june, 2000 resume - co courts · 2010. 1. 7. · june, 2000 resume resume6-2000.doc 2 through wells...

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TO ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIVISION 1: Pursuant to CRS, 37-92-302, you are hereby notified that the following pages to comprise a resume of applications and amended applications filed in the office of the Water Clerk for Water Division No. 1 during the month of June, 2000. 2000CW084 LOIS E. SMITH, 12050 E. Arizona Ave., Aurora, CO 80012. Application for Underground Water Right, IN DOUGLAS COUNTY. Smith Well #222741 is located in the NW1/4SE1/4, S36, T6S, R66W, 6 th P.M., 1600’ from S section line and 1550’ from E section line. Source: Groundwater -Lower Dawson Aquifer Depth: 800’ Appropriation: 12/15/99 Amount claimed: 15 gpm (CONDITIONAL) 1.79 A/F annually. Proposed use: Domestic and irrigation of 28,800 area of lawn and gardens. Remarks: We will use the water for one house, some livestock and a tree farm. (2 pages) 2000CW085 BARBARA E. & BILLY D. DANIEL, 12068 N. 4 th Street, Parker, CO 80134. Application for Underground Water Right, IN DOUGLAS COUNTY. Daniel Well #171168 is located in the SW1/4SE1/4, S7, T6S, R66W, 6 th P.M., 270’ from S section line and 1980’ from the E section line, a/k/a Lot 4, Block 7, Grandview Estates. Source: Groundwater Depth: 320’ Appropriation: 6/30/1993 Amount claimed: 22 gpm Absolute Use: If non-irrigation describe purpose fully: One house, four horses. (2 pages) 2000CW086 (82CW440 & 93CW058) GLENN E. JOHNSON, 15491 Rist Canyon Road, Bellvue, CO 80512. Application to Make Absolute A Conditional Water Right, IN LARIMER COUNTY. Gates Upper Spring is located in the NE1/4SE1/4, S35, T8N, R71W, 6 th P.M., at a point which bears S 17 36’24”W, a distance of 1,044.40’ from the E1/4 corner of S35. Source: Natural spring. Appropriation: 12/31/1980 Amount: 0.0039 cfs-Absolute; 0.0157 cfs-CONDITIONAL. Use: Recreation, piscatorial and irrigation on up to 11 acres of pasture and 1 acre of lawn with other waters. Outline of what has been done toward completion: At 2:30 P.M., May 20, 1999, I measured the g.p.m. flow rate of the spring using a 5 gallon container and a stop watch. The 5 gallon container filled in 6.1 seconds. That equates to 49.18 gallons per minute. This sample was taken at the 2”overflow pipe. If claim to make absolute, Water Applied to beneficial use: Date: Appropriated 12/31/1980 and Adjudicated 12/31/1982. Amount: 0.0039 cfs Absolute; 0.0157 cfs CONDITIONAL. Use: Recreation, piscatorial and irrigation on 11 acres of pasture and 1 acre of lawn. Description of place of use where water is applied to beneficial use: NE1/4SE1/4, S35, T8N, R71W, 6 th P.M., at a point which bears S 17 36’24”W, a distance of 1,837.12’ from the E1/4 corner of S35. (2 pages) 2000CW087 CONCERNING THE APPLICATION FOR WATER RIGHTS OF PATRICIA KOERBER, APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF A PLAN FOR AUGMENTATION, IN THE NOT NONTRIBUTARY UPPER DAWSON AQUIFER, IN DOUGLAS COUNTY. 1. Name, Address, Telephone Number of Applicant: Patricia Koerber, 3187 Flintwood, Franktown, Colorado 80116 (303) 877-4507 (Holly I. Holder, Holly I. Holder, P.C., 518 17th Street, #1500, Denver, Colorado 80202 (303) 534-3636) 2. Well Permits: Well permits will be applied for prior to construction of the wells. 3. Legal Description of Wells and Subject Property: The wells which will withdraw groundwater from the not nontributary Upper Dawson aquifer will be located at any location on approximately 19.53 acres of land, known as Lot 2, Foxhill Subdivision, as generally located in the SE1/4 of said Section 29, T7S, R65W of the 6th P.M. ("Subject Property"). 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Upper Dawson aquifer is not nontributary as described in 37-90-103(10.7) and 37-90- 137(9)(c), C.R.S. 5. Estimated Amount and Rates of Withdrawal: The wells will withdraw the subject amounts of groundwater at rates of flow necessary to efficiently withdraw the entire decreed amounts. Applicant will withdraw the subject groundwater

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Page 1: June, 2000 Resume - CO Courts · 2010. 1. 7. · June, 2000 Resume resume6-2000.doc 2 through wells to be located at any location on the Subject Property, including an existing well

TO ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIVISION 1:Pursuant to CRS, 37-92-302, you are hereby notified that the following pages to comprise a resume ofapplications and amended applications filed in the office of the Water Clerk for Water Division No. 1during the month of June, 2000.

2000CW084 LOIS E. SMITH, 12050 E. Arizona Ave., Aurora, CO 80012. Application forUnderground Water Right, IN DOUGLAS COUNTY. Smith Well #222741 is located in theNW1/4SE1/4, S36, T6S, R66W, 6th P.M., 1600’ from S section line and 1550’ from E section line. Source:Groundwater -Lower Dawson Aquifer Depth: 800’ Appropriation: 12/15/99 Amount claimed: 15 gpm(CONDITIONAL) 1.79 A/F annually. Proposed use: Domestic and irrigation of 28,800 area of lawn andgardens. Remarks: We will use the water for one house, some livestock and a tree farm. (2 pages)

2000CW085 BARBARA E. & BILLY D. DANIEL, 12068 N. 4th Street, Parker, CO 80134.Application for Underground Water Right, IN DOUGLAS COUNTY. Daniel Well #171168 is located inthe SW1/4SE1/4, S7, T6S, R66W, 6th P.M., 270’ from S section line and 1980’ from the E section line,a/k/a Lot 4, Block 7, Grandview Estates. Source: Groundwater Depth: 320’ Appropriation: 6/30/1993Amount claimed: 22 gpm Absolute Use: If non-irrigation describe purpose fully: One house, four horses.(2 pages)

2000CW086 (82CW440 & 93CW058) GLENN E. JOHNSON, 15491 Rist Canyon Road, Bellvue,CO 80512. Application to Make Absolute A Conditional Water Right, IN LARIMER COUNTY. GatesUpper Spring is located in the NE1/4SE1/4, S35, T8N, R71W, 6th P.M., at a point which bears S 1736’24”W, a distance of 1,044.40’ from the E1/4 corner of S35. Source: Natural spring. Appropriation:12/31/1980 Amount: 0.0039 cfs-Absolute; 0.0157 cfs-CONDITIONAL. Use: Recreation, piscatorial andirrigation on up to 11 acres of pasture and 1 acre of lawn with other waters. Outline of what has been donetoward completion: At 2:30 P.M., May 20, 1999, I measured the g.p.m. flow rate of the spring using a 5gallon container and a stop watch. The 5 gallon container filled in 6.1 seconds. That equates to 49.18gallons per minute. This sample was taken at the 2”overflow pipe. If claim to make absolute, WaterApplied to beneficial use: Date: Appropriated 12/31/1980 and Adjudicated 12/31/1982. Amount: 0.0039cfs Absolute; 0.0157 cfs CONDITIONAL. Use: Recreation, piscatorial and irrigation on 11 acres ofpasture and 1 acre of lawn. Description of place of use where water is applied to beneficial use:NE1/4SE1/4, S35, T8N, R71W, 6th P.M., at a point which bears S 17 36’24”W, a distance of 1,837.12’from the E1/4 corner of S35. (2 pages)

2000CW087 CONCERNING THE APPLICATION FOR WATER RIGHTS OF PATRICIAKOERBER, APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOTNONTRIBUTARY SOURCES AND FOR APPROVAL OF A PLAN FOR AUGMENTATION, INTHE NOT NONTRIBUTARY UPPER DAWSON AQUIFER, IN DOUGLAS COUNTY. 1.Name, Address, Telephone Number of Applicant: Patricia Koerber, 3187 Flintwood,Franktown, Colorado 80116 (303) 877-4507 (Holly I. Holder, Holly I. Holder, P.C., 51817th Street, #1500, Denver, Colorado 80202 (303) 534-3636) 2. Well Permits: Wellpermits will be applied for prior to construction of the wells. 3. Legal Description ofWells and Subject Property: The wells which will withdraw groundwater from the notnontributary Upper Dawson aquifer will be located at any location on approximately19.53 acres of land, known as Lot 2, Foxhill Subdivision, as generally located in theSE1/4 of said Section 29, T7S, R65W of the 6th P.M. ("Subject Property"). 4. Sourceof Water Rights: The source of the groundwater to be withdrawn from the UpperDawson aquifer is not nontributary as described in 37-90-103(10.7) and 37-90-137(9)(c), C.R.S. 5. Estimated Amount and Rates of Withdrawal: The wells willwithdraw the subject amounts of groundwater at rates of flow necessary to efficientlywithdraw the entire decreed amounts. Applicant will withdraw the subject groundwater

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through wells to be located at any location on the Subject Property, including anexisting well as permitted in Permit No. 48287-A which well will be repermitted tooperate pursuant to the augmentation plan requested below. Applicant waives any 600foot spacing rule as described in Section 37-90-137(2), C.R.S. for wells located on theSubject Property. The estimated average annual amount of withdrawal available fromthe Upper Dawson aquifer as indicated below, is based on the Denver Basin Rules, 2C.C.R. 402-6. Applicant estimates the following annual amount is representative of theUpper Dawson aquifer underlying the Subject Property:

Saturated AnnualAquifer Thickness AmountUpper Dawson 130 feet 5 acre-feetThe average annual amounts available for withdrawal from the Upper Dawson aquiferwill depend on the hydrogeology and the legal entitlement of the Applicant. 6. WellFields: Applicant requests that this Court determine that Applicant has the right towithdraw all of the legally available groundwater lying below the Subject Property,through the wells requested herein, which may be located anywhere on the SubjectProperty, and any additional wells which may be completed in the future as Applicant'swell field. As additional wells are constructed, applications will be filed in accordancewith 37-90-137(10), C.R.S. 7. Proposed Use: Applicant will use all water withdrawnfrom the subject aquifers in a water system to be used, reused, successively used,leased, sold, or otherwise disposed of for the following beneficial purposes: municipal,domestic, industrial, commercial, irrigation, livestock watering, recreational, fish andwildlife, and fire protection uses. Said water will be produced for immediate applicationto said uses, both on and off the property, for storage and subsequent application tosaid uses, for exchange purposes, for replacement of depletions resulting from the useof water from other sources, and for augmentation purposes. 8. Jurisdiction: TheWater Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9. Description of plan for augmentation: A.Groundwater to be augmented: All of the Upper Dawson aquifer groundwater requestedherein as described in paragraph 5 above. Applicant reserves the right to increase ordecrease this amount without amending this application or republishing the same. B.Water rights to be used for augmentation: Return flows from the use of notnontributary and nontributary groundwater and direct discharge of nontributaryground water as decreed in Case No. 82CW450, District Court, Water Division 1.Applicant is the owner of all nontributary groundwater underlying the Subject Property,including but not limited to 5.8 acre-feet per year of groundwater in the Laramie-FoxHills aquifer. C. Statement of plan for augmentation: Applicant will use the UpperDawson water to serve up to 3 residential lots through individual wells, including theexisting well, for inhouse, irrigation, and stockwatering use on 3 residential lots. Thewells will withdraw at rates of flow of 15 gpm. For purposes of this application, inhouseuse will require approximately 0.3 acre-feet per year per lot, irrigation use will requireapproximately 0.057 acre-feet per year for irrigation of every 1000 square-feet of homelawn or garden, and stockwatering will require approximately 0.05 acre-feet per year forstockwatering of every 4 large domestic animals. Applicant reserves the right to amendthese values based on final planning considerations for the Subject Property. Sewagetreatment for inhouse use will be provided by non-evaporative septic systems.Consumptive use associated with in-house use will be approximately 10% of water usedand it is estimated that approximately 10% of water used for irrigation will be returnedto the stream system. Stockwatering uses will be considered to be 100% consumptivelyused. Before any other type of sewage treatment is proposed in the future, includingincorporation of the lots into a central sewage collection and treatment system,Applicant, or successors and assigns, will amend this decree prior to such change andthereby provide notice of the proposed change to other water users by publicationprocedures required by then existing law. During pumping Applicant will replace actualdepletions to the affected stream system pursuant to 37-90-137(9)(c), C.R.S. Applicant

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estimates that depletions may occur to the Cherry Creek stream system. Return flowsfrom use of the subject water rights via that stream system will accrue to the SouthPlatte River system, and those return flows are sufficient to replace actual depletionswhile the subject groundwater is being pumped. After the entire amount decreed hereinhas been withdrawn or after pumping ceases, Applicant will demonstrate that anydepletions which may occur to the stream systems are non-injurious and need not bereplaced. However, if the Court finds that such depletions need to be replaced,Applicant will reserve an adequate amount of nontributary groundwater underlying theSubject Property as decreed in Case No. 82CW450 to meet augmentation requirements.10. Remarks: A. Applicant claims the right to withdraw more than the average annualamounts estimated in paragraph 5B above pursuant to Rule 8A of the Statewide Rules,2 C.C.R. 402-7. B. Although Applicant has estimated the amounts of water available forwithdrawal from the Upper Dawson aquifer based on estimates of relative values forspecific yield and saturated thickness, Applicant requests the right to revise theestimates upward or downward, based on better or revised data, without the necessityof amending this application or republishing the same. C. Applicant will withdraw thenot nontributary Upper Dawson aquifer groundwater requested herein under the planof augmentation requested herein pursuant to 37-90-137(9)(c), C.R.S. WHEREFORE,Applicant prays that this Court enter a Decree: 11. Granting the application herein andawarding the water rights claimed herein as final water rights, except as to those issuesfor which jurisdiction of the Court will be specifically retained; 12. Specificallydetermining that: A. Applicant has complied with 37-90-137(4), C.R.S., and water islegally available for withdrawal by the wells proposed herein, but that jurisdiction willbe retained with respect to the average annual amounts of withdrawal specified hereinto provide for the adjustment of such amounts to conform to actual local aquifercharacteristics from adequate information obtained from wells or test holes drilled on ornear Applicant's property, pursuant to 37-92-305(11), C.R.S. and Denver Basin Rule9.A.; B. The groundwater in the Upper Dawson aquifer is not nontributary; C. Vestedor conditionally decreed water rights of others will not be materially injured by thewithdrawals of groundwater and the plan for augmentation proposed herein; D. Nofindings of diligence are required to maintain these water rights. FURTHER, Applicantprays that this Court grant such other relief as seems proper in the premises.

2000CW088 JAYE R. WILSON, 2323 Walker Road, Franktown, CO 80116. Application for WaterStorage Right, IN DOUGLAS COUNTY. Ty’s Pond is located in the NE1/4SW1/4, S34, T7S, R66W, 6th

P.M., 700’ W and 250’ S. of section 34. Name and capacity of ditch or ditches used to fill reservoir: A 16’length of 10” culvert will be placed as shown on the site map to allow water flow (when available) off”Mitchell Gulch”, by means of a flow gate attached at the end of the culvert. Source: Mitchell GulchAppropriation: 6/14/2000 Amount: 0.15 a/f CONDITIONAL. If off channel reservoir, rate of diversionin cfs for filling the reservoir: 7200 cubic feet or 15% of 1 acre feet. If-non irrigation, describe purposefully: There is currently some erosion occuring already in this site. This would stop any further erosion.The small reservoir/pond would be used for watering stock when water was present. Surface of area ofhigh water line: 180’ Maximum height of dam in feet: 6’ Length of dam in feet: 25’. Total capacity ofreservoir in acre feet: 0.15 acre feet (2 pages)

2000CW089 LEONARD D. WALKER, 12108 N. 4th Street, Parker, CO 80134. Application forUnderground Water Right, IN DOUGLAS COUNTY. Walkers Well #102325 is located in the SE of S7,T6S, R66W, 6th P.M., 412’ from S section line and 1790’ from the E section line, a/k/a Lot 3, Block 27,Grandview Estates. Source: Groundwater -Dawson Aquifer Depth: 295’ Appropriation: 8/18/1978Amount claimed: 15 gpm (1 A/F annually) Use: Domestic and irrigation of 15000 sq. ft. of lawn andgardens. (2 pages)

2000CW090 THE SILVA RANCH REGISTERED LIMITED LIABILITY LIMITEDPARTNERSHIP, 10864 N. Peyton Highway, Peyton, CO 80831. (Harold F. Hurst, Box 416, Kiowa, CO80117). Application for Spring Water Rights (C.R..S. 37-82-102), IN ELBERT COUNTY. Silva Springs

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1-8 are all located in S32, T10S, R63W. The common point of beginning for description of all structures isthe SE corner of S32, T10S. R63W, 6th P.M., with all bearings and distances referred to in relation to thetrue meridian.Silva Spring No. 1-S2 degrees 39’E from the common point of beginning 3477’.Silva Spring No. 2-S28 degrees 45’E from the common point of beginning 3770’.Silva Spring No. 3-S29 degrees 42’E from the common point of beginning 3708’.Silva Spring No. 4-S2 degrees 52‘E from the common point of beginning 2192’.Silva Spring No. 5-S37 degrees 43’E from the common point of beginning 1682’.Silva Spring No. 6-S66 degrees 46’E from the common point of beginning 1575’.Silva Spring No. 7-S68 degrees 0’E from the common point of beginning 1836’.Silva Spring No. 8-S77 degrees 53’E from the common point of beginning 1988’.

Rate of flow-Annual Appropriation and Source of Water

The source of all water claimed pursuant to this application is springs as defined in C.R.S. 37-82-102.

Silva Spring No. 1 40 gpm Annual appropriation 64.4 acre feet.Silva Spring No. 2 15 gpm Annual appropriation 24.15 acre feet.Silva Spring No. 3 20 gpm Annual appropriation 32.2 acre feet. Silva Spring No. 4 40 gpm Annual appropriation 64.4 acre feet. Silva Spring No. 5 30 gpm Annual appropriation 42.3 acre feet. Silva Spring No. 6 30 gpm Annual appropriation 42.3 acre feet. Silva Spring No. 7 35 gpm Annual appropriation 56.35 acre feet. Silva Spring No. 8 30 gpm Annual appropriation 42.3 acre feet.

Appropriation: 9/9/1972 Proposed uses: All lawful uses including replacement or augmentation of out ofpriority designated ground water. (2 pages)

2000CW091 GEORGE SACK AND MARIE SACK, 24600 E. 168th Avenue, Brighton,CO 80601 (Kim R. Lawrence, Lind, Lawrence & Ottenhoff LLP, 1011 Eleventh Avenue, Greeley,CO 80631) Application for Change of Water Right, IN WELD COUNTY. 2. Decreed name anddecreed point of diversion of structures for which change is sought: A. Burlington Ditch:1. Burlington Ditch South Platte Headgate: located in Section 14, Township 3 South, Range 68West, 6th P.M., Adams County. 2. Burlington Ditch First Creek Headgate: located in the NorthwestQuarter, Section 14, Township 2 South, Range 67 West, 6th P.M., Adams County. 3. BurlingtonDitch Second Creek Headgate: located in the Northwest Quarter, Southwest Quarter, Section 6,Township 2 South, Range 66 West, 6th P.M., Adams County. 4. Burlington Ditch Third CreekHeadgate: located in the Northeast Quarter, Southeast Quarter Section 32, Township 1 South,Range 66 West, 6th P.M., Adams County. 5. Metro Pump Station: discharges to the ditch at apoint in Section 12, Township 3 South, Range 68 West, 6th P.M., Adams County. B. Duck Lake(a/k/a Altura Reservoir): located in Geneva Creek with the right abutment in Section 36, Township5 South, Range 75 West, 6th P.M., Clear Creek County. C. Wellington Reservoir: located onBuffalo Creek in Sections 29, 30, 31, 32, Township 8 South, Range 71 West, 6th P.M., JeffersonCounty.1. Mendenhall Feeder Ditch: the headgate of which is located on Mendenhall Creek at a pointthat is South 50 degrees 51 minutes east a distance of 1,476.4 feet from the West quarter-cornerof Section 30, Township 8 South, Range 71 West, 6th P.M., Jefferson County. 2. Hicks CreekFeeder Ditch: the headgate of which is located on Hicks Creek at a point from which theNortheast corner of Section 29, Township 8 South, Range 71 West, 6th P.M., Jefferson County,bears north 1 degree 43 minutes east, 8,906 feet. 3. Craig Ditch (Class Section): the headgate ofwhich is located on Class Creek at a point South 29 decrees and 58 minutes East 422.4 feet fromthe West quarter-corner of Section 30, Township 8 South, Range 71 West, 6th P.M., JeffersonCounty. 4. Craig Ditch (Mendenhall Section): the headgate of which is located on MendenhallCreek at a point South 50 degrees 51 minutes east, 1,476.4 feet from the West quarter-corner ofSection 30, Township 8 South, Range 71 West, 6th P.M., Jefferson County. 4. Decreed prioritiesfor the Burlington Ditch Reservoir and Land Company.

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Appr Adjud. Case DistrictStructure Amount Source Date Date Number Court

Duggan Ditch (1) 16.28 cfs S. Platte River 04/01/64 04/28/83 6009 ArapahoeBurlington Ditch 350.00 cfs S. Platte River 11/20/85 07/08/93 11200 ArapahoeBurlington Ditch 50.00 cfs First Creek 09/01/86 07/08/93 11200 ArapahoeBurlington Ditch 250.00 cfs Second Creek 11/15/86 07/08/93 11200 ArapahoeBurlington Ditch 250.00 cfs Third Creek 09/15/87 07/08/93 11200 ArapahoeDuck Lake (Altura 70.00 af Geneva Creek 09/15/04 05/18/18 1777 Park Reservoir)

(1) The Burlington Ditch, Reservoir and land company owns 16.28 cfs or 59.416% of the DugganDitch water right.5. Decreed priorities of the Wellington Reservoir Company.

Appr. Adjud. Case DistrictStructure Amount Source Date Date Number Court

Duggan Ditch (1) 7.99 cfs South Platte 04/01/64 04/28/83 6009 ArapahoeWellington Res. 2747.72 af Buffalo Creek 05/31/92 06/21/22 1839 ParkWellington Res. Enl. 1652.00 af Buffalo Creek 06/05/20 06/21/22 W-186 JeffersonMendenhall Feeder Dit. 25.00 cfs Mendenhall Crk 09/03/92 06/21/22 1839 ParkHicks Creek Feeder Dit. 25.00 cfs Hicks Creek 12/31/21 06/21/22 1839 ParkWellington Well 04181-F 2.77 cfs Groundwater 10/11/63 12/31/72 W-4712 Water Div. 1Craig Dit. (Class Section) 25.00 cfs Class Creek 06/05/20 06/21/22 1839 ParkCraig Dit. (Mendenhall 75.00 cfs Mendenhall Crk 06/05/20 06/21/22 1839 Park Section)

6. Historic Use: The 18 paired shares were historically used to irrigate a total of 190.1 acres in theSW¼ of Section 21, T1N, R66W, Weld County, Colorado shown on the aerial photo, Exhibit 1,attached hereto, which land is under the Brighton Lateral. 7. Proposed Change: Applicants haveceased irrigation of 58 acres in the SW¼ of Section 21, T1N, R66W, Weld County, Colorado andare now irrigating 58 acres in the SE¼ of said Section 21, above the Brighton Lateral. TheDivision Engineer has approved such change but has required Applicants to obtain approval ofthe change of irrigated acres from the Water Court. Applicants seek a decree from the WaterCourt approving the use of the 18 paired shares on 190.1 acres in the S½ of Section 21, T1N,R66W, Weld County, Colorado. 8. Names and Addresses of Owners of Land on Which Structuresare Located: Applicants and Burlington Ditch Reservoir and Land Company and WellingtonReservoir Company, 80 S. 27th Avenue, Brighton, CO 80601.

2000CW092 EDWARD W. & SHERRY L. GREDIG, 12630 N. 6th Street, Parker, CO 80134.Application for Underground Water Right, IN DOUGLAS COUNTY. Gredig Well #98705 is locatedin the SE1/4NE1/4, S7, T6S, R66W, 6th P.M., 2100’ from N section line and 300’ from the E section line,a/k/a Lot 5, Block 12, Grandview Estates. Source: Groundwater Dawson Aquifer Depth: 285’Appropriation: 4/4/1978 Amount claimed: 15 gpm (1 a/f annually) Use: Domestic and irrigation of 1 acreof lawns and gardens (2 pages)

2000CW093 RICHARD L. TODD AND MARILYN L. EILAND, 12067 No. 4th Street, Parker, CO80134. Application for Underground Water Right, IN DOUGLAS COUNTY. Well #117408 is locatedin the SW1/4SE1/4, S7, T6S, R66W, 6th P.M., 550’ from S section line and 1830’ from the E section line,A/K/A Lot 8, Block 28, Grandview Estates. Source: Groundwater Depth: 250’ Appropriation: 11/28/80Amount claimed: 15 gpm If non-irrigation, describe purpose fully: Maintenance of vegetation/groundcover to prevent erosion and loss of top soil. (2 pages)

2000CW0094 Water Division 1 and Case No. 2000CW060 Water Division 2,CONCERNING THE APPLICATION FOR WATER RIGHTS OF DEAN AND KRISTI

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COUTURE, APPLICATION FOR UNDERGROUND WATER RIGHTS FROMNONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF APLAN FOR AUGMENTATION, IN THE NONTRIBUTARY ARAPAHOE, AND LARAMIE-FOXHILLS AND THE NOT NONTRIBUTARY DAWSON AND DENVER AQUIFERS, IN ELPASO COUNTY. 1. Name, Address, Telephone Number of Applicants: Dean and KristiCouture, 3365 Needles Drive, Colorado Springs, Colorado 80908 (719) 481-8189 (HollyI. Holder, Holly I. Holder, P.C., 518 17th Street, #1500, Denver, Colorado 80202 (303)534-3636). 2. Well Permits: Well permits will be applied for when Applicants areprepared to drill the wells. 3. Legal Description of Wells and Subject Property: The wellswhich will withdraw groundwater from the not nontributary Dawson and Denver andthe nontributary Arapahoe and Laramie-Fox Hills aquifers will be located onapproximately 40 acres of land located in the NE1/4SE1/4 of Section 22, T11S, R66Wof the 6th P.M, as shown on Attachment A hereto (Subject Property). 4. Source of WaterRights: The source of the groundwater to be withdrawn from the Dawson and Denveraquifers is not nontributary as described in 37-90-103(10.7) and 37-90-137(9)(c), C.R.S.The ground water to be withdrawn from the Arapahoe and Laramie-Fox Hills aquifer isnontributary groundwater as described in 37-90-103(10.5), C.R.S. 5. EstimatedAmounts and Rates of Withdrawal: The wells will withdraw the subject amounts ofgroundwater at rates of flow necessary to efficiently withdraw the entire decreedamounts. Applicants will withdraw the subject groundwater through wells to be locatedat any location on the Subject Property. Applicants waive the 600 foot spacing rule asdescribed in Section 37-90-137(2), C.R.S. for wells located on the Subject Property. Theestimated average annual amounts of withdrawal available from the subject aquifers asindicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. Applicantsestimate the following annual amounts are representative of the Dawson, Denver,Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property:

Saturated EstimatedAquifer Thickness Annual AmountDawson 440 feet 35.2 acre-feetDenver 557 feet 37.3 acre-feetArapahoe 237 feet 16.2 acre-feetLaramie-Fox Hills 197 feet 11.9 acre-feetThe average annual amounts available for withdrawal from the subject aquifers willdepend on the hydrogeology and the legal entitlement of the Applicants and representsa claim to all nontributary and not nontributary groundwater underlying the SubjectProperty. Applicants will also reserve amounts of Dawson and Denver aquifer water foruse through exempt wells, if necessary. 6. Well Fields: Applicants request that thisCourt determine that Applicants have the right to withdraw all of the legally availablegroundwater lying below the Subject Property, through the wells requested herein,which may be located anywhere on the Subject Property, and any additional wellswhich may be completed in the future as Applicants' well fields. As additional wells areconstructed, applications will be filed in accordance with 37-90-137(10), C.R.S. 7.Proposed Use: Applicants will use all water withdrawn from the subject aquifers in awater system to be used, reused, successively used, and after use leased, sold, orotherwise disposed of for the following beneficial purposes: municipal, domestic,industrial, commercial, irrigation, livestock watering, recreational, fish and wildlife, fireprotection, and any other beneficial purpose. Said water will be produced forimmediate application to said uses, both on and off the property, for storage andsubsequent application to said uses, for exchange purposes, for replacement ofdepletions resulting from the use of water from other sources, and for augmentationpurposes. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter ofthis application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9. Description ofplan for augmentation: A. Water and structures to be augmented: All or part of theDawson aquifer water requested herein over a period of 300 years. B. Water rights to beused for augmentation: Return flows from the use of not nontributary and nontributary

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groundwater and direct discharge of nontributary ground water. C. Statement of planfor augmentation: The subject Dawson aquifer groundwater may be used for inhouse,irrigation, and stockwatering purposes to serve up to 16 residential lots throughindividual wells. The Dawson aquifer water will be withdrawn at rates of flow of 15gpm. For purposes of this application, Applicants estimate that approximately 8.8 acre-feet per year will be withdrawn over a 300 year period. (Each well will withdraw 0.55acre-feet for inhouse use (0.3 acre-feet), irrigation (0.2 acre-feet), and stockwatering(0.05 acre-feet). Applicants reserve the right to revise these values without the need ofrepublishing this application. In the alternative, Applicant may use the water forirrigation of a commercial tree farm over 100 years of pumping. Each lot will utilizenon-evaporative septic systems. Consumptive use associated with inhouse use will beapproximately 10% of water used and it is estimated that approximately 10% of waterused for irrigation will be returned to the stream system. Stockwatering use will be100% consumptive. During pumping Applicants will replace actual depletions to theaffected stream system pursuant to 37-90-137(9)(c), C.R.S. Because depletions mayoccur in both Water Divisions 1 and 2, this application is being filed in both divisions.Return flows from the development through nonevaporative septic systems andirrigation use accrue to the South Platte River system and those return flows aresufficient to replace actual depletions to that system while those wells are beingpumped. Before any other type of sewage treatment is proposed in the future, includingincorporation of the lots into a central sewage collection and treatment system,Applicants, or successors and assigns, will amend this decree prior to such change andthereby provide notice of the proposed change to other water users by publicationprocedures required by then existing law. Depletions which may occur to the ArkansasRiver system may not be replaced by return flows from use of the water. If that is thecase, Applicants request that the total amount of depletion to both stream systems bereturned to one system and for a finding that those replacements are sufficient. In thealternative, depletions to the Arkansas River system will be replaced from other legallyavailable sources. After pumping ceases, Applicants will demonstrate that anydepletions which may occur to the stream systems are non-injurious and need not bereplaced. However, if the Court finds that such depletions need to be replaced,Applicants will reserve an adequate amount of nontributary groundwater underlying theSubject Property. 10. Remarks: A. Applicants claim the right to withdraw more than theaverage annual amounts estimated in paragraph 5B above pursuant to Rule 8A of theStatewide Rules, 2 C.C.R. 402-7. B. Although Applicants have estimated the amounts ofwater available for withdrawal from the subject aquifers based on estimates of relativevalues for specific yield and saturated thicknesses, Applicants request the right torevise the estimates upward or downward, based on better or revised data, without thenecessity of amending this application or republishing the same. C. Applicants willwithdraw all or parts of the not nontributary Dawson aquifer water requested hereinunder the plan of augmentation requested herein pursuant to 37-90-137(9)(c), C.R.S.WHEREFORE, Applicants pray that this Court enter a Decree: 11. Granting theapplication herein and awarding the water rights claimed herein as final water rights,except as to those issues for which jurisdiction of the Court will be specifically retained;12. Specifically determining that: A. Applicants have complied with 37-90-137(4),C.R.S., and water is legally available for withdrawal by the wells proposed herein, butthat jurisdiction will be retained with respect to the average annual amounts ofwithdrawal specified herein to provide for the adjustment of such amounts to conformto actual local aquifer characteristics from adequate information obtained from wells ortest holes drilled on or near Applicants' property, pursuant to 37-92-305(11), C.R.S.and Denver Basin Rule 9.A.; B. The groundwater in the Dawson and Denver aquifers isnot nontributary and ground water in the Arapahoe, and Laramie-Fox Hills aquifers isnontributary ground water; C. Vested or conditionally decreed water rights of others willnot be materially injured by the withdrawals of groundwater and the plan foraugmentation proposed herein; D. The post-pumping depletions caused by pumping of

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the not nontributary Dawson aquifer wells is noninjurious. FURTHER, Applicants praythat this Court grant such other relief as seems proper in the premises.

2000CW095 City of Boulder, P. O. Box 791, Boulder, Colorado 80306, (303) 441-3200 (Veronica A.Sperling, Moses, Wittemyer, Harrison & Woodruff, P.C., P.O. Box 1440, Boulder, Colorado 80306).APPLICATION FOR APPROVAL OF AMENDED PLAN FOR AUGMENTATION AND CHANGESOF WATER RIGHTS, IN BOULDER COUNTY. 1. General description of application: Applicant, Cityof Boulder (“Boulder”), is the successor-in-interest to the applicant in Case No. W-8652-77, District Court,Water Division No. 1. The decree entered in Case No. W-8652-77 on November 6, 1978, approved a planfor augmentation for 2 Laramie-Fox Hills formation wells that were to provide a water supply for a 29 unitcommercial/industrial development on approximately 80 acres located in the NW¼ of Section 25 and theNE¼ of Section 26, Township 1 North, Range 70 West of the 6th P.M., Boulder County, Colorado, near thesoutheast edge of Valmont and Hillcrest Reservoirs (“Ute Park Property”). The source of water foraugmentation included water rights associated with 2 shares of stock of the Enterprise Ditch Company.Boulder acquired the Ute Park Property and water rights in 1995. Boulder does not intend to construct thecommercial/industrial development for which the augmentation plan decreed in Case No. W-8652-77 wasapproved. Instead, Boulder’s Open Space Department intends to conduct some of its administrative,operations, and maintenance activities from facilities at the Ute Park Property and to use the wells on theUte Park Property as an indoor water supply for its activities. Boulder therefore seeks to amend the planfor augmentation decreed in Case No. W-8652-77 on November 6, 1978, as described more fully below, toprovide for a water supply for the Open Space facilities located on the Ute Park Property and to allow theportion of the 2 Enterprise Ditch Company shares not needed for augmentation and replacement to be usedfor irrigation on lands under the Enterprise Ditch. 2. Names of structures to be augmented: A. Ute Well:Well Permit No. 042385-F, issued on May 25, 1993, by the Office of the State Engineer, as a replacementpermit for original Well Permit No. 995. The Ute Well is located in the SE¼NW¼, Section 25, Township1 North, Range 70 West, of the 6th P.M., 2,100 feet from the North line and 2,550 feet from the East line ofsaid Section 25, Boulder County, Colorado. The source of water for the Ute Well is ground water from theLaramie-Fox Hills formation. The Ute Well has a water right for 0.045 cfs (20 g.p.m.), decreed in CaseNo. W-8651-77, District Court, Water Division No. 1, on November 6, 1978, with an appropriation date ofMarch 26, 1958. The decreed uses are stock water and irrigation (absolute) and domestic, municipal,commercial and fire protection (conditional). B. A.R.F. Well: Well Permit No. 042383-F, issued on May25, 1993, by the Office of the State Engineer, as a replacement permit for original Well Permit No. 12506.The A.R.F. Well is located in the SE¼NW¼, Section 25, Township 1 North, Range 70 West, of the 6th

P.M., 1,600 feet from the North line and 1,850 from the West line of said Section 25, Boulder County,Colorado. The source of water for the A.R.F. Well is ground water from the Laramie-Fox Hills formation.The A.R.F. Well has a water right for 0.045 cfs (20 g.p.m.), decreed in Case No. W-8651-77, DistrictCourt, Water Division No. 1, on November 6, 1978, with an appropriation date of August 14, 1962 for0.00777 cfs (3.5 g.p.m.) and December 31, 1970 for 0.03666 cfs (16.5 g.p.m.). The decreed uses aredomestic, municipal, commercial, irrigation, stock water and fire protection (all absolute). Are there otherwater rights diverted from these structures? No. 3. Previous decrees for water rights to be used foraugmentation and to be changed: A. Date decree entered, Case No. and Court, amount and appropriationdate: 0.07 share of stock of the Enterprise Ditch Company, a mutual ditch company with 44 shares. TheEnterprise Ditch was decreed water rights for irrigation use in the amounts of 34.08 cfs with anappropriation date of February 1, 1865, 6.68 cfs with an appropriation date of May 1, 1866, and 13.49 cfswith an appropriation date of June 1, 1881, by the District Court in and for Boulder County on June 2,1882, in Civil Action No. 1282. The 0.07 share of stock of the Enterprise Ditch Company proposed to beused for augmentation is a portion of the 2 Enterprise Ditch Company shares currently included in theaugmentation plan approved by the decree in Case No. W-8652-77. Boulder requests that the water rightsassociated with the balance of the 2 Enterprise Ditch Company shares not needed for augmentation andreplacement under the proposed amended plan for augmentation be changed as necessary to allow their usefor irrigation on lands under the Enterprise Ditch. B. Decreed point of diversion: The decreed point ofdiversion for the Enterprise Ditch is at or on the north side of Dry Creek about 120 rods from head of saidcreek in Township 1 South, Range 70 West. The actual point of diversion is in the SW¼ of Section 9,Township 1 South, Range 70 West of the 6th P.M. No change of point of diversion is requested herein. C.Source: South Boulder Creek, a tributary of Boulder Creek. D. Decreed Use: Direct flow irrigation andstorage, commercial, industrial, municipal, fire protection and augmentation purposes, as described in the

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decree in Case No. W-8652-77. The approximate locations of the structures described in paragraphs 3 and4 are shown on the map attached to the application as Appendix 1. 4. Historic Use: The water rightsassociated with the 2 Enterprise Ditch Company shares currently included in the augmentation planapproved by the decree in Case No. W-8562-77 were originally decreed and used for irrigation purposes.Since entry of the decree in Case No. W-8652-77, these water rights have been used for the purposesdescribed therein. 5. Description of Amended Plan for Augmentation and Proposed Change of WaterRights: Boulder requests that the existing augmentation plan for the Ute Well and the A.R.F. Well decreedin Case No. W-8652-77 and described in paragraph 2 above be amended (a) to reduce the volume of out-of-priority diversions and depletions allowed from the currently decreed amounts to the amounts describedbelow for the Open Space facilities located on the Ute Park Property; (b) to modify the method for makingwater available to replace out-of-priority depletions under the plan; (c) to reduce the number of EnterpriseDitch Company shares to be used for augmentation and replacement from the currently decreed 2 shares to0.07 shares; (d) to release the remaining 1.93 Enterprise Ditch Company shares from the plan and to changetheir use as necessary to allow use for irrigation on lands under the Enterprise Ditch; and (e) to make suchother amendments to the existing plan for augmentation as are necessary to allow use of the Ute Well andthe A.R.F. Well as proposed herein. The proposed amended plan for augmentation and changes of waterrights are more fully described as follows: A. The Ute Park Property is located in the NW¼ of Section 25and the NE¼ of Section 26 of Township 1 North, Range 70 West of the 6th P.M., Boulder County,Colorado, and consists of approximately 80 acres near the southeast edge of Valmont and HillcrestReservoirs. The approximate location of the Ute Park Property is shown on the map attached to theapplication as Appendix 1. Approximately 22 acres of the Ute Park Property were historically irrigatedusing water from the Enterprise Ditch. In more recent years the Ute Park Property was used for lightindustrial purposes and was slated for a commercial/industrial development. Two ground water wells werecompleted on the Ute Park Property in 1993 under Permit Nos. 042383-F (A.R.F. Well) and 042385-F (UteWell). These wells replaced two older wells, owned by previous owners of the Ute Park Property, that hadbeen permitted and decreed for approximately the same locations and uses as the newer wells. The permitsto construct the newer wells contained several conditions for permit approval including that their operationsare subject to conditions in the plan for augmentation for the older wells decreed in Case No. W-8652-77.These conditions include a requirement for augmentation water in an amount up to 1.62 acre-feet per year.The amount of the augmentation requirement was determined based on an estimated annual ground waterwithdrawal of 16.24 acre-feet and the assumption that indoor domestic use was no more than 10 percentconsumptive. The method of replacement involved use of water available to 2 shares of the EnterpriseDitch and construction of a small on-site reservoir to regulate water releases for augmentation purposes.The planned commercial/industrial development was never fully constructed. The Ute Park Property hasremained relatively undeveloped to date, although two businesses were present at the site and one of thesebusinesses continued to operate until 1997. B. Boulder purchased the Ute Park Property in 1995 but didnot take control of all buildings until late 1997. Boulder’s Open Space Department intends to conductsome of its administrative, operations, and maintenance activities from facilities at the Ute Park Property.Open Space will occupy the buildings existing on-site. Boulder’s purchase of the Ute Park Propertyincluded all water rights and water facilities associated with the property, including the Ute Well and theA.R.F. Well, the 2 shares of stock in the Enterprise Ditch Company, and the augmentation plan decree.Open Space intends to utilize the Ute Well and the A.R.F. Well on the Ute Park Property for indoor watersupply only (toilets, drinking water, etc.). That portion of the Laramie-Fox Hills formation from which theUte Well and the A.R.F. Well draw water is considered to be tributary. Use of these wells thereforerequires augmentation to replace out-of-priority depletions. C. Water requirements for Open Spacefacilities on the Ute Park Property have been estimated for ultimate levels of operation, including twobuildings located on the property. Water requirements are based on indoor use only by Open Space staffand include toilets, showers, drinking fountains and other relatively minor uses. Water requirements for thelong-term operational level at the Ute Park Property are estimated to be 2,500 gallons per day, with little orno daily or seasonal variability. This daily rate of ground water withdrawal equates to 2.8 acre-feet peryear. The actual amount of ground water withdrawn from the Ute Well and the A.R.F. Well for use in theOpen Space facilities will be measured through totalizing flow meters on the wells. D. Wastewaterdisposal associated with Open Space operations at the Ute Park Property is by use of an on-site leach field.Of the amount of ground water withdrawn from the Ute Well and the A.R.F. Well, at least 90 percent willreturn to the surface stream system from the leach field. Therefore, the amount of replacement waterrequired to augment out-of-priority depletions from use of the Ute Well and the A.R.F. Well for Open

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Space facilities at the Ute Park Property will be 10% of total withdrawals, or a maximum of 0.28 acre-feetper year. E. Depletions from the Ute Well and the A.R.F. Well affect Dry Creek upstream of the headgatefor the Leyner-Cottonwood Ditch. The Ute Park Property is located approximately 7,000 feet from DryCreek. As such, the depletive effect of well pumping at the Ute Park Property will be delayed. Becausewater use at the Ute Park Property will be limited to indoor uses only and will be constant throughout theyear, there will be little or no seasonal pattern in the amount of ground water withdrawn from the Ute Welland the A.R.F. Well. For this reason, after reaching a steady state condition, the depletive effect on DryCreek will be constant. The maximum monthly depletion associated with use of the Ute Well and theA.R.F. Well for Open Space facilities on the Ute Park Property will therefore be 0.023 acre-feet per month(7,495 gallons per month). F. Boulder proposes to replace the out-of-priority depletions associated with itsproposed use of the Ute Well and the A.R.F. Well and, in part and to the extent necessary to prevent injuryto other water rights, the historical return flows associated with the 0.07 Enterprise Ditch Company share,by use of accretions to Dry Creek from a recharge facility to be located on the Ute Park Property. Therecharge facility will be located in the SE¼SW¼NW¼ of Section 25, Township 1 North, Range 70 West ofthe 6th P.M., at the approximate location shown on the map attached to the application as Appendix 1. Thesurface area of the recharge facility will be approximately 1200 square-feet. The recharge facility will bedesigned as a small wetland area. The estimated average and maximum rates of delivery into the rechargefacility will be 3 gpm and 7.5 gpm, respectively. A portion of the water available to the 0.07 EnterpriseDitch Company share may also be left in the Enterprise Ditch for historic ditch loss or left undiverted in orreturned to the stream at the headgate to replace a portion of the historical return flows from the 0.07 share,as necessary to prevent injury to other water rights. G. The remaining 1.93 Enterprise Ditch Companyshares and associated water rights that are currently included in the existing plan for augmentation decreedin Case No. W-8652-77 are proposed to be released from the plan and changed as necessary to allow theiruse for irrigation on lands under the Enterprise Ditch. 6. Names and addresses of owners of land on whichstructures are located: A. Ute Well, A.R.F. Well, and proposed recharge facility: Boulder. B. EnterpriseDitch: Enterprise Ditch Company, c/o Jay Neibur, 1080 69th Street, Boulder, Colorado 80303.WHEREFORE, Boulder requests the Court to enter a decree (1) approving an amended plan foraugmentation allowing use of the Ute Well and the A.R.F. Well as described herein on such terms andconditions as are necessary to prevent injury to other water rights, (2) releasing 1.93 Enterprise DitchCompany shares and the associated water rights from the existing augmentation plan decreed in Case No.W-8652-77 and approving their use for irrigation purposes on lands under the Enterprise Ditch and (3)vacating the decree in Case No. W-8562-77. (8 pages and 1 appendix)

2000CW096 CONCERNING THE APPLICATION FOR WATER RIGHTS OF DOUGLASWALKER AND CHARLES AND BONNI DOMMER, APPLICATION FOR UNDERGROUNDWATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES ANDFOR APPROVAL OF A PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY UPPERAND LOWER ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARYDENVER AQUIFERS, IN ARAPAHOE COUNTY. 1. Name, Address, Telephone Number ofApplicants: Douglas Walker, 19311 E. Caley Drive, Aurora, Colorado 80016 (303) 807-5426 and Charles and Bonni Dommer, 19255 East Caley Drive, Aurora, Colorado80016(Holly I. Holder, Holly I. Holder, P.C., 518 17th Street, #1500, Denver, Colorado80202 (303) 534-3636). 2. Well Permits: Well permits will be applied for prior toconstruction of the wells. 3. Legal Description of Wells and Subject Property: The wellswhich will withdraw groundwater from the not nontributary Denver and nontributaryUpper and Lower Arapahoe and Laramie-Fox Hills aquifers will be located at anylocation on approximately 9.64 acres of land located in the N1/2SW1/4 of Section 22,T5S, R66W of the 6th P.M., being Lots 90A and 90B, Piney Creek Ranches, Filing No.2A Amended, as shown on Attachment A hereto ("Subject Property"). Applicant DouglasWalker is the owner of Lot 90B (7.14 acres) and Applicants Charles and Bonni Dommerare owners of Lot 90A (2.5 acres). 4. Source of Water Rights: The source of thegroundwater to be withdrawn from the Denver aquifer is not nontributary as describedin 37-90-103(10.7) and 37-90-137(9)(c), C.R.S. The groundwater to be withdrawn fromthe Upper and Lower Arapahoe and Laramie-Fox Hills aquifers is nontributarygroundwater as described in 37-90-103(10.5), C.R.S. 5. Estimated Amounts and Rates

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of Withdrawal: The wells will withdraw the subject amounts of groundwater at rates offlow necessary to efficiently withdraw the entire decreed amounts. Applicants willwithdraw the subject groundwater through wells to be located at any location on theSubject Property, including an existing well completed into the Denver aquifer which isthe subject of Permit No. 164201 which well will be repermitted to operate pursuant tothe augmentation plan requested below. Applicants waive any 600 foot spacing rule asdescribed in Section 37-90-137(2), C.R.S. for wells located on the Subject Property. Theestimated average annual amounts of withdrawal available from the subject aquifers asindicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. Applicantsestimate the following annual amounts are representative of the Denver, Arapahoe andLaramie-Fox Hills aquifers underlying the Subject Property:

Saturated AnnualAquifer Thickness AmountDenver 273 feet 4.4 acre-feetUpper Arapahoe 53 feet 0.8 acre-feetLower Arapahoe 141 feet 2.3 acre-feetLaramie-Fox Hills 205 feet 2.9 acre-feetThe average annual amounts available for withdrawal from the subject aquifers willdepend on the hydrogeology and the legal entitlement of the Applicants and representsa claim to all nontributary and not nontributary groundwater which is the subject ofthis application underlying the Subject Property. 6. Well Fields: Applicants request thatthis Court determine that Applicants have the right to withdraw all of the legallyavailable groundwater lying below the Subject Property, through the wells requestedherein, which may be located anywhere on the Subject Property, and any additionalwells which may be completed in the future as Applicants' well fields. As additionalwells are constructed, applications will be filed in accordance with 37-90-137(10),C.R.S. 7. Proposed Use: Applicants will use all water withdrawn from the subjectaquifers in a water system to be used, reused, successively used, leased, sold, orotherwise disposed of for the following beneficial purposes: municipal, domestic,industrial, commercial, irrigation, livestock watering, recreational, fish and wildlife, andfire protection uses. Said water will be produced for immediate application to said uses,both on and off the property, for storage and subsequent application to said uses, forexchange purposes, for replacement of depletions resulting from the use of water fromother sources, and for augmentation purposes. 8. Jurisdiction: The Water Court hasjurisdiction over the subject matter of this application pursuant to 37-92-302(2), and37-90-137(6), C.R.S. 9. Description of plan for augmentation: A. Groundwater to beaugmented: All of the Denver aquifer groundwater requested herein as described inparagraph 5 above. Applicants reserve the right to increase or decrease this amountwithout amending this application or republishing the same. B. Water rights to be usedfor augmentation: Return flows from the use of not nontributary and nontributarygroundwater and direct discharge of nontributary ground water. C. Statement of planfor augmentation: Applicants will use the Denver aquifer water to serve their tworesidential lots through individual wells, including the existing well. The wells withwithdraw at rates of flow of 15 gpm. For purposes of this application, inhouse use willrequire approximately 0.3 acre-feet per year per lot, irrigation use will requireapproximately 0.057 acre-feet per year for irrigation of every 1000 square-feet of homelawn or garden, and stockwatering will require approximately 0.05 acre-feet per year forstockwatering of every 4 large domestic animals. Sewage treatment for inhouse use willbe provided by non-evaporative septic systems. Consumptive use associated with in-house use will be approximately 10% of water used and it is estimated thatapproximately 10% of water used for irrigation will be returned to the stream system.Stockwatering uses will be considered to be 100% consumptively used. Before anyother type of sewage treatment is proposed in the future, including incorporation of thelots into a central sewage collection and treatment system, Applicants, or successorsand assigns, will amend this decree prior to such change and thereby provide notice of

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the proposed change to other water users by publication procedures required by thenexisting law. During pumping Applicants will replace an amount equal to 4% of theannual amount withdrawn to the affected stream system pursuant to 37-90-137(9)(c),C.R.S. Applicants estimate that depletions may occur to the Piney Creek streamsystem. Return flows from use of the subject water rights via that stream system willaccrue to the South Platte River system, and those return flows are sufficient to replaceactual depletions while the subject groundwater is being pumped. After the entireamount decreed herein has been withdrawn or after pumping ceases, Applicants willdemonstrate that any depletions which may occur to the stream systems are non-injurious and need not be replaced. However, if the Court finds that such depletionsneed to be replaced, Applicants will reserve an adequate amount of nontributarygroundwater underlying the Subject Propertyy to meet augmentation requirements. 10.Remarks: A. Applicants claim the right to withdraw more than the average annualamounts estimated in paragraph 5B above pursuant to Rule 8A of the Statewide Rules,2 C.C.R. 402-7. B. Although Applicants have estimated the amounts of water availablefor withdrawal from the subject aquifers based on estimates of relative values forspecific yield and saturated thickness, Applicants request the right to revise theestimates upward or downward, based on better or revised data, without the necessityof amending this application or republishing the same. C. Applicants will withdraw thenot nontributary Denver aquifer groundwater requested herein under the plan ofaugmentation requested herein pursuant to 37-90-137(9)(c), C.R.S. WHEREFORE,Applicants pray that this Court enter a Decree: 11. Granting the application herein andawarding the water rights claimed herein as final water rights, except as to those issuesfor which jurisdiction of the Court will be specifically retained; 12. Specificallydetermining that: A. Applicants have complied with 37-90-137(4), C.R.S., and water islegally available for withdrawal by the wells proposed herein, but that jurisdiction willbe retained with respect to the average annual amounts of withdrawal specified hereinto provide for the adjustment of such amounts to conform to actual local aquifercharacteristics from adequate information obtained from wells or test holes drilled on ornear Applicants property, pursuant to 37-92-305(11), C.R.S. and Denver Basin Rule9.A.; B. The groundwater in the Denver aquifer is not nontributary and groundwater inthe Upper and Lower Arapahoe and Laramie-Fox Hills aquifers is nontributarygroundwater; C. Vested or conditionally decreed water rights of others will not bematerially injured by the withdrawals of groundwater and the plan for augmentationproposed herein; D. No findings of diligence are required to maintain these water rights.FURTHER, Applicants pray that this Court grant such other relief as seems proper inthe premises.

2000CW097 CONCERNING THE APPLICATION FOR WATER RIGHTS OF LAWRENCECONSTRUCTION COMPANY, APPLICATION FOR UNDERGROUND WATER RIGHTSFROM NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF A PLAN FORAUGMENTATIONIN THE NOT NONTRIBUTARY ARAPAHOE, AND LARAMIE-FOX HILLSAQUIFERS, IN DOUGLAS COUNTY. 1. Name, Address, Telephone Number ofApplicant: Lawrence Construction Company, 9002 North Moore Road, Littleton,Colorado 80125 (303) 791-5642 (Holly I. Holder, Holly I. Holder, P.C., 518 17th Street,#1500, Denver, Colorado 80202 (303) 534-3636). 2. Well Permits: Well permits willbe applied for prior to construction of the wells. 3. Legal Description of Wells andSubject Property: The wells which will withdraw groundwater from the not nontributaryArapahoe and Laramie-Fox Hills aquifers will be located at any location onapproximately 18 acres of land located in the SE1/4 of Section 29, T6S, R68W of the6th P.M., as more particularly described and shown on Attachment A hereto ("SubjectProperty"). 4. Source of Water Rights: The source of the groundwater to be withdrawnfrom the Arapahoe, and Laramie-Fox Hills aquifers is not nontributary as described in37-90-103(10.7) and 37-90-137(9)(c), C.R.S. 5. Estimated Amounts and Rates ofWithdrawal: The wells will withdraw the subject amounts of groundwater at rates of

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flow necessary to efficiently withdraw the entire decreed amounts. Applicant willwithdraw the subject groundwater through wells to be located at any location on theSubject Property. Applicant may also withdraw the water in the Arapahoe aquiferthrough an existing well which is the subject of Well Permit No. 20222-RF. Applicantwaives the 600 foot spacing rule as described in Section 37-90-137(2), C.R.S. for wellslocated on the Subject Property. The estimated average annual amounts of withdrawalavailable from the subject aquifers as indicated below, are based upon the Denver BasinRules, 2 C.C.R. 402-6. Applicant estimates the following annual amounts arerepresentative of the Arapahoe and Laramie-Fox Hills aquifers underlying the SubjectProperty:

Saturated AnnualAquifer Thickness AmountArapahoe 300 feet 9.2 acre-feetLaramie-Fox Hills 174 feet 4.7 acre-feetThe average annual amounts available for withdrawal from the subject aquifers willdepend on the hydrogeology and the legal entitlement of the Applicant and represents aclaim to the not nontributary groundwater underlying the Subject Property which is thesubject of this application. 6. Well Fields: Applicant requests that this Court determinethat Applicant has the right to withdraw all of the legally available groundwater lyingbelow the Subject Property, through the wells requested herein, which may be locatedanywhere on the Subject Property, and any additional wells which may be completed inthe future as Applicant's well fields. As additional wells are constructed, applicationswill be filed in accordance with 37-90-137(10), C.R.S. 7. Proposed Use: Applicant willuse all water withdrawn from the subject aquifers in a water system to be used, reused,successively used, and after use leased, sold, or otherwise disposed of for the followingbeneficial purposes: municipal, domestic, industrial, commercial, irrigation, livestockwatering, recreational, fish and wildlife, and fire protection. Said water will be producedfor immediate application to said uses, both on and off the property, for storage andsubsequent application to said uses, for exchange purposes, for replacement ofdepletions resulting from the use of water from other sources, and for augmentationpurposes. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter ofthis application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9. Description ofplan for augmentation: A. Groundwater to be augmented: All of the Arapahoe aquifergroundwater to be decreed herein as described in paragraph 5 above. Applicantreserves the right to decrease or increase this amount without amending thisapplication or republishing the same. B. Water rights to be used for augmentation:Return flows from the use of not nontributary and nontributary groundwater and directdischarge of nontributary ground water. C. Statement of plan for augmentation: Thesubject Arapahoe aquifer groundwater will be used for domestic, commercial, irrigationof a tree farm, and replacement purposes. For purposes of this application, an amountof 0.3 acre-feet per year is associated with domestic and commercial use, and irrigationwill require 0.057 acre-feet per year for each 1000 square-feet of lawn, garden andtrees. Applicant reserves the right to amend these uses and values based on finalplanning of the Subject Property. Sewage treatment for the domestic and commercialuse will be provided by non-evaporative septic systems. Consumptive use associatedwith domestic and commercial use will be approximately 10% of water used and it isestimated that approximately 10% of water used for irrigation will be returned to thestream system. Replacement water will be 100% consumed. Before any other type ofsewage treatment is proposed in the future, including incorporation of the lots into acentral sewage collection and treatment system, Applicant, or successors and assigns,will amend this decree prior to such change and thereby provide notice of the proposedchange to other water users by publication procedures required by then existing law.During pumping Applicant will replace depletions in an amount equal to 4% of theannual amount withdrawn to Plum Creek pursuant to 37-90-137(9)(c), C.R.S. Returnflows from use of the subject water rights will accrue to the South Platte River system

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via that system, and those return flows are sufficient to replace an amount equal to 4%of the annual amount withdrawn while the subject groundwater is being pumped. Afterthe 100th year, after the entire amount has been withdrawn, or after pumping ceases,Applicant will demonstrate that any depletions which may occur to the stream systemsare non-injurious and need not be replaced. However, if the Court finds that suchdepletions need to be replaced, Applicant will purchase an amount of nontributarygroundwater which is equal to the amount to be withdrawn herein to be reserved forfuture use in this augmentation plan. Said water may be water decreed in Case No.94CW100, District Court, Water Division 1, which water is generally located in parts ofSections 12 and 13, T8S, R68W and Sections 17 and 18, T8S, R67W of the 6th P.M. 10.Remarks: A. pplicant claims the right to withdraw more than the average annualamounts estimated in paragraph 5B above pursuant to Rule 8A of the Statewide Rules,2 C.C.R. 402-7. B. Although Applicant has estimated the amounts of water available forwithdrawal from the subject aquifers based on estimates of relative values for specificyield and saturated thicknesses, Applicant requests the right to revise the estimatesupward or downward, based on better or revised data, without the necessity ofamending this application or republishing the same. C. Applicant will withdraw the notnontributary Arapahoe aquifer groundwater requested herein under the plan ofaugmentation requested herein pursuant to 37-90-137(9)(c), C.R.S. WHEREFORE,Applicant prays that this Court enter a Decree: 11. Granting the application herein andawarding the water rights claimed herein as final water rights, except as to those issuesfor which jurisdiction of the Court will be specifically retained; 12. Specificallydetermining that: A. Applicant has complied with 37-90-137(4), C.R.S., and water islegally available for withdrawal by the wells proposed herein, but that jurisdiction willbe retained with respect to the average annual amounts of withdrawal specified hereinto provide for the adjustment of such amounts to conform to actual local aquifercharacteristics from adequate information obtained from wells or test holes drilled on ornear Applicant's property, pursuant to 37-92-305(11), C.R.S. and Denver Basin Rule9.A.; B. The groundwater in the Arapahoe, and Laramie-Fox Hills aquifers is notnontributary groundwater; C. Vested or conditionally decreed water rights of others willnot be materially injured by the withdrawals of groundwater and the plan foraugmentation proposed herein; D. No findings of diligence are required to maintainthese water rights. FURTHER, Applicant prays that this Court grant such other relief asseems proper in the premises.

2000CW098 VOID

2000CW099 VOID

2000CW100 Frank Reynolds, 1212 8th Avenue, Greeley, CO 80631 (P. Andrew Jones, Lind,Lawrence & Ottenhoff LLP, 1011 Eleventh Avenue, Greeley, Colorado 80631) Application forConditional Water Rights in Weld County. 2. Name of Structure: Behrens Drainage DitchDiversion No. 1. A. Legal Description of Point of Diversion: In the West ½ of the West ½ ofSection 28, Township 5 North, Range 65 West of the 6th P.M. B. Source: Seepage waterscollecting in the Behrens Drainage Ditch, which originates in the North ½ of the North ½ ofSection 32, Township 5 North, Range 65 West of the 6th P.M., proceeds in an easternly andnortherly direction across the Northwest 1/4 of the North West 1/4 of Section 33, Township 5North, Range 65 West of the 6th P.M. and the East ½ of the West ½ of Section 28, Township 5North, Range 65 West of the 6th P.M., thence in a northerly direction across lands owned by theapplicant in the West ½ of the West ½ of Section 28, Township 5 North, Range West of the 6th

P.M. C. 1. Date of Initiation of Appropriation: 6/1/1908.2. How Appropriation was Initiated:Construction of the drain ditch, diversion and beneficial use. D. Amount Claimed: 7 c.f.s.,absolute. E. Use: Irrigation of 140 acres in the West ½ of the West ½ of Section 28, Township 5North, Range 65 West of the 6th P.M. 3. Name and Address of Owners of Land upon which theStructures are located: Applicant. Behrens Drainage Ditch No. 1 is located on the lands of the

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Applicant in the West ½ of the West ½ of Section 28, Township 5 North, Range 65 West of the6th P.M.

2000CW101 Schneider Ditch Company, c/o Neno Datteri, 5503 CR 33, Atwood, Colorado 80722(Kim R. Lawrence, Lind, Lawrence & Ottenhoff LLP, 1011 Eleventh Avenue, Greeley, Colorado80631) Application for Change of Water Rights and Underground Water Rights in Logan,Morgan and Washington Counties. 2. Decreed Name of Structures: Schneider Ditch, 566.5Logan-Prewitt District acres, Accomasso Bros. Well No. 1-RF-438, Accomasso Bros. Well No. 2-2687-F, Datteri Well No. R-11751-RF, Fiebig Well No. 1-14136-R (Cecil Farms), Well No. 1-04327-F (DJ & J Farms), BFM Well No. 1-R-5946, BFM Well No. 2-38879-F (Hoogland LivingTrust), Michel/Fritzler Well No. 1-6392-RR (Klindt & Michel), Well No. 15263-R (Klindt &Weakely), Michel Well No. 04355-F, Pedroni Well No. 1-04430-F (Antonsen), Well No. 04428-F(Propst Bros. Inc.), Well No. 1-Unregistered, State Engineer’s Filing Map No. 20467(Rasmussen), Crist/Hopkins/Altergott Well No. 7195-R (Lingreen), T. A. Smart & Son, Inc. WellNo. 5962-F, Well No. 19901-R (Trahern Hay Inc.), Well No. 1-Unregistered (Division of Wildlife).3. Previous Decrees: A. Schneider Ditch was decreed in the Logan County District Court, CaseNo. 547 on May 29, 1897 for 11 c.f.s. with an appropriation date of April 10, 1873; Case No. 766on November 15, 1894 for 25 c.f.s with an appropriation date of July 15, 1875 and 22 c.f.s with anappropriation date of October 20, 1880 for irrigation purposes the point of diversion being on theSouth bank of the South Platte River near the NW¼, SW¼ of Section 9, Township 6 North,Range 53 West of the 6th P.M. Logan County, Colorado. B. The Prewitt inlet canal is located inSection 24, Township 4 North, Range 55 West of the 6th P.M., Morgan County, Colorado and thePrewitt Reservoir is located in Section 2, Township 5 North, Range 54 West of the 6th P.M.,Washington and Logan Counties, Colorado. 566.5.3 acre-rights of Logan-Prewitt are used toirrigate lands under the Schneider Ditch and those rights are entitled to a prorata amount of thefollowing decrees:

Case No. Amount Appropriation Adjudication2142 32,300 af 5/25/1910 1/15/191416704 34,960 af 12/31/1929 10/18/1965

C. Accomasso. A decree was entered in the Water Court, Water Division m 1, Case No. W-3278on August 25, 1975 adjudicating Accomasso Bros. Well No. 1-RF-438 located in the SE¼, NE¼of Section 9, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado, at apoint 2630 feet South and 1320 feet West of the Northeast corner of said Section 9, with a date ofappropriation of June 30, 1954 in the amount 6.66 c.f.s. for the irrigation of 150 acres in the SE¼,NE¼ and part of SW¼, NE¼ of §9; 80 acres in the W½,NW¼ §10; 25 acres in theS½,SW¼,SW¼ §3; all in Township 6 North, Range 53 West of the 6th P.M., Logan County,Colorado; and Accomasso Bros. Well No. 2-2687-F located in the SE¼, NW¼ of Section 10,Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado, at a point 2630 feetSouth and 1330 feet East of the Northwest corner of said Section 10, with a date of appropriationof August 10, 1960 in the amount 4.58 c.f.s. for the irrigation of 80 acres in the E½, NW¼ of §10;40 acres in the SE¼,SW¼ §3; all in Township 6 North, Range 53 West of the 6th P.M., LoganCounty, Colorado. D. Datteri. A decree was entered in the Water Court, Water Division No. 1,Case No. W-1250-77 on October 2, 1980 adjudicating Datteri Well No. R-11751-RF located inthe SW¼, NE¼ of Section 3, Township 6 North, Range 53 West of the 6th P.M., Logan County,Colorado, at a point 12 feet North and 2650 feet East of the Southwest corner of said Section 3,with a date of appropriation of May 15, 1955 in the amount 6.67 c.f.s. for the irrigation in the SE¼,§3; W½,SW¼, §2; all in Township 6 North, Range 53 West of the 6th P.M., Logan County,Colorado. The conditional portion was made absolute in Case No. 84-CW-072 on April 29, 1987.E. Cecil Farms. A decree was entered in the Water Court, Water Division No. 1, Case No. W-1614 on September 11, 1975 adjudicating Fiebig Well No. 1-14136-R located in the SE¼, SW¼of Section 25, Township 7 North, Range 53 West of the 6th P.M., Logan County, Colorado, at apoint 73 feet North and 1170 feet East of the Southwest corner of said Section 25, with a date ofappropriation of May 15, 1954 in the amount 5.55 c.f.s. for the irrigation of 80 acres in the S½,SE¼,160 acres in the SW¼, 80 acres in the S½,NW¼ of §25; 40 acres in the NW¼,SE¼, 40

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acres in the SE¼,SE¼ §26; all in Township 7 North, Range 53 West of the 6th P.M., LoganCounty, Colorado. F. DJ & J Farms. A decree was entered in the Water Court, Water Division No.1, Case No. W-796 on October 18, 1971 adjudicating Well No. 1-04327-F located in the NE¼,SE¼ of Section 25, Township 7 North, Range 53 West of the 6th P.M., Logan County, Colorado,at a point 2620 feet South and 1300 feet East of the Northwest corner of said Section 25, with adate of appropriation of July 1, 1963 in the amount 7.79 c.f.s. for irrigation. G. Hoogland LivingTrust: A decree was entered in the Water Court, Water Division No. 1, Case No. W-1936 on April5, 1976 adjudicating Lebsack Feedyards Well No. 2-R-5946 located in the SW¼, SE¼ of Section10, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado, at a point N64°12' E, 133 feet from the S¼ corner of said Section 10, with a date of appropriation of June 1,1955 in the amount 5.39 c.f.s. for the irrigation of 334 acres in the NE¼,§ 10, all that part of NW¼§11 lying northwest of Diagonal County Road; all that part of SE¼ of §10 lying northwest of theDiagonal County Road all in Township 6 North, Range 53 West of the 6th P.M., Logan County,Colorado. A decree was entered in the Water Court, Water Division No. 1, Case No. 91-CW-014on December 18, 1992 decreeing BFM Well No. 1-R-5946 and BFM Well No. 2-38879-F asalternate points of diversion for the Schneider Ditch, Davis Bros. Ditch and Logan-Prewitt. BFMWell No. 2-38879-F is located in the SE¼, NE¼ of Section 10, Township 6 North, Range 53 Westof the 6th P.M., Logan County, Colorado, at a point 2275 feet South and 1270 feet West of theNortheast corner of said Section 10, in the amount 5.33 c.f.s. for irrigation. H. Klindt & Michel. Adecree was entered in the Water Court, Water Division No. 1, Case No. W-1574 on April 28, 1975adjudicating Michel/Fritzler Well No. 1-6392-RR located in the NW¼, SE¼ of Section 35,Township 7 North, Range 53 West of the 6th P.M., Logan County, Colorado, at a point 1342 feetNorth and 2588 feet West of the Southeast corner of said Section 35, with dates of appropriationof July 1, 1954 and January 29, 1965 in the amounts of 3.775 c.f.s. and 1.115 c.f.s. for irrigationof 180 acres in the NE¼; NW¼, SE¼; N½,NE¼, SE¼ of §35, Township 7 North, Range 53 Westof the 6th P.M., Logan County, Colorado. I. Klindt & Weakley. A decree was entered in the WaterCourt, Water Division No. 1, Case No. W-816 on July 12, 1973 adjudicating Well No. 15263-Rlocated in the SW¼, NW¼ of Section 36, Township 7 North, Range 53 West of the 6th P.M.,Logan County, Colorado, at a point 2041 feet South and 43 feet East of the Northwest corner ofsaid Section 36, with a date of appropriation of May 31, 1954 in the amount of 4.44 c.f.s. forirrigation of 192 acres in the N½ of §36, Township 7 North, Range 53 West of the 6th P.M.,Logan County, Colorado. J. Michel. A decree was entered in the Water Court, Water DivisionNo. 1, Case No. W-1573 on December 26, 1972 adjudicating Michel Well No. 04355-F located inthe SE¼, NE¼ of Section 3, Township 6 North, Range 53 West of the 6th P.M., Logan County,Colorado, at a point 2620 feet South and 1277 feet West of the Northeast corner of said Section3, with a date of appropriation of June 1, 1963 in the amount of 2.85 c.f.s. for irrigation of 65 acresin the SE¼, NE¼ of §3; 70 acres in the W½, NW¼ of §35 all in Township 7 North, Range 53West of the 6th P.M., Logan County, Colorado. K. Antonsen. A decree was entered in the WaterCourt, Water Division No. 1, Case No. W-4116 on February 19, 1975 adjudicating Pedroni WellNo. 1-04430-F located in the NE¼, SW¼ of Section 35, Township 7 North, Range 53 West of the6th P.M., Logan County, Colorado, at a point 1329 feet North and 1777 feet East of theSouthwest corner of said Section 35, with a date of appropriation of July 15, 1963 in the amountof 4.901 c.f.s. for irrigation of 110 acres in the N½, SW¼; S½,NW¼ of §35, Township 7 North,Range 53 West of the 6th P.M., Logan County, Colorado. L. Propst Bros. Inc. A decree wasentered in the Water Court, Water Division No. 1, Case No. W-795 on October 18, 1971adjudicating Well m 04428-F located in the SW¼, SE¼ of Section 2, Township 6 North, Range 53West of the 6th P.M., Logan County, Colorado, at a point bearing N 5°36' E, 642 feet from the S¼corner of said Section 2, with a date of appropriation of July 20,1963 in the amount of 5.55 c.f.s.for irrigation of land in the SW¼ of §2, Township 6 North, Range 53 West of the 6th P.M., LoganCounty, Colorado. M. Rasmussen. A decree was entered in the Water Court, Water Division No.1, Case No. W-3729 on August 19, 1974 adjudicating Well No. 1-Unregistered, State Engineer’sFiling Map No. 20467 located in the NW¼, NW¼ of Section 30, Township 7 North, Range 52West of the 6th P.M., Logan County, Colorado, at a point 630 feet South and 1310 feet East ofthe Northwest corner of said Section 30, with a date of appropriation of July 25, 1955 in theamount of 4.6 c.f.s. for irrigation of 80 acres in the N½, §19; 60 acres in the SW¼, §17 and NW¼of §20, Township 7 North, Range 52 West of the 6th P.M., Logan County, Colorado. N. Lingreen.

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A decree was entered in the Water Court, Water Division No. 1, Case No. W-2466 on November10, 1975 adjudicating Crist/Hopkins/Altergott Well No. 7195-R located in the SW¼, SW¼ ofSection 36, Township 7 North, Range 53 West of the 6th P.M., Logan County, Colorado, at apoint 117 feet North and 660 feet East of the Southwest corner of said Section 36, with a date ofappropriation of June 5, 1956 in the amount of 4.444 c.f.s. for irrigation of 101 acres in the W½,SW¼ and a portion of NE¼, SW¼ §36 Township 7 North, Range 53 West of the 6th P.M., LoganCounty, Colorado. O. Smart. A decree was entered in the Water Court, Water Division No. 1,Case No. W-3492 on July 18, 1974 adjudicating T. A. Smart & Son, Inc. Well m 5962-F located inthe SW¼, SE¼ of Section 35, Township 7 North, Range 53 West of the 6th P.M., Logan County,Colorado, at a point 948 feet North and 2580 feet West of the Southeast corner of said Section35, with a date of appropriation of August 18, 1955 in the amount of 4.7 c.f.s. for irrigation of 90acres in the S½, SE¼; S½, NE¼, SE¼ §35 Township 7 North, Range 53 West of the 6th P.M.,Logan County, Colorado. P. Trahern Hay Inc. A decree was entered in the Water Court, WaterDivision No. 1, Case No. W-799 on October 18, 1971 adjudicating Well No. 19901-R located inthe SE¼, SW¼ of Section 2, Township 6 North, Range 53 West of the 6th P.M., Logan County,Colorado, at a point bearing N 82° E, 1388 feet from the SW corner of said Section 2, with a dateof appropriation of July 1954 in the amount of 4.9 c.f.s. for irrigation. Q. Colorado Division ofWildlife. A decree was entered in the Water Court, Water Division No. 1, Case No. W-3641 onMay 28, 1974 adjudicating Well No. 1-Unregistered located in the SE¼, SW¼ of Section 19,Township 7 North, Range 52 West of the 6th P.M., Logan County, Colorado, at a point 15 feetNorth and 1420 feet East of the Southwest corner of said Section 19 with a date of appropriationof July 24,1955 in the amount of 4.45 c.f.s. for irrigation of 118 acres in the SW¼; W½,SE¼ of§19, Township 7 North, Range 52 West of the 6th P.M., Logan County, Colorado. 4. Historic Use:The structures set out in ¶2 have been used for irrigation of 2,692 acres located in parts ofSections 2, 3, 4, 9, 10, 11 Township 6 North, Range 53 West; Sections 25, 26, 34, 35, 36,Township 7 North, Range 53 West; Sections 17 19, 20, 30, Township 7 North, Range 52 West; allin the 6th P.M., Logan County, Colorado. 5. Proposed Change: A. Applicant seeks to make thewells described in ¶3 alternate points of diversion for the Schneider Ditch because it has becometo expensive to maintain a river diversion dam and headgate for the Schneider Ditch. Applicantseeks the right to pump the Schneider Ditch priorities through the described wells. Certain landshistorically irrigated under the ditch do not have wells available to be used as alternate points ofdiversion and the applicant requests 12 alternate point of diversion wells be approved which aredescribed in ¶6, below. B. Applicant has analyzed the historic ditch and well diversions andhistoric consumptive use of the combined water rights on the 2,692 acres irrigated. The cropsgrown historically were corn, alfalfa, dry beans and sugar beets. Diversion of the Schneider Ditchrights from the wells will change the timing of depletion to the river, but the volume of depletionwill remain the same. Table 1 shows the consumptive use in acre feet by month and thedifferences due to the alternate point of diversion pumping. Column 7 shows that there areaccretions to the river in the months of May through August and depletions in the non-irrigationmonths. This shift of depletions will prevent injury to and provide a benefit to water rightsdiverting during the irrigation season. An analysis of call records shows there is no call in thenon-irrigation season months in this river reach, but to the extent there is a call or the DivisionEngineer determines a water right has been unable to divert or fill due to this shifting ofdepletions, Applicant proposes the accretions in the months of May through August be madeavailable to such water right to prevent any injury.

TABLE 1

COMPARISON OF HISTORIC DEPLETIONSTO FUTURE APD WELL DEPLETIONS

HISTORIC HISTORIC HISTORIC CREDIT APD NET DITCH RES RIVER PREWITT AFTER WELL RIVER

DEPLETIONS RETURNS DEPLETION RELEASES PREWITT DEPLETIONS IMPACT (1) (2) (3) (4) (5) (6) (7)

Jan 138.84 6.19 145.03 51.20 -93.83 -299.57 - 393.40

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Feb 115.20 5.21 120.40 42.51 -77.90 -253.53 -331.43Mar 97.89 4.46 102.35 36.13 -66.21 -217.77 -283.98Apr -190.20 4.58 -185.61 -185.61 -192.1 6.55May -528.69 9.28 -519.41 519.41 -167.23 352.18Jun -527.11 10.68 -516.43 516.43 -132.18 384.25Jul -1230.00 30.41 -1199.59 1199.59 -69.90 1129.69Aug -1199.17 48.10 -1151.07 1151.07 -508.69 642.37Sep -586.56 26.93 -559.63 559.63 -786.86 -227.23Oct 66.25 16.71 82.96 29.29 -53.67 -760.15 -813.83Nov 263.85 12.14 275.99 97.43 -178.56 -498.63 -677.18Dec 180.51 8.61 189.12 66.76 - 122.35 -368.27 -490.63

Total -3399.20 183.30 -3215.90 323.32 3539.21 -4254.95 -715.74

(1) Historic Schneider Ditch Depletions(2) Historic Logan-Prewitt Reservoir Returns(3) Historic River Depletion(4) Simulated Prewitt releases(5) Net river depletion after Prewitt release(6) Future APD well depletions(7) Net river impact

6. New Alternate Point of Diversion Wells: A. Name of Structure: Carlson Well No. 1. 1.LegalDescription: In the NW¼ of the SW¼ of Section 30, Township 7 North, Range 52 West of the 6thP.M., Logan County, Colorado, at a point 1820 feet North and 1660 feet East of the SouthwestCorner of said section. 2. Source: Tributary alluvium. 3. Depth: 100 feet. 4. Date of Appropriation:January 24, 1998. 5. How Appropriation Was Initiated: Action of Company. 6. Amount Claimed:2250 g.p.m. (5.0 cfs), conditional. 7. Use: Irrigation of 36 acres in the N½ of the SW¼, §30,Township 7 North, Range 52 West of the 6th P.M., Logan County, Colorado. B. Name ofStructure: Datteri Well No. 2. 1. Legal Description: In the SW¼ of the SW¼ of Section 2,Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado, at a point 320 feetNorth and 75 feet East of the Southwest Corner of said section. 2. Source: Tributary alluvium. 3.Depth: 100 feet. 4.Date of Appropriation: January 24, 1998. 5. How Appropriation Was Initiated:Action of Company. 6. Amount Claimed: 2250 g.p.m. (5.0 cfs), conditional. 7. Use: Irrigation of248 acres in the SE¼, §3; W½,SW¼, §2; all in Township 6 North, Range 53 West of the 6th P.M.,Logan County, Colorado. C. Name of Structure: Colorado Division of Wildlife Well No. 2. 1.Legal Description: In the NE¼ of the SW¼ of Section 19, Township 7 North, Range 52 West ofthe 6th P.M., Logan County, Colorado, at a point 2140 feet North and 2600 feet East of theSouthwest Corner of said section. 2. Source: Tributary alluvium. 3. Depth: 95 feet. 4. Date ofAppropriation: January 24, 1998. 5. How Appropriation Was Initiated: Action of Company. 6.Amount Claimed: 2250 g.p.m. (5.0 cfs), conditional. 7.Use: Irrigation of 124 acres in the SW¼;W½,SE¼ of §19, Township 7 North, Range 52 West of the 6th P.M., Logan County, Colorado. D.Name of Structure: Klindt Well No. 3. 1.Legal Description: In the NE¼ of the SE¼ of Section 35,Township 7 North, Range 53 West of the 6th P.M., Logan County, Colorado, at a point 2178 feetNorth and 1320 feet West of the Southeast Corner of said section. 2. Source: Tributaryalluvium. 3. Depth: 100 feet.4. Date of Appropriation: January 24, 1998. 5.How Appropriation Was Initiated: Action ofCompany. 6. Amount Claimed: 2250 g.p.m. (5.0 cfs), conditional. 7. Use: Irrigation of 204 acres inthe E½ of the NE¼; NE¼ of the SE¼; of §35, Township 7 North, Range 53 West of the 6th P.M.,Logan County, Colorado. E. Name of Structure: Michel Well No. 2. 1.Legal Description: In theSW¼ of the SW¼ of Section 35, Township 7 North, Range 53 West of the 6th P.M., LoganCounty, Colorado, at a point 100 feet North and 100 feet East of the Southwest Corner of saidsection. 2. Source: Tributary alluvium. 3. Depth: 100 feet. 4.Date of Appropriation: January 24,1998. 5. How Appropriation Was Initiated: Action of Company. 6. Amount Claimed: 2250 g.p.m.(5.0 cfs), conditional. 7. Use: Irrigation of 35 acres in the SW¼ of the SW¼ §35, Township 7

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North, Range 53 West of the 6th P.M., Logan County, Colorado. F. Name of Structure:Rasmussen Well No. 2. 1. Legal Description: In the SE¼ of the SE¼ of Section 19, Township 7North, Range 52 West of the 6th P.M., Logan County, Colorado, at a point 1280 feet North and1320 feet West of the Southeast Corner of said section. 2. Source: Tributary alluvium. 3. Depth:100 feet. 4. Date of Appropriation: January 24, 1998. 5. How Appropriation Was Initiated: Actionof Company. 6. Amount Claimed: 2250 g.p.m. (5.0 cfs), conditional. 7. Use: Irrigation of 85 acresin the E½, §19, Township 7 North, Range 52 West of the 6th P.M., Logan County, Colorado. G.Name of Structure: Scalva Well No. 1. 1.Legal Description: In the SW¼ of the NE¼ of Section 36,Township 7 North, Range 53 West of the 6th P.M., Logan County, Colorado, at a point 2600 feetSouth and 2600 feet West of the Northeast Corner of said section. 2. Source: Tributary alluvium.3. Depth: 100 feet. 4. Date of Appropriation: January 24, 1998. 5. How Appropriation WasInitiated: Action of Company. 6. Amount Claimed: 2250 g.p.m. (5.0 cfs), conditional. 7. Use:Irrigation of 78.6 acres in the W½, NE¼, §36, Township 7 North, Range 53 West of the 6th P.M.,Logan County, Colorado. H. Name of Structure: Scalva Well No. 2. 1. Legal Description: In theSE¼ of the SE¼ of Section 25, Township 7 North, Range 53 West of the 6th P.M., Logan County,Colorado, at a point 75 feet North and 75 feet West of the Southeast Corner of said section. 2.Source: Tributary alluvium. 3. Depth: 100 feet. 4. Date of Appropriation: January 24, 1998. 5. HowAppropriation Was Initiated: Action of Company. 6. Amount Claimed: 2250 g.p.m. (5.0 cfs),conditional. 7. Use: Irrigation of 61.4 acres in the E½ of the SE¼, §25, Township 7 North, Range53 West of the 6th P.M., Logan County, Colorado. I. Name of Structure: Weakley Well No. 1. 1.Legal Description: In the SW¼ of the NW¼ of Section 36, Township 7 North, Range 53 West ofthe 6th P.M., Logan County, Colorado, at a point 2600 feet South and 1350 feet West of theNorthwest Corner of said section. 2. Source: Tributary alluvium. 3. Depth: 100 feet. 4. Date ofAppropriation: January 24, 1998. 5. How Appropriation Was Initiated: Action of Company. 6.Amount Claimed: 2250 g.p.m. (5.0 cfs), conditional. 7.Use: Irrigation of 76 acres in the E½, NW¼,§36, Township 7 North, Range 53 West of the 6th P.M., Logan County, Colorado. J. Name ofStructure: Cook Well No. 1. 1. Legal Description: In the SE¼ of the SW¼ of Section 35, Township7 North, Range 53 West of the 6th P.M., Logan County, Colorado, at a point 100 feet North and2500 feet East of the Southwest Corner of said section. 2. Source: Tributary alluvium. 3. Depth:100 feet. 4. Date of Appropriation: January 24, 1998. 5. How Appropriation Was Initiated: Actionof Company. 6. Amount Claimed: 2250 g.p.m. (5.0 cfs), conditional. 7. Use: Irrigation of 40 acresin the SE¼ of the SW¼ of §35, Township 7 North, Range 53 West of the 6th P.M., Logan County,Colorado. K. Name of Structure: Cook Well No. 2. 1. Legal Description: In the SE¼ of the SW¼of Section 35, Township 7 North, Range 53 West of the 6th P.M., Logan County, Colorado, at apoint 800 feet North and 1980 feet East of the Southwest Corner of said section. 2. Source:Tributary alluvium. 3. Depth: 100 feet. 4. Date of Appropriation: January 24, 1998. 5. HowAppropriation Was Initiated: Action of Company. 6. Amount Claimed: 2250 g.p.m. (5.0 cfs),conditional. 7. Use: Irrigation of 40 acres in the SE¼ of the SW¼ of §35, Township 7 North,Range 53 West of the 6th P.M., Logan County, Colorado.L. Name of Structure: DJ & J FarmsWell No. 2. 1. Legal Description: In the NE¼ of the SE¼ of Section 25, Township 7 North, Range53 West of the 6th P.M., Logan County, Colorado, at a point 1850 feet North and 270 feet West ofthe Southeast Corner of said section. 2. Source: Tributary alluvium. 3. Depth: 100 feet. 4. Date ofAppropriation: January 24, 1998. 5. How Appropriation Was Initiated: Action of Company. 6.Amount Claimed: 2250 g.p.m. (5.0 cfs), conditional. 7. Use: Irrigation of 168 acres in the E½, §25,Township 7 North, Range 53 West of the 6th P.M., Logan County, Colorado. 8. Name andAddress of Owners of Structures: Applicant and shareholders of Applicant. Prewitt Reservoir isowned by Logan Irrigation District, Iliff Irrigation District and Morgan-Prewitt Reservoir Companyc/o Prewitt Operating Committee, 112 North 8th Street, P.O. Box 333 Sterling Colorado 80751.

2000CW102 SOUTH ADAMS COUNTY WATER AND SANITATION DISTRICT, P. O. Box 597,

Commerce City, CO 80037-0597 (David L. Harrison, Gilbert Y. Marchand, Jr., Moses, Wittemyer,

Harrison and Woodruff, P.C., P. O. Box 1440, Boulder, CO 80306-1440). APPLICATION FORUNDERGROUND WATER RIGHT AND FOR ADDITION OF A WELL TO PLAN FORAUGMENTATION, IN ADAMS COUNTY.

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I. UNDERGROUND WATER RIGHT.1. Name of well: SACWSD Well No. 80. A well permit application for the well (Well Receipt

No. 461695) was filed on June 8, 2000 and is currently pending before the State Engineer.

2. Legal description: SW1/4 of the SE1/4, Section 29, Township 2 South, Range 67 West, 6th P.M.,

Adams County, Colorado, at or within 200 feet of a point 916 feet from the South line and

1660 feet from the East line of said Section 29. A map showing the location of the well is

attached to the application.

3. Source: Groundwater tributary to the South Platte River.

4. Depth: Approximately 100 feet.

5. Date of initial appropriation: May 30, 1996.

6. How appropriation was initiated: By drilling test holes from May 30, 1996 through June 4, 1996.7. Amount claimed: 2000 gpm, CONDITIONAL.

8. Proposed use: Municipal water supply for South Adams County Water and Sanitation District for

domestic, commercial, industrial, fire protection, irrigation, recreation, fish and wildlife

preservation and propagation and all other beneficial municipal uses of said District.

9. Name and address of owner of the land on which well is located:

South Adams County Water and Sanitation District.

P. O. Box 597

Commerce City, CO 80037-0597

II. ADDITION OF WELL TO PLAN FOR AUGMENTATION. Applicant seeks to add SACWSD Well No. 80 to the plan for augmentation including exchange decreed by

this Court in Case No. W-8440-76, as amended by Case Nos. W-8440-76A, W-8440-76C, W-8440-76D,

and 97CW353 (SACWSD's augmentation plan). Copies of the decrees for this augmentation plan are

available at the office of the undersigned attorneys for applicant.

1. Name of structure to be augmented: SACWSD Well No. 80, described in section I above.

2. Water rights to be used for augmentation: Applicant will use for augmentation the decreed water rights

specified in SACWSD's augmentation plan subject to all terms and conditions set forth therein. The

following augmentation sources are included in SACWSD's plan:

A. Nontributary wells decreed for municipal uses by the District Court in and for Water Division No. 1 on

October 1, 1975 in Case No. W-5152 and included in SACWSD’s augmentation plan in Case No. W-8440-

76, to-wit:

WELL NAME/ PERMIT NO.

LOCATION APPROPRIATION DATE

AMOUNT DECREED SOURCE

SACWSD Well No. 1 SE1/4 SW1/4, Section 29, T2S, R67W, 6th P.M., at a point75 feet East and 100 feet North of the SW corner of saidSE1/4 SW1/4, Section 29 06/30/1953

0.28 cfs ArapahoeFormation

SACWSD Well No. 4 Permit No. 8862-F

SE1/4 NE1/4, Section 32, T2S, R67W, 6th P.M., at a point500 feet West and 500 feet South of the NE corner of saidSE1/4 NE1/4, Section 32 03/31/1958

0.44 cfs ArapahoeFormation

SACWSD Well No. 8 SE1/4 SE1/4, Section 5, T3S, R67W, 6th P.M., at a point300 feet West and 100 feet North of the SE corner of saidSection 5 05/31/1953

0.29 cfs ArapahoeFormation

SACWSD Well No. 9 NW1/4 NE1/4, Section 5, T3S, R67W, 6th P.M., at a point340 feet East and 75 feet North of the SW corner of saidNW1/4 NE1/4, Section 5 04/30/1953

0.28 cfs ArapahoeFormation

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WELL NAME/ PERMIT NO.

LOCATION APPROPRIATION DATE

AMOUNT DECREED SOURCE

SACWSD Well No. 11 Permit No. 04002-F

SW1/4 SW1/4, Section 6, T3S, R67W, 6th P.M., at a point600 feet East and 300 feet North of the SW corner of saidSection 6 02/18/1964

0.17 cfs ArapahoeFormation

SACWSD Well No. 12 SW1/4 SW1/4, Section 6, T3S, R67W, 6th P.M., at a point700 feet East and 200 feet North of the SW corner of saidSection 6 11/30/1955

0.20 cfs ArapahoeFormation

SACWSD Well No. 6 Permit No. 7559

SE1/4 SW1/4, Section 17, T2S, R67W, 6th P.M., at a point400 feet West and 500 feet North of the SE corner of saidSE1/4 SW1/4, Section 17 02/14/1961

0.04 cfs Dawson-ArkoseFormation

SACWSD Well No. 13 NW1/4 NE1/4, Section 17, T3S, R67W, 6th P.M., at a point600 feet East and 75 feet South of the NW corner of saidNW1/4 NE1/4, Section 17 08/31/1956

1.23 cfs Dawson-ArkoseFormation

SACWSD Well No. 10 NW1/4 NE1/4, Section 5, T3S, R67W, 6th P.M., at a point350 feet East and 75 feet North of the SW corner of saidNW1/4 NE1/4, Section 5 04/30/1953

0.29 cfs Laramie-Fox HillsFormation

B. Nontributary Laramie-Fox Hills Aquifer Wells decreed for municipal purposes and

included in SACWSD's augmentation plan in Case No. W-8440-76D, to-wit:

WELL NAME PROPOSED LOCATION AMOUNT DEPTH

SACWSD WellNo. 60

SW1/4 SE1/4, Section 17, T2S, R67 West, 6th P.M., at a pointapproximately 300 feet from the South line and 2450 feet fromthe East line of said Section 17

145 gpm (0.32 cfs)

Not toexceed1280 feet

SACWSD WellNo. 63

SW1/4 SE1/4, Section 21, T2S, R67W, 6th P.M., at a pointapproximately 1050 feet from the South line and 2050 feet fromthe East line of said Section 21

120 gpm (0.27 cfs)

Not toexceed1400 feet

SACWSD WellNo. 65

SE1/4 SE1/4, Section 20, T2S, R67W, 6th P.M., at a pointapproximately 750 feet from the South line and 50 feet from theEast line of said Section 20

145 gpm (0.32 cfs)

Not toexceed1390 feet

SACWSD WellNo. 66

SE1/4 SE1/4, Section 20, T2S, R67W, 6th P.M., at a pointapproximately 100 feet from the South line and 50 feet from theEast line of said Section 20

145 gpm (0.32 cfs)

Not toexceed1420 feet

SACWSD WellNo. 68

SW1/4 NW1/4, Section 28, T2S, R67W, 6th P.M., at a pointapproximately 2230 feet from the North line and 300 feet fromthe West line of said Section 28

150 gpm (0.33 cfs)

Not toexceed1460 feet

SACWSD WellNo. 69

SE1/4 SW1/4, Section 29, T2S, R67W, 6th P.M., at a pointapproximately 50 feet from the South line and 1350 feet from theWest line of said Section 29

175 gpm (0.39 cfs)

Not toexceed1450 feet

SACWSD WellNo. 70

SE1/4 NE1/4, Section 32, T2S, R67W, 6th P.M., at a pointapproximately 2200 feet from the North line and 50 feet from theEast line of said Section 32

150 gpm (0.33 cfs)

Not toexceed1500 feet

SACWSD WellNo. 71

NE1/4 SE1/4, Section 31, T2S, R67W, 6th P.M., at a pointapproximately 2500 feet from the South line and 600 feet fromthe East line of said Section 31

180 gpm (0.40 cfs)

Not toexceed1470feet

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WELL NAME PROPOSED LOCATION AMOUNT DEPTH

SACWSD WellNo. 72

SW1/4 SW1/4, Section 31, T2S, R67W, 6th P.M., at a pointapproximately 50 feet from the South line and 1100 feet from theWest line of said Section 31

190 gpm (0.42 cfs)

Not toexceed1490 feet

SACWSD WellNo. 73

SE1/4 SE1/4, Section 5, T3S, R67W, 6th P.M., at a pointapproximately 100 feet from the South line and 200 feet from theEast line of said Section 5

165 gpm (0.37 cfs)

Not toexceed1560 feet

SACWSD WellNo. 74

SW1/4 SW1/4, Section 5, T3S, R67W, 6th P.M., at a pointapproximately 50 feet from the South line and 50 feet from theWest line of said Section 5

180 gpm (0.40 cfs)

Not toexceed1560 feet

SACWSD WellNo. 75

SW1/4 SW1/4, Section 6, T3S, R67W, 6th P.M., at a pointapproximately 150 feet from the South line and 700 feet from theWest line of said Section 6

205 gpm (0.46 cfs)

Not toexceed1570 feet

SACWSD WellNo. 76

NW1/4 SW1/4, Section 8, T3S, R67W, 6th P.M., at a pointapproximately 2600 feet from the South line and 50 feet from theWest line of said Section 8

180 gpm (0.40 cfs)

Not toexceed1570 feet

SACWSD WellNo. 77

NW1/4 NE1/4, Section 17, T3S, R67W, 6th P.M., at a pointapproximately 50 feet from the North line and 2000 feet from theEast line of said Section 17

165 gpm (0.37 cfs)

Not toexceed1620 feet

C. Duggan Ditch water rights: Applicant owns 3.133 cfs of the original 56.85 cfs of water from the

South Platte River decreed to the Duggan Ditch as Priority No. 7 with an appropriation date of

April 1, 1864, which shares have been changed to municipal use. The point of diversion for this

right is the Burlington Ditch, located at or near the center of Section 14, T3S, R68W of the 6th

P.M., Adams County, Colorado. This augmentation source was included in SACWSD's

augmentation plan in Case No. W-8440-76.

D. Burlington Ditch, Reservoir and Land Company shares: Applicant owns 103.045 shares of the

1847.98 total shares outstanding capital stock of the Burlington Ditch, Reservoir and Land

Company, Little Burlington Division, which shares have been changed to municipal use. These

shares entitle applicant to a proportionate share of the water controlled by the Company including

the following water rights:

(1) A direct flow right in the amount of 16.28 cfs from the South Platte River, being a portion of the 56.85 cfs

with a priority date of April 1, 1864 originally decreed to the Duggan Ditch and transferred to the headgate

of the Burlington Ditch.

(2) A direct flow right in the amount of 350.00 cfs from the South Platte River with a priority date of

November 20, 1885, originally decreed to the Burlington Ditch as Priority No. 57.(3) A storage right in the amount of 750.00 acre-feet from Geneva Creek, a tributary of the North Fork of the

South Platte River in Park County, with a priority date of September 15, 1904.

Of these 103.045 shares owned by applicant, 68.045 shares were included in SACWSD's

augmentation plan in Case No. W-8440-76. An additional 35 shares were included in

applicant's augmentation plan in Case No. W-8440-76A.

E. Wellington Reservoir Company shares: Applicant owns 134.545 shares of the 1838 total

shares outstanding capital stock of the Wellington Reservoir Company, which shares

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have been changed to municipal use. These shares entitle applicant to a proportionate

share of the water controlled by the Company, which includes storage and direct flow

water rights, all of which are diverted into the Burlington Ditch, including the following:

(1) A direct flow right in the amount of 7.987 cfs from the South Platte River, being

a portion of the 56.85 cfs with a priority date of April 1, 1864 originally decreed

to Duggan Ditch as Priority No. 7, and transferred to the headgate of the

Burlington Ditch.

(2) A storage right in the amount of 2,747 acre-feet from Buffalo Creek, a tributary

of the North Fork of the South Platte in Jefferson County, with a priority date of

May 31, 1892 decreed to Wellington Reservoir Priority No. 416.

(3) A storage right in the amount of 1,652 acre-feet from Buffalo Creek, a tributaryof the North Fork of the South Platte River in Jefferson County, with a priority

date of June 5, 1920 decreed to Wellington Reservoir First Enlargement as

Priority No. 427.

Of the total 134.545 shares of stock of the Wellington Reservoir Company owned by

applicant, 102.045 shares were included in SACWSD's augmentation plan in Case No.

W-8440-76. The additional 32.5 shares were included in SACWSD's augmentation plan

in Case No. W-8440-76A.

F. Ford Water Recharge Facility water right: This water right was decreed and approved as

an augmentation source in Case No. W-8440_76D. A decree making the water right

absolute was entered in Case No. 94CW123 on March 12, 1995. The water right is for 20

cfs (not to exceed 400 acre-feet in any calendar year) out of the South Platte River, and is

decreed for augmentation purposes. The point of diversion is the headgate of the

Burlington Ditch and the recharge facility is located in portions of the NE1/4SE1/4

Section 20 and N1/2SW1/4 and the S1/2NW1/4 Section 21, Township 2 South, Range 67

West of the 6th P.M., Adams County, Colorado.

3. Statement of plan for augmentation: The decree in Case No. W-8440-76, as amended, specifically

provides for the inclusion of additional wells in the decreed plan for augmentation including

exchange. Decretal paragraph 11 provides:

In addition to the continuing jurisdiction retained herein pursuant to

decretal paragraph 10, supra, this Court shall also retain continuing

jurisdiction herein which may be invoked by applicant . . . . for the

purpose of expanding the aforedescribed plan for augmentation by

including therein additional alluvial wells . . . , with the terms and

conditions of such expanded plan to be determined pursuant to suchcontinuing jurisdiction.

The Court has approved the expansion of applicant's augmentation plan to include additional

augmentation sources, additional alluvial wells or both in Case Nos. W-8440-76A, W-8440-76C,

W-8440-76D, and 97CW353.

In accordance with the Court's order in Case No. W-8440-76D, applicant has filed this proposed

expansion to its plan for augmentation under a new application bearing a new and separate case

number.

Applicant's augmentation supplies are sufficient to replace the depletions caused by the pumping

of Well No. 80 and no injury will result from the inclusion of said well in SACWSD's

augmentation plan or from the pumping of said well so long as out-of-priority depletions

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attributable to such pumping are augmented pursuant to SACWSD's augmentation plan.

Therefore, Applicant seeks a determination by the Court that SACWSD Well No. 80 is entitled to

divert out-of-priority pursuant to SACWSD's augmentation plan.

2000CW103 (90CW211) ADAMS AND JEFFERSON COUNTIES, APPLICATION FOR WATERRIGHTS, City of Westminster, 4800 West 92nd Avenue, Westminster, Colorado 80030, (303) 430-2400(Mary Mead Hammond and Lee H. Johnson, Carlson, Hammond & Paddock, L.L.C., 1700 Lincoln Street,Suite 3900, Denver, Colorado 80203-4539, (303) 861-9000). Application for Sexennial Finding ofReasonable Diligence. All correspondence and pleadings should be sent to the undersigned counsel for theApplicant.2. Name of Structures: Westminster's Big Dry Creek Waste Water Treatment Plant, Metro WastewaterReclamation District Plant, Church Ditch, Farmers High Line Canal and the Croke Canal.3. Description of conditional water right: A. Date of Original Decree: June 14, 1994, Case No.90CW211, Water Court, Division 1, State of Colorado. B. Location: In Case No. 90CW211,Westminster obtained a decree for an exchange of water between the outfall of Westminster's Big DryCreek Wastewater Treatment Plant and the Church Ditch headgate, the Farmers High Line Canal headgateand the Croke Canal headgate. In addition, Westminster obtained a decree for an exchange of waterbetween the outfall of the Metro Wastewater Reclamation District Plant ("Metro") and the Church Ditchheadgate, the Farmers High Line Canal headgate and the Croke Canal headgate. The location of thestructures are as follows: Westminster's Big Dry Creek Waste Water Treatment Plant: The outfall from theBig Dry Creek Plant is located at a point on the north bank of Big Dry Creek 400 feet east of Huron Streetin the Northwest ¼ of the Southwest ¼ of Section 27, Township 1 South, Range 68 West, County ofAdams, State of Colorado. Metro Wastewater Reclamation District Plant: The outfall from the MetroPlant is located at a point on the East bank of the South Platte River in Section 1, Township 3 South, Range68 West, which lies 1,400 feet East of the SW corner of said Section 1, County of Adams, State ofColorado. Church Ditch: The headgate of the Church Ditch, also known as the Golden City and RalstonCreek Ditch, is located on the north bank of Clear Creek at a point in the NE1/4 of Section 32, Township 3South, Range 70 West, Jefferson County, Colorado, 1450 feet S 69E 30' W from the northeast corner ofsaid section. Farmers High Line Canal: The headgate of the Farmers High Line Canal is located on theNorth bank of Clear Creek in the SW1/4 of Section 27, Township 3 South, Range 70 West, a short distancebelow the Ford Street Bridge across Clear Creek in the City of Golden, Jefferson County, Colorado. Thispoint is approximately 1.5 miles upstream of the headgate of the Croke Canal. Croke Canal: The headgateof the Croke Canal is located on the north bank of Clear Creek in the NW1/4NE1/4 of Section 26,Township 3 South, Range 70 West, 6th P.M., Jefferson County, Colorado. Decreed points of diversion alsoinclude the following: At a point on Ralston Creek where the Croke Canal crosses Ralston Creek inSection 1, Township 3 South, Range 70 West, 6th P.M., Jefferson County, Colorado at a point near thecenter of said Section 1. On Leyden Creek at a point where the Croke Canal crosses Leyden Creek in theNW1/4 of Section 31, Township 2 South, Range 69 West, 6th P.M., Jefferson County, Colorado. C.

Source: In Case No. 90CW211, Westminster obtained a decree for an exchange of water usingeffluent generated at Westminster's Big Dry Creek Wastewater Treatment Plant and/or effluent generated atMetro as a substitute supply. The source of water diverted by exchange is Clear Creek, Ralston Creek andLeyden Creek. The source of effluent used as a substitute supply is (a) municipal return flows derived fromexercise of the water rights changed in Case No. 90CW211 upon which any required returns have beenpaid, or upon which municipal return flows exceed required returns; (b) municipal return flows derivedfrom the exercise of the water rights changed in Case No. 90CW211 which accrues at times when norequired returns are owed to the stream because there are no unsatisfied senior demands or the call is juniorto the priority date of the exchange. D. Appropriation Dates: December 31, 1990 for 3 c.f.s. E. Use:Pursuant to the decree entered in Case No.90CW211, the exchanged water will be used in Westminster'sMunicipal Water Utility System for municipal, irrigation, domestic, commercial, industrial, recreational,exchange, replacement, and augmentation purposes. Water diverted into Westminster's system byexchange shall carry rights of use, reuse, successive use, and disposition, and may be fully consumed byWestminster, since such water will be fully replaced with effluent which derives from water which may befully consumed.

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4. Detailed outline of what has been done toward completion of the appropriation and application toa beneficial use. A. The exchanges decreed in Case No. 90CW211 are part of Westminster's Clear CreekWater Supply System, an integrated system under § 37-92-301(4)(b), C.R.S. During the diligence period,Westminster has continued the development of its Clear Creek Water Supply System. Activities haveincluded acquisition of various Clear Creek water rights for incorporation into Westminster's integratedwater supply system, participation in continuing efforts to effect the enlargement of Standley Reservoir,diversion of conditionally decreed exchanges involving Clear Creek water rights themselves and/or excessmunicipal returns derived therefrom and placing any such water to beneficial use, completion of theconstruction of Jim Baker Reservoir, and efforts to protect the quality of water entering Standley Lake. B.During the diligence period, Westminster has conducted certain modifications and upgrades to the Big DryCreek Wastewater Plant. These upgrades were designed, in part, to meet discharge limitations and toincrease treatment capacity at the Plant. Construction expenditures related to increased treatment capacityduring the diligence period amounted to approximately $6,000,000. Increased capacity at the Plant allowsWestminster to increase the efficiency of operation of the exchanges decreed in Case No. 90CW211. Saidupgrades to the Wastewater Plant have increased the capacity of the Plant from 5.5 MGD to 7.2 MGD. C.During the diligence period, Westminster negotiated and entered into a carriage agreement with theFarmers High Line Canal and Reservoir Company for the use of excess capacity in the Farmers High LineCanal. This agreement allows Westminster to carry additional water through the Farmers High Line Canal,including water exchanged to the Farmers High Line Canal in accordance with the decree in Case No.90CW211. Costs associated with this effort were incurred during the diligence period and included notonly Westminster staff time and fees paid to outside consultants in connection with the negotiation of thecarriage agreement, but also included a one-time payment of $14,800.00 from Westminster to the FarmersHigh Line Canal and Reservoir Company as consideration for entering the permanent carriage agreement.In addition, in accordance with the terms of the carriage agreement, Westminster is contractually obligatedto pay an annual fee of $370.00 for use of the Farmers High Line Canal. Westminster has continually madethese payments during the diligence period. D. During the diligence period, Westminster took possessionof a one-third interest in the Church Ditch pursuant to a conveyance agreement with the City ofBroomfield. As a one-third owner of the Ditch, Westminster now has the ability to carry water, such aswater decreed for exchange in Case No. 90CW211, in the Church Ditch for delivery to Standley Lake. E.During the diligence period, Westminster has paid approximately $1,700,000.00 in assessments to theFarmers High Line Canal and Reservoir Company, the Church Ditch Company and the Farmers Reservoirand Irrigation Company. Said assessments have been used in part to fund annual operations andmaintenance activities associated with the Farmers High Line Canal, the Church Ditch and the CrokeCanal. The exchange decreed in Case No. 90CW211 directly involves these ditches. F. Prior to thediligence period, Westminster participated in a joint effort with the City of Thornton and the USGS toconstruct a flow gauge on Big Dry Creek. During the diligence period, Westminster has made annualcontributions of approximately $3,000 to cover a portion of the operations and maintenance for said gauge.The gauge is used to measure flows in Big Dry Creek and provides a basis for the calculation of exchangepotential on Big Dry Creek. G. During the diligence period, Westminster has participated in a number ofwater court proceedings in an effort, in part, to protect and maintain return flows to Big Dry Creek , ClearCreek and its tributaries, and the South Platte River basin generally. Expenditures in these matters haveoccurred during the diligence period. H. In Consolidated Cases Nos. 86CW397, 88CW267 and89CW129, (the “Consolidated Cases”), Westminster adjudicated senior exchanges involving the samestructures identified in the Case No. 90CW211. In the continuing effort to develop Westminster’sintegrated Clear Creek Water Supply System, Westminster diverted 5 c.f.s. by exchange under a seniorexchange adjudicated in the Consolidated Cases decree. This occurred during the diligence period.

2000CW104 TOMPKINS DEVELOPMENT, INC., a Nebraska Corporation, c/o Mr. JerryRohlfs, 4091 East 133rd Circle, Thornton, Colorado 80241. Robert E. Schween, P.C., P.O. Box262104, Highlands Ranch, Colorado 80163-2104. APPLICATION FOR UNDERGROUND WATERRIGHTS, IN ADAMS COUNTY.

1. Name, Address, Telephone Number of Applicant: Tompkins Development, Inc., a Nebraskacorporation, c/o Mr. Jerry Rohlfs, 4091 East 133rd Circle, Thornton, Colorado 80241. Telephone:303-908-8988; Fax: 303-452-2622. Please send all pleadings and correspondence in this matter

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to: Robert E. Schween, P.C., P.O. Box 262104, Highlands Ranch, Colorado 80163-2104.Telephone: 303-471-5150; Facsimile: 303-470-3103.2. Well Permits:

A. Well permits for wells to withdraw ground water from the named aquifers have notyet been sought. Applicant will make application for permits for such wells when necessary.

B. No well permit for withdrawal of not nontributary ground water from the UpperArapahoe may be issued until an augmentation plan for such withdrawal is approved. No suchaugmentation plan is sought hereby.

C. Additional well permits for wells to be completed in each aquifer may be sought inthe future. All such wells may be located anywhere on Applicant's property.3. Legal Description of Subject Property: Applicant's property which is subject to thisapplication consists of 224.72 acres of land, more or less, located in the W ½ of Section 13, and theNW ¼ of Section 24, Township 1 South, Range 65 West of the 6th P.M., Adams County, as shownon Exhibit A hereto (Vicinity Map) and as described in Exhibit B hereto (Property LegalDescription).4. Source of Water Rights:

A. Nontributary Ground Water.1. The source of the ground water to be withdrawn from the Lower Arapahoe

and Laramie-Fox Hills aquifers is "nontributary" ground water as such term is defined in § 37-90-103(10.5), C.R.S. Such classification is consistent with the Denver Basin Nontributary GroundWater Rules, 2 CCR 402-6. 2. Applicant will comply with the requirement to relinquish tothe stream system two percent (2%) of all such nontributary ground water withdrawn. Otherwise,such water may be fully consumed to extinction for all beneficial uses.

B. Not Nontributary Ground Water.1. The source of the ground water to be withdrawn from the Upper Arapahoe

aquifer is "not nontributary" ground water as such term is defined in § 37-90-103(10.7), C.R.S.Such classification is consistent with the Denver Basin Nontributary Ground Water Rules, 2 CCR402-6. 2. Applicant may not obtain a well permit and withdraw such not nontributaryground water until an augmentation plan is approved for the replacement of injurious depletionscaused thereby. See § 37-90-137(9), C.R.S. No such plan is sought by this application.5. Background: Applicant files this application for water rights pursuant to § 37-92-203,C.R.S., as a water matter concerning nontributary and not nontributary ground water. Applicant isthe owner of the overlying land as described herein.6. Estimated Amounts and Rates of Withdrawal:

A. Applicant’s wells will withdraw the subject ground water at rates of flow necessaryto efficiently withdraw the entire decreed average annual amounts, through wells to be located onApplicant's property. Applicant waives any 600 foot spacing rule as described in section 37-90-137(2), C.R.S., for wells located on Applicant's property. The estimated average annual amounts ofwithdrawal available from the subject aquifers as indicated below, are based upon the Denver BasinRules, 2 C.C.R. 402-6:

Land Saturated Ave. Annual Aquifer Area Thickness Amount (AF)Upper Arapahoe 225 Acres 60 feet 23Lower Arapahoe 225 Acres 125 feet 48Laramie-Fox Hills 225 Acres 150 feet 51B. The average annual amounts available for withdrawal from the subject aquifers will

depend on the hydrogeology and the legal entitlement of the Applicant. This application representsa claim to all nontributary and not nontributary ground water underlying Applicant's property.7. Well Fields: Applicant requests that this Court determine that Applicant has the right towithdraw all of the legally available ground water lying below Applicant's property, as describedherein, through the wells requested herein, which may be located anywhere on Applicant's property,and any additional wells which may be completed in the future as Applicant's well fields. Asadditional wells are to be constructed, applications will be filed in accordance with § 37-90-137(10),C.R.S.8. Proposed Uses: Applicant will use all water withdrawn from the subject aquifers in a watersystem to be used, reused, successively used, and after use leased, sold, or otherwise disposed of

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for the following beneficial purposes: domestic, industrial, commercial, irrigation, livestock watering,recreational, fish and wildlife, and fire protection. Said water will be produced for immediateapplication to said uses, both on and off the property, for storage and subsequent application tosaid uses, for exchange purposes, for replacement of depletions resulting from the use of waterfrom other sources, and for augmentation purposes.9. Jurisdiction: The Water Court has jurisdiction over the subject matter of this applicationpursuant to 37-92-302(2), and 37-90-137(6), C.R.S.10. Name and Address of Owner of the Land on Which Structures are Located: The owner ofthe overlying land area described herein is the named Applicant herein, Tompkins Development,Inc.11. Additional Claims:

A. Applicant claims the right to withdraw more than the average annual amountsestimated in paragraph 6A above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicant has estimated the amounts of water available for withdrawalfrom the subject aquifers based on estimates of relative values for specific yield and saturatedthicknesses, Applicant requests the right to revise the estimates upward or downward, based onbetter or revised data, without the necessity of amending this application or republishing same.

C. In compliance with House Bill 93-1060 (effective March 30, 1993), Applicant will,within ten (10) days after filing this application, supplement this application with evidence thatApplicant has given notice of this application by registered or certified mail to every record owner ofthe overlying land and to every person who has a lien or mortgage on, or deed of trust to, theoverlying land recorded in the county in which the overlying land is located.

WHEREFORE, Applicant Tompkins Development, Inc., prays that this Court enter aruling and decree:

A. Granting the application herein and awarding the water rights claimed herein asfinal water rights, except as to those issues for which jurisdiction of the Court will be specificallyretained; and

B. Specifically determining that: 1. Applicant has complied with § 37-90-137(4), C.R.S., and water is legally available for withdrawal by the wells proposed herein.Jurisdiction will be retained with respect to the average annual amounts of withdrawal specifiedherein to provide for the adjustment of such amounts to conform to actual local aquifercharacteristics from adequate information obtained from wells or test holes drilled on or nearApplicant's property, pursuant to § 37-92-305(11), C.R.S., and Denver Basin Rule 9A; 2.

The ground water in both the Lower Arapahoe and Laramie-Fox Hills aquifers underlyingApplicant's property described herein is nontributary ground water;3. Vested or conditionallydecreed water rights of others will not be materially injured by the withdrawals of nontributary LowerArapahoe and Laramie-Fox Hills aquifer ground water as proposed herein; 4. The groundwater in the Upper Arapahoe aquifer underlying Applicant's property described herein is notnontributary ground water, for which a judicially approved augmentation plan must be obtained priorto withdrawal and use. 5. Applicant or its successors may construct wells into each aquiferanywhere on the subject property without the necessity of filing any further amendments to thisapplication, republishing this application, or reopening the decree to be awarded; EXCEPT for wellsto be completed into the not nontributary Upper Arapahoe aquifer, for which a subsequently filedplan for augmentation must be adjudicated. 6. In accordance with § 37-92-305(11),C.R.S., no findings of reasonable diligence are required to maintain the water rights applied forherein; 7. The nature and extent of the water rights claimed herein are defined by§ 37-90-137(4), C.R.S., and the withdrawals sought to be made are based upon an aquifer life of100 years; 8. The quantity of ground water, exclusive of any artificial recharge,underlying the land shown at Exhibit A and described at Exhibit B hereto is to be set by the rulingand decree to be obtained hereby, subject to the Court's retained jurisdiction; and 9. If the wellpermit for any well authorized by the ruling and decree to be entered in this matter expires,Applicant may apply for a new well permit for such well or wells at the time Applicant is ready toconstruct such well(s), and the State Engineer shall grant such permit(s) pursuant to the terms ofthe ruling and decree in this case.

FURTHER, Applicant prays that this Court grant such other relief as seems proper in thepremises.

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2000CW105 CONCERNING THE APPLICATION FOR WATER RIGHTS OF DAVID ANDSUSAN LICHTENSTEIN, APPLICATION FOR UNDERGROUND WATER RIGHTS FROMNOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF A PLAN FORAUGMENTATION, IN THE NOT NONTRIBUTARY DENVER, ARAPAHOE, AND LARAMIE-FOX HILLS AQUIFERS, IN DOUGLAS COUNTY. 1.Name, Address, Telephone Number ofApplicants: David and Susan Lichtenstein, 5300 Tall Horse Trail, Sedalia, Colorado80135 (303) 688-8444 (Holly I. Holder, Holly I. Holder, P.C., 518 17th Street, #1500,Denver, Colorado 80202 (303) 534-3636). 2. Well Permits: Well permits will be appliedfor prior to construction of the wells.3. Legal Description of Wells and Subject Property: The wells which will withdrawgroundwater from the not nontributary Denver, Arapahoe and Laramie-Fox Hillsaquifers will be located at any location on approximately 35 acres of land located in theNE1/4 of Section 27, T8S, R68W of the 6th P.M., also known as Tract 5, Plum CreekValley Estates ("Subject Property"). 4. Source of Water Rights: The source of thegroundwater to be withdrawn from the Denver, Arapahoe, and Laramie-Fox Hillsaquifers is not nontributary as described in 37-90-103(10.7) and 37-90-137(9)(c), C.R.S.5. Estimated Amounts and Rates of Withdrawal: The wells will withdraw the subjectamounts of groundwater at rates of flow necessary to efficiently withdraw the entiredecreed amounts. Applicants will withdraw the subject groundwater through wells tobe located at any location on the Subject Property. Applicants will withdraw the Denveraquifer water requested in this case through an existing well which is the subject ofWell Permit No. 181364 pursuant to the augmentation plan requested herein.Applicants waive the 600 foot spacing rule as described in Section 37-90-137(2), C.R.S.for wells located on the Subject Property. The estimated average annual amounts ofwithdrawal available from the subject aquifers as indicated below, are based upon theDenver Basin Rules, 2 C.C.R. 402-6. Applicants estimate the following annual amountsare representative of the Denver, Arapahoe and Laramie-Fox Hills aquifers underlyingthe Subject Property:

Saturated AnnualAquifer Thickness AmountDenver 71 feet 4.2 acre-feetArapahoe 173 feet 10.3 acre-feetLaramie-Fox Hills 179 feet 9.4 acre-feet

The average annual amounts available for withdrawal from the subject aquiferswill depend on the hydrogeology and the legal entitlement of the Applicants andrepresents a claim to all not nontributary groundwater underlying the Subject Property.6. Well Fields: Applicants request that this Court determine that Applicants have theright to withdraw all of the legally available groundwater lying below the SubjectProperty, through the wells requested herein, which may be located anywhere on theSubject Property, and any additional wells which may be completed in the future asApplicants' well fields. As additional wells are constructed, applications will be filed inaccordance with 37-90-137(10), C.R.S. 7. Proposed Use: Applicants will use all waterwithdrawn from the subject aquifers in a water system to be used, reused, successivelyused, and after use leased, sold, or otherwise disposed of for the following beneficialpurposes: municipal, domestic, industrial, commercial, irrigation, livestock watering,recreational, fish and wildlife, and fire protection. Said water will be produced forimmediate application to said uses, both on and off the property, for storage andsubsequent application to said uses, for exchange purposes, for replacement ofdepletions resulting from the use of water from other sources, and for augmentationpurposes. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter ofthis application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9. Description ofplan for augmentation: A. Groundwater to be augmented: All of the notnontributary Denver aquifer groundwater to be decreed herein as described inparagraph 5 above. Applicants reserve the right to decrease or increase this amountwithout amending this application or republishing the same. B. Water rights to be used

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for augmentation: Return flows from the use of not nontributary and nontributarygroundwater and direct discharge of nontributary ground water. C. Statement of planfor augmentation: The subject Denver aquifer groundwater will be used for inhouse,stockwatering, and irrigation of home lawn and garden and a tree farm. For purposesof this application, an amount of 0.3 acre-feet per year is associated with inhouse use,irrigation use will require approximately 0.057 acre-feet per year for each 1000 square-feet of lawn and garden and trees, and an amount of 0.05 acre-feet per year isassociated with stockwatering of every four large domestic animals. Applicants reservethe right to amend these uses and values based on final planning of the SubjectProperty. Sewage treatment for the individual lots will be provided by non-evaporativeseptic systems. Consumptive use associated with in-house and commercial use will beapproximately 10% of water used and it is estimated that approximately 10% of waterused for irrigation will be returned to the stream system. Stockwatering is consideredto be 100% consumed. Before any other type of sewage treatment is proposed in thefuture, including incorporation of the lots into a central sewage collection and treatmentsystem, Applicants, or successors and assigns, will amend this decree prior to suchchange and thereby provide notice of the proposed change to other water users bypublication procedures required by then existing law. During pumping Applicants willreplace depletions to the affected stream system pursuant to 37-90-137(9)(c), C.R.S.Return flows from use of the subject water rights will accrue to the South Platte Riversystem via West Plum Creek and those return flows are sufficient to replace actualdepletions while the subject groundwater is being pumped. After the 100th year, afterthe entire amount has been withdrawn, or after pumping ceases, Applicants willdemonstrate that any depletions which may occur to the stream systems are non-injurious and need not be replaced. However, if the Court finds that such depletionsneed to be replaced, Applicants will purchase an amount of nontributary groundwaterwhich is equal to the amount to be withdrawn herein to be reserved for future use inthis augmentation plan. Said water may be water decreed in Case No. 94CW100,District Court, Water Division 1, which water is generally located in parts of Sections 12and 13, T8S, R68W and Sections 17 and 18, T8S, R67W of the 6th P.M. 10. Remarks: A.Applicants claim the right to withdraw more than the average annual amountsestimated in paragraph 5B above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R.402-7. B. Although Applicants have estimated the amounts of water available forwithdrawal from the subject aquifers based on estimates of relative values for specificyield and saturated thicknesses, Applicants request the right to revise the estimatesupward or downward, based on better or revised data, without the necessity ofamending this application or republishing the same. C. Applicants will withdraw the notnontributary Denver aquifer groundwater requested herein under the plan ofaugmentation requested herein pursuant to 37-90-137(9)(c), C.R.S. WHEREFORE,Applicants pray that this Court enter a Decree: 11. Granting the application herein andawarding the water rights claimed herein as final water rights, except as to those issuesfor which jurisdiction of the Court will be specifically retained; 12. Specificallydetermining that: A. Applicants have complied with 37-90-137(4), C.R.S., and water islegally available for withdrawal by the wells proposed herein, but that jurisdiction willbe retained with respect to the average annual amounts of withdrawal specified hereinto provide for the adjustment of such amounts to conform to actual local aquifercharacteristics from adequate information obtained from wells or test holes drilled on ornear Applicants' property, pursuant to 37-92-305(11), C.R.S. and Denver Basin Rule9.A.; B. The groundwater in the Denver, Arapahoe, and Laramie-Fox Hills aquifers isnot nontributary groundwater; C. Vested or conditionally decreed water rights of otherswill not be materially injured by the withdrawals of groundwater and the plan foraugmentation proposed herein; D. No findings of diligence are required to maintainthese water rights. FURTHER, Applicants pray that this Court grant such other relief asseems proper in the premises.

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2000CW106 CONCERNING THE APPLICATION FOR WATER RIGHTS OF LAGAEFAMILY LIMITED PARTNERSHIP AND CASTLE PINES NORTH METROPOLITANDISTRICT, APPLICATION FOR UNDERGROUND WATER RIGHTS FROMNONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF APLAN FOR AUGMENTATION, IN THE NONTRIBUTARY ARAPAHOE AND LARAMIE-FOXHILLS AND THE NOT NONTRIBUTARY LOWER DAWSON AND DENVER AQUIFERS, INDOUGLAS COUNTY. 1. Name, Address, Telephone Number of Applicants: Lagae FamilyLimited Partnership, a Colorado limited partnership, 558 East Happy Canyon Road,Castle Rock, Colorado 80104 and Castle Pines North Metropolitan District,404Yorkshire Dr.,Castle Rock, CO 80104 (303) 688-8550 (Holly I. Holder, Holly I. Holder,P.C., 518 17th Street, #1500, Denver, Colorado 80202 (303) 534-3636). The SubjectProperty is owned by Lagae Family Limited Partnership, and is under contract forpurchase by Secretariat Investments, LLC, which may be substituted in the future asApplicant herein. 2. Well Permits: Well permits will be applied for prior to constructionof the wells. 3. Legal Description of Wells and Subject Property: The wells which willwithdraw groundwater from the not nontributary Lower Dawson and Denver andnontributary Arapahoe and Laramie-Fox Hills aquifers will be located at any location onapproximately 54 acres of land located in the S1/2 of Section 3, T7S, R67W of the 6thP.M., as more particularly described and shown on Attachment A hereto ("SubjectProperty"). The water may also be withdrawn through wells located within theboundaries of and for use by Applicant Castle Pines North Metropolitan District("District") as also shown on Attachment A hereto, and in combination with water in thesame aquifers as decreed for use by the District in Case Nos. 84CW059, 84CW060,84CW061, and 84CW062, District Court, Water Division 1. 4. Source of Water Rights:The source of the groundwater to be withdrawn from the Lower Dawson and Denveraquifers is not nontributary as described in 37-90-103(10.7) and 37-90-137(9)(c), C.R.S.The groundwater to be withdrawn from the Arapahoe and Laramie-Fox Hills aquifers isnontributary groundwater as described in 37-90-103(10.5), C.R.S. 5. EstimatedAmounts and Rates of Withdrawal: The wells will withdraw the subject amounts ofgroundwater at rates of flow necessary to efficiently withdraw the entire decreedamounts. Applicants will withdraw the subject groundwater through wells to be locatedat any location on the Subject Property. Applicants waive any 600 foot spacing rule asdescribed in Section 37-90-137(2), C.R.S. for wells located on the Subject Property. Theestimated average annual amounts of withdrawal available from the subject aquifers asindicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. Applicantsestimate the following annual amounts are representative of the Lower Dawson, Denver,Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property:

Saturated AnnualAquifer Thickness AmountLower Dawson 154 feet 16.8 acre-feetDenver 249 feet 23.1 acre-feetArapahoe 408 feet 37.8 acre-feetLaramie-Fox Hills 178 feet 14.5 acre-feetThe average annual amounts available for withdrawal from the subject aquifers willdepend on the hydrogeology and the legal entitlement of the Applicants and representsa claim to all nontributary and not nontributary groundwater underlying the SubjectProperty. 6. Well Fields: Applicants request that this Court determine that Applicantshave the right to withdraw all of the legally available groundwater lying below theSubject Property, through the wells requested herein, which may be located anywhereon the Subject Property, and any additional wells which may be completed in the futureas Applicants' well fields. As additional wells are constructed, applications will be filedin accordance with 37-90-137(10), C.R.S. The water which is the subject of thisapplication may be withdrawn through wells owned and operated by the District, aswell as through wells located on the Subject Property. 7. Proposed Use: Applicants willuse all water withdrawn from the subject aquifers in a water system to be used, reused,

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successively used, leased, sold, or otherwise disposed of for the following beneficialpurposes: municipal, domestic, industrial, commercial, irrigation, livestock watering,recreational, fish and wildlife, and fire protection uses. Said water will be produced forimmediate application to said uses, both on and off the property, for storage andsubsequent application to said uses, for exchange purposes, for replacement ofdepletions resulting from the use of water from other sources, and for augmentationpurposes. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter ofthis application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9. Description ofplan for augmentation: A. Groundwater to be augmented: All of the Lower Dawson andDenver aquifer groundwater requested herein as described in paragraph 5 above.Applicants reserve the right to increase or decrease this amount without amending thisapplication or republishing the same. B. Water rights to be used for augmentation:Return flows from the use of not nontributary and nontributary groundwater anddirect discharge of nontributary ground water, including but not limited to water ownedby the District as decreed in Case No. 85CW466, 84CW054, 84CW061 and 84CW062,and Case No. 85CW479. C. Statement of plan for augmentation: Applicant Castle PinesNorth Metropolitan District has an augmentation plan for withdrawal of notnontributary Lower Dawson and Denver aquifer groundwater pending in this court inCase No. 98CW468, which water is adjacent to the water which is the subject of thisapplication. Applicant may request that the augmentation plan requested in thisapplication, be consolidated with that pending case in the future. Applicants willwithdraw the subject water for municipal purposes, including commercial and irrigationuse on the Subject Property. During pumping of the subject groundwater, Applicantswill replace actual depletions to the affected stream system, and an amount of waterwhich is equal to 4% of withdrawals, for pumping of the Lower Dawson and Denveraquifer groundwater water, respectively, pursuant to §37-90-137(9)(c), C.R.S., byutilizing return flows associated with use of said water, or by direct discharge of thesubject water into the affected stream system if the return flows are insufficient.Applicants estimate that such depletions will affect the Plum Creek stream system andthe South Platte River stream system. Return flows from inhouse use and commercialuse accrue to East Plum Creek via the regional wastewater treatment plant whichdischarges to said East Plum Creek at a location which is generally located in the SW¼SW¼ of Section 21, T7S, R67W of the 6th P.M. Applicants estimate that approximately95% of the water used for inhouse and commercial uses return to the stream system viathe wastewater treatment plant. For the purposes of this application, Applicantsestimate that approximately 15% of water used for irrigation of residential units andcommercial operations and 30% of water used for irrigation of golf courses served byApplicant Castle Pines North Metropolitan District, returns to the stream system.Applicants reserve the right to amend these values based on better engineeringinformation which may become available in the future. After the entire amount decreedherein has been withdrawn or after pumping ceases, Applicants will demonstrate thatany depletions which may occur to the stream systems are non-injurious and need notbe replaced. However, if the Court finds that such depletions need to be replaced,Applicants will reserve an adequate amount of nontributary groundwater to meetaugmentation requirements. 10. Remarks: A. Applicants claim the right to withdrawmore than the average annual amounts estimated in paragraph 5B above pursuant toRule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicants haveestimated the amounts of water available for withdrawal from the subject aquifersbased on estimates of relative values for specific yield and saturated thickness,Applicants request the right to revise the estimates upward or downward, based onbetter or revised data, without the necessity of amending this application orrepublishing the same. C. Applicants will withdraw the not nontributary Lower Dawsonand Denver aquifer groundwater requested herein under the plan of augmentationrequested herein pursuant to 37-90-137(9)(c), C.R.S. WHEREFORE, Applicants praythat this Court enter a Decree: 11. Granting the application herein and awarding the

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water rights claimed herein as final water rights, except as to those issues for whichjurisdiction of the Court will be specifically retained; 12. Specifically determining that:A. Applicants have complied with 37-90-137(4), C.R.S., and water is legally available forwithdrawal by the wells proposed herein, but that jurisdiction will be retained withrespect to the average annual amounts of withdrawal specified herein to provide for theadjustment of such amounts to conform to actual local aquifer characteristics fromadequate information obtained from wells or test holes drilled on or near Applicantsproperty, pursuant to 37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; B. Thegroundwater in the Lower Dawson and Denver aquifers is not nontributary andgroundwater in the Arapahoe and Laramie-Fox Hills aquifers is nontributarygroundwater; C. Vested or conditionally decreed water rights of others will not bematerially injured by the withdrawals of groundwater and the plan for augmentationproposed herein; D. No findings of diligence are required to maintain these water rights.FURTHER, Applicants pray that this Court grant such other relief as seems proper inthe premises.

2000CW107 LOGAN COUNTY WATER USERS ASSOCIATION, 223 Main Street, Sterling, CO80751. CHRIS VANDEMOER, 14702 County Road 20, Atwood, CO 80722. DARREN LUFT, 15539CR. 41, Sterling CO 80751. (Ray Ann Brammer, BRAMMER LAW OFFICE, P.C., P.O. Box 1827,Sterling, CO 80751). APPLICATION FOR MODIFICATION OF PLAN FOR AUGMENTATION, INLOGAN COUNTY.1. 2. Name of Structure to be Augmented: Luft Well; Permit No 117892.3. Previous decree for water rights to be used for augmentation: Date Entered: January 23, 1980

:Case No.: W-9206-78: Court: Water Division No. 1: Type of water right: Augmentation Plan,surface and storage with the right to fill and refill: Legal description of point of diversion or placeof storage: Point of diversion: NW 1/4NW1/4 Section 35, Township 7 North, Range 53, West ofthe 6th P.M., Springdale Ditch Headgate: Place of Storage: Schuman’s Lake SE 1/4 Section 36,Township 8 North, Range 53 West of the 6th P.M. The SE 1/4 of the Lake is located at a pointapproximately 1036 feet West of the SE Corner of Section 36 and near the south section line.Source: South Platte and South Platte Alluvium Amount: Schuman’s Lake was decreed the rightto fill and refill 25.5 acre feet Appropriation: Schuman’s Lake was decreed an appropriation dateof April 10, 1958. Country Club Hills Augmentation Plan was decreed in W-9206 to providereplacement water for out of priority consumption of 180 single family equivalent wells located inthe S1/2 of Section 36, Township 8 North, Range 53 West, 6th P.M. The replacement water forthese wells is diverted through the Springdale Ditch and into Schuman’s Lake. The replacementwater is not water decreed to the Springdale Ditch. Case W-9206 limited 94 wells to 6,000 squarefeet of irrigation and 86 wells to 5,945 square feet of lawn and garden irrigation. The overall planhad a consumptive use of 44.63 acre feet per year. The records reflect that an average of at least44.63 acre feet of water has been diverted into Schuman’s Lake from 1980 to 1997. (See attachedmap for Schuman’s Lake location and attached diversion records summary.) Historically,approximately 44.63 acre feet of water has been diverted into Schuman’s Lake even though all180 wells had not been drilled or were not being used.

4. Statement of Plan for Augmentation: Country Club Hills Augmentation Plan was designed toprovide replacement water for 180 single family equivalent wells in the subdivisions referred to asCountry Club Hills Subdivision and Country Club Hills West Subdivision. Under theaugmentation plan, there are wells that remain that have not been used or drilled. Based on thecurrent build out of these subdivisions, all 180 wells can not be used within those boundaries.Therefore, this application seeks to allow the Applicant, Darren Luft, to use a portion of theunused augmentation credit from the unused wells, for his well located in the SE 1/4 NE 1/4Section 17, Township 8 North Range 52 West of the 6th P.M. His well, permit no. 117892 iscurrently permitted for in house use only. He would like to include his well in an approvedaugmentation plan to allow for the irrigation of 6,000 square feet of lawn and garden as well as thehousehold use. Lawn irrigation consumptive use will be provided on the basis of an annualconsumptive use pursuant to the terms of the decree entered in W-9206, which is 1.59 acre feet peracre per year. Household use pursuant to the decree is based on 3.5 persons per house with 100

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gallons of water per day with a 10% consumptive loss based on a septic disposal system for a netconsumptive use of 0.0392 acre feet per well per year.Therefore, the Luft well will have lawn irrigation consumptive use of 0.219 acre feet per year and0.0392 acre feet per year for household use. The Luft well requires 0.258 acre feet of water peryear to replace his out of priority depletions.The Applicant, Chris Vandemoer is the current owner of the Country Club Hills AugmentationPlan. Upon entry of a decree in this matter, the Applicant, Chris Vandemoer will transfer 0.258acre feet of augmentation water decreed in W-9206 to the Logan County Water Users Association.The Association will hold the 0.258 acre feet of water in trust for the benefit of the Luft well inconformance with the Articles of Incorporation and Bylaws adopted by the Association. (3 pages)

2000CW108 LARIMER COUNTY, APPLICATION FOR INCLUSION OF WATER RIGHTSPURSUANT TO DECREE IN CASE NO. 82CW202A BY THE CITY OF LOVELAND IN THE BIGTHOMPSON RIVER. 1. Name and Address of Applicant: City of Loveland, c/o Larry Howard, WaterResource Engineer, 200 North Wilson, Bldg. 1, Loveland, CO 80537, (970) 962-3703; Attorneys forApplicant: Brian M. Nazarenus, Friedlob Sanderson Paulson & Tourtillott, LLC, 1400 Glenarm Place,Suite 300, Denver, CO 80202-5099, (303) 571-1400 and Lynn Hammond, Hammond & Clark, 200 East 7th

Street, Ste. 418, Loveland, CO 80537 (970) 667-1023. 2. Statement of Claim for Inclusion: The City ofLoveland has acquired additional ownership interests in the water rights described below that it seeks tomake subject to the decree entered by this Court on June 18, 1985 in Case No. 82CW202A. Paragraph6.C.(10) of the 82CW202A Decree provides that additional ownership interests acquired by Loveland inthe water rights that are subject to the Decree can, pursuant to the procedures contained in that paragraph,become effective and controlled by the Decree, and may thereby be changed to municipal and other useswithin Loveland in accordance with the Decree’s terms and conditions. The water rights that are thesubject of this inclusory application are interests in the Barnes Ditch and the Chubbuck Ditch, whichditches were subject to determinations made in the original proceedings under Case No. 82CW202A. Asrequired by paragraph 6.C.(10) of the 82CW202A Decree, information regarding historical use of theownership interests that Loveland seeks to include under the Decree is contained in the Historical UseAffidavit attached hereto as “Exhibit 1,” or in the body of the deeds attached hereto as “Exhibit 2” and“Exhibit 3,” for the Barnes and Chubbuck Ditches, respectively, as evidence of ownership transfer. Copiesof this Application and its exhibits are, contemporaneous with the filing of this Application, being providedto the Division Engineer and all 82CW202A Objectors as required by the 82CW202A Decree. 3. WaterRights to be Included: (A) Barnes Ditch (also known as Big Barnes Ditch and Little Barnes Ditch). (i)Point of Diversion: The NW¼ of the NE¼ of Section 17, Township 5 North, Range 69 West of the 6th

P.M., on the Big Thompson River. A map indicating the land historically irrigated by the rights to beincluded under the 82CW202A Decree pursuant to this Application is attached hereto as “Exhibit 4.” (ii)Additional Inches: 22.11 additional inches in the Barnes Ditch have been transferred to the City ofLoveland as follows:

Transferor Inches Map No. Recording DateMetro Development Corp. 5 B1 Aug. 23, 1982Dale Olhausen 6.74 B2 Dec. 7, 1984Eva Arndt 0.5 B3 Jan. 8, 1985Kenneth Landes 0.83 B4 Jan. 9, 1985Lions Club of Loveland 0.5 B5 Nov. 26, 1985Willmann, Erbes, Ostermiller, 0.54 B6 Mar. 6, 1986

Rutz, & RagsdalePatrick McGinness 8 B7 Feb. 4, 1992Total Inches 22.11

Copies of the deeds referenced above are attached hereto as Exhibit 2. (iii) Decree: The water rights for theBarnes Ditch are decreed in the Big Thompson River as follows:

Amount Appropriation Date18.56 cfs 10/20/186512.06 cfs 06/01/186719.93 cfs 06/23/1873

(iv) Total Ownership: The total ownership held by the City of Loveland in the Barnes Ditch which wouldbe subject to the 1982 Decree if the Application herein is approved is 1306.75 inches out of a total of

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2012.50 inches in the ditch, a 64.93 percentage ownership of the ditch. (B) Chubbuck Ditch (also knownas the Loveland and Greeley Canal and the Greeley and Loveland Ditch): (i) Point of Diversion: TheChubbuck Ditch was decreed with two separate and distinct headgates, one located in Section 15 and one inSection 17, Township 5 North, Range 69 West of the 6th P.M., both on the Big Thompson River. (ii)Additional Inches: 140.28 additional inches in the Chubbuck Ditch have been transferred to the City ofLoveland as follows:

Transferor Inches Map No. Recording DateMcWhinney 5 C1 [in process]James Morse 15.5 C2 Nov. 9, 1993Lyle Landis 1.7 C3 May 7, 1990Lyle Landis 1.7 C4 Aug. 28, 1992Anderson Farms 52.5 C5 Nov. 20, 1985Anderson Farms 10 C6 Dec. 1, 1983Ward Construction 11 C7 Jan. 22, 1999Loveland Classic Enterprises/ 23.6 C8 Apr. 22, 1999 Rose Creek PropertiesCity of Loveland per Lateral #4 19.28 C9 Aug. 13, 1996 Quiet Title Suit (Court Decree)

Total Inches 140.28Copies of the deeds and quiet title decree referenced above are attached hereto as Exhibit3. (iii) Decree: The water rights for the Chubbuck Ditch are decreed in the BigThompson River as follows:

Amount Appropriation Date8.361 cfs 11/01/186539.041 cfs 10/20/187035.501 cfs 10/25/187315.201 cfs 11/01/1878

(iv) Total Ownership: The total ownership held by the City of Loveland in the Chubbuck Ditch whichwould be subject to the 1982 Decree if the Application herein is approved is 598.28 inches out of a total of1590.40 inches in the ditch, a 37.62 percentage ownership of the ditch. 4. Terms and Conditions ofInclusion: (a) The 82CW202A Decree adjudicated a change in the use and points of diversion for the waterrights decreed for the Barnes and Chubbuck Ditches, in addition to other agricultural ditches located nearLoveland. The 82CW202A Decree contains at paragraph 6.C.(10) procedures by which additionalownership interests acquired by Loveland in the water rights that are subject to that decree may becomeeffective and controlled by the Decree and thereby be used by Loveland for municipal and other decreedpurposes. This Application for inclusion of waters rights is filed pursuant to the procedures set forththerein. (b) This Application is filed by Loveland to permit it to divert at the same points of diversiondescribed in the 82CW202A Decree and the decree entered in Case No. 89CW1282, for municipal purposesand other decreed uses, water diverted under interests described herein which were acquired by Loveland inthe Barnes and Chubbuck Ditches. (c) The water rights that are the subject of this Application shall beincluded under and governed by the 82CW202A Decree, and shall thereby be subject to the terms andconditions set forth in the Decree. Such terms and conditions, which are set forth in paragraphs 6.C.(1)through (14) of the Decree, include limitations on the use of the water within the service area of the City ofLoveland or on land served by the subject ditch. Loveland is required to maintain its sanitary sewer outfallor outfalls so that such effluent will be available to satisfy the priorities of the Consolidated HillsboroughDitch on the Big Thompson River. Limitations are also imposed on the rate of flow and amount ofdiversion to ensure that the amount of water diverted at Loveland’s decreed alternate points of diversion

1 These are the priorities from which the Greeley-Loveland Company delivers water to theChubbuck rights. The owners of these rights have priority for delivery of water before anyremainder becomes available to other users under the Greeley-Loveland system in accordancewith principles enunciated in Greeley and Loveland Co. v. McCloughan, 140 Colo. 173, 342 P.2d1045, and by historical ditch practice.

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does not exceed the amount of water historically diverted at the original points of diversion. The82CW202A Decree contains additional limitations on diversions and use which the Court has determinedwill prevent injury to other water users. (d) Paragraph 6(C)(4) of the 82CW202A Decree was modified bythe Water Court on April 25, 2000 to include additional volumetric limitations that allow Loveland todivert under the water rights that are subject to the Decree independent of diversions by remainingagricultural water users. The water rights that are the subject of this Application shall be subject to saidvolumetric limitations. WHEREFORE, the City of Loveland requests that the Court grant this Applicationfor Inclusion of Water Rights and find and determine that the subject water rights have been acquired andconstitute additional ownership interests contemplated by the decree in Case No. 82CW202A, and orderthat the decree herein shall become effective and control said water rights in accordance with the terms andconditions of the decree in Case No. 82CW202A. (42 pages)________________________2 The decree in Case No. 89CW128 added an additional point of diversion at the Olympus Tunnelat the outlet of Lake Estes at the Olympus Dam located in the SE¼ of the NW¼ of Section 29,Township 5 North, Range 72 West of the 6th P.M.

98CW450, CITY OF STERLING, Joseph D. Kiolbasa, Director of Public Works, Centennial Square,421 North 4th Street, Sterling, Colorado 80751. (David F. Jankowski, Esq., White & Jankowski, L.L.P.,511 Sixteenth Street, #500, Denver, Colorado 80202. Second Amendment to Application for Absolute andConditional Water Rights and Exchanges and For Approval of Plan for Augmentation, in MORGAN,WASHINGTON AND LOGAN COUNTIES. Amendments to application: The first amendment of theapplication, filed on May 31, 2000, is further amended to correct a typographical error in two legaldescriptions pertaining to Sterling Well No. 31. References to Range 52 West should have been to Range53 West. As a result, ¶ 2.a.ii.of the first amendment to the application is further amended to read asfollows. ii. Sterling Well No. 31. Point of diversion: Sterling Well No. 31 will be located in the SE¼SE¼, Section 25, T8N, R53W of the 6th P.M., Logan County, Colorado. Source: Underground water in thealluvium of the South Platte River. Amount: 2.67 c.f.s. (1200 g.p.m.), conditional. Date of appropriation:March 21, 2000. Use: Irrigation of Pioneer Park in the SE¼, Section 25, T8N, R53W of the 6th P.M.,Logan County, Colorado, exchange, augmentation, substitution or replacement. Sterling may reuse,successively use, dispose and/or otherwise apply all water to extinction. All other items remain aspreviously published.

2000CW026 THOMAS K. RITZEL AND LANA MILLER RITZEL, 5702 S. Kalispell Court,Aurora, CO 80015. Amendment to Application, IN DOUGLAS COUNTY. (Henry D. Worley,MACDOUGALL, WOLDRIDGE & WORLEY, P.C., 530 Communications Circle, Suite 204, Colo.Springs, CO 80905). The application is amended to correct the legal description for well permit no.110124 as follows: SE1/4NE1/4, S31, T9S, R67W, 6th P.M., 2120’ from N section line and 300’ from Esection line. All other items remain as published in the 2/2000 Resume. (1 page)

YOU ARE HEREBY NOTIFIED THAT YOU HAVE, until the last day of August, 2000 to file withthe Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why a certainapplication should not be granted or why it should be granted only in part or on certain conditions. A copyof each statement of opposition must also be served upon the Applicant or the Applicant’s attorney and anaffidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP.(Filing fee: $45.00). MARY A. CRESPIN, Water Clerk, Water Division 1, POB “C”, Greeley, CO80632.

RULINGS ENTERED BY REFEREE LIESMAN ON 06-07-2000

99CW202 ROSE MACY , GARY & SYLVIA WELD PAGES 03 BURBACK & LESLIE WILLIAMS

99CW022 GREEN ACRES TURF FARM WELD PAGES 04

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98CW290 AGRICULTURAL DITCH AND JEFFERSON PAGES 09 RESERVOIR CO. AND THE

GOLDEN CANAL AND RESERVOIRCOMPANY

97CW379 UNITED STATES OF AMERICA PARK PAGES 04

97CW277 CITY & COUNTY OF DENVER JEFFERSON PAGES 07

94CW255 COLORADO WATER JEFFERSON PAGES 04CONSERVATION BOARD

RULING ENTERED BY REFEREE LIESMAN ON 06-09-2000

98CW349 RICHARD & NANCY BARNEY JEFFERSON PAGES 02

RULINGS ENTERED BY REFEREE LIESMAN ON 06-21-2000

97CW289 HENRY & BARBARA JEFFERSON PAGES 06KERSCHBAUM

99CW145 FREUND & CO & FREUND ARAPAHOE PAGES 09INVESTMENTS

____________________________________________________________________________________RULINGS ENTERED BY REFEREE LIESMAN ON 06-26-2000

99CW213 ABBEY OF ST WALBURGA LARIMER PAGES 05

97CW389 ASPHALT PAVING COMPANY ADAMS/WELD PAGES 02

97CW382 PUBLIC SERVICE COMPANY IN ADAMS PAGES 05 SOUTH PLATTE RIVER

____________________________________________________________________________________CONDITIONAL DECREE ENTERED BY JUDGE HAYS ON 06-01-2000

97CW195 CITY OF LAFAYETTE BOULDER/WELD PAGES 31DECREE ENTERED NY JUDGE HAYS ON 06-01-2000

98CW413 MAYA WATER INC JEFFERSON PAGES 22

CONDITIONAL DECREE ENTERED BY JUDGE HAYS ON 06-01-2000

98CW409 MAYA WATER INC JEFFERSON PAGES 15DECREES ENTERED ON 06-14-2000 BY JUDGE HAYS

98CW363 ARVEN VONDY, DAVID VONDY MORGAN PAGES 02ENID HARRIS, RACHAEL LARUEAND CAROL VONDY

98CW003 TWELVE MILE FISHING CLUB PARK PAGES 07

97CW388 ASPHALT PAVING COMPANY ADAMS/WELD PAGES 04CONDITIONAL DECREES ENTERED BY JUDGE HAYS ON 06-14-2000

98CW399 LOOKOUT MT WATER DIST. CLEAR CREEK/ PAGES 04JEFFERSON

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98CW320 JOHN & ROBERTA NORMAN PARK PAGES 07

97CW390 ASPHALT PAVING COMPANY ADAMS/WELD PAGES 05

92CW153 ELDORA ENTERPRISES LLC BOULDER PAGES 07CONDITIONAL DECREES ENTERED BY JUDGE HAYS ON 06-20-2000

99CW094 WESTERN MOBILE ADAMS/JEFFERSON PAGES 05

99CW093 WESTERN MOBILE ADAMS/JEFFERSON PAGES 05

95CW031 KEN-CARYL RANCH WATER JEFFERSON/ARAPAHOE PAGES 23DISTRICT DENVER

DECREES ENTERED BY JUDGE HAYS ON 06-20-2000

99CW196 JACKSON CREEK PROPERTY DOUGLAS PAGES 09

99CW166 CLEAR VIEW BAPTIST DOUGLAS PAGES 12CHURCH

99CW162 GENESEE WATER AND CLEAR CREEK/ PAGES 04SANTITATION DISTRICT JEFFERSON

________________________________________________________________________________________DECREES ENTERED BY JUDGE HAYS ON 06-20-2000

99CW126 G.THOMAS MORGAN & ROBIN EL PASO PAGES 08MORGAN

99CW109 ASPHALT PAVING COMPANY WELD PAGES 13

99CW074 GIRL SCOUTS, MILE HI LARIMER PAGES 05COUNCIL

99CW070 SUNRISE ACRES WATER USERS LARIMER PAGES 05

99CW047 EILEEN JASKOWSKI LARIMER PAGES 02DECREES ENTERED BY JUDGE HAYS ON 06-21-2000

2000CW011 WILLIAM OBERING, JOSEPH DOUGLAS PAGES 12OBERING, WILLIAM OBERING,AND PAUL O’BRIEN, AS CO-TRUSTEES OF WARRIOR STOCKHOLDERSLIQUIDATING TRUST

99CW179 SPARBOE HORIZON COPR. WELD PAGES 11

99CW147 WAVERTON SERVICES CORP. DOUGLAS PAGES 09

99CW097 ROBERT & CATHERINE DOUGLAS PAGES 02HOWERY

98CW459 COLONY INVESTMENTS, INC. DOUGLAS PAGES 07

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98CW382 ERNEST & SHERI YOUNG, DOUGLAS PAGES 09DANIEL O’CONNER, JAMES& LINDA DOWNEY, THOMAS& SALLY SWAIN

98CW340 KENNETH VAN DEWEGHE DOUGLAS PAGES 12 ET AL

98CW275 ELAINE HARRRIS JEFFERSON PAGES 06AMENDED CONDITIONAL DECREE ENTERED BY JUDGE HAYS ON 06-28-2000

88CW259 THREE PEAKS WATER LARIMER PAGES 12CONDITIONAL DECREES ENTERED BY JUDGE HAYS ON 06-28-2000

99CW022 GREEN ACRES TURF FARM WELD PAGES 04

98CW290 AGRICULTURAL DITCH AND JEFFERSON PAGES 09RESERVOIOR CO. AND THEGOLDEN CANAL AND RESERVOIRCOMPANY

97CW277 CITY & COUNTY OF DENVER JEFFERSON PAGES 07DECREES ENTERED BY JUDGE HAYS ON 06-28-2000

99CW202 ROSE MACY, GARY & SYLVIA WELD PAGES 03BURBACK & LESLIE WILLIAMS

97CW379 UNITED STATES OF AMERICA PARK PAGES 04

94CW255 COLORADO WATER JEFFERSON PAGES 04CONSERVATION BOARD

DECREE ENTERED BY JUDGE HAYS ON 06-30-2000

98CW349 RICHARD & NANCY BARNEY JEFFERSON PAGES 02