to all persons interested in water …c:\windows\temp\resume2-2000.doc 1 to all persons interested...

$: TO ALL PERSONS INTERESTED IN WATER …C:\WINDOWS\TEMP\RESUME2-2000.DOC 1 TO ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIVISION 1 : Pursuant to CRS, 37-92-302, you are hereby$
C:\WINDOWS\TEMP\RESUME2-2000.DOC 1

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 comprise a resume ofapplications and amended applications filed in the office of the Water Clerk for Water Division No. 1 duringthe month of February, 2000.

2000CW013 STANLEY R. & DOROTHY M. RUSSELL, 17271 U.S. Hwy. 24, POB 525, Hartsel,CO 80449. Application for Underground Water Right, IN PARK COUNTY. Stanley & Dorothy RussellWell #71049 located in the SW1/4SW1/4, S31, T11S, R74W, 6th P.M., 4100' from N section line and 885'from W section line, a/k/a South Park Ranches, Lot 17, Filing 35. Source: Groundwater Appropriation:8/29/1973 Amount: 15 gpm Proposed use: One house and water for cooking at business. (2 pages)

2000CW014 GEORGE B. AND ARLENE J. FITTERER, 3137 Meadow View Road, Evergreen, CO80439-9509. Application for Underground Water Right, IN JEFFERSON COUNTY. Fitterer Well#184873 is located in the NW1/4SW1/4, S36, T4S, R71W, 6th P.M., 2540' from S section line and 200' fromWest section line, a/k/a Lot 85, Mountain Meadow Heights. Source: Groundwater Depth: 520'Appropriation: 9/19/1994 Amount claimed: 4.5 gpm Use: Domestic-septic tank & leach type of disposalone house. (2 pages)

2000CW015 JENSEN FARMS INC., 920 Lane Street, Fort Morgan, CO 80701. Application forChange of Water Right, IN MORGAN COUNTY. Weimer Well No. RF802(replaced by R8287-RF)decreed 10/2/1975 in Case No. W-2704, Water Division No. 1. Decreed point of diversion: The well islocated in the NW1/4SE1/4, S13, T4N, R59W, 6th P.M., 1352' N of the S line and 1367' W of the E line.Source: Alluvial Appropriation: 9/20/1936 Amount: 796 gpm Historic use: None of the water rightswill be changed. We would like to move the well to a different location as the well at the present locationplugs up after a few years. It will still be for irrigation of the same acres as before and the same gallons perminute. Proposed change: We would like to move the well 622' S and 1234' W of the old well, whichwould make it 730' from the S line and 2601' from the east line. This is in the SE1/4, S13, T4N, R59W,Morgan County. The use of this well is for irrigation and moving the well to this location would put it in acleaner formation and hopefully alleviate the plugging problem. (2 pages)

2000CW016 RON LINDGREN, 10485 Henderson Road, Brighton, CO 80601. Application forChange of Water Right, IN ADAMS COUNTY. Original Well AD-8635-Newer Well #26526F and#26526-RF decreed 7/23/1980 in Case No. 79CW053, Water Division 1. Decreed point of diversion:SE1/4NE1/4, S34, T1S, R67W, 6th P.M., at a point approximately 2310' S and 115' W of the NE corner,S34. Source: Groundwater Appropriation: 3/19/1979 Amount: 7.42 acre ft. annually Historic use andproposed change: Well AD8635 was used for 1 acre domestic use and irrigation from Dec. 31, 1969through 1978. Lindgren purchased the land in the spring of '78 for the purpose of growing nursery stock. InJuly of '80 Lindgren adjudicated the well in Case #79CW053 at 80 gpm and used the well at this pumpingrate. In '81-'82 because of gravel operations 100 yds. to the East of well AD8635, the water levels dropped(as did others in the area) and the well could not sustain the historic and adjudicated amount. Lindgrenapplied, through the Division of Water Resources, to dig a deeper well (permit #26526-RF) butsubsequently discovered impenetrable shale would not allow for a well deep enough to sustain the historicand adjudicated amount of 80 gpm. Since the issue of permit #26526-RF in May of '83 Lindgren hasneeded both wells to achieve the historic and adjudicated amount of 80 gpm. Getting up in hears, I wantedto insure my descendants would have no water problems. When I called the Division of Water Resources tomake sure the files were complete I discovered there was not an alternate point of diversion decreed by theWater Court even though the Division of Water Resources has issued a decree which "…approved to use anexisting well, constructed under permit #26526-F as an alternate point of diversion to the new well,#26526RF. The conditions of approval in permit #26526 requiring abandonment of the original well ishereby waived." (permit #27368-F 4/4/'84) since '83 these 2 wells have been used to irrigate the adjudicatedland at the adjudicated rate and I'm simply requesting the Water Court to forgive my oversight in neglectingto follow through with the paper work in Division 1 Water Court and thus grant a decree to use the existingwell, constructed under permit #26526-F as an alternate point of diversion to the new well #26526-RF. (4pages)


2000CW17 MARY A. HIER, 25004 N. Elbert Road, Elbert, CO 80106. (Harold F. Hurst, Box 416,Kiowa, CO 80117). Application or Spring Water Rights(C.R.S. 37-82-102), IN ELBERT COUNTY.Mary Hier Spring No. 1 is located in the the W1/2 S30, T9S, R63W, 6th P.M., 227' from W section line and1320' from N section line. Rate of flow, Annual Appropriation and Source of Water: a. Developedspring flows at 32 g.p.m. b. Annual appropriation 51.6 acre feet. C. Source of Water-Spring.. Date ofAppropriation: Concrete collection structure appears to be dated June 1952. The water was placed tobeneficial use for stock watering on the same date. Proposed uses: All lawful uses including replacementor augmentation of out of priority designated ground water. (2 pages)

2000CW018 APPLICATION FOR CHANGE OF WATER RIGHTS. CONCERNING THEAPPLICATION FOR WATER RIGHTS OF JACKSON CREEK PROPERTIES, LLC, IN DOUGLASCOUNTY. 1. Name, Address, Telephone Number of Applicant: Jackson Creek Properties, LLC, 5680West Jackson Creek Road, Sedalia, CO 80134, (303) 814-0603. (Holly I. Holder, P.C., 518 SeventeenthStreet, Suite 1500, Denver, Colorado 80202, (303) 534-3636. REQUEST FOR CHANGE OF WATERRIGHTS. 2. Names and locations of structures: A. Jackson Creek Highline Ditch: The headgate is locatedon the north side of Jackson Creek, generally in the SE ¼ NE ¼ of Section 29, T8S, R68W, 6th P.M., asdecreed on December 19, 1905, in the matter of the priority of water rights for Water District 8, DistrictCourt for Douglas County. B. Houston Ditch: The headgate is located on the north side of Jackson Creek,generally in the SE ¼ NE ¼ of Section 29, T8S, R68W, 6th P.M., as decreed on December 10, 1883, in thematter of the priority of water rights for Water District 8, District Court for Douglas County. The alternatepoints of diversion for exercise of the changed Houston Ditch priority and the Jackson Creek Highlinepriority for continued irrigation are described as follows: A. Upper Diversion: Located in the SE ¼ NE ¼of Section 29, T8S, R68W, 6th P.M. at a point approximately 950 feet from the East section line and 2,550feet from the North section line of said Section 29. B. Middle Diversion: Located in the NE ¼ NW ¼ ofSection 28, T8S, R68W, 6th P.M. at a point approximately 1,450 feet from the West section line and 850feet from the North section line of said Section 28. C. Lower Diversion: Located in the SE ¼ SE ¼ ofSection 21, T8S, R68W, 6th P.M. at a point approximately 1,250 feet from the East section line and 1,100feet from the South section line of said Section 21. 3. Rates of flow: A. Jackson Creek Highline Ditch:3.0 cfs, maximum of 68 af/yr. B. Houston Ditch: 2.0 cfs, maximum of 49 af/yr. 4. Sources: A. JacksonCreek Highline Ditch: Jackson Creek, a tributary to West Plum Creek, a tributary to Plum Creek, atributary to the South Platte River. B. Houston Ditch: Jackson Creek, a tributary to West Plum Creek, atributary to Plum Creek, a tributary to the South Platte River. 5. Dates of appropriation: A. Jackson CreekHighline Ditch: November 30, 1902. B. Houston Ditch: December 30, 1871. 6. Proposed Change of WaterRights: In Case No. 97CW076, the decreed uses were limited to irrigation of approximately 200 acres ofgolf course on the subject property and augmentation for post-pumping replacement. In this application,the Applicant seeks only to add storage to the list of uses approved in Case No. 97CW076. The names,legal descriptions, and amounts for the claimed storage structures were decreed in Case No. 97CW193 andare pending a decree in Case No. 98CW471, and are as follows: A. Pond #1: The pond will be located inthe NE ¼ of Section 21, T8S, R68W of the 6th P.M., at a point approximately 1,245 feet from the east and10 feet from the north section line of said Section 21. The amount claimed to be stored is 120 acre-feet andrefill (conditional) and the surface area of the pond is estimated to be approximately 4.6 acres. Storagecapacity of 68 acre-feet and a surface area of approximately 3.8 acres were decreed in Case No. 97CW193;the differences are pending decree in Case No. 98CW471. B. Pond #2A: The pond will be located in theNE ¼ of Section 21, T8S, R68W of the 6th P.M., at a point approximately 577 feet from the east and 10 feetfrom the north section line of said Section 21. The amount claimed to be stored is 140 acre-feet and refill(conditional) and the surface area of the pond is estimated to be approximately 6.1 acres. Storage capacityof 52 acre-feet and a surface area of approximately 3.1 acres were decreed in Case No. 97CW193; thedifferences are pending decree in Case No. 98CW471. C. Pond #2B: The pond will be located in the NE¼of Section 21 and the NW¼ of Section 22, Township 8 South, Range 68 West of the 6th P.M., at a pointapproximately 1,250 feet from the west and 300 feet from the north section line of said Section 21. Theamount claimed to be stored is 410.0 acre-feet and refill (conditional), and the surface area of the pond isestimated to be approximately 16.00 acres; pending decree in Case No. 98CW471. D. Ponds #3A and #3B:The ponds will be located in the NE ¼ of Section 21, T8S, R68W of the 6th P.M., at a point approximately363 feet from the east and 630 feet from the north section line of said Section 21. The amount claimed tobe stored is 19.8 acre-feet and refill (conditional) and the surface area of the ponds is estimated to beapproximately 1.37 acres. E. Pond #4: The pond will be located in the SW ¼ of Section 22, T8S, R68W of


the 6th P.M., at a point approximately 350 feet from the west and 1,642 feet from the south section line ofsaid Section 22. The amount claimed to be stored is 200 acre-feet and refill (conditional) and the surfacearea of the pond is estimated to be approximately 7.5 acres. Storage capacity of 40 acre-feet and a surfacearea of approximately 3.8 acres were decreed in Case No. 97CW193; the differences are pending decree inCase No. 98CW471. F. Pond #5: The pond will be located in the SE ¼ of Section 21, T8S, R68W of the 6th

P.M., at a point approximately 895 feet from the east and 1,584 feet from the south section line of saidSection 21. The amount claimed to be stored is 56 acre-feet and refill (conditional) and the usr face area ofthe pond is estimated to be approximately 5 acres. G. Pond #6: The pond will be located in the SE ¼ ofSection 21, T8S, R68W of the 6th P.M., at a point approximately 1,311 feet from the east and 2,411 feetfrom the south section line of said Section 21. The amount claimed to be stored is 52 acre-feet and refill(conditional) and the surface area of the pond is estimated to be approximately 5 acres. H. Pond #7: Thepond will be located in the NE ¼ of Section 28, T8S, R68W of the 6th P.M., at a point approximately 1,461feet from the east and 1,165 feet from the north section line of said Section 28. The amount claimed to bestored is 12 acre-feet and refill (conditional) and the surface area of the pond is estimated to beapproximately 1.2 acres. I. Pond #8: The pond will be located in the SW ¼ of Section 21, T8S, R68W ofthe 6th P.M., at a point approximately 2,856 feet from the east and 75 feet from the south section line of saidSection 21. The amount claimed to be stored is 7 acre-feet and refill (conditional) and the surface area ofthe pond is estimated to be approximately 0.7 acres. J. Pond #9: The pond will be located in the NW ¼ ofSection 28, T8S, R68W of the 6th P.M., at a point approximately 3,078 feet from the east and 255 feet fromthe north section line of said section 28. The amount claimed to be stored is 31 acre-feet and refill(conditional) and the surface area of the pond is estimated to be approximately 2.5 acres. K. Pond #10: Thepond will be located in the NW ¼ of Section 28, T8S, R68W of the 6th P.M., at a point approximately 1,131feet from the west and 1,039 feet from the north section line of said Section 28. The amount claimed to bestored is 30 acre-feet and refill (conditional) and the surface area of the pond is estimated to beapproximately 2.0 acres. L. Pond #11: The pond will be located in the NW ¼ of Section 28 and the NE ¼of Section 29, T8S, R68W of the 6th P.M., at a point approximately 141 feet from the west and 1,445 feetfrom the north section line of said Section 28. The amount claimed to be stored is 23 acre-feet and refill(conditional) and the surface area of the pond is estimated to be approximately 2.3 acres. M. Pond #12:The pond will be located in the NE ¼ of Section 29, T8S, R68W of the 6th P.M., at a point approximately532 feet from the east and 1,788 feet from the north section line of said Section 29. The amount claimed tobe stored is 15 acre-feet and refill (conditional) and the surface area of the pond is estimated to beapproximately 1.5 acres. N. Pond #13: The pond will be located in the S½ of Section 28, Township 8South, Range 68 West of the 6th P.M., at a point approximately 2,440 feet from the East and 2,590 feetfrom the south section line of said Section 28. The amount claimed to be stored is 390 acre-feet and refill(conditional), and the surface area of the pond is estimated to be approximately 13.7 acres; pending decreein Case No. 98CW471. The above locations are shown on Attachment A hereto and are approximate.Applicant reserves the right to locate the structures in different locations based upon the best actual locationfor construction of the ponds, without the necessity of amending or republishing the same, as long as saidponds are constructed on Applicant's land, and the amounts of storage and approximate surface areasreferenced above are not exceeded. If any pond is ultimately located more than 200 feet from the locationdecreed herein, Applicant shall notify the Division Engineer and this decree shall be amended accordingly.7. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. WHEREFORE, Applicant prays that this Court enter a Decree: 8.Granting the application for a change of water right described herein. FURTHER, Applicant prays that thisCourt grant such other relief as seems proper in the premises.

2000CW019 ROSEWOOD HILLS PROPERTY AND HOMEOWNERS ASSOCIATION, INC.,c/o Bruce Barton, President, P.O. Box 5222, Woodland Park, CO 80866. NORTH FORKASSOCIATES MOUNTAIN MUTUAL RESERVOIR COMPANY, 2525 S. Wadsworth Blvd., Ste.306, Lakewood, CO 80227. (James G. Felt, FELT, HOUGHTON & MONSON, LLC, 319 N. Weber St.,Colo. Springs, CO 80903). APPLICATION FOR SURFACE WATER STORAGE RIGHT,APPROVAL OF PLAN FOR AUGMENTATION AND CHANGE OF WATERRIGHTS INCLUDING EXCHANGES, IN PARK AND TELLER COUNTIES.

CLAIM NO. 1


APPLICATION FOR WATER STORAGE RIGHT1. Name of Reservoir: The Rosewood Pond2. Legal Description: SE 1/4 SW 1/4, Section 27, Township 12 South, Range 69West, 6th P.M., with the center of the dam being 2,500 feet east of the west section lineand 800 feet north of the south section line of said Section 27, Teller County, Colorado.3. Source: Trout Creek, tributary to Horse Creek, tributary to the South Platte River.4. A. Date of Appropriation: May 20, 1998

B. How Appropriation was Initiated: Construction of dam to impound water.C. Date Water Applied to Beneficial Use: May 31, 1998

5. Amount Claimed: 0.7 acre feet6. Uses: Recreation, piscatorial, wildlife propagation, fire protection, aquiferrecharge, augmentation and replacement.7. A. Surface Area of High Water Line: 0.2 acres

B. Maximum Height of Dam: 10 feetC. Length of Dam: 150 feetD. Height of Dam to Spillway: 6 feet

8. A. Total Capacity of Reservoir: 0.7 acre feetB. Active Capacity of Reservoir: 0.7 acre feetC. Dead Storage: 0

9. Name and Address of Owners of Land on Which Reservoir Structure is Located:Applicant Rosewood Hills Property and Homeowners Association, Inc., and James andAnn Mungovan, 99 Trout Creek Rd., Woodland Park, Colorado, 80863.10. Remarks: Maps illustrating the location of the Rosewood Pond are attached tothis application. CLAIM NO. 2APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION, CHANGE

OF WATER RIGHTS AND EXCHANGE1. Name of Structures to be Augmented: The Rosewood Pond, the Rosewood HillsCollection Gallery and Pipeline and such other wells as may be drilled from time to timeto supply the in-house domestic and fire fighting needs of the Rosewood Hillssubdivision as described in this application. Each additional or supplemental well wouldbe constructed under this augmentation plan with a depth of approximately 600 feet anddivert water at a maximum flow rate of 50 gpm. The wells will be located within theboundaries of the Rosewood Hills subdivision of approximately 80 acres located in theSW 1/4, Section 27, Township 13 South, Range 69 West, 6th P.M., and will divertground water from the alluvium and the fractured granites underlying the subject propertywhich are tributary to Trout Creek, tributary to Horse Creek, tributary to the South PlatteRiver. Water will only be used for in-house domestic and fire fighting purposes for 55single family residences within the subdivision. No outside use of water or irrigation willbe allowed.2. Previous Decrees for Water Rights to be Used for Augmentation: ApplicantRosewood Hills Property and Homeowners Association, Inc., has contracted with

Applicant North Fork Associates for the purchase of 53.1 shares of the capital stock ofthe Mountain Mutual Reservoir Company. The holder of the shares is entitled to receive1.667 acre feet of augmentation (replacement) water per year from the water rights andstorage facilities which Mountain Mutual Reservoir Company holds for the benefit of its


shareholders. North Fork Associates, Mountain Mutual Reservoir Company own waterrights which will be used to meet the annual augmentation requirements for the out-of-priority depletions for the structures to be augmented by this plan of augmentation.

A. Guiraud 3T Ditch: The headgate is located on the right bank of theMiddle Fork of the South Platte River in the NE 1/4, Section 8, Township 11 South,Range 76 West, 6th P.M., Park County, Colorado, at a point whence the northeast cornerof the NE 1/4 of said section bears north 63 35' east, 1,305 feet. North ForkAssociates/Mountain Mutual Reservoir Company own 2.868 cfs of the water rightsdecreed to the Guiraud 3T Ditch as follows:

Adjudication Date Appropriation Date AmountOctober 18, 1889 July 1, 1867 20 cfsOriginal adjudication July 1, 1867Water District 23

Originally decreed for irrigation, this water right has been subject to various changeproceedings. Applicant North Fork Associates has water available in the amount ofapproximately 0.068 cfs that has not heretofore been committed to any augmentation planfrom the following water rights:

B. Spinney Mountain Reservoir: Located on the South Platte River, with theleft abutment of the dam at a point whence the southwest corner of Section 36, Township12 South, Range 74 West, 6th P.M., Park County, Colorado, bears south 23 26' west adistance of 8,314.3 feet. North Fork Associates/Mountain Mutual Reservoir Companyhave a deeded right from the City of Aurora for a firm annual delivery of 80 acre feetfrom the water decreed to the Spinney Mountain Reservoir including but not limited tothe following:

Appropriation Decree Amount Date Acre Feet1973; Case No. W-7395 March 26, 1973 86,000The waters are decreed for domestic, irrigation, municipal and all other beneficial

uses. The supply of water which is lawfully available to North Fork Associates includesan undivided interest in the right of first use of a firm yield of 80 acre feet of water perannum from any of the water rights owned by Aurora and decreed for storage in SpinneyMountain Reservoir.

C. Lower Sacramento Creek Reservoir No. 1: The Lower Sacramento CreekReservoir Company, a Colorado corporation, owns and operates the Lower SacramentoCreek Reservoir No. 1. The Reservoir is located in the NE 1/4 NW 1/4, Section 32, andthe SE 1/4 SW 1/4, Section 29, Township 9 South, Range 77 West, 6th P.M. ParkCounty, Colorado. North Fork Associates and Mountain Mutual Reservoir Companyown 932 shares of a total of 3,700 shares in the Company (a 25.2% interest). TheReservoir has been constructed and is entitled to store water under the following decree:

Appropriation Amount Decree Date Acre Feet)1974; Case No. W-7741-74 July 25, 1974 37(Absolute)Case No. 84CW250 Use of Res. as Recharge FacilityCase No. 85CW465 Use of Res. as Recharge Facility

The water may be used for domestic, municipal, commercial, industrial,irrigation, fish and wildlife propagation, recreational and all other beneficial purposes,


including exchange to compensate for depletions in the South Platte River and itstributaries.3. Statement of Plan for Augmentation Covering All Applicable Matters underC.R.S. §37-92-103(9), 302(1)(2), and 508(8) 15 C.R.S. (1991 Supp.):

A. Background: The Rosewood Hills Property and Homeowners Associationis an incorporated homeowner's association for a subdivision consisting of approximately80 acres originally plated before 1972 into 61 single family home sites. Of those originalplatted lots, one lot has been dedicated by the Applicants for the storage of water andcannot be built upon and five lot lines have been vacated, leaving a total of 55 lots forpresent and future development. Currently, 42 lots have single family homes located onthem.

In 1973, a water plan was approved in Water Division 1, Case No. W-7279,adjudicating the Rosewood Hills Collection Gallery and Pipeline (State Engineer WellPermit No. 18673-F) which well served the subdivision through a central water system.The Rosewood Hills Collection Gallery and Pipeline claimed an April 24, 1972 date ofappropriation for 0.20 cfs conditional for domestic, municipal and irrigation ofapproximately 80 acres of lawns and gardens within the Rosewood Hills Subdivision.Subsequent diligence actions (W-7279-77, 82CW142 and 86CW121) made 0.12 cfs (54gpm) absolute.

In 1997 the gallery became unreliable in water quantity so a small pond wasconstructed over the gallery in an attempt to assure a continuous water supply. That pondis adjudicated and augmented herein as the Rosewood Pond. However, the quantity andquality of the subdivision's drinking water continued to deteriorate. To solve the waterquality and quantity issues, Rosewood decided to drill additional wells within thesubdivision as primary sources of water. It was then that they discovered that theiradjudicated water rights were very junior and not adequate for a dependable legal supplyand, therefore, acquired senior water rights on the South Platte River drainage throughApplicant North Fork Associates.

On November 19, 1998 the Office of the State Engineer approved a substitutewater supply plan for the subdivision utilizing the North Fork Associates water rightsreferenced in this Application and issued Well Permit No. 51130-F intended as areplacement well for Well Permit No. 18673-F, originally issued for the Rosewood HillsCollection Gallery and Pipeline. The new water supply well was drilled a short distancefrom the original point of diversion, which well had been drilled under a monitoring hole,Permit No. MH-34822, on November 6, 1998.

B. Replacement Water Quantity Required: Water is pumped from RosewoodHills Collection Gallery and Pipeline to a treatment and storage tank area, and pipelinesthen run to all home owners where it is metered into the houses. All waste water istreated by individual septic-soil absorption systems. Any leakage throughout the systemreturns to the river system as return flow because the pipelines are deep enough topreclude any water percolating to the surface or being lost through phreatophytic use. Allreturn flows will be to Trout Creek in the same location as depletions will occur frompumping. The replacement demands are as follows:

(1) In-House Domestic Use: In-house domestic use has beencalculated on the basis of long term water use records for the subdivision in the amountof 0.249 acre feet of diversions per home per year. This compares favorably to the


average uses in other mountain subdivisions in the area, including the Westwood Lakessubdivision which is adjacent to the Rosewood Hills subdivision. To allow for annualvariables, the average use has been increased for the purposes of this augmentation planto 0.261 acre foot of diversions per house per year. The generally accepted consumptiveuse rate for in-house domestic use with individual septic-soil absorption systems is tenpercent. The consumptive use, therefore, for each single family residence within thesubdivision would be 0.0261 per year. Total diversions for in-house domestic use willtherefore be assumed to be 14.36 acre feet per year with 1.436 acre feet of it consumed.

(2) In addition to the depletions caused from pumping for in-housedomestic use, the Rosewood Pond evaporation will be augmented. The maximumsurface area of the pond is 0.20 acres and is constructed entirely in an area formerlycovered with willows. Considering the credit for preexisting phreatophytic losses, theannual evaporation rate from the pond is 0.54 acre feet per acre or a total of 0.108 of anacre foot for the Rosewood Pond.

C. Source of Augmentation Water: The required volume of augmentationwater will be provided by the Mountain Mutual Reservoir Company from one or more ofthe sources described in Paragraph No. 3. Mountain Mutual Reservoir Company is anon-profit corporation which has been created for the following principal purposes:

(1) to receive and hold title to direct flow and storage water rights,reservoirs and interests therein, lands, easements, rights-of-way, and other relatedfacilities in trust for its stockholders, and

(2) to administer, for its stockholders, water rights and operatefacilities in accordance with individual plans for augmentation approved by the WaterCourt of Water Division No. 1, such as the plan herein proposed.

D. Operation of Augmentation Plan: The total requirements, includingstream losses, for the in-house domestic use of 55 homes and pond evaporation fromRosewood Pond is 1.667 acre feet. The following table summarizes the required waterrights needed for replacement purposes under this plan:

Replace Summer Winter Quantity Require Replace Replace

Use Water Requirements Units Ac-Ft/Yr CU Rate Ac-Ft Ac-Ft Ac-FtIn-house 233 gal/house/day 55 14.36 10% 1.436 0.598 0.838Pond evap. 0.54 Ft/Ac 0.20 0.108 100% 0.108 0.056 0.052 Total 14.468 1.544 0.654 0.890

(1) to move water from its source to the point of replacement for the losseswill require compensating the river system for the transportation charges between thesources and the point of exchange. Based on 0.13% per mile the stream losses from thewater sources are as follows: 5.3% from Spinney Mountain Reservoir, 7.8% fromGuiraud 3T Ditch and 9.1% from Lower Sacramento Creek Reservoir to the confluenceof Horse Creek and South Platte River at Deckers, Colorado. The irrigation seasonreplacement source is the Guiraud 3T Ditch and the balance of the year will be from the


Spinney Mountain Reservoir and Lower Sacramento Creek Reservoir (LSCR). Thefollowing table shows the distribution of the required water sources and thecorresponding transportation charges. Source Guiraud 3T Spinney Mt. Res. LSCR TotalRequired Amt. (AF) 0.654 0.233 0.657 1.544Trans. Chg. (%) 7.8 5.3 9.1Trans. Chg. (AF) 0.051 0.012 0.060 0.123Total Rqmt. (AF) 0.705 0.245 0.717 1.667

(2) in order to assure that sufficient augmentation water will beavailable for Applicant Rosewood Hills Homeowners and Property Owners Association,North Fork Associates has agreed to assign to Mountain Mutual Reservoir Company forthe benefit of this Applicant, and for use in this augmentation plan, 0.032 cfs of theGuiraud 3T Ditch priority to be left in the stream for replacement from May throughSeptember which yields 0.705 acre foot of replacement water during those summermonths. In addition, North Fork Associates has agreed to assign to Mountain MutualReservoir Company 0.036 cfs of the Guiraud 3T Ditch for exchange into LowerSacramento Creek Reservoir to deliver 0.717 of an acre foot to the river for augmentationpurposes and, in addition, North Fork Associates has committed to reserve 0.245 acre feetfrom Spinney Mountain Reservoir for release as needed during the balance of the year tobalance depletions as to amount and time.

(3) in order to provide augmentation water from the Guiraud 3T Ditchfor use in this plan, North Fork Associates and Mountain Mutual Reservoir Companyhave caused 0.667 of an acre of the grounds historically irrigated by the Guiraud 3TDitch to be removed from irrigation for each acre foot of consumptive use water underthe ditch. Sufficient acreage has already previously been monumented in the field and setaside for the benefit of such plans for augmentation as these and administered byMountain Mutual Reservoir Company. The approval and monumentation of the dried uplands are on the basis of criteria which have been approved and accepted by the WaterCourt in many prior plans for augmentation and which have been adopted by the StateEngineer.

(4) depletions to Trout Creek, Horse Creek and the South Platte Riverdrainage basin which are attributable to water use at the proposed development will beaugmented during the period May through September, inclusive, by leaving the abovereferenced Guiraud 3T Ditch water rights in the stream. During times when the Guiraud3T Ditch is not in priority and during the months of October through April, inclusive,depletions will be augmented by releasing water from Spinney Mountain Reservoir,and/or Lower Sacramento Creek Reservoir No. 1. Transit losses from the point water isreleased to the stream system will be calculated to the confluence of Horse Creek and themain stem of the South Platte River. Prior to requesting any release of water fromSpinney Mountain Reservoir, Mountain Mutual Reservoir Company will provideadequate notice to the City of Aurora, the owner of the structure.

(5) to provide the necessary augmentation water for this augmentationplan, Mountain Mutual Reservoir Company will attempt to fill Lower Sacramento CreekReservoir No. 1 under the reservoirs' own priorities. If the structures cannot be so filled,Mountain Mutual Reservoir Company may elect to exchange water from SpinneyMountain Reservoir to storage in Lower Sacramento Creek Reservoir No. 1. These


exchanges have been decreed in prior plans for augmentation. The exchange fromSpinney Mountain Reservoir to Lower Sacramento Creek Reservoir No. 1 is limited tothose times when all vested water rights with priority dates senior to February 29, 1980,which divert water from Sacramento Creek and/or the Middle Fork of the South PlatteRiver between the point of diversion for Lower Sacramento Creek Reservoir No. 1 andSpinney Mountain Reservoir are either in priority and fully satisfied or are out-of-prioritybecause of a downstream call initiated by a more senior water right which can be at leastpartially satisfied by the release of Spinney Mountain water. The rate of exchange intoLower Sacramento Creek Reservoir No. 1 is limited to 2 cfs. Evaporation losses incurredby Lower Sacramento Creek Reservoir No. 1 will be made by exchange of SpinneyMountain Reservoir water to storage. Mountain Mutual Reservoir Company will store aportion of the Guirard 3T Ditch water in the Lower Sacramento Creek Reservoir No. 1pursuant to the exchange decreed in Case No. 96CW287.

(6) depletions from the proposed subdivision will be calculated on amonthly basis, using the consumptive use figures described herein applied to monthlydiversions. Mountain Mutual Reservoir Company will include such depletions in themonthly reports which are presently being made to the state water officials for other plansfor augmentation which utilize Mountain Mutual Reservoir Company augmentationwater supplies. On the basis of the submitted reports, not only for this plan but otherplans administered by Mountain Mutual, and in accordance with the directives of theDivision Engineer, Mountain Mutual will make the required release of augmentationwater by properly documenting the in-stream delivery of replacement water from theGuiraud 3T Ditch or the release of storage water from Spinney Mountain Reservoir andthe Lower Sacramento Creek Reservoir No. 1.

E. Change of Use: Applicant seeks changes in the decree of the Guiraud 3TDitch so that 0.032 cfs of said decree can be assigned as an instream augmentation creditand 0.036 cfs to storage in order to offset depletions associated with this plan.4. Appropriative Right of Exchange: Since the point of depletion associated withthe out-of-priority diversions from the Rosewood Hills Collection Gallery and Pipelineand Rosewood Pond is upstream on tributaries to the South Platte River of the point ofdelivery of augmentation water to the South Platte River from the Guiraud 3T Ditch,Spinney Mountain Reservoir and the Lower Sacramento Creek No. 1 Reservoir,Applicants request an adjudication of an appropriative right of substitute supply andexchange pursuant to C.R.S. §37-80-120 and §37-92-302(1)(A). The reach of theexchange shall extend from the confluence of the South Platte River and Horse Creeklocated in the NW 1/4 NE 1/4, Section 21, Township 9 South, Range 70 West up HorseCreek to the confluence with Trout Creek in Section 36, Township 9 South, Range 70West, then up Trout Creek to the point of depletion at the Augmented Structures in theNW 1/4, Section 27, Township 12 South, Range 69 West, 6th P.M. The exchange will beadministered with a priority date of September 23, 1998 which is the date of the originalcontract with Mountain Mutual Reservoir Company and the Applicant. The exchangeshall be at a maximum flow rate of 0.01 cfs up to 1.544 acre feet per year. The exchangemay be administered as an instantaneous exchange with no actual storage of water forrelease at the Rosewood Pond or, at the direction of the State Engineer, to prevent injuryto any downstream water rights on Trout Creek and Horse Creek, exchanged storagewater from Rosewood Pond may be released to Trout Creek.


5. Names and Addresses of Owners of Lands on Which Structures are Located:A. Rosewood Hills Collection Gallery and Pipeline is located on land owned

by Applicant Rosewood Hills Homeowners and Property Owners Association.B. Rosewood Pond is the same as set forth in paragraph 9 of Claim No. 1.C. Spinney Mountain Reservoir is located on land owned by the City of

Aurora, 1470 S. Havannah St., Aurora, Colorado, 80012.D. Lower Sacramento Creek Reservoir No. 1 is located on land owned by

Lower Sacramento Creek Reservoir Company, 2525 S. Wadsworth Blvd., Ste. 306,Lakewood, Colorado, 80227

WHEREFORE, Applicants request the entry of a decree approving thisApplication for Surface Water Storage Right, Plan for Augmentation and Change ofWater Rights Including Exchanges specifically determining that the source and locationof delivery of augmentation water are sufficient to eliminate material injury to vestedwater rights and decreed conditional water rights. Applicants also request adetermination that water usage at the Rosewood Hills subdivision can continue withoutcurtailment so long as out-of-priority stream depletions are replaced as proposed herein.Rosewood Hills further requests the entry of an order directing the State Engineer to issuepermits for the continued use of the well augmented by this plan as may be repaired.

2000CW020 LYNN P. MILLER, II, 6590 SE Cherry Creek Rd., Franktown, CO 80116. PAUL R.MILLER, 6738 Russellville Road, Franktown, CO 80116. (David W. Robbins, Jennifer H. Hunt, HILL &ROBBINS, 1441 - 18th St., #100, Denver, CO 80202). APPLICATION FOR ADJUDICATION OFEXEMPT WELLS AND FOR RIGHTS TO NONTRIBUTARY GROUND WATER FROM THE LOWERDAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AQUIFERS, IN DOUGLASCOUNTY. I. APPLICATION FOR ADJUDICATION OF EXEMPT WELLS

1. Well permits: Well Permit Nos. 70592, 70593 and 175274.

2. Legal description of land: Applicant Lynn P. Miller, II owns approximately40 acres in the NW ¼ of the SE ¼ and the North 30 feet of the SW ¼ of Section 17,Township 9 South, Range 65 West of the 6th P.M., Douglas County, Colorado, exceptthat portion thereof lying within S. East Cherry Creek Road, Douglas County, Colorado.Applicant Paul R. Miller owns approximately 170.53 acres in Sections 17, 18, and 20,Township 9 South, Range 65 West of the 6th P.M., Douglas County, Colorado, as moreparticularly described on Exhibit A. Applicant Lynn Miller’s land is separated fromApplicant Paul Miller’s land by South Cherry Creek Road. See map attached as ExhibitB.

3. Location of wells, source, depth, and pumping rate:

(A) Applicant Lynn P. Miller’s exempt well (Permit No. 17524) is locatedapproximately 2000 feet from the south section line and 2000 feet from the east sectionline of Section 17. Applicant Paul R. Miller’s exempt well (Permit No. 70592) is locatedapproximately 1000 feet from the South section line and 200 feet from the West sectionline of Section 17, and his exempt well (Permit No. 70593) is located approximately 609feet from the South section line and 200 feet from the West section line of Section 17.


(B) The source for Applicants’ exempt wells is the Upper Dawson Aquiferunderlying Applicants’ property.

(C) The estimated depth to the base of the Upper Dawson aquifer at the location

of Applicants’ property is 570 feet. (D) The pumping rate for the existing exempt wells is 15 GPM.

4. Amount Claimed: Applicant Lynn P. Miller claims 5.1 af/yr under Well

Permit No. 175274. Applicant Paul R. Miller claims 3 af/yr each under Well Permit Nos.70592 and 70593.

5. Proposed Use: Applicants intend to use the ground water claimed hereinpursuant to C.R.S. § 37-92-602, and pursuant to the above-described well permits, for fireprotection, ordinary household purposes inside one single family dwelling, the irrigationof not more than one acre of home gardens and lawns, and the watering of domesticanimals. APPLICATION FOR RIGHTS TO NONTRIBUTARY GROUND WATER

6. Name, Address, and Telephone Number of Applicant: See paragraph 1,above.

7. Well permits: Well permits will be applied for when Applicants desire to

construct the wells.

8. Legal description of overlying land: See paragraph 3, above.

9. Location of wells, source, and depth:

(A) The wells that will withdraw ground water from each nontributary aquiferunderlying the land described in paragraph 3 above will be located on Applicants’property. Applicants request the right to construct such wells anywhere on the overlyingproperty to recover the entire allowable annual amounts from each aquifer as claimedherein.

(B) The source of Applicants’ nontributary water, as defined by § 37-90-

103(10.5), C.R.S., is the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hillsaquifers underlying Applicants’ property.

(C) Applicants reserve the right to construct wells to the base of each aquifer at

the location of Applicants’ property. (D) Applicants request a pumping rate as necessary to efficiently withdraw the

entire amount of nontributary groundwater legally available to the Applicants.


10. Amount Claimed: All ground water in the Lower Dawson, Denver,Arapahoe, and Laramie Fox-Hills Aquifers underlying the land described in paragraph 3above. The average annual amount of such ground water is estimated to beapproximately:

Applicant Lynn P. Miller’s Property: Lower Dawson 16 af/yr Denver 20 Arapahoe 25 Laramie-Fox Hills 15

Applicant Paul R. Miller’s Property: Lower Dawson 60 af/yr Denver 80 Arapahoe 85 Laramie-Fox Hills 55 The above estimated annual amounts may be increased or decreased based on

site-specific geophysical information obtained from test holes or wells.

11. Proposed Use: Applicant intends to use the water claimed herein for allbeneficial purposes, including domestic, livestock, commercial, irrigation, augmentation,fire protection, fish and wildlife, recreation, and industrial. Such water may be used, re-used, successively used, leased, sold or otherwise disposed of in the foregoing beneficialuses, subject to the statutory requirement of relinquishment set forth in C.R.S. § 37-90-137(9)(b). Such water may be withdrawn for immediate use, for storage for subsequentuse, for exchange, augmentation, or replacement of depletion. Such use and means of usemay occur either on the overlying land or at other locations.

12. Remarks:The Applicants seek a quantification of the amounts ofnontributary ground water available in each aquifer underlying their respective land.Each Applicant seeks the right to withdraw and use all groundwater underlying theirrespective land from wells constructed on their land. Applicants also seek a finding thattheir respective parcels, although not contiguous, are located as described in Rule 11.B.of the Statewide Nontributary Ground Water Rules so that ground water underlying allparcels may, at their option and subject to mutual agreement, be withdrawn from a wellor wells located on one of the parcels.

2000CW021 GARY K. JACKSON, 9110 Raleigh , Westminster, CO 80031.Application for Underground Water Right, IN BOULDER COUNTY. Alta Vista Wellis located in the SW1/4NW1/4, S11, T1S, R73W, 6th P.M., 1960' from N line and 490'from W line. Source: Developed spring. Appropriation: 1906 Amount claimed: 15gpm Use: Domestic and irrigation of less than one acre in a single family dwelling. (2pages)

2000CW022 PARK FOREST WATER DISTRICT. Henry D. Worley, MacDOUGALL,WOLDRIDGE & WORLEY, P.C., 102 N. Cascade, Suite 400, Colorado Springs, CO


80903. Application for UNDERGROUND Water Rights and for Approval of Plan forAugmentation, IN EL PASO COUNTY.

I. APPLICATION FOR UNDERGROUND WATER RIGHTS

1. Name, address, telephone number of applicant: Park Forest Water District /7340 McFarren Road / Colorado Springs, CO 80908 / Telephone: 719-495-41632. Names of wells and permit, registration, or denial numbers: Park Forest DistrictWell No. 5, permit no. 048901-F. Other wells within the District, which may not beaffected by this application, include Well No. 1, permit no. 2064-RF, Well No. 2, permitno. 021191-F, Well No. 3, permit no. 015606-F, and Well No. 4, permit no. 21941-F.3. Legal description of wells, source, depth and amount:

Park Forest District Well No. 5: NW1/4 NW1/4 Section 20, T.12 S., R. 65 W.,6th P.M., 200 feet from the north section line and 200 feet from the west section line;nontributary Arapahoe aquifer, 2200 feet, 400 gpm and 329 acre feet in combination withWell No. 4.

Additional wells will be completed as necessary to withdraw Applicant’s fullentitlement, to the bottom of each aquifer underlying the land within the District’sboundaries, approximately as follows: Dawson - approx. 700 feet; Denver - approx. 1700feet; Arapahoe - approx. 2200 feet; Laramie Fox Hills - approx. 2800 feet.

4. A. Date of appropriation: Not applicable. B. How appropriation wasinitiated: Not applicable. C. Date water applied to beneficial use: Not applicable.5. Annual amounts claimed: Not nontributary Dawson aquifer - 280 acre feet; notnontributary Denver aquifer - 341 acre feet; nontributary Arapahoe aquifer - 114 acrefeet (takes into account water previously adjudicated in W-4615); nontributary Laramie-Fox Hills aquifer - 228 acre feet. The water court will be asked to retain jurisdiction overthe decree to enter a final determination of the amount of water available forappropriation from each aquifer based on well logs for such wells, without the necessityof re-publishing the amount to be awarded.

6. Proposed use: All municipal uses, pond evaporation, and for augmentation andexchange for all beneficial uses, including by storage and subsequent releases to thestream.

7. Name and address of owners of land on which wells will be located:Additional wells will be located on land owned by or which can be acquired by Applicant,which has the power of eminent domain.

8. Remarks: A. Applicant has obtained consents from the owners of 744 acresof the 800 acres of land within the District’s boundaries for the District’s withdrawal of thewater underlying that land. On November 3, 1999, Applicant adopted a resolutionpursuant to C.R.S. 37-90-137(8) by which it obtained the implied consent of alllandowners within the District whose consent had not previously been given, to withdrawthe water underlying those landowners’ land. A copy of said resolution and map isattached hereto. Pursuant to the written or implied consent of all landowners within theDistrict, Applicant claims the right to adjudicate and withdraw ground water from theDawson, Denver, Arapahoe and Laramie-Fox Hills aquifers within the District.


B. Applicant obtained well permit no. 048901-F for Park Forest Well No. 5 inthe Arapahoe aquifer, dated September 30, 1997, and has since completed that well andapplied the water to beneficial use. The water withdrawn by that well has not beendecreed. Applicant previously obtained a decree in Case No. W-4615 which adjudicated240 acre feet per year from the Arapahoe aquifer. Applicant does not seek to set asidethat decree, but does seek a decree for all Arapahoe aquifer water within the District’sboundaries which was not included in Case No. W-4615, including the water allocated topermit no. 48901-F.

C. All wells constructed into the same aquifer shall constitute a well field,except for existing Well No. 1, permit no. 2064-RF, Well No. 2, permit no. 021191-F,and Well No. 3, permit no. 015606-F, which will not be part of a well field because theyare dual completed into the Dawson and Denver aquifers. In all other regards, Applicantwill comply with all provisions of the Statewide Nontributary Ground Water Rules.

II APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION.

1. Name, address, telephone number of applicant: Park Forest Water District /7340 McFarren Road / Colorado Springs, CO 80908 / Telephone: 719-495-4163

2. Name of structures to be augmented: All wells to be constructed by Applicantinto the not nontributary aquifers underlying the Applicant’s included area. In addition,Applicant seeks the ability to augment pond evaporation and other beneficial uses, andstream depletions caused by pumping not nontributary Dawson and Denver aquiferground water.

Initially, Applicant will augment evaporation from five ponds within the District,containing a total of 1.7 acres of surface area. These ponds are all located in Section20, T.12 S., R. 65 W., 6th P.M., as follows: Pond No. 1: Area - 0.1 acres; Location - rightabutment located 3310 feet S 29 East of NW corner Section 20.; Pond No. 2: Area - 0.5acres; Location - right abutment located 3840 feet S 34 E of NW corner Section 20;Pond No. 3: Area - 0.3 acres; Location - right abutment located 5110 feet S 55 East ofNW corner Section 20; Pond No. 4: Area - 0.5 acres; Location - right abutment located6080 feet S 58 E of NW corner Section 20; Pond No. 5: Area - 0.3 acres; Location -right abutment is located 6790 feet S 58 E of NW corner Section 20. Applicant requeststhat the decree allow Applicant to withdraw these ponds from the plan for augmentationupon six month’s notice to the then owner or owners of said ponds.

3. Previous decrees for water rights to be used for augmentation: None. Thewater rights to be used for augmentation during pumping will be septic system andlandscape irrigation return flows from water rights decreed herein, and water from thenontributary Laramie-Fox Hills aquifer water rights decreed herein.

4. Historic use: Not applicable.

5. Statement of plan for augmentation: Dawson aquifer stream depletions shallbe computed based on actual pumping and the stream depletions factors contained onTable I attached hereto, which were computed using the State’s “DA02" ground waterflow model. Four percent of water pumped from other not nontributary sources will bereplaced during pumping. After cessation of pumping, injurious depletions will bereplaced using Applicant’s nontributary Laramie-Fox Hills aquifer water. All stream


depletions shall be replaced, including depletions which will occur in Water Division 1, toCottonwood Creek, a tributary of Monument Creek. The nontributary Laramie-Fox Hillsaquifer rights decreed herein will be reserved to provide for replacement of injuriouspost-pumping depletions, unless any other source is approved by the Water Court, afterpublication describing the new source of augmentation water. Well pumping from thenot nontributary aquifers shall be limited to a total of 228 acre feet annually.

Applicant will use septic system and landscape irrigation return flows to replacestream depletions caused by pumping water from the not nontributary aquifersunderlying the District’s included area. In addition, Applicant proposes to use suchreturn flows, in excess of what are needed to augment stream depletions caused bypond evaporation, to augment out-of-priority diversions caused by pond evaporation andother beneficial uses in the Cottonwood Creek drainage. Net pond evaporation isdetermined to be 32 inches per year. Applicant claims as return flows 90% of the waterused for indoor uses for residential and commercial structures (there are two churcheswithin the District) which use septic and leach field waste water disposal. Based on theassumption that currently the total uses for the months of December - February are forindoor uses, indoor uses average 4.3 acre feet monthly, with return flows averaging 3.87acre feet monthly (46.4 acre feet annually). Applicant claims the ability to seek anamendment to this portion of the plan for augmentation if it ever uses a centralwastewater treatment system with direct discharges to the stream. Landscape irrigationrepresents the remainder of the District’s water use (with the exception of no more than0.25 acre feet annually for livestock usage), averaging approximately 19 acre feetannually. Return flows are equal to 15% of diversions, or 2.8 acre feet annually,accruing to the stream in approximately equal monthly amounts of 0.23 acre feet; thus,total replacement “credits” will equal 4.1 acre feet per month.

Return flows in excess of the amount needed for replacement of net streamdepletions caused by pumping not nontributary wells in the District and by replacementof stream depletions may be used directly or may be stored pending release for directuse or augmentation elsewhere. Applicant requests a decree quantifying such excessreturn flows. (4 pages)

2000CW023 CITY OF LAKEWOOD, c/o Richard J. Plastino, Director of PublicWorks, 445 South Allison Parkway, Lakewood, Colorado 80226 (Raymond L. Petros, Jr.,Esq., Petros & White, LLC, 730 17th Street, Suite 820, Denver, Colorado 80202-3518).Application for Change of Water Rights, IN JEFFERSON COUNTY. 2. Introduction:The City of Lakewood ("Lakewood") owns 10.35 shares of the Warrior Ditch Companyand 83.06 shares of the Soda Lakes Reservoir and Mineral Water Company. The waterrights represented by these shares are referred to collectively as the "Subject WaterRights." The objective of this Application is to provide Lakewood with water for use atthe Fox Hollow at Lakewood Golf Course, Bear Creek Lake Park, the Bear CreekGreenbelt, Forsberg Park, the Homestead Golf Course, and for other municipal purposes,directly or through the Denver Water Board system. To accomplish these objectives, andto the extent such uses are deemed to be a change of the Subject Water Rights, Lakewoodrequests the following: (1) a change of use, a change in place of use, and alternate pointsof diversion for its Warrior Ditch water rights, together with the right to use these waterrights by direct diversion or for storage; and (2) a change of use and a change in place ofuse for its Soda Lakes water rights. 3. Decreed name of structures for which change is


sought: A. Warrior Ditch. The Warrior Ditch, and the water rights decreed thereto, areowned by the Warrior Ditch Company, a mutual ditch company, subject to the rights ofits shareholders. The Warrior Ditch has the following points of diversion: (1) Theoriginal decreed Bear Creek headgate of the Warrior Ditch was located on the South bankof Bear Creek in the NW1/4 of Section 6, T.5S., R.69W. of the 6th P.M., in JeffersonCounty. When Bear Creek Lake was constructed, the decreed Bear Creek point ofdiversion was inundated. The point of diversion was changed by decree in Case No. W-8344-76, dated May 22, 1979, to the Bear Creek headgate of the Harriman Ditch which islocated on the South bank of Bear Creek, in the NE1/4 NE1/4 of Section 2, T.5S.,R.70W. of the 6th P.M., in Jefferson County. (2) The original decreed Turkey Creekheadgate of the Warrior Ditch was located on the East bank of Turkey Creek in the W1/2S1/2 NW1/4 of Section 5, T.5S., R.69W. of the 6th P.M., in Jefferson County. The pointof diversion was changed by decree in Case No. W_8344_76, dated May 22, 1979, to theTurkey Creek headgate of the Harriman Ditch which is located on the South bank ofTurkey Creek in the NW1/4 NW1/4 of Section 7, T.5S., R.69W. of the 6th P.M., inJefferson County. B. Soda Lakes. The Soda Lakes Reservoir and Mineral WaterCompany, a mutual reservoir company, operates Soda Lakes Reservoirs. Lakewoodowns the land underlying Soda Lakes and uses the lakes for public recreational purposesas part of Bear Creek Lake Park. Pursuant to the Soda Lakes Operating Agreementbetween the Soda Lakes Reservoir and Mineral Water Company and the City ofLakewood, dated April 19, 1995, Lakewood may store decreed non_Soda Lakes water inSoda Lakes Reservoirs. The Soda Lakes Reservoirs are located in the NW1/4, SW1/4,and SE1/4 of Section 1, T.5S., R.70W. of the 6th P.M., in Jefferson County. The point ofdiversion for the Soda Lakes is the Harriman Ditch headgate described above inparagraph 3(A)(1). 4. From previous decrees: There are several priorities associatedwith the Warrior Ditch and Soda Lakes which are the subject of this Application byvirtue of Applicant's share ownership. Detailed information for each of these priorities isset forth below: A. Warrior Ditch: The Warrior Ditch Company owns the followingpriorities originally decreed for irrigation purposes by the Arapahoe County DistrictCourt, Water District No. 9, on February 4, 1884, in Case No. 6832: Priority Amount AdjudicationAppropriation No. Source (cfs) Date Date

4 Bear Creek 12.33 02/04/1884 12/01/1861 8 Turkey Creek 2.86 02/04/1884 04/16/1862 14 Bear Creek 25.47 02/04/1884 10/31/1864 16 Bear Creek 11.49 02/04/1884 04/01/1865

B. Soda Lakes: The following priorities were originally decreed to the Soda LakesReservoir and Mineral Water Company by the District Court for the City and County ofDenver on September 24, 1935, in Case No. 91471: Priority Amount Decreed Adjudication

Appropriation No. Source (a.f.) Use Date Date 30 Bear Creek 1794 Irrigation 09/24/1935 02/11/1893 5D Bear Creek 598 Municipal 09/24/1935 02/11/1893


5. Historic use of water: A. Warrior Ditch: Lakewood owns 10.35 shares of theWarrior Ditch Company out of a total of 160 shares, or a 6.47% pro rata ownership.These shares are represented by the following certificates: 1/4 share, certificate no. 480issued February 24, 1997; 4 shares, certificate no. 479 issued 2/24/97; 5 shares, certificateno. 475 issued June 12, 1995; 3/4 share, certificate no. 460 issued July 25, 1994; 1/10share, certificate no. 455 issued February 1, 1990; and 1/4 share, certificate no. 453issued January 25, 1989. Exhibit A is a summary of diversion records related to theWarrior Ditch, and Exhibit B is a map depicting the historic lands irrigated by theWarrior Ditch. Nine of Lakewood’s Warrior Ditch shares are from the 16 shares thatwere historically used to irrigate the Theodore Johnson Farm. The pro rata historic use of2 other Warrior Ditch shares owned by the Mountain Mutual Reservoir Company andused on the Johnson farm was adjudicated recently in Case Nos. 94CW168, 95CW196,95CW281 and 96CW103, District Court for Water Division No. 1, State of Colorado. B.Soda Lakes: Lakewood owns 83.06 shares out of a total of 400 outstanding shares ofstock in the Soda Lakes Reservoir and Mineral Water Company. Lakewood’s shareownership is evidenced by the following stock certificates: 9 shares, certificate no. 277,issued February 24, 1997, and 74.06 shares, certificate no. 268, issued June 12, 1995.Exhibit C is a summary of storage records related to Soda Lakes, and Exhibit B is a mapdepicting lands historically irrigated by the Soda Lakes. All of Lakewood’s Soda Lakesshares were historically used for irrigation purposes on the Grant Ranch. The pro ratahistoric use of 45 other shares in Soda Lakes owned by the Evergreen MetropolitanDistrict and used on the Grant Ranch was adjudicated recently in Case No. 94CW150,District Court for Water Division No. 1, State of Colorado. 6. Changes sought: A.Alternate type and place of use: In addition to the uses already decreed, Lakewood seeksto use its ownership interest in the Subject Water Rights for direct municipal use andstorage for municipal use. "Municipal use" includes all municipal uses, including by wayof example, but not by way of limitation, domestic, commercial, agricultural, irrigation ofparks, lawns, athletic fields, and golf courses, recreation, aesthetics, fish and wildlifepropagation, fire protection, sewage treatment, street sprinkling, maintenance of adequatestorage reserves, replacement, augmentation and exchange, and reservoir evaporation.The purposes described herein shall include the right to use, reuse, successively use anddispose of to extinction that portion of the Subject Water Rights historically depleted.The augmentation use shall include without limitation the augmentation of the wells andpump station in Bear Creek Lake Park sought to be decreed by Lakewood in itsApplication for Absolute Water Rights and for Approval of Plan for Augmentation, filedconcurrently herewith. Without limiting the generality of the municipal uses describedabove, some of the irrigation uses are more particularly described as follows: (1) Golfcourse irrigation at the existing Fox Hollow at Lakewood Golf Course, located inSections 32 and 33, T.4S., R.69W. of the 6th P.M., in Jefferson County. The Fox Hollowat Lakewood Golf Course is located in Bear Creek Lake Park, and is currently irrigatedwith water withdrawn from Bear Creek through the Pioneer Union Ditch. (2) Golfcourse irrigation at the proposed Homestead Golf Course, to be located on the NW sideof Highway 285 in the NW1/4 of Section 4, the NE1/4 of Section 5, and the N1/2 of theSE1/4 of Section 5, T.5S., R.69W. of the 6th P.M., in Jefferson County. The HomesteadGolf Course will be located in portions of Bear Creek Lake Park and portions of theproperty formerly known as the Fehringer Ranch. Lakewood currently plans to divert


water from the Harriman Ditch at the Warrior Turnout for delivery to the HomesteadGolf Course. (3) Irrigation and other municipal uses at parks, including withoutlimitation Forsberg Park, North Park, and South Park, located in portions of Sections 23,24, 25, and 26, T.4S., R.70W., and portions of Section 30, T.4S., R.69W. of the 6th P.M.,in Jefferson County. On April 18, 1986, Lakewood and the Mount Carbon MetropolitanDistrict entered into a Subdivision Public Improvements Agreement for SpringfieldGreen which provided for the delivery of Lakewood’s water to North and South Parkthrough Mount Carbon’s facilities. (4) Irrigation of approximately 22 acres in the BearCreek Greenbelt, located along Bear Creek Lake in portions of Sections 26, 27, 32, 33,34, and 35, T.4S., R.69W. of the 6th P.M., in Jefferson County. (5) Irrigation of athleticfields and lawns at Bear Creek Lake Park, located generally in portions of Sections 31, 32and 33, T.4S., R.69W., portions of Sections 4, 5, and 6, T.5S., R.69W., and portions ofSection 1, T.5S., R.70W. of the 6th P.M., in Jefferson County. Lakewood’s use of theSubject Water Rights through the Harriman Ditch and Warrior Turnout for irrigationpurposes at the Homestead Golf Course does not constitute a change of water right.Similarly, its use of its Soda Lakes water for irrigation purposes does not constitute achange of water right. However, in the event that such uses are deemed to constitute achange of water rights, Lakewood requests that the Subject Water Rights be changed tothe extent necessary to permit such uses. To the extent not already decreed for suchpurposes, Lakewood also seeks approval to use the Subject Water Rights by utilizing theDenver Municipal Water System, either by introducing fully consumable water into theHarriman Ditch, or by receiving consumptive use augmentation credit for water placed inBear Creek. At this time Lakewood does not seek credit for or the right to reuse treatedmunicipal wastewater effluent for augmentation or exchange purposes, but reserves theright to seek the same in the future under the retained jurisdiction of the Court in this caseor by separate application. B. Alternate points of diversion for Warrior Ditch waterrights: In addition to the currently decreed point of diversion for the Warrior Ditch waterrights, Applicant seeks to divert its ownership interest in the Warrior Ditch water rights atone or a combination of the following points of diversion or storage: (1) DirectDiversions. (a) Pioneer Union Ditch. The Pioneer Union Ditch is decreed on the Northside of Bear Creek in Section 32, T.4S., R.69W. of the 6th P.M., in Jefferson County.The existing headgate of the ditch is located more particularly in the SW1/4 NE1/4 SE1/4of Section 32, T.4S., R 69W. of the 6th P.M., in Jefferson County. (b) Mount CarbonMetropolitan District Infiltration Gallery and proposed surface diversion. The InfiltrationGallery is located near Bear Creek, approximately 2,000 feet from the North Section lineand 2400 feet from the East Section line in the SW1/4 NE1/4, Section 33, T.4S., R.69W.of the 6th P.M., in Jefferson County. Mount Carbon’s proposed surface diversion wouldbe located on Bear Creek in the vicinity of the infiltration gallery. Lakewood’s use of theInfiltration Gallery is authorized by the Subdivision Public Improvements Agreementdated April 18, 1986 between, inter alia, the City of Lakewood and the Mount CarbonMetropolitan District. (c) Bear Creek Lake Pump Stations. Applicant proposes toconstruct one or more pump stations on Bear Creek Lake for purposes of making directdiversions from Bear Creek Lake. Bear Creek Lake is located in the SE1/4 of Section 31and SW1/4 of Section 32, T.4S., R.69W., and the NW1/4 of Section 5 and NE1/4 ofSection 6, T.5S., R.69W. of the 6th P.M., in Jefferson County. (d) Bear Creek Diversion.Applicant proposes to construct one or more diversion structures from Bear Creek for


purposes of irrigating portions of the Bear Creek Greenbelt, as described in paragraph6(A)(4) above. (2) Diversions Into Storage: (a) Bear Creek Lake. The location of BearCreek Lake is described in paragraph 6(B)(1)(c) above. Bear Creek Dam is locatedonstream at or below the confluence of Turkey Creek with Bear Creek, in Section 32,T.4S., R.69W., and in Section 5, T.5S., R.69W. of the 6th P.M., all within the boundariesof Lakewood in Jefferson County, more particularly described as follows: Beginning atthe NW corner of Section 32 thence South 26E58' East, 2030.8 feet to the NW end ofBear Creek Dam, then South 31E15' East, 5678.2 feet to the SE end of Bear Creek Dam.(b) Fox Hollow Golf Course Ponds. Six golf course ponds located at the Fox Hollow atLakewood Golf Course, in the NW1/4, NE1/4 and SE1/4 of Section 32, and the NW1/4and SW1/4 of Section 33, T.4S., R.69W. of the 6th P.M., in Jefferson County. (c)Homestead Golf Course Ponds. Four or more golf course ponds located at theHomestead Golf course, in the NW1/4 of Section 4, the NE1/4 of Section 5, and the N1/2SE1/4 of Section 5, T.5S., R.69W. of the 6th P.M., in Jefferson County. (d) Soda Lakes.Described above in paragraph 3(B). Lakewood has entered into an operating agreementwith the Soda Lakes Reservoir and Mineral Water Company dated April 19, 1995, thatallows Lakewood to store decreed non-Soda Lakes water in the Soda Lakes Reservoirs.7. Conditions and limitations on requested changes: To prevent injury to vested waterrights, Lakewood will replace historic return flows from the changed Subject WaterRights by a reduction in decreed flow rates and bypass of such flows and/or by a releaseof water from storage. To the extent that the Subject Water Rights are applied toirrigation at the Fox Hollow at Lakewood Golf Course, the Homestead Golf Course, BearCreek Lake Park, or the Bear Creek Greenbelt, Lakewood seeks to obtain credit towardsits historic return flow obligation for any return flows attributable to such irrigation.Historic return flow obligations for all other uses of the Subject Water Right will besatisfied only with fully consumable water or water otherwise decreed for augmentationor replacement purposes. However, Lakewood reserves the right to quantify the returnflows from other uses of the Subject Water Rights and use such return flows to offset itshistoric return flow obligation at a later date. Return flows will be replaced only to theextent required to satisfy vested water rights and decreed conditional rights with prioritiessenior to the date of filing of this Application. Stored water used for replacement ofreturn flows will be derived from the Subject Water Rights; from water stored in BearCreek Lake by Lakewood pursuant to the decree in Case No. 83CW314, District Courtfor Water Division No.1, State of Colorado; from water stored in Bear Creek Lake underthe storage right decreed to the Colorado Water Conservation Board in Case Nos.79CW306 and 84CW167 (Case W_233), District Court for Water Division No.1, State ofColorado, and made available to Lakewood pursuant to the Stipulation and Consent toDecree in Case Nos. 84CW115, 84CW167, 84CW168, 88CW94, and 88CW95, DistrictCourt for Water Division No. 1, State of Colorado, dated January 4, 1989; or from waterstored in the Soda Lakes Reservoirs by Lakewood pursuant to the Soda Lakes Reservoirs,Lakewood Storage right sought to be decreed by Lakewood in its Application forConditional Storage Right, filed concurrently herewith. 8. Name and addresses ofowners of land on which structures are located: A. Bear Creek Lake is owned by theUnited States and operated by the U.S. Army Corps of Engineers, 9307 State Hwy 121,Littleton, Colorado 80123. Lakewood has a long-term ground lease from the U.S. ArmyCorps of Engineers for Bear Creek Lake Park. B. The Pioneer Union Ditch is owned by


the City of Lakewood, 445 South Allison Parkway, Lakewood, Colorado 80226-3105. C.An easement for Soda Lakes is owned by the Soda Lakes Reservoir and Mineral WaterCompany, c/o Jerry Foster, Denver Water Department, 1600 West 12th Avenue, Denver,Colorado 80254. The land underlying Soda Lakes is owned by Lakewood. D. TheWarrior Ditch is owned by the Warrior Ditch Company, c/o Denver Water Department,1600 West 12th Avenue, Denver, Colorado 80254. E. The Harriman Ditch, from itsBear Creek diversion point to the Warrior Ditch (including the Soda Lakes intake), isowned by the City and County of Denver, c/o Denver Water Department, 1600 West 12thAvenue, Denver, Colorado 80254. F. An easement for the Mount Carbon MetropolitanDistrict Infiltration Gallery is owned by the Mount Carbon Metropolitan District, 3333Wadsworth Blvd., Suite 321, Lakewood, Colorado 80227. The property on which theeasement is located is owned by Lakewood. G. All other structures are located on landowned by Lakewood. (9 pages and 3 exhibit pages)

2000CW024 CITY OF LAKEWOOD, c/o Richard J. Plastino, Director of PublicWorks, 445 South Allison Parkway, Lakewood, Colorado 80226 (Raymond L. Petros, Jr.,Esq., Petros & White, LLC, 730 17th Street, Suite 820, Denver, Colorado 80202-3518).Application for Conditional Storage Right (Soda Lakes Reservoirs, Lakewood Storage),IN JEFFERSON COUNTY. 2. Name of reservoir: Soda Lakes Reservoirs, LakewoodStorage. 3. Legal description: A. Location: The Soda Lakes Reservoirs are located inthe NW1/4, SW1/4, and SE1/4 of Section 1, T.5S., R.70W. of the 6th P.M., in JeffersonCounty. B. Point of Diversion: The Bear Creek headgate of the Harriman Ditch, locatedon the South bank of Bear Creek, in the NE1/4 NE1/4 of Section 2, T.5S., R.70W. of the6th P.M., in Jefferson County. 4. Source: Surface water from Bear Creek, a tributary ofthe South Platte River. A. Appropriation Date: January 4, 1999. B. How appropriationinitiated: By the concurrence of an intent to make the subject appropriation and theperformance of overt acts in furtherance of that intent, including the adoption of aresolution by the Lakewood City Council confirming Lakewood’s intent to make suchappropriation. C. Date water applied to beneficial use: Not applicable. 6. Amountclaimed: A. 500 acre feet conditional, with the right to fill and refill for a total of 500acre feet per year. B. 258 c.f.s. for filling. 7. Use: Municipal, domestic, irrigation,commercial, industrial, recreation, piscatorial, storage, augmentation, and exchange; saiduses to be fully consumptive, including the right of reuse, successive use, and otherdisposition to extinction. Irrigation Use: (1) Total number of acres proposed to beirrigated: Supplemental supply for at least 350 acres. (2) Legal description of acreage tobe irrigated: The Fox Hollow at Lakewood Golf Course is located in Sections 32 and 33,T.4S., R.69W. of the 6th P.M.; the Homestead Golf Course is to be located in the NW1/4of Section 4, NE1/4 of Section 5, and N1/2 SE1/4 of Section 5, T.5S., R.69W. of the 6th

P.M.; Forsberg Park, North Park, and South Park are located in portions of Sections 23,24, 25, and 26, T.4S., R.70W., and portions of Section 30, T.4S., R.69W. of the 6th P.M.;the Bear Creek Greenbelt is located along Bear Creek in portions of Sections 26, 27, 32,33, 34, and 35, T.4S., R.69W. of the 6th P.M.; Bear Creek Lake Park is located inportions of Sections 31, 32 and 33, T.4S., R.69W., portions of Sections 4, 5, and 6, T.5S.,R.69W., and portions of Section 1, T.5S., R.70W. of the 6th P.M.; all acreage is inJefferson County. 8. Surface area of high water line: 24 acres for upper reservoir, 83acres for lower reservoir. A. Maximum height of dam in feet: 30 feet for upper


reservoir, 12 feet for lower reservoir. B. Length of dam in feet: 800 feet for upperreservoir, 1053 feet for lower reservoir. 9. Total capacity of reservoirs in acre feet:Currently estimated at 2140 acre feet. A. Combined active capacity: Currentlyestimated at 1680 acre feet. B. Combined dead storage: Currently estimated at 460 acrefeet. 10. Names and addresses of owners of land on which structure is located:Lakewood owns the land underlying Soda Lakes and uses the lakes for publicrecreational purposes as part of Bear Creek Lake Park. The Soda Lakes Reservoir andMineral Water Company, a mutual reservoir company, operates Soda Lakes Reservoirs.The Harriman Ditch (Denver Water Department Conduit No. 15) is owned by the DenverWater Department, 1600 West 12th Avenue, Denver, Colorado 80254. 11. Remarks orany other pertinent information: Pursuant to the Soda Lakes Operating Agreementbetween the Soda Lakes Reservoir and Mineral Water Company and the City ofLakewood, dated April 19, 1995, Lakewood may store decreed non_Soda Lakes water inSoda Lakes Reservoirs. (4 pages)

2000CW025 CITY OF LAKEWOOD, c/o Richard J. Plastino, Director of PublicWorks, 445 South Allison Parkway, Lakewood, Colorado 80226 (Raymond L. Petros, Jr.,Esq., Petros & White, LLC, 730 17th Street, Suite 820, Denver, Colorado 80202-3518).Application for Absolute Water Rights and for Approval of Plan for Augmentation (BearCreek Lake Park Wells and Pumping Station), IN JEFFERSON COUNTY. A.INTRODUCTION. 1. Overview: By this Application, Lakewood seeks to confirm itswater rights for two wells and a surface pump station located in Bear Creek Lake Park. Itfurther seeks to adjudicate an augmentation plan for those structures. B. ABSOLUTEWATER RIGHTS. 3. Well LR-1: a. Well Permit. Permit No. 131046 for the lateregistration of an existing well, issued June 24, 1983; Permit No. 131046-A for additionaluses of an exempt well, issued June 24, 1983; Permit No. 27513-F for the expanded useof an exempt well for non-exempt purposes, issued July 10, 1984. b. Legal description.Located in Bear Creek Lake Park in the SW1/4 SW1/4 of Section 6, T.5S., R.69W. of the6th P.M., in Jefferson County, approximately 228 feet from the South section line and1136 feet from the West section line. c. Source. Groundwater tributary to TurkeyCreek, a tributary of the South Platte River. Depth. 14 feet, horizontal well. d.Appropriation date. June, 1870 for exempt domestic, irrigation, and stockwateringpurposes; April 25, 1983 for exempt commercial purposes; November 17, 1983 for non-exempt domestic, commercial, and animal watering purposes. Pursuant to§ 37_92_602(4), 10 C.R.S. (1999), Lakewood requests that the priority dates for theexempt uses date back to the original appropriation date. How appropriations initiated:The appropriation for exempt domestic, irrigation, and stockwatering purposes wasinitiated by the drilling of the well and the application of the water to beneficial use; theappropriation for exempt commercial purposes was initiated by the filing of a well permitapplication with the State Engineer’s office; the appropriation for non-exempt domestic,commercial and animal watering purposes was initiated by the filing of a request forapproval of a temporary exchange plan with the State Engineer’s office. Date waterapplied to beneficial use. June, 1870 for exempt domestic, irrigation, and stockwaterpurposes; January 20, 1984 for exempt commercial purposes; August 1, 1984 for non-exempt domestic, commercial, and animal watering purposes. e. Amount claimed. 15g.p.m. absolute. f. Use. Permit No. 131046: exempt domestic, irrigation, andstockwatering uses; Permit No 131046-A: exempt commercial uses for office and shop;


Permit No. 27513-F: domestic, commercial, and stockwatering uses for campground andequestrian center. g. Name and address of owner of land on which well is located. BearCreek Lake Park is owned by the United States and operated by the U.S. Army Corps ofEngineers, 9307 State Hwy 121, Littleton, Colorado 80123. Lakewood has a long-termground lease from the U.S. Army Corps of Engineers for Bear Creek Lake Park. h.Remarks. Depletions from Well LR-1 were previously augmented under a TemporarySubstitute Supply Plan approved by the State Engineer’s Office. 4. Well LR-3, a. Wellpermit. Permit No. 27515-F, issued July 10, 1984. b. Legal description. Located inBear Creek Lake Park, in the NE1/4 NE1/4 of Section 1, T.5S., R.70W. of the 6th P.M., inJefferson County, approximately 522 feet from the North section line and 77 feet fromthe East section line. c. Source. Groundwater tributary to Bear Creek, a tributary of theSouth Platte River. Depth. 35 feet. d. Appropriation date. November 17, 1983. Howappropriation initiated: By the filing of a request for approval of a temporary exchangeplan with the State Engineer’s office. Date water applied to beneficial use. May 1, 1985.e. Amount claimed. 15 g.p.m. absolute. f. Use. Municipal (park and picnic area). g.Name and address of owner of land on which well is located. Bear Creek Lake is ownedby the United States and operated by the U.S. Army Corps of Engineers, 9307 State Hwy121, Littleton, Colorado 80123. Lakewood has a long-term ground lease from the U.S.Army Corps of Engineers for Bear Creek Lake Park. h. Remarks. Depletions from WellLR-3 were previously augmented under a Temporary Substitute Supply Plan approved bythe State Engineer’s Office. 5. Turkey Creek Pump Station: a. Legal description ofpoint of diversion: On the north bank of Turkey Creek, in the SE1/4 SW1/4 of Section 6,T.5S, R.69W. of the 6th P.M., in Jefferson County, approximately 280 feet north of theSouth section line and 1280 feet east of the West section line. b. Source: Surface waterfrom Turkey Creek, a tributary of Bear Creek, a tributary of the South Platte River.c. Appropriation date. May 1, 1988. How appropriation was initiated. Construction ofthe pumping station and commencement of diversions. Date water applied to beneficialuse. May 1, 1988. d. Amount. 30 g.p.m., absolute. e. Use. Irrigation, commercial, andother park purposes. Lakewood uses a pump to divert water out of Turkey Creek into a720 gallon tank; this tank is then used to fill a tanker truck which transports the water toirrigate newly planted trees and other landscaping in the park, and for other parkpurposes. Irrigation Use: (1) Total number of acres proposed to be irrigated:Approximately 2 acres in Bear Creek Lake Park. (2) Legal description of acreage to beirrigated: Bear Creek Lake Park is located generally in portions of Sections 31, 32 and33 of T.4S., R.69W., portions of Sections 4, 5, and 6, T.5S., R.69W., and portions ofSection 1, T.5S., R.70W. of the 6th P.M., in Jefferson County. f. Name and address ofowner of land on which point of diversion and place of use is located. Bear Creek Lakeis owned by the United States and operated by the U.S. Army Corps of Engineers, 9307State Hwy 121, Littleton, Colorado 80123. Lakewood has a long-term ground lease fromthe U.S. Army Corps of Engineers for Bear Creek Lake Park. C. PLAN FORAUGMENTATION. 6. Name of structures to be augmented. Well LR-1, Well LR-3,and Turkey Creek Pump Station. The legal descriptions of these structures are providedabove in Section B of this Application. No other water rights are diverted from thesestructures. 7. Previous decrees for water rights to be used for augmentation. a. SodaLakes Reservoirs. The Soda Lakes Reservoirs are located in the NW1/4, SW1/4, andSE1/4 of Section 1, T.5S., R.70W. of the 6th P.M., in Jefferson County. The source of


water is Bear Creek, a tributary of the South Platte River. Lakewood’s right to use SodaLakes for augmentation purposes is derived from the following: (1) The storage rightsoriginally decreed to the Soda Lakes Reservoirs in Case No. 91471, District Court for theCity and County of Denver, dated September 24, 1935, further described as follows:

PriorityNo.

Amount (acrefeet) Decreed Use

AppropriationDate

30 1794 Irrigation 02/11/1893

5D 598 Municipal 02/11/1893

Concurrently with this application, Lakewood has filed an Application for a Change ofWater Right to allow the use of these shares for augmentation purposes. (2) The waterrights to be decreed to Lakewood pursuant to its Application for Conditional StorageRight, filed concurrently herewith, which seeks to adjudicate the Soda Lakes Reservoirs,Lakewood Storage right. Under this conditional storage right, Lakewood intends toappropriate 500 acre feet for municipal, domestic, irrigation, commercial, industrial,recreational, piscatorial, storage, augmentation, and exchange purposes, with anappropriation date of January 4, 1999. (3) Water attributable to Lakewood’s shares inthe Warrior Ditch Company which is stored in Soda Lakes. Concurrently with thisapplication, Lakewood is filing an Application for Change of Water Rights to allow thiswater to be stored in the Soda Lakes Reservoirs and used for augmentation purposes. (4)Any other water rights which are or may be owned by Lakewood and decreed for storagein Soda Lakes and use for augmentation purposes. b. Bear Creek Lake. Bear CreekLake is located in the SE1/4 of Section 31 and SW1/4 of Section 32, T.4S., R.69W., andthe NW1/4 of Section 5 and NE1/4 of Section 6, T.5S., R.69W. of the 6th P.M., inJefferson County. The source of water is Bear Creek, a tributary of the South PlatteRiver. Lakewood’s right to use Soda Lakes for augmentation purposes is derived fromthe following: (1) The storage right adjudicated to Lakewood in Case No. 83CW314,District Court, Water Division No. 1, on April 24, 1998. This storage right consists of200 acre-feet absolute for recreational, piscatorial and wildlife purposes and 200 acre-feetconditional for all other municipal uses within Bear Creek Park including domestic andsanitary purposes, commercial, stock watering, irrigation, including watering of parks andlawns and gardens, fire protection, and augmentation and exchange, with anappropriation date of February 11, 1980. (2) Lakewood’s right to use each year for parkuses up to 250 acre feet of the Colorado Water Conservation Board’s storage rightsdecreed in Case Nos. 79CW306 and 84CW167 (Case W_233), pursuant to the Stipulationand Consent to Decrees in Case Nos. 84CW115, 84CW167, 84CW168, 88CW94, and88CW95, dated January 4, 1989. (3) Water attributable to Lakewood’s shares in theWarrior Ditch Company which is stored in Bear Creek Lake. Concurrently with thisapplication, Lakewood is filing an Application for Change of Water Rights to allow thiswater to be stored in Bear Creek Lake and used for augmentation purposes. (4) Anyother water rights which are or may be owned by Lakewood and decreed for storage inBear Creek Lake and use for augmentation purposes. c. Warrior Ditch InstreamDepletion Credits. Any depletion credits available to Lakewood which are bypassed into


Bear Creek or Turkey Creek or stored in Soda Lakes or Bear Creek Lake pursuant to thechange of Lakewood’s Warrior Ditch water rights, which is sought to be decreed inLakewood’s Application for Change of Water Rights, filed concurrently herewith. 8.Statement of plan for augmentation. Depletions from Well LR-1, Well LR-3, and theTurkey Creek Pump Station will be replaced on a one-to-one basis when their respectivewater rights are not in priority. Water released from Soda Lakes for augmentationpurposes will be released into the Denver Water Department Conduit No. 14, and theneither into Turkey Creek, or into Bear Creek at the Harriman Ditch headgate by exchangeagainst diversions into the Harriman Ditch. Water released from Bear Creek Lake foraugmentation purposes will be released directly into Bear Creek. Well LR-1 wasoriginally permitted as an exempt well pursuant to §37-92-602(1)(c), 10 C.R.S. (1999),but was later permitted for domestic and animal watering purposes. Lakewood intends toaugment all uses of this well, but reserves the right to remove the well from theaugmentation plan and resume its use as an exempt well in the event that its non-exemptuses are discontinued. 9. Names and addresses of owners of land on which structures arelocated. a. Bear Creek Lake and Bear Creek Lake Park are owned by the United Statesand operated by the U.S. Army Corps of Engineers, 9307 State Hwy 121, Littleton,Colorado 80123. Lakewood has a long-term ground lease from the U.S. Army Corps ofEngineers for Bear Creek Lake Park. b. An easement for Soda Lakes is owned by theSoda Lakes Reservoir and Mineral Water Company, c/o Jerry Foster, Denver WaterDepartment, 1600 West 12th Avenue, Denver, Colorado 80254. The land underlyingSoda Lakes is owned by Lakewood. c. The Warrior Ditch is owned by the WarriorDitch Company, c/o Denver Water Department, 1600 West 12th Avenue, Denver,Colorado 80254. d. The Harriman Ditch (Denver Water Department Conduit No. 15)and the Denver Water Department Conduit No. 14 are owned by the Denver WaterDepartment, 1600 West 12th Avenue, Denver, Colorado 80254. e. All other structuresare situated on land owned by Lakewood. (8 pages)

2000CW026 THOMAS K. RITZEL AND LANA MILLER RITZEL (Henry D. Worley#14368, 102 North Cascade, Suite 400, Colorado Springs, CO 80903). APPLICATIONFOR ABSOLUTE AND CONDITIONAL WATER RIGHTS, IN DOUGLAS COUNTY.

I. APPLICATION FOR SURFACE WATER RIGHT.A. Name, address and telephone number of Applicants: Thomas K. Ritzel

and Lana Miller Ritzel, 5702 South Kalispell Court, Aurora, CO 80015. Phone: 303-693-5377.

B. Name of structure: Running Bear Ranch Spring No. 1.C. Legal description of point of diversion: SE/14 NE1/4 Section 31, T. 9 S.,

R. 67 W., 6th P.M., Douglas County, Colorado, 300 feet from the east section line and1480 feet from the north section line of Section 31.

D. Source: unnamed normally dry tributary of West Plum Creek, tributary toPlum Creek and the South Platte River.

E.(1) Date of initiation of appropriation: May 9, 1997 (2) How appropriation wasinitiated: Application to beneficial use (3) Date water applied to beneficial use: May 9,1997

F. Amount claimed: 2.0 gpm, absolute.G. Use or proposed use: absolute for stock water and domestic; conditional

for storage for erosion control and stock water.


H. Remarks: Water from Running Bear Spring No. 1 was probably used bythe original homesteaders of this property. Some of the water from the spring is collectedin an eight foot deep spring house. In recent years, water has been conveyed from thespring house to metal stock tanks. The spring house was almost certainly used to drawwater for domestic uses for the homesteader’s house in previous years. Due to lack ofevidence regarding initiation of use, Applicants’ have chosen the date they purchasedthe property as the appropriation date.II. APPLICATION TO ADJUDICATE EXEMPT WELL PERMIT 99250.

A. Legal description: SE1/4 NE1/4 Section 31, T.9 S., R. 67 W., 6th P.M.B. Source: Dawson aquifer. Depth: 528 feet.C. Date of appropriation: June 12, 1978. How appropriation was initiated:Filing application for well permit. Date water applied to beneficial use:December 27, 1978.D. Amount claimed: 3.0 gpm, absolute; 2.0 acre feet annually in conjunctionwith well permit no. 110124.E. Uses: To be used for in-house uses, stock water, irrigation of not morethan one acre of landscape.F. Name and address of owner of land on which well is located: Same as

applicant.G. Remarks: Nonevaporative septic system and leach field is used.

III. APPLICATION TO ADJUDICATE EXEMPT WELL PERMIT 110124.A. Legal description: SE1/4 NE1/4 Section 31, T.9 S., R. 67 W., 6th P.M.,1700 feet from the north line and 600 feet from the east line of Section 31.B. Source: Dawson aquifer. Depth: 426 feet.C. Date of appropriation: March 28, 1979. How appropriation wasinitiated: By filing application for well permit. Date water applied to beneficialuse: December 27, 1978.D. Amount claimed: 2.5 gpm, absolute; 2.0 acre feet annually in conjunctionwith well permit no. 99250.E. Uses: To be used for domestic uses - in-house uses and watering lawnand small garden.F. Name and address of owner of land on which well is located: Same as

applicant.G. Remarks: nonevaporative septic system and leach field are used.

IV. APPLICATION TO APPROPRIATE UNAPPROPRIATED DENVER BASINWATER.

A. Names of wells and permit, registration, or denial numbers: None.B. Legal description of wells: Applicants are the owners of approximately298.5 acres of land located in portions of Sections 31 and 32, T. 9 S., R. 67 W.,6th P.M., as shown on Exhibit A and described on Exhibit B (the “Property”).Applicants seek the right to construct wells anywhere on the Property, though notwithin 300 feet of a property line.C. Sources: Dawson Wells - not nontributary Dawson aquifer; Denver Well -nontributary Denver aquifer; Arapahoe Well - nontributary Arapahoe aquifer;Laramie-Fox Hills Well - nontributary Laramie-Fox Hills aquifer.D. Depth: Dawson Wells: no more than 500 feet; Denver Wells: no morethan 1050 feet; Arapahoe Wells: no more than 1550 feet; Laramie Fox HillsWells: no more than 2400 feet.E. Amount claimed: Dawson aquifer: 62 acre feet annually, absolute;Denver aquifer: 104 acre feet annually, absolute; Arapahoe aquifer: 97 acre feetannually, absolute; Laramie-Fox Hills aquifer: 81 acre feet annually, absolute.


The above amounts will be changed in any decree entered herein to conform tothe State Engineer's determination of facts. The water court will be asked toretain jurisdiction over such decree to enter a final determination of the amount ofwater available for appropriation from each aquifer based on well logs for suchwells.F. Proposed uses: The proposed uses for the above wells are all beneficialuses, including for example but not by way of limitation domestic, commercial,livestock watering, central water supply, irrigation, evaporation, piscatorial,firefighting, dust suppression, and for augmentation and exchange.G. Name and address of owner of land on which wells will be located:Same as Applicant.H. Remarks: There are no liens or encumbrances on the Property. (2Pages; Exhibits 2 pages)

2000CW027 CLARENCE MARI, 16500 Highway 14, Sterling, CO 80751 (Kim Lawrence, Lind,Lawrence & Ottenhoff LLP, 1011 Eleventh Avenue, Greeley, Colorado 80631) Application forchange of Water Rights in LOGAN, WASHINGTON AND MORGAN COUNTIES. 2. DecreedName of Structures: Well µ 1-R12794, Well µ 2-P02974-F, Well µ 1259-R, Well µ 20715-F, 4.1shares of the South Platte Ditch, 180 acre-rights of the Logan-Prewitt Reservoir Company and10% of the Sandhill Ditch Recharge Area. 3. Previous Decrees: A. A decree was entered in theWater Court, Water Division µ 1, Case µ W-1559 on September 11, 1975 adjudicating Well µ 1-R12794 located in the Southeast Quarter of the Southeast Quarter Section 20, Township 6 North,Range 53 West of the 6th P.M., Logan County, Colorado at a point 500 feet north and 35 feetwest of the southeast corner of said section 20, with a date of appropriation of December 31,1936 in the amount 3.775 c.f.s. for the irrigation of 80 acres in the East 2 of the SouthwestQuarter of Section 20, Township 6 North, Range 53 West of the 6th P.M., Logan County,Colorado and adjudicating Well µ 2-P02974 located in the Northwest Quarter of the SouthwestQuarter Section 21, Township 6 North, Range 53 West of the 6th P.M., Logan County, Coloradoat a point 1330 feet south and 500 feet east of the northwest corner of said section 21, with adate of appropriation of April 10, 1961 in the amount 4.00 c.f.s. for the irrigation of 145 acres inthe Northwest Quarter, south of the ditch, and the Northwest Quarter of the Southwest Quarter ofSection 21, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado. B. Adecree was entered in the Water Court, Water Division µ 1, Case µ W-792 on October 18, 1971adjudicating Well µ 1-1259 located in the Southwest Quarter of the Southwest Quarter Section21, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado at a point 981.9feet north and 486.4 feet east of the southwest corner of said section 21, with a date ofappropriation of October 3, 1946 in the amount 2.67 c.f.s. for irrigation purposes and adjudicatingWell µ 2-11067 located in the Southeast Quarter of the Southwest Quarter Section 21, Township6 North, Range 53 West of the 6th P.M., Logan County, Colorado at a point 660 feet north and2000 feet east of the southwest corner of said section 21, with a date of appropriation of June,1961 in the amount 0.0334 c.f.s. for domestic purposes. C. A decree was entered in the WaterCourt, Water Division µ 1, Case µ W-8166 on December 11, 1982 adjudicating Well µ 20715located in the Southwest Quarter of the Southeast Quarter Section 21, Township 6 North, Range53 West of the 6th P.M., Logan County, Colorado at a point 1310 feet north and 1340 feet west ofthe southeast corner of said section 21, with a date of appropriation of May 13, 1976 in theamount 2.22 c.f.s. as an alternate point of diversion to Well µ 1259-R and for the irrigation of anadditional 35 acres in the South 2 of Section 21. D. South Platte Ditch was decreed in Case µ304, 547, 765 and 605 resulting in an appropriations of 22.5 c.f.s. with an appropriation date of5/1/1872; 7.5 c.f.s with an appropriation date of 2/15/1876; 20 c.f.s with an appropriation date of4/21/1883; 37.5 c.f.s with an appropriation date of 5/1/1890; 50 c.f.s with an appropriation date of4/1/1896; the point of diversion being in the Southwest quarter of ∋9, Township 5 North, Range 54West of the 6th P.M. Logan County, Colorado, on the south side of the South Platte River forirrigation and domestic purposes. E. Prewitt Reservoir was decreed in CA 2142, CA 16704 and


W-8103 for storage of 32,300 a.f., 5/25/1910; 24,960 a.f. 12/31/1929: 28,900 a.f., 7/10/1975, thepoint of diversion being on the east bank of the South Platte River in the Southwest Quarter ofSection 24, Township 5 North, Range 55 West, Morgan County, Colorado and the reservoir islocated in all or parts of Sections 1, 2, 10, 11, 12, 13, 14 and 15 in Township 5 North, Range 54West of the 6th P.M. and upon parts of Sections 5, 6 and 7 in Township 5 North, Range 53 Westall in Logan and Washington Counties, Colorado. F. Sandhill Ditch Recharge Area was decreedin Case µ W-7839 (74) on December 14, 1977 for 3000 acre feet with an appropriation date of3/15/74; the point of diversion being the South Platte Ditch to the Sand Hill Ditch from whencewater is recharged into the alluvium for storage, irrigation, domestic and other beneficialpurposes. 4. Historic Use: Well µ 1-R12794, Well µ 2-P02974-F, Well µ 1259-R, Well µ 20715-F, 4.1 shares of the South Platte Ditch, 180 acre-rights of the Logan-Prewitt Reservoir Companyhave been used historically to irrigate 516.8 acres in the East 2 of the Southwest Quarter ofSection 20, Northwest Quarter and the South 2 of Section 21, Township 6 North, Range 53 Westof the 6th P.M., Logan County, Colorado as shown on Figures 1 and 2 attached hereto. The 10%of the Sandhill Ditch Recharge Area is a source of augmentation for the wells. 5. ProposedChange: The recharge credits decreed to the Sandhill Recharge are more than needed for Wellµ 20716 and applicant seeks to use the credits for augmentation of all the wells named herein.Applicant proposes to make Well µ 1-R12794, Well µ 2-P02974-F, Well µ 1259-R, Well µ20715-F alternate points of diversion to each other so all can irrigate 516.8 acres in the East 2 ofthe Southwest Quarter of Section 20, Northwest Quarter and the South 2 of Section 21, Township6 North, Range 53 West of the 6th P.M., Logan County, Colorado as shown on Figures 1 and 2attached hereto. Applicant also proposes to make the wells alternate points of diversion for the4.1 shares of the South Platte Ditch,180 acre-rights of the Logan-Prewitt Reservoir Company.Applicant has analyzed the historic ditch and well diversions and historic consumptive use of thecombined water rights on the 516.8 acres irrigated. The crops grown historically were corn 34%,alfalfa 33%, beans 17% and wheat 16%. Applicant has included a 4% river transit loss and 10%ditch loss, which ditch loss will remain in the ditch. Diversion of the South Platte Ditch and Logan-Prewitt shares from the wells will change the timing of depletion to the river, but the volume ofdepletion will remain the same. Table 1 shows the consumptive use in acre feet by month and thedifferences due to the alternate points of diversion. Due to the recharge available there is excessaccretion to the river so there will be no injury from the proposed change. Applicant will not leaseor sell any recharge credits unless it can be demonstrated that all well depletions can be covered.The location of Well µ 2-11067 needs to be corrected to the Southwest Quarter of the SouthwestQuarter Section 21, Township 6 North, Range 53 West of the 6th P.M., Logan County, Coloradoat a point 500 feet north and 120 feet east of the southwest corner of said section 21.

Table 1Summary of APD Depletions - Mari Farm

(all values in acre-feet)

NetHistoric

APD Well River Recharge Prewitt ObligationDepletions Depletion Credit Releases Balance

Jan 61.42 29.44 10.73 20.92 0.33Feb 49.10 27.26 8.58 13.06 0.21


Mar 47.54 24.08 8.31 14.92 0.24Apr 41.37 32.38 7.23 1.74 0.03May 38.76 43.93 6.77 0.00 -11.94Jun 34.68 40.04 6.08 0.00 -11.34Jul 41.89 58.02 7.32 0.00 -23.45Aug 69.02 65.26 12.06 0.00 -8.30Sep 89.09 64.10 15.56 9.27 0.15Oct 97.72 48.37 17.07 31.78 0.50Nov 82.04 37.65 14.33 29.59 0.47Dec 71.39 33.34 12.47 25.18 0.40

Total 724.13 503.87 126.51 138.29 - 52.701

6. Name and Address of Owners of Structures: The wells are owned by Applicant. SouthPlatte Ditch and Sandhill Ditch Recharge Area are owned by the South Platte Ditch, c/oCharles Bartlett, Rural Route, Merino, Colorado 80741, Prewitt Reservoir is owned byLogan Irrigation District, Iliff Irrigation District and Morgan-Prewitt Reservoir Company c/oPrewitt Operating Committee, 112 North 8th Street, P.O. Box 333 Sterling Colorado80751.

2000CW028 PATRICK P. CONLEY, 11940 S. Spring valley Road, Larkspur, CO 80118.Application for Underground Water Right, IN DOUGLAS COUNTY. Conley Well No. 191458 islocated in the SW1/4SW1/4, S10, T10S. R66W, 6th P.M., 150' from the S line and 640' from theW line of said section. Source: Groundwater Depth: 845' Appropriation: 11/22/1995 Amountclaimed: 60 gpm Use: Irrigation of 10 acres of lawns and gardens, 1 house and barn and -+15head of livestock watered. (2 Pages)

96CW400 DAVID & ROSEMARIE KUMPE, 6172 S. Willowbrook Drive, Morrison, CO80465. Amended Application for Underground Water Right, IN PARK COUNTY, in theSW1/4SE1/4, S25, T9S, R75W, 6th P.M. Application is amended to correct the following: IndianMountain, Lot 90, Block 2, Filing 25. Amount claimed: 1 gpm absolute. All other items remain aspublished in the December, 1999 Resume.

97CW226 RON & GAYLE REGO, 226 Moose Circle, Franktown, CO 80116. Amendmentto Application for Underground Water Rights from Not Nontributary and Nontributary Sources, INDOUGLAS COUNTY.

1Negative number means an accretion to the river.


2. Well permits:Well permits will be applied for prior to drilling the wells.3. No specific wells are sought to withdraw ground water from the not nontributaryUpper Dawson aquifer and the nontributary Lower Dawson, Denver &Upper Arapahoaquifers underlying the land described in paragraph 9 and below at this time.All wells are to be located on the applicants land in S18, T8S, R65W, 6th P.M., DouglasCounty. No specific locations for the proposed wells are requested. Specific locationswill be provided when applications for well permits are submitted.4. Source of Water Rights:A. The not nontributary groundwater will be withdrawn from the Upper Dawson aquifer.B. The nontributary groundwater will be withdrawn from Lower Dawson, Denver & UpperArapahoe aquifers.5. Estimated amounts, Rates of Withdrawal and Well Depths:

A. Average Pumping rates and Well Depths:Rate Aquifer Depths

Upper Dawson aquifer 15 gpm 202 feetLower Dawson aquifer 15 gpm 300-400 feetDenver aquifer 15 gpm 650-1430 feetUpper Arapahoe aquifer 15 gpm 1470-1970 feet

Actual pumping rates may vary according to system design and water supply demands.

B. Estimated Average Annual Amounts AvailableThe estimated average annual amount of withdrawal available from the subject aquifersas indicated below, is based upon the Denver Basin Rules, 2 C.C.R. 402-6. Applicantestimates the following values and average annual amounts are representative of thereferenced aquifers underlying the subject property which is an area of 5 acres.

Annual AverageSand Specific Withdrawal

Aquifer Thickness Yield (%) (Acre Feet)Upper Dawson Aquifer 181 feet .20 1.0Lower Dawson Aquifer 95 feet .20 1.0Denver Aquifer 87 feet .17 1.0Upper Arapahoe Aquifer 274 feet .17 1.0

C. The average annual amount available for withdrawal from the subject aquifers willdepend upon the hydrogeology and the legal entitlement of Applicant to all groundwaterin those aquifers underlying the described property.D. The use of not nontributary water from the Upper Dawson aquifer shall be subject tojudicial approval of an augmentation plan which will be applied for at such time as thewell is proposed to be permitted.


6. Well fieldsApplicant requests that this Court determine that applicant ahs the right to withdraw all ofthe legally available ground water in the subject aquifers lying below the land describedin paragraph 2 above and any additional wells which may in the future become part of theApplicant's well fields. Applicant further requests that the pumping rates for each ofthese wells may exceed the nominal pumping rates set forth above to the extent necessaryto withdraw the full annual acre-foot allocation of water from the aquifer. However, thesubject wells will not exceed the pumping rate specified on the well permit for each well.7. Proposed Use:All water withdrawn will be reused, successively used, or otherwise disposed of for thefollowing beneficial uses: domestic. The water will be produced for immediateapplication to said uses, for storage and subsequent application to said uses, for exchangepurposes, for replacement of depletions from the use of water from other sources and forall other augmentation purposes.8. Applicant requests the right to withdraw from these wells an average amount of waterdetermined to be available in paragraph 5 plus an amount of ground water in excess ofthat annual amount; provided that the sum of the total withdrawals from any particularaquifer does not exceed the product of the number of years since the date of the issuanceof well permits or of the entry of this decree, which ever occurs first, times the decreedaverage annual amount for that aquifer.9. Description of the Land Overlying Subject Ground Water:Approximately 5 acres of land located in the NW1/4NE1/4, S18, T8S, R65W, 6th P.M.,Douglas County, Colorado. (3 pages)

99CW036 MANUELLO'S, INC., P.O. Box 255, Sterling, CO 80751. (KimLawrence, 1011 -11th Ave., Greeley, CO 80631). Amendment to Application forUnderground Water Rights and Change of Water Right, IN LOGAN COUNTY. Nameof Structures: Manuello Well No. 2-49223, Manuello Well No. 3-6 and Manuello WellNo. 7-25917-A located in S3, T8N, R52W, 6th P.M. Change of Water Right: Applicantamends the application to increase the flow rate of Manuello Well No. 3 from 15 gpm to40 gpm. All other claims in the application remain the same. (1 page)

99CW142 City of Brighton, Colorado. Attn: Mr. John Bramble, City Manager, 22 S. 4th Ave.,Brighton, CO 80601; William H. Brown, Fischer, Brown & Gunn, P.C., P.O. Box Q, Ft. Collins, CO80522. FIRST AMENDMENT TO APPLICATION FOR UNDERGROUND WATER RIGHT, INADAMS COUNTY. All portions of the application herein filed with the District Court, Water DivisionNo. 1, State of Colorado, on September 30, 1999, and published at page 10 of the September, 1999, resumeshall remain as originally published, except as specifically described below. The purpose of thisamendment is to correct the legal descriptions of Well # 21 and Well #25, and to correct the names of theowners of the property on which the wells will be located. In addition, clarification is needed as to thesecond sentence of Paragraph 2 of the application. In that sentence, applicant erroneously stated thatpermit applications had been applied for. The permit applications had not been applied for at the time theapplication was filed, but that has now been done. Paragraph 3(C) describing the location of Well No. 21is deleted in its entirety. In place thereof, the following legal description is substituted: Well No. 21:Located 3140 feet N of the South Section Line and 700 feet E of the West Section Line of SW¼ corner, inthe SW¼, NW¼, Section 6, Township 1 South, Range 66 West of the 6th P.M. Paragraph 3(G) describingthe location of Well No. 25 is deleted in its entirety. In place thereof, the following legal description issubstituted: Well No. 25 Located 3840 feet N of the South Section Line and 3640 feet E of the WestSection Line of SW¼ corner, in the SW¼, NE¼, Section 12, Township 1 South, Range 67 West of the 6th


P.M. Paragraph 9 of the application which lists the names and addresses of owners of land on which thewells will be located is deleted in its entirety and the following is substituted: (a) Brighton Industrial Park,Wells #19, 20, c/o D.W. Ringsby, P.O. Box 8287, Denver, CO 80201-8287; (b) Jack and Gwenne L.Rogers, Well #21, 925 Frontage Road, Littleton, CO 80120; (c) City of Brighton, Wells #22, 23, 24, 25, 22So. 4th Ave., Brighton, CO 80601-2030. All statements of opposition filed herein are deemed by theapplicant to apply fully to the application as amended. (2 pages)

YOU ARE HEREBY NOTIFIED THAT YOU HAVE, until the last day of April, 2000 tofile with the water Clerk in quadruplicate a verified statement of opposition setting forthfacts as to why a certain application should not be granted or why it should be grantedonly in part or on certain conditions. A copy of each statement of opposition must alsobe served upon the Applicant or the Applicant's attorney and an affidavit or certificate ofsuch service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filingfee: $45.00). MARY A. CRESPIN, Water Clerk, Water Division 1, POB "C", Greeley,CO 80632.

RULINGS ENTERED BY REFEREE LIESMAN ON 02-02-2000

96CW025 WENDY PEARSE ELBERT PAGES 08

98CW183 RONALD & TONI GATZEN CLEAR CREEK PAGES 03

98CW235 JOHN & LINDA ANDRICK MORGAN PAGES 0498CW233 JOSEPH & MAUREEN RULAND MORGAN PAGES 08

(CONSOLIDATED)----------------------------------------------------------------------------------------------------------------------RULLINGS ENTERED BY REFEREE LIESMAN ON 02-08-2000

98CW299 BRUCE & FAITH ALBRECHT ARAPAHOE PAGES 18ET AL AND CHENANGOHOMEOWNERS ASS.

99CW028 KURT AND CONIE SPIEGEL JEFFERSON PAGES 02

99CW066 F.R. EXCHANGES, INC ARAPAHOE PAGES 08

RULINGS ENTERED BY REFEREEE LIESMAN ON 02-14-2000

94CW185 FORT MORGAN RESERVOIR WELD/MORGAN PAGES 12AND IRRIGATION

99CW148 DENNIS AND NANCY DOUGLAS PAGES 13BALLARD AND DAWSONRESOURCES

----------------------------------------------------------------------------------------------------------------------RULINGS ENTERED BY REFEREE LIESMAN ON 02-28-2000

96CW1040 ENES STEINER PARK PAGES 09

96CW1130 JOHN HARDEN JEFFERSON PAGES 21

97CW265 RANGEVIEW METROPOLITAN ARAPAHOE PAGES 05DISTRICT


97CW376 CITY OF STERLING LOGAN PAGES 08

99CW131 JOHN & SUZANNE WELLES DOUGLAS PAGES 03

99CW172 LITTLETON CHRISTIAN DOUGLAS PAGES 30CHURCH

99CW173 TOMPKINS DEVELOPMENT ADAMS PAGES 16 ----------------------------------------------------------------------------------------------------------------------

RULINGS ENTERED BY REFEREE LIESMAN ON 02-28-2000

99CW197 DELBERT WOODWARD DOUGLAS PAGES 13----------------------------------------------------------------------------------------------------------------------RULINGS ENTERED BY REFEREE LIESMAN ON 02-29-2000

96CW232 COLLINS AIRE MOBILE HOME LARIMER PAGES 06 PARK

98CW210 KURTIS JOHN HORNBECKER CLEAR CREEK PAGES 02& MAUREEN SULLIVAN

99CW054 LEFT HAND WATER AND BOULDER PAGES 04SANTITATION DISTRICT

99CW117 ELISABETH PATTERSON JEFFERSON PAGES 02

99CW124 TODD CREEK FARMS LLC ADAMS PAGES 10ET AL

99CW128 ROBERT & CAROLYN MUMBY LARIMER PAGES 03

99CW130 STEVEN HOFFMAN JEFFERSON PAGES 02

DECREES ENTERED ON 02-02-2000 BY JUDGE HAYS

98CW203 MOUNTAIN BUILDERS INC CLEAR CREEK PAGES 02

98CW204 SARAH BARTA JEFFERSON PAGES 02

98CW205 RONALD BARTA CLEAR CREEK PAGES 02

98CW206 RONALD BARTA CLEAR CREEK PAGES 02

98CW207 RONALD BARTA CLEAR CREEK PAGES 02----------------------------------------------------------------------------------------------------------------------

-------------DECREES ENTERED ON 02-04-2000 BY JUDGE HAYS

98CW193 EUGENE & MICHELLE POMEROY CLEAR CREEK PAGES 02

98CW208 SARAH JEAN BARTA JEFFERSON PAGES 02


98CW211 GARY & LINDA RECKLENBURG CLEAR CREEK PAGES 02

98CW212 VANCE & ELFRED KAMLINSKI CLEAR CREEK PAGES 02

99CW085 MUSSER & MARY ANN GOHN MOORE LARIMER PAGES 02(C/R 81CW183)(APPLICATION DISMISSED)

----------------------------------------------------------------------------------------------------------------------DECREES ENTERED ON 02-08-2000 BY JUDGE HAYS

98CW020 HIGASHI NIHON HOUSE CO, LTD MORGAN PAGES 04

98CW021 HIGASHI NIHON HOUSE CO, LTD MORGAN PAGES 04

99CW008 PSM PROPERTIES, INC JEFFERSON PAGES 11----------------------------------------------------------------------------------------------------------------------CONDITIONAL DECREES ENTERED ON 02-08-2000 BY JUDGE HAYS

92CW021 GROUND WATER MANAGEMENT WELD PAGES 09SUBDISTRICT OF THE CCWCD(C/R 91CW126)

97CW057 MORGAN COUNTY QUALITY WATER MORGAN PAGES 04DISTRICT(C/R 89CW74)

98CW242 CITY OF FT COLLINS, CO LTD LARIMER PAGES 05CITY OF GREELEY, CO(C/R W-8695)

----------------------------------------------------------------------------------------------------------------------CONDITIONAL DECREE ENTERED ON 02-08-2000 BY JUDGE HAYS

98CW243 CITY OF FT COLLINS, CO AND LARIMERPAGES 06

CITY OF GREELEY, CO(C/R W-9385)

DECREES ENTERED ON 02-09-2000 BY JUDGE HAYS

98CW089 JACK MILLS CLEAR CREEK PAGES 02

98CW188 DAN BROOKS CLEAR CREEK PAGES 02----------------------------------------------------------------------------------------------------------------------DECREES ENTERED ON 02-15-2000 BY JUDGE KLEIN

98CW282 HH GROUP WELD PAGES 02

98CW313 LEFT HAND WATER DISTRICT BOULDER PAGES 16

98CW470 DANIEL & LA REESE CRIPPEN DOUGLAS PAGES 08----------------------------------------------------------------------------------------------------------------------CONDITIONAL DECREE ENTERED ON 02-15-2000 BY JUDGE KLEIN

98CW383 ROBERT & CATHERINE HOWREY DOUGLAS PAGES 07----------------------------------------------------------------------------------------------------------------------


DECREES ENTERED ON 02-22-2000 BY JUDGE KLEIN

95CW237 L.G. EVERIST INC WELD PAGES 06

99CW046 MATT ALLISON ET AL DOUGLAS PAGES 22----------------------------------------------------------------------------------------------------------------------CONDITIONAL DECREE ENTERED ON 02-24-2000 BY JUDGE KLEIN

98CW235 JOHN & LINDA ANDRICK MORGAN PAGES 0498CW233 JOSEPH & MAUREEN RULAND MORGAN PAGES 08

(CONSOLIDATED)-(C/R 90CW10)----------------------------------------------------------------------------------------------------------------------DECREES ENTERED ON 02-24-2000 BY JUDGE KLEIN

95CW115 ROSIE HALL ET AL DOUGLAS PAGES 15

96CW025 WENDY PEARSE ELBERT PAGES 08

98CW183 RONALD & TONI GATZEN CLEAR CREEK PAGES 03

----------------------------------------------------------------------------------------------------------------------CONDITIONAL DECREE ENTERED BY JUDGE HAYS ON 02-29-2000

90CW221 CITY OF ENGLEWOOD DOUGLAS/ARAPAHOE PAGES 13JEFFERSON

----------------------------------------------------------------------------------------------------------------------DECREES ENTERED BY JUDGE KLEIN ON 02-29-2000

98CW299 BRUCE & FAITH ALBRECHT ARAPAHOE PAGES 18ET AL AND CHENANGOHOMEOWNERS ASS.

99CW028 KURT AND CONIE SPIEGEL JEFFERSON PAGES 02

99CW066 F.R. EXCHANGES, INC. ARAPAHOE PAGES 08

to all persons interested in water …c:\windows\temp\resume2-2000.doc 1 to all persons interested...

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