeks an award of a finding of reasonable diligence. 6. 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: Applicant owns the Property. 7. Remarks or any other pertinent information: Out-of-priority depletions caused by pumping the Devine Well No. 1 for ordinary, indoor household purposes are replaced pursuant to the plan for augmentation decreed in Case No. W-8480-77, as amended in Case No. 84CW250, and out-of-priority depletions caused by pumping the Devine Well No. 1 for the uses of fire protection, the watering of livestock and domestic animals, the irrigation of lawns and gardens, and the maintenance of a hot tub are replaced pursuant to the plan for augmentation and appropriative right of substitution and exchange decreed in Case No. 07CW147. To the extent necessary to support its claims in this application, Applicant reserves the right to provide additional information and evidence concerning the development and use of its water right. (4 pages)

16CW3045 Golden Land Company, LLC, Reginald V. Golden, Manager, P.O. Box 54, Longmont, CO 80502-0054 (Jeffrey J. Kahn, Elizabeth M. Joyce, Lyons Gaddis Kahn Hall Jeffers Dworak & Grant, PC, P.O. Box 978, Longmont, CO 80502-0978, 303-776-9900). APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE CONDITIONAL WATER RIGHT ABSOLUTE in BOULDER COUNTY. 2. Name of Structure: Fredstrom Drain. Fredstrom Drain is a field drain constructed using perforated pipe and was permitted for use as a well in Well Permit No. 45031-F. 3. Describe conditional water right, including the following from the previous Decrees: 3.1 Date of original decree, case no. and Court: The original decree was entered by the District Court for Water Division No. 1 (“Water Court”) on June 25, 1996 in Case No. 94CW220. 3.2 Subsequent decrees awarding findings of diligence and making portions of the water right absolute (all entered by the Water Court): 3.2.1 Case No. 02CW103, entered February 20, 2003. 3.2.2 Case No. 09CW24, entered February 26, 2010. 3.3 Legal description: The outlet of the drain is located in the SW1/4, SW1/4 of Section 31, Township 3 North, Range 69 West of the 6th P.M., Boulder County, Colorado, approximately 625 feet north of the south section line and 10 feet east of the west section line of said Section 31. The entire drain is located in the SE1/4 of Section 36, Township 3 North, Range 70 West of the 6th P.M. and in the SW1/4 of Section

 

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31, Township 3 North, Range 69 West of the 6th P.M., Boulder County, Colorado. 3.4 Source of Water: Alluvium of the St. Vrain River 3.5 Appropriation Date: November 30, 1994 3.6 Amount and Uses: 1.86 cfs, of which 0.85 cfs was made absolute for irrigation and livestock uses in Case No. 02CW103; 1.01 cfs remains conditional for irrigation and livestock uses; and 1.86 cfs remains conditional for industrial, augmentation and exchange uses. 3.7 Location of Irrigated Lands: The irrigated acreage is 169 acres in the SW1/4 of Sec. 31, T3N, R69W of the 6th PM and SE1/4 of Sec. 36, T3N, R70W of the 6th PM, all of which is north of the St. Vrain River. 3.8 Depth: 4 to 6 feet 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures, during the previous diligence period: 4.1 During the diligence period, Applicant repaired the pipe and stabilized the creek bank where the Fredstrom Drain connects from the creek to the manhole after the 2013 flood to restore operation of the Fredstrom Drain. The cost of this work was a minimum of $1,500. 4.2 During the diligence period representatives of the applicant observed that a contractor for the City of Longmont doing work on the property cut the Fredstrom Drain. The Applicant worked with the City to repair the drain so that it continues to operate. 4.3 The land on which water from the Fredstrom Drain will be used for industrial use and for augmentation and exchange uses is leased for gravel extraction to Aggregate Industries (“Aggregate”). Aggregate holds a current DRMS permit to mine gravel at the site of the Fredstrom Drain. In anticipation of mining and within the diligence period, Aggregate has monitored the groundwater levels at the site, contracted for a wetland delineation report and contracted for a wildlife impact report. Representatives of the Applicant and Aggregate have met with Boulder County representatives to determine how drainage across the property will occur during mining and post mining. 4.4 Applicant has continued to upgrade the infrastructure to divert the full 1.86 cfs for irrigation and livestock uses. During the diligence period, the Applicant obtained the use of a bigger pump owned by Dirt Doctors, LLC, an entity in which the manager of the Applicant owns a majority interest, to be able to utilize a greater amount of the water right. The pump has a cost of approximately $15,000. 5. If claim to make absolute in whole or in part: 5.1 Dates water applied to beneficial use: May 13, 2015 through May 26, 2015; June 15, 2015 through June 30, 2016; and July 7, 2015 through July 7, 2015. 5.2 Amount and use: An additional 0.11 cfs for irrigation and livestock uses. 5.3 Proof of Applicant diverting water in-priority: Applicant diverted 0.96 cfs in-priority on the following dates: May 13, 2015 to May 26, 2015; June 15, 2015 to June 30, 2015; and July 7, 2015 to July 14, 2015. Attached hereto as Exhibit A is an email from Applicant to the Water Commissioner, confirming the dates of in-priority diversions in 2015. 5.4 Description of place of use where water was applied to beneficial use: The acreage irrigated is 169 acres in the SW¼ of Section 31, Township 3 North, Range 69 West of the 6th P.M. and SE1/4 of Section 36, Township 3 North, Range 70 West of the 6th P.M., all of which is north of the St. Vrain River. See USGS topographic map attached as Exhibit B which depicts the area irrigated. 6. Name and address of owner 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: Applicant. 7. Applicant reserves the right to base its absolute claim on any diversions and use occurring after the filing of this application and prior to the entry of a decree. WHEREFORE, Applicant requests the Court to enter a decree: A. Finding that Applicant has made an additional 0.11 cfs absolute for irrigation and livestock uses. B. Finding that Applicant has exercised reasonable diligence in the development of the water right for industrial, augmentation and exchange uses and to continue 1.86 cfs for industrial, augmentation and exchange uses as a conditional water right for an additional diligence period. C. Finding that Applicant has exercised reasonable diligence in the development of the water right for irrigation and livestock uses and to continue the remaining portion (0.9 cfs or greater) of the water right for irrigation and livestock uses for an additional diligence period. 16CW3046 City of Louisville, a Colorado home rule municipal corporation, 749 Main Street, Louisville, Colorado 80027, cpeterson@louisvilleco.gov, 303-335-4610. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN BOULDER COUNTY. Prior case numbers pertaining to the conditional water right included in this application: 09CW150, 01CW218, 94CW211

 

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and 82CW150. Name, mailing address, email address, and telephone number of applicant(s) (if there are multiple applicants, and the space provided is not adequate to list all of the applicants, the names, addresses, telephone numbers and available email addresses must be provided as an attachment): City of Louisville, a Colorado home rule municipal corporation, 749 Main Street, Louisville, Colorado 80027, cpeterson@louisvilleco.gov, 303-335-4610. Name of structure: Harper Reservoir, First Enlargement Type: well spring ditch reservoir other:__ Description of conditional water right as to each structure: Date of original decree: December 28, 1988, Case No.: 82CW467, Court: Water Div.1. Subsequent decrees: November 17, 1995, 94CW211, Water Div.1 October 16, 2003, 01CW218, Water Div.1 March 8, 2010, 09CW150, Water Div.1 Legal description: As enlarged, the reservoir is located in the S1/2 NW1/4 and the N1/2 SW1/4 of Section 7, TIS, R69W, 6th P.M., Boulder County, Colorado, with the southwestern most point of the dam being located at a point approximately 2,266 feet north and 4,461 feet west of the southeast corner of said Section 7, as depicted on the map attached hereto as Exhibit “A.” Source of water: South Boulder Creek. Appropriation Date: December 14, 1982; Amount: 652.71 Acre Feet, conditional. Use: All municipal purposes, including domestic, industrial, commercial, fire protection, irrigation, stock watering, recreation and wildlife conservation. Water will also be used for exchange purposes, for replacement of depletions resulting from the use of water from other sources and other priorities from the same source, and for augmentation purposes. Depth (if well): N/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 Harper Reservoir, First Enlargement Water Storage Rights are part of Louisville’s municipal water system. Louisville is a growing city and during the last six years has done significant work on its water system. This work included the following items: Louisville has upgrade and made improvements to the Supervisory Controls and Data Acquisition (SCADA) system for the individual water treatment facilities. Louisville has expanded the reuse system to increase water supply to the City’s Coal Creek Golf Course. Louisville has continued to obtain additional water resources to meet current and future demands. Louisville is a participant in the Windy Gap Firming Project. Louisville obtained a decree in Case No. 07CW310. Louisville has appeared in several Water Court cases as an objector in order to protect is water rights, including these conditional water rights, from injury by others. These cases include: 02CW292, 07CW231, 11CW297, 11CW298, 12CW005, 12CW87 and 12CW88. The estimated total expenditures for the activities listed above is at least $9,300,000. Since work on one part of an integrated water system is evidence of diligence toward completion of all water rights within the entire water system, Louisville has been diligent in the development of these conditional rights, and seeks a decree of reasonable diligence for this conditional water storage right. Claim to make absolute in whole or in part: N/A. Names(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. You must notify these persons that you are applying for this water right, and certify to the Court that you have done so by no later than ten days after filing this Application. The certification form is on page 4 of this form. No new structures or modifications to existing diversion or storage structures are necessary or contemplated for this water right beyond those described in the original decree. Remarks or any other pertinent information: N/A. 16CW3047 (99CW231) CITY OF GREELEY, ACTING BY AND THROUGH ITS WATER AND SEWER BOARD, c/o Eric Reckentine, Deputy Director of Water Resources, 1100 10th Street, Suite 300, Greeley, Colorado 80631, eric.reckentine@greeleygov.com, (970) 350-9811; direct pleadings and correspondence to: Daniel J. Biwer, Greeley City Attorney’s Office, 1100 10th Street, Suite 401, Greeley, Colorado 80631, daniel.biwer@greeleygov.com, (970) 350-9757. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE IN PART IN WELD COUNTY. 2. General Description of the Application. This application concerns the conditional groundwater rights (“Conditional Groundwater Rights”), conditional surface water right including storage (“Conditional Surface Water Right”), and conditional appropriative rights of exchange (“Conditional Exchanges”)

 

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decreed and more particularly described in Case Number 1999CW231, District Court, Water Division No. 1. The Conditional Groundwater Rights, Conditional Surface Water Right, and Conditional Exchanges, together with the plan for augmentation decreed in Case Number 1999CW231, constitute a portion of Greeley’s Lower Cache la Poudre River Water Stewardship Project. All legal descriptions in this application are from the 6th P.M. in Weld County. Conditional Groundwater Rights 3. Names of the Conditional Groundwater Rights Structures and Permit Numbers. a. Greeley Saddle Club Wells. Permit Numbers 50375-F and 52834-F. The Greeley Saddle Club Wells are alternate points of diversion for each other. b. Cameron Elementary School Well. Greeley has not yet filed a permit application for this well. c. Lincoln Park Well. Greeley has not yet filed a permit application for this well. d. Island Grove Park Well No. 4. Greeley has not yet filed a permit application for this well. e. East Memorial Park and School Well. Permit Number 60050-F. f. Bella Romero Elementary School (a.k.a. East Greeley Elementary School) Well. Permit Number 60425-F. g. Island Grove Park Pond. Permit Number 68438-F. h. Flatiron Reservoirs Nos. 3, 4, 5, and Adjoining Pits. Permit Number 59809-F. Greeley has not yet completed mining at this site; additional permits may be obtained. i. Stoneybrook Pond. Permit Number 67037-F. j. Poudre River Ranch Gravel Lake. Permit Number 61725-F. 4. Description of the Conditional Groundwater Rights. a. Date of Original Decree. Corrected Findings of Fact, Conclusions of Law, Judgment, and Decree of the Water Court, Case No. 1999CW231, District Court, Water Division No. 1, entered on November 22, 2010. b. Legal Descriptions. The Conditional Groundwater Rights involve the following structures, which are shown on the map attached to the application as Exhibit A. i. The permitted location of the Greeley Saddle Club Well is in the NW1/4 of SE1/4 of Section 31, Township 6 North, Range 65 West, at a point 2,111 feet from the south section line and 1,659 feet from the east section line of said Section 31. The permitted location of the Greeley Saddle Club Backup Well is in the NW1/4 of SE1/4 of Section 31, Township 6 North, Range 65 West, at a point 2,121 feet from south section line and 1,652 feet from the east section line of said Section 31. ii. The Cameron Elementary School Well is proposed to be located in the SE1/4 of the SE1/4 of Section 7, Township 5 North, Range 65 West. iii. The Lincoln Park Well is proposed to be located in the W1/2 of the SW1/4 of Section 5, Township 5 North, Range 65 West. iv. The Island Grove Park Well No. 4 is proposed to be located in the NE1/4 of the NE1/4 of Section 6, Township 5 North, Range 65 West. v. The permitted location of the East Memorial Park and School Well is in the SW1/4 of the NE1/4 of Section 16, Township 5 North, Range 65 West, at a location 1,475 feet from the north section line and 2,450 feet from the east section line of said Section 16. vi. The permitted location of the Bella Romero Elementary (East Greeley Elementary School) Well is in the NW1/4 of the NW1/4 of Section 15, Township 5 North, Range 65 West at a point 1,267 feet from the north section line and 344 feet from the west section line of said Section 15. vii. The permitted location of the Island Grove Park Pond is in the SE1/4 of the SW1/4 of Section 31, Township 6 North, Range 65 West. Mining is complete, and the pond has a water surface of approximately 9.0 acres, of which approximately 2.6 acres were exposed after January 1, 1981. viii. The Flatiron Reservoirs Nos. 3, 4 and 5 and Adjoining Pits are located in Section 36, Township 6 North, Range 66 West. Greeley proposes in the future to replace evaporative losses from up to 100 acres of exposed water surface that may result from gravel mining operations in Section 36. ix. The Stoneybrook Pond is located in the SE1/4 of the SE1/4 of Section 35, Township 6 North, Range 66 West, and has a maximum surface water area of approximately 2.3 acres. x. The Poudre River Ranch Gravel Lake is located in the NW1/4 of the SW1/4 of Section 33, Township 6 North, Range 66 West, and has a maximum water surface area of approximately 8.04 acres. c. Source of Water. The source of water for all wells and ponds in this application is groundwater tributary to the Cache la Poudre River. d. Dates of Appropriation and Amounts. i. Greeley Saddle Club Well, August 5, 1998, Greeley Saddle Club Back-Up Well, September 10, 1999; combined total of 400 g.p.m. (0.89 c.f.s.), of which 100 g.p.m. (0.22 c.f.s.) remains conditional. ii. Cameron Elementary School Well, on or before April 30, 1999; 250 g.p.m. (0.56 c.f.s.), conditional. iii. Lincoln Park Well, on or before April 30, 1999; 350 g.p.m. (0.78 c.f.s.), conditional. iv. Island Grove Park Well No. 4, on or before April 30, 1999; 550 g.p.m. (1.23 c.f.s.), conditional. v. East Memorial Park and School Well, May 28, 1998; 400 g.p.m. (0.89 c.f.s.), of which 340 g.p.m. (0.76 c.f.s.) remains conditional. vi. Bella Romero Elementary School (a.k.a. East Greeley

 

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Elementary School) Well, June 7, 2002; 500 g.p.m. (1.11 c.f.s.), of which 100 g.p.m. (0.22 c.f.s.) remains conditional. vii. Island Grove Park Pond, June 16, 1999; approximately 7.6 acre-feet per year with a maximum evaporative depletion rate of 0.03 c.f.s., conditional. Island Grove Park Pond has a maximum water surface area of approximately 9 acres, of which approximately 2.6 acres were exposed by gravel mining after January 1, 1981. viii. Flatiron Reservoirs Nos. 3, 4, 5, and Adjoining Pits, July 13, 1990; approximately 293 acre-feet per year with a maximum evaporative depletion rate of 0.95 c.f.s., conditional. ix. Stoneybrook Pond, on or before October 31, 1995; approximately 24 acre-feet per year with a maximum evaporative depletion rate of 0.06 c.f.s., conditional. Stoneybrook Pond has a maximum water surface of approximately 2.3 acres. x. Poudre River Ranch Gravel Lake, July 1, 1999; approximately 31 acre-feet per year with a maximum evaporative depletion rate of 0.11 c.f.s., conditional. Poudre River Ranch Gravel Lake has a maximum water surface of approximately 8.04 acres. e. Uses. i. Greeley Saddle Club Wells; irrigation and dust control on approximately 2.54 acres located in the SE1/4 of Section 31, Township 6 North, Range 65 West. ii. Cameron Elementary School Well; irrigation of approximately 2 acres located in the SE1/4 of the NE1/4 of Section 7, Township 5 North, Range 65 West. iii. Lincoln Park Well; irrigation of approximately 6 acres located in the SW1/4 of Section 5, Township 5 North, Range 65 West. iv. Island Grove Park Well No. 4; irrigation of approximately 21 acres located in the NE1/4 of Section 6 , Township 5 North, Range 65 West, and the SE1/4 of Section 31, Township 6 North, Range 65 West. v. East Memorial Park and School Well; irrigation of approximately 13 acres located in the N1/2 of Section 16, Township 5 North, Range 65 West. vi. Bella Romero Elementary School (a.k.a. East Greeley Elementary School) Well; irrigation of approximately 10 acres located in the NW1/4 of Section 15, Township 5 North, Range 65 West. vii. Island Grove Park Pond; replacement of evaporative losses from the pond, recreational, piscatorial, and wildlife uses within the pond. viii. Flatiron Reservoirs Nos. 3, 4, 5, and Adjoining Pits; replacement of evaporative losses from the ponds, recreational, piscatorial, and wildlife uses within the ponds. ix. Stoneybrook Pond; replacement of evaporative losses from the pond and fountain, recreational, piscatorial, and wildlife uses within the pond. x. Poudre River Ranch Gravel Lake; replacement of evaporative losses from the lake, recreational, piscatorial, and wildlife uses within the lake. Conditional Surface Water Right 5. Name of the Structure. Greeley Canal No. 3, Northridge Enlargement (“Northridge Enlargement”). 6. Description of Conditional Surface Water Right. a. Original Decree. Corrected Findings of Fact, Conclusions of Law, Judgment, and Decree of the Water Court, Case No. 1999CW231, District Court, Water Division No. 1, entered on November 22, 2010. b. Legal Description. The Northridge Enlargement diverts water from the Greeley Canal No. 3, which diverts from the Cache la Poudre River at a point decreed to be located in the NW1/4 of the SE1/4 of Section 32, Township 6 North, Range 66 West of the 6th P.M. in Weld County, Colorado. Water is carried through the Greeley Canal No. 3 to the point of diversion for the Northridge Enlargement, which is located approximately in the NW1/4 of the SW1/4 of Section 33, Township 6 North, Range 66 West of the 6th P.M. in Weld County, Colorado, at a point approximately 1,300 feet east of the west section line and 1,500 feet north of the south section line of said Section 33. The location of the Northridge Enlargement is also shown on Exhibit A. c. Source of Water. The Cache la Poudre River. d. Date of Appropriation and Amount. July 8, 1998, in the amount of 3,000 gpm (7.0 cfs), conditional. e. Uses. Irrigation of approximately 72 acres at Winograd Elementary School and Northridge High School, located generally in the NW1/4 of Section 4, Township 5 North, Range 66 West, of the 6th P.M., together with the right to store up to 150 acre-feet in ponds generally located in portions of the NW1/4, NE1/4, and SW1/4 of Section 4, Township 5 North, Range 66 West of the 6th P.M., E1/2 of Section 5, Township 5 North, Range 66 West of the 6th P.M., and the SE1/4 of Section 32, Township 6 North, Range 66 West of the 6th P.M., with the right to fill and refill the ponds repeatedly. The total amount of water Greeley may permanently store in the ponds described above pursuant to the Northridge Enlargement water right shall be limited to 424 acre-feet per year. Water released from storage will also be used for irrigation as described above. Greeley may use, reuse, and use successively the water to extinction. No reuse or successive use will be allowed until such time as the amount, timing and location of the water available for such reuse or successive use is determined in a subsequent water court proceeding. Conditional Exchanges 7. Description of the Conditional Exchanges. a. Original Decree. Corrected Findings of Fact,

 

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Conclusions of Law, Judgment, and Decree of the Water Court, Case No. 1999CW231, District Court, Water Division No. 1, entered on November 22, 2010. b. Legal Location of the Conditional Exchanges. i. Exchange To Points. The upstream Exchange To Points are described below. a) The points of depletion for each of the Conditional Groundwater Rights structures listed above, to be augmented under the plan for augmentation decreed in Case Number 1999CW231. The legal descriptions for the Exchange To Points are set forth in Paragraph 4.b. above. b) The point of depletion for the Centennial Village Well, a groundwater right decreed wholly absolute in Case No. 1999CW231. The permitted location of the Centennial Village Well is in the SW1/4 of the SE1/4 of Section 31, Township 6 North, Range 65 West, at a location 185 feet from the south section line and 2,050 feet from the east section line of said Section 31. ii. Exchange From Points. The downstream release points (“Exchange From Points”) are described below. a) Greeley Water Pollution Control Facility Outfall; located on the north bank of the Cache la Poudre River, approximately 620 feet east of the west section line and 360 feet north of the south section line in Section 4, Township 5 North, Range 65 West. b) Lonetree (Swift) Industrial Wastewater Treatment Outfall; located on Lone Tree Creek approximately one mile upstream of the confluence of that creek and the South Platte River in Section 31, Township 6 North, Range 64 West. c) East 8th Street Reservoir Outlet; to be constructed in Section 4, Township 5 North, Range 66 West. d) Outlets for the Flatiron Reservoirs Nos. 1-5; to be constructed in Section 36, Township 6 North, Range 66 West. e) F Street Reservoir Outlet; to be constructed in Section 34, Township 6 North, Range 66 West. f) 35th Avenue Reservoir Outlet(s); to be constructed in Sections 34 and/or 35, Township 6 North, Range 66 West. g) Release Structures for the Greeley Canal No. 3, including but not limited to: I. 23rd Avenue Spillway; located in the NE1/4 of the SE1/4 of Section 1, Township 5 North, Range 66 West, at a point approximately 1,050 feet west of the east section line and 2,450 feet north of the south section line of said Section 31, and which discharges into the Cache la Poudre River in the SW1/4 of the NW1/4 of Section 31 at a point approximately 400 feet east of the west section line and 2,750 feet north of the south section line of said Section 31. II. 16th Street Release Structure; located in the NW1/4 of the SE1/4 of Section 10, Township 5 North, Range 65 West, at a point approximately 1,950 feet west of the east section line and 2,600 feet south of the north section line of said Section 10, and which discharges into the Cache la Poudre River in the NE1/4 of the NE1/4 of Section 10 at a point approximately 50 feet west of the east section line and 1,100 feet south of the north section line of said Section 10. III. F Street Release Structure; located 1,575 feet east of the west section line and 750 feet north of the south section line of Section 34, Township 6 North, Range 66 West. h) Lawn Irrigation Return Flow Sectors; accruing to stream segments on the Big Thompson River, Cache la Poudre River, and South Platte River as designated in the decree entered by the District Court for Water Division No. 1 on February 6, 1990 in Case No. 1987CW329. I. Return Flow Sector 7; Big Thompson River and South Platte River downstream of the headgate of the Evans Town Ditch, located on the north side of the Big Thompson River in the NW 1/4 of the NW1/4 of Section 4, Township 4 North, Range 66 West, to a point at the confluence of the Cache la Poudre and the South Platte River, located in the SW1/4 of the SW1/4 of Section 6, Township 5 North, Range 64 West. II. Return Flow Sector 8; Cache la Poudre River downstream of the headgate of the W.R. Jones Ditch, located on the south side of the Cache la Poudre River in Section 36, Township 6 North, Range 67 West, to a point located at the Boyd and Freeman Ditch headgate, the decreed location of which is located on the south side of the Cache la Poudre River in Section 34, Township 6 North, Range 66 West. III. Return Flow Sector 9; Cache la Poudre River downstream of the Boyd and Freeman Ditch headgate, the decreed location of which is on the south side of the Cache la Poudre River in Section 34, Township 6 North, Range 66 West, to a point at the confluence of the Cache la Poudre River and the South Platte River, located in the SW1/4 of the SW1/4 of Section 6, Township 5 North, Range 64 West. i) 35th Avenue Drainage Ditch; which discharges into the Cache la Poudre River in the NW1/4 of the NW 1/4 of Section 36, Township 6 North, Range 66 West at a point approximately 50 feet east of the west section line and 600 feet south of the north section line of said Section 36. c. Appropriation Date and Amounts. December 30, 1999; the approximate flow rates for each of the Conditional Exchanges are set forth in the exchange matrix attached to the application as Exhibit B. The maximum cumulative exchange rate for all exchanges is 7.17 c.f.s., conditional. Finding of Diligence 8. Integrated System.

 

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The Conditional Groundwater Rights, Conditional Surface Right, and Conditional Exchanges decreed in Case No. 1999CW231 were and are conceived and planned to be operated as a component of Greeley’s municipal water supply system, which is an integrated system comprised of several different water rights, features, and facilities. Work on one or more features of this integrated system constitutes effort toward development of the water rights for all features of the system. 9. Detailed outline of what has been done toward completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures rounded to the nearest thousand dollars. a. Greeley Non-Potable Wells. Greeley’s wells described above constitute part of its non-potable water system, which also includes rights in the Greeley-Loveland canal system and the Greeley Canal No. 3. Greeley utilizes its non-potable water supplies for irrigation, augmentation, and to maintain historical return flow obligations. i. From 2010-2015, Greeley expended approximately $95,000 annually on parts, maintenance, and repairs for its non-potable water system. b. Greeley Storage Sites. The following activities and structure improvements facilitate Greeley’s ability to utilize the Conditional Exchanges and Conditional Groundwater Rights. i. Greeley commenced mining the Flatirons Reservoirs Nos. 3 and 4 in 2012. It expended $528,000 to acquire the parcel and $250,000 on environmental assessments and engineering. ii. Greeley expended an additional $1,775,000 on the mining contractor activities associated with development of the Flatiron Reservoirs storage site. iii. Greeley winterized pumps at Poudre Ponds (a.k.a. Flatirons Reservoirs Nos. 1 and 2) in 2013 and 2014. It expended approximately $25,000 on engineering and $268,000 on construction for these improvements. c. Greeley’s Water Pollution Control Facility (“WPCF” or “Greeley WPCF”). The following activities and structure improvements facilitate Greeley’s ability to treat, deliver, and use water rights changed for municipal purposes, which results in the release of fully-consumable return flows from the Greeley WPCF that may be exchanged and used for augmentation. i. From 2010-2011, Greeley expended approximately $450,000 to upgrade the electrical control panels for all three of the centrifuges at the Greeley WPCF, and to overhaul a conveyor on one of the thickening centrifuges. ii. From 2010-2012, Greeley expended approximately $3,012,000 to increase aeration capacity for all four basins at the WPCF, install a new air diffuser system and air piping, modify the blower building, install six new high-speed turbo blowers, and replace the old centrifugal blowers to improve the plant’s ability to remove ammonia. iii. From 2011-2012, Greeley expended approximately $68,000 to install new fiber optic cable at the WPCF. iv. From 2011-2012, Greeley expended approximately $346,000 on the development of a long-range master plan for the South Plant Solids Handling & Treatment Improvements. d. Work by Greeley Staff, Outside Counsel, and Consultants. During the diligence period, Greeley participated as an objector in a number of Division 1 Water Court cases to prevent injury to these and other of its vested and decreed water rights on the Cache la Poudre River. Claims to Make Absolute 10. Groundwater Rights. Greeley applied the following Groundwater Rights to the respective decreed beneficial uses more particularly described in Paragraph 4.e. above and in the amounts shown in the summary accounting attached to the Application as Exhibit C. a. Greeley operated the East Memorial Park and School Well during December of 2011, at a maximum rate of 0.30 c.f.s. Greeley therefore claims an additional 0.17 c.f.s., absolute, for a total of 0.30 c.f.s., absolute. b. Greeley exercised Island Grove Park Pond water right during June 2010, June 2011, June 2012, June and July 2013, June and July 2014, and August 2015 at the maximum decreed rate of 0.03 c.f.s., to make the water right fully absolute. c. Greeley exercised the Flatiron Reservoirs Nos. 3-5 water right during June of 2012, at a maximum rate of 0.43 c.f.s., absolute. d. Greeley exercised the Stoneybrook Pond water right during June 2010, June 2011, June 2012, June and July 2013, June and July 2014, and June and July 2015, at the maximum decreed rate of 0.06 c.f.s., to make the water right fully absolute. e. Greeley exercised the Poudre River Ranch Gravel Lake water right during June 2010, June 2011, and June 2012 at the maximum decreed rate of 0.11 c.f.s., to make the water right fully absolute. 11. Northridge Enlargement. a. Greeley operated the Northridge Enlargement surface diversion in April of 2010, at the maximum decreed rate of 7 c.f.s., to make the water right fully absolute. See Exhibit C. b. Greeley used the Northridge Enlargement right for irrigation and storage, as decreed in Case No. 1999CW231 and more particularly described in Paragraph 6.e. above. 12. Appropriative Rights of Exchange. Greeley operated the following exchanges in connection with the plan for augmentation decreed in Case No. 1999CW231. See Exhibit C. a. Greeley

 

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operated an exchange from the Greeley WPCF to the Greeley Saddle Club Wells during September of 2011, at a maximum rate of 0.20 c.f.s., absolute. b. Greeley operated an exchange from the Greeley WPCF to the Island Grove Park Pond during June 2010, August 2011, June 2012, June and July 2013, July 2014, and August 2015, at a maximum rate of 0.03 c.f.s., absolute. c. Greeley operated an exchange from the Greeley WPCF to the Flatirons Reservoirs Nos. 3-5 during June of 2012, at a maximum rate of 0.43 c.f.s., absolute. d. Greeley operated an exchange from the Greeley WPCF to the Stoneybrook Pond during June 2010, August 2011, June 2012, June and July 2013, July 2014, and August 2015, at a maximum rate of 0.06 c.f.s., absolute. e. Greeley operated an exchange from the Greeley WPCF to the Poudre River Ranch Gravel Lake during June 2010 and June 2012, at a maximum rate of 0.11 c.f.s., absolute. f. Greeley operated an exchange from the Lonetree (Swift) Industrial Wastewater Treatment Outfall to the East Memorial Park and School Well during December of 2011, at a maximum rate of 0.30 c.f.s., absolute. g. Greeley operated an exchange from the Lonetree (Swift) Industrial Wastewater Treatment Outfall to the Bella Romero Elementary School (a.k.a. East Greeley Elementary School) Well during July through October 2010, at a maximum rate of 0.44 c.f.s., absolute. 13. Remaining Conditional Rights. The rights decreed in Case No. 1999CW231 and not made absolute in whole remain conditional in the following amounts. a. Ground Water Rights. i. Greeley Saddle Club Wells; 0.22 c.f.s. remaining conditional. ii. East Memorial Park and School Well; 0.59 c.f.s. remaining conditional. iii. Bella Romero Elementary School (a.k.a. East Greeley Elementary School) Well; 0.22 c.f.s. remaining conditional. iv. Cameron Elementary School Well; 0.56 c.f.s. remaining conditional. v. Lincoln Park Well; 0.78 c.f.s. remaining conditional. vi. Island Grove Park Well No. 4; 1.23 c.f.s. remaining conditional. vii. Flatiron Reservoirs Nos. 3-5 and Adjoining Pits; 0.52 c.f.s. remaining conditional. b. Exchanges from the Greeley WPCF. i. Greeley Saddle Club Wells; 0.69 c.f.s. remaining conditional. ii. Centennial Village Well; .56 c.f.s. remaining conditional. iii. Cameron Elementary School Well; 0.56 c.f.s. remaining conditional. iv. Lincoln Park Well; 0.78 c.f.s. remaining conditional. v. Island Grove Park Well No. 4; 1.23 c.f.s. remaining conditional. vi. Flatiron Reservoirs Nos. 3-5 and Adjoining Pits; 0.52 c.f.s. remaining conditional. c. All Exchanges from the Lonetree (Swift) Industrial Wastewater Treatment Outfall remain conditional except the exchange to the Bella Romero Elementary School (a.k.a. East Greeley Elementary School) Well, of which 0.44 c.f.s. has been made absolute, and the exchange to the East Memorial Park and School Well, of which 0.30 c.f.s. has been made absolute. d. Exchanges from all other Exchange From Points remain conditional. 14. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored. The relevant structures identified in this Application are located on lands owned by the Applicant, except for the following. a. Flatirons Reservoir 5. Cottonwood Land and Farms, Ltd., P.O. Box 229, Boulder, CO 80306. b. Stoneybrook Pond. Stoneybrook Estates, LLC, 435 N. 35th Avenue, Greeley, CO 80631. c. East 8th Street Reservoir Outlet. Greeley Urban Renewal Authority, 1100 10th Street, Suite 201, Greeley, CO 80631 and Leprino Foods Company, 1830 W. 38th Avenue, Denver, CO 80211-2200. d. 35th Avenue Reservoir Outlet. Martin Marietta Materials Inc., c/o Baden Tax Management, PO Box 8040, Fort Wayne, IN 46898. WHEREFORE, Greeley requests the Court enter a decree finding (1) that Greeley has exercised reasonable diligence toward completion of the appropriation for the Conditional Groundwater Rights, Conditional Surface Water Right, and Conditional Exchanges decreed in Case No. 1999CW231 not made absolute herein, and continuing said conditional water rights for another six-year diligence period; and (2) that Greeley has made the rights described in Paragraphs 10, 11, and 12 above absolute for the decreed uses in the amounts claimed. In the alternative, Greeley requests the Court enter a decree finding that Greeley has exercised reasonable diligence toward completion of the appropriation of any of the above-described conditional water rights that are found by the Court to have not been made absolute in whole or in part. (15 pages) 16CW3048 (83CW53, 93CW48, 99CW189, 2008CW189), Town of Morrison. APPLICATION TO MAKE ABSOLUTE A CONDITIONAL WATER RIGHT, in JEFFERSON COUNTY. Name, address and telephone number of Applicant: Kara Zabilansky, Town Administrator, Town of Morrison,

 

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321 Highway 8,Morrison, CO 80465, Telephone: (303) 697-8749, direct pleadings to Cynthia Covell and Andrea Benson, Alperstein & Covell P.C., 1600 Broadway #900, Denver, CO 80202. Name of structure: Strain Gulch Reservoir; Description of conditional water right: Date of original decree: April 29, 1987; Case No.: 83CW53; Water Court, Water Division 1. Subsequent decrees awarding diligence were entered by the Water Court, Water Division No. 1, in the following cases: 93CW48, 99CW189, 2008CW189. In Case No. 2008CW189, 14.327 acre-feet were made absolute. Legal description of locations of storage: Original Decreed Location: The original decreed location of the Strain Gulch Reservoir is in the NW1/4SE1/4, Section 2, T5S, R70W of the 6th P.M. in Jefferson County, Colorado. Morrison Quarry Reservoir No. 1 (f/k/a Morrison Reservoir No. 2): In Case No. 94CW209, decreed November 18, 1996, the Court entered a decree pursuant to which the water rights decreed to the Strain Gulch Reservoir in Case No. 83CW053 could also be stored in a reservoir then known as Morrison Reservoir No. 2, located in portions of the SE1/4NE1/4 and N1/2 SE1/4 of Section 10, and the W1/2W1/2NW1/4 of Section 11, T5S, R70W of the 6th P.M. in Jefferson County, Colorado. Pursuant to the decree in Case No. 94CW209, the water right decreed in Case No. 83CW53 may be stored at either the originally decreed Strain Gulch Reservoir location or the Morrison Reservoir No. 2 location. The decree in Case No. 94CW209 also limits the rate of diversion to storage from Bear Creek to a rate not to exceed 10 cfs. This reservoir was renamed Morrison Quarry Reservoir No. 1 in Case No. 2009CW33, and that name is used in this application. Morrison Quarry Reservoir No. 2: In Case No. 2009CW33, decreed February 19, 2012, the Morrison Quarry Reservoir No. 2 was decreed as another alternate place of storage for the water rights decreed to the Strain Gulch Reservoir in Case No. 83CW053. The Morrison Quarry Reservoir No. 2 is an existing excavated reservoir located in the N1/2 NE1/4 and SE1/4 NE1/4 of Section 10, and in the W1/2 NW1/4 of Section 11, both in Township 5 South, Range 70 West of the 6th P.M. in Jefferson County, Colorado. The reservoirs and reservoir sites described above are shown on Exhibit A to the application. Source: Bear Creek, tributary to the South Platte River; Appropriation date: February 25, 1983. Amount: 200 acre-feet, conditional, of which 14.327 acre-feet were made absolute in Case No. 2008CW189. Use: Municipal purposes, including augmentation and the right to exchange. Points of Diversion: Original Decree. The decree in Case No. 83CW53 provides that water will be diverted to storage in this reservoir from the Morrison Municipal Intake on Bear Creek, located at a point of the south bank of Bear Creek in the SW1/4 of the SE1/4 of Section 34, Township 4 South, Range 70 West of the 6th P.M. in Jefferson County, Colorado, at a point whence the southeast corner of said Section bears south 79̊ 28' east 2452.5 feet. In addition, the decree in Case No. 83CW53 also allows water to be diverted into Strain Gulch Reservoir by exchange from Strain Gulch, at an inlet located approximately 900' east and approximately 200' south of the centerline of Section 2, Township 5 South, Range 70 West of the 6th P.M. in Jefferson County. These points of diversion were not changed when the additional locations of storage were added in Case Nos. 94CW209 and 2009CW33. Additional Point of Diversion to Storage: The decree in Case No. 94CW207 authorizes diversion of the water right decreed in Case No. 83CW53 via the Morrison Intake No. 2, to be located on the south bank of Bear Creek in the NW1/4 NW1/4 of 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 32̊ West 140 feet. The decree in Case No. 2009CW33 authorized diversion of the water right decreed in Case No. 83CW53 to storage in Morrison Quarry Reservoir No. 2 via the Morrison Municipal Intake No. 2. The Morrison Municipal Intake and the Morrison Intake No. 2 are shown on Exhibit A to the application. Claim to make absolute: During water year 2014, Morrison stored the entire 200 acre-feet decreed to this water right, and therefore seeks a decree making absolute the 185.673 acre-feet that remain conditional. Activities Prior to Storage. Morrison diligently pursued development of this water right prior to storing the full decreed amount during water year 2014. This water right is part of Morrison’s integrated water supply system. 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. During this diligence period, Morrison undertook work and activities that resulted in Morrison being able to store the full 200 acre-feet during water year 2014, as described below. To provide water supplies to current and anticipated future

 

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customers, Morrison owns and operates water rights, augmentation plans decreed in Case Nos. 82CW425 and 87CW301, and storage rights, including the Strain Gulch Reservoir right decreed in Case No. 83CW53. Morrison’s current town boundaries and planning areas are shown on Exhibit B to the application. Morrison has operated its augmentation plans since they were decreed in 1985 and 1988, respectively, and has provided the accountings for its water rights as required by the water commissioner and the Division Engineer. During this diligence period, Morrison finalized the decree in Case No. 2009CW33 (decreed February 1, 2012), which allows this water right and other water rights to be stored in Morrison Quarry Reservoir No. 2 as an alternative storage site. Morrison and Aggregate Industries, Inc. (“Aggregate”) worked cooperatively to develop the usable storage capacity in Morrison Quarry Reservoir No. 2, pursuant to their Annexation Agreement dated October 31, 1994, and amendments thereto, and to implement conveyance of the Morrison Quarry Reservoir No. 2 to Morrison by deed dated July 19, 2011. The parties hold shared storage rights, and their agreements allow Aggregate to store certain water rights of its own in Morrison Quarry Reservoir No. 2. Morrison and Aggregate finalized a Reservoir Operating Agreement on January 7, 2014. During this diligence period, Morrison has expended in excess of $55,000 in legal fees with its water counsel to finalize the decree in Case No. 2009CW33, to participate as an opposer in water rights applications filed by others in order to protect its water rights (including the storage right decreed in Case No. 83CW53), and to develop and implement reservoir operation agreements and other contracts to facilitate use of Morrison’s water rights. In addition, Morrison has spent over $180,000 on engineering services related to water rights accounting, including accounting for diversions under the storage right decreed in Case No. 83CW53, analysis of the Town’s water rights yield with expanded reservoir storage, protection of the Town’s water rights, engineering analysis and design of reservoir improvements, and other water engineering services related to maintaining and increasing the Town’s water supply and storage capabilities. Storage during Water Year 2014. During the water year 2014 (November 1, 2013 – October 31, 2014), Morrison stored the full 200 acre-feet decreed to this water right in Morrison Quarry Reservoir No. 2, as shown by the accounting on Exhibit C to the application. The decree in Case No. 2009CW33 authorizes Morrison to store several water rights in Morrison Quarry Reservoir No. 2, as shown on Exhibit D to the application, and allocation of diversions from Bear Creek to the storage right decreed in Case No. 83CW53 was made in accordance with the State Engineer’s Reservoir Guidelines, as amended. Use: Water was stored in Morrison Quarry Reservoir No. 2 under this water right for all municipal purposes, including augmentation, as decreed in Case No. 83CW53. Pursuant to C.R.S. 37-92-301(e), a decreed conditional water storage right shall be made absolute for all decreed purposes to the extent of the volume of the appropriation that has been captured, possessed and controlled at the decreed storage structure. Supporting Evidence: Supporting evidence is on file with the application. See Exhibit C (Storage Accounting); Exhibit D (Storage Rights); Exhibit E (Reservoir Area Capacity Table); and Exhibit F (South Platte call records). Place of Use: The water has been stored pursuant to the storage right decreed in Case No. 83CW53 for all decreed uses, and pursuant to C.R.S. 37-92-301(e), water stored under a conditional storage right may be decreed absolute for all decreed purposes. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is located or upon which water is or will be stored. Morrison Quarry Reservoir No. 2: Applicant; Strain Gulch Reservoir No. 1: Trachten Erhaltung Verein - Edelweiss Denver Inc., P.O. Box 698, Littleton CO 80160; Morrison Quarry Reservoir No. 1 Aggregate Industries – WCR Inc., 1687 Cole Boulevard # 300, Lakewood, CO 80401; Morrison Municipal Intake No. 2: Applicant.Applicant Town of Morrison, having demonstrated that it has stored 200 acre-feet of water decreed in Case No. 83CW53 (including the 14.327 acre-feet previously decreed absolute), requests an absolute decree for 185.673 acre-feet, the remaining conditional portion of this water right, or, if an absolute decree is not awarded, a finding that Morrison has exercised reasonable diligence in putting to beneficial use the portion of the water storage right that remains conditional and an order continuing the conditional portion of the decree for another six years, or such period as may otherwise be permitted by law. (7 pages)

 

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16CW3049 The Consolidated Mutual Water Company, 12700 West 27th Avenue, Lakewood, CO 80215, (303) 238-0451, through counsel Evan D. Ela, Esq. and Joseph W. Norris, Esq., Collins Cockrel & Cole, P.C., 390 Union Boulevard, Suite 400, Denver, CO 80228, (303) 986-1551, APPLICATION FOR FINDINGS OF REASONABLE DILIGENCE AND TO PERFECT CONDITIONAL WATER RIGHTS in JEFFERSON AND ADAMS COUNTIES. 2. Purpose of Application. This Application seeks to maintain the subject conditional exchange rights and obtain findings of reasonable diligence pursuant to the most recent diligence Ruling and Decree issued in Case No. 03CW351. In addition, The Consolidated Mutual Water Company seeks to make a portion of the conditional exchange rights absolute by reason of completion of the appropriation. 3. Name of Conditional Water Rights. The Metro Outfall Exchange and the Clear Creek Exchange (collectively, the “Subject Water Rights”). 4. Description of the Subject Water Rights. (a) Previous Decrees. (1) Original Decree: The Subject Water Rights were originally decreed in Case No. 94CW197, District Court, Water Division 1, entered October 20, 1997. (2) Prior Diligence Decree: The most recent findings of continued diligence were decreed by this Court on March 22, 2010, in Case No. 03CW351. The 03CW351 Decree made absolute 1.12 cfs and continued diligence for the remaining 3.88 cfs of the Metro Outfall Exchange to Maple Grove Reservoir for all decreed uses. All other decreed exchange reaches were granted continued diligence except for the Applicant’s claims to exchange to or from Paradise Reservoirs Nos. 2 and 3, which were abandoned by the 03CW351 Decree. (b) The Metro Outfall Exchange. (1) Exchange-From Point: The outfall of the Metropolitan Wastewater Reclamation Plant No. 1 (aka the Robert W. Hite Treatment Facility) to the South Platte River as it exists and as it may be relocated in the future, presented located on the South Platte River near the section line between Sections 1 and 12, Township 3 South, Range 68 West of the 6th P.M. in Adams County, Colorado (“Metro Outfall”); (2) Exchange-To Points: (a) The headgate of the Agricultural Ditch located on the South bank of Clear Creek in the City of Golden, Jefferson County, Colorado, in the SW1/4 of Section 27, Township 3 South, Range 70 West of the 6th P.M. (b) The headgate of the Lee Stewart and Eskins Ditch located on the South bank of Clear Creek at a point whence the South quarter corner of Section 32, Township 3 South, Range 70 West of the 6th P.M. bears South 28° E 900 feet, more or less, in Jefferson County, Colorado. (c) The confluence of Lena Gulch and Clear Creek located in the NW1/4 SW1/4 of Section 22, Township 3 South, Range 69 West of the 6th P.M., Jefferson County, Colorado, and up said Lena Gulch to Applicant’s Maple Grove Reservoir located in the S1/2 of Section 29 and the N1/2 of Section 32, Township 3 South, Range 69 West of the 6th P.M., Jefferson County, Colorado. (d) The headgate of the Rocky Mountain Ditch, located on the South side of the Croke Dam in the NE1/4 NE1/4 NW1/4 of Section 26, Township 3 South, Range 70 West of the 6th P.M., Jefferson County, Colorado, at a point on the South side of Clear Creek which bears South 18°12’25” West, a distance of 401.11 feet from the North quarter-corner of said Section 26. (3) Source: Clear Creek, a tributary of the South Platte River, and the South Platte River. (4) Date of Appropriation: June 28, 1993. (5) Amounts: (a) 1.12 cfs, ABSOLUTE, 3.88 cfs, CONDITIONAL, for diversions at Maple Grove Reservoir. (b) 5.0 cfs, CONDITIONAL, for diversions at the headgate of the Agricultural Ditch, the Lee Stewart and Eskins Ditch, or Rocky Mountain Ditch. (6) Uses: All beneficial uses including municipal, irrigation, domestic, mechanical, commercial, industrial, recreation, fish and wildlife, augmentation, exchange, replacement, and any other use necessary, desirable, or incidental to the operation of the Consolidated Mutual Water Company’s water system, including reuse, successive use, and disposition in accordance with the decree in Case No. 94CW197. (c). The Clear Creek Exchange. (1) Exchange-From Points: (a) Maple Grove Reservoir on Lena Gulch in the S1/2 of Section 29 and the N1/2 of Section 32, Township 3 South, Range 69 West of the 6th P.M., Jefferson County, Colorado; and/or (b) Fairmount Reservoir located in the NE1/4 of Section 24, Township 3 South, Range 70 West of the 6th P.M., Jefferson County, Colorado; and/or (c) Welton Reservoir, formerly known as Fortune Reservoir, located in the S1/2 of Section 24, and the N1/2 of Section 25, Township 2 South, Range 70 West of the 6th P.M., Jefferson County, Colorado. (2) Exchange-To Points: (a) The headgate of the Agricultural Ditch located on the South bank of Clear Creek in the City of Golden, Jefferson County, Colorado, in the SW1/4 of Section 27, Township 3 South, Range 70 West of the 6th P.M. (b) The headgate of the Lee Stewart and Eskins Ditch located on the South bank of Clear Creek as a point whence

 

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the South quarter corner of Section 32, Township 3 South, Range 70 West of the 6th P.M. bears South 28° E 900 feet, more or less, in Jefferson County, Colorado. (c) The headgate of the Rocky Mountain Ditch, located on the South side of the Croke Dam in the NE1/4 NE1/4 NW1/4 of Section 26, Township 3 South, Range 70 West of the 6th P.M., Jefferson County, Colorado, at a point on the South side of Clear Creek which bears South 18°12’25” West, a distance of 401.11 feet from the North quarter-corner of said Section 26. (3) Source: Clear Creek, tributary of the South Platte River. (4) Date of Appropriation: June 28, 1993. (5) Amounts: (a) 90 cfs, CONDITIONAL, for diversions at the Agricultural Ditch. (b) 25 cfs, CONDITIONAL, for diversions at the Lee Stewart and Eskins Ditch. (c) 90 cfs, CONDITIONAL, for diversions at the Rocky Mountain Ditch. (6) Uses: All beneficial uses including municipal, irrigation, domestic, mechanical, commercial, industrial, recreation, fish and wildlife, augmentation, exchange, replacement, and any other use necessary, desirable, or incidental to the operation of the Consolidated Mutual Water Company’s water system, including reuse, successive use, and disposition in accordance with the decree in Case No. 94CW197. 5. Outline of work done and funds expended by Applicant during the relevant diligence period (March 22, 2010 through March 31, 2016) toward completion of the appropriation. (a) Applicant is the owner of other water rights, which together with the subject conditional water right form an integrated and unified municipal water supply system. Pursuant to § 37-92-301(4)(b), C.R.S., work on one feature of an integrated system shall be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the integrated system. Thus, work on any part of Applicant’s integrated municipal water supply system must be considered in finding that reasonable diligence has been shown for the subject conditional water rights. (b) Applicant diverted and beneficially used water under the exchange from the Metro Outfall to Maple Grove Reservoir. (c) Applicant expended over $542,000 for maintenance of Maple Grove Reservoir. (d) Applicant has expended approximately $25 million for the design and construction of its new municipal water treatment plan, and $12 million to expand the treated water distribution system for the Applicant’s Maple Grove service area. (e) Applicant expended over $141,000 for the repair and maintenance of its municipal water treatment plan. (f) Applicant budgets and expends approximately $2 million for improvements to its water distribution system each year (approximately $12 million during the current diligence period). Additionally, Applicant has completed planning and engineering studies associated with the planning, construction and continued operation of its integrated municipal water supply system. (g) Applicant renegotiated its water distributor agreement with Denver Water in 2013 to allow the Applicant the freedom to provide water to greater portions of the combined water distribution system that is the subject of the distributor agreement. The effect of this revised agreement was an increase in the number of customers that are provided water from the Applicant’s Maple Grove treatment plant. This in turn increased the demand for water yields from the various diversion points utilized by the Applicant and authorized as exchange to points for the Subject Water Rights. 6. Claim for Perfection of Conditional Water Right(s). On March 26, 2016, Applicant diverted a total of 6.62 acre feet at a rate of 3.34 cfs at Maple Grove Reservoir by exercise of the Metro Outfall Exchange for its decreed beneficial uses, in-priority and with notice and approval of the Water Commissioner. As 1.12 cfs of this portion of the Metro Outfall Exchange was previously made absolute by Case No. 03CW351, the Applicant claims an additional 2.22 cfs as absolute and seeks continued diligence for the remaining conditional rate of exchange of 1.66 cfs. For any remaining conditional rights of exchange that are the subject of this Application that are exercised and put to beneficial use during the pendency of this Application, Applicant will seek to also perfect such exchange right in this matter. 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 or existing storage pool is or will be constructed or upon which water is or will be stored. Not applicable. (8 pages)

AMENDMENTS

 

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16CW3002, Len Larson, 1067 N. Castlewood Drive, Franktown, CO 80116 (James J. Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), AMENDED APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS, DOUGLAS COUNTY. 20.5 acres being Lot 3, Castlewood North Subdivision, generally located in the NE1/4SW1/4 of Section 3, T8S, R66W of the 6th P.M., Douglas County. The original application referenced that the Subject Property was located in the NW1/4SW1/4 of Section 3, T6S, R66W. Further, Applicant prays that this Court grant the amended application and for such other relief as seems proper in the premises. (7 pages).

Per Order by Referee Cowan, Publication by Division 2 only. 16CW3014 (Division 2 case number 16CW3007) MUVISTA ENTERPRISES, LLC, Henry D. Worley, Worley Law Office LLC, 611 North Weber, Suite 104, Colorado Springs, CO 80903. Amendment to Application for Adjudication of Denver Basin Ground Water and for Approval of Plan for Augmentation. IN EL PASO COUNTY. Paragraph 2 of the application in this case is amended to reflect that the legal description of Applicant’s property is the W1/2 W1/2 SE1/4 Section 24, T. 12 S., R. 66 W., 6th P.M., in El Paso County, Colorado, rather than in T. 11 S., as appeared in the original application. Paragraph 11 of the application is amended to state that Applicant proposes to replace depletions during pumping with return flows from the ISDS, and to replace estimated post-pumping depletions of 207.5 acre feet with the nontributary Laramie-Fox Hills aquifer water decreed herein, 212 acre feet of which will be reserved for that purpose. THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED.

YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of MAY 2016 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be filed as an Original and include $158.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.