TO ALL PERSONS INTERESTED IN WATER APPLICATIONS IN … · 2002CW220 LAVERNE J. FROMM, 10772...

October, 2002 Resume

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TO ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIVISION 1: Pursuant to CRS, 37-92-302, you are hereby notified that the following pages comprise a resume of applications and amended applications filed in the office of the Water Clerk for Water Division No. 1 during the month of October, 2002. 2002CW217 KOEHLER BROTHERS, INC. JAMES R. KOEHLER, 1001 E. “C” St., Greeley, CO 80631. WILLIAM R. KOEHLER Application for Change of Water Right, IN WELD COUNTY. Koehler Well No. 2876F Decreed: 2/21/1995 /Case No. W-246, Water Division 1. Decreed point of diversion. E1/2SE1/4, S28, T6N, R65W, at a point 1320’ W of E section line and 10’ S of E west center line, S28. Source: Groundwater Appropriation: 6/1/1961 Amount: 1.78 cfs Historic use: Irrigation o approximately 140 acres in SE1/4, S28, together with other water rights. Proposed change: Well was redrilled at a point 2630’ from S line and 1270’ from E line S28. Land irrigated by this well for the last forty-one(41) years is 66 located in E1/2, S1/4 S28, T6N, R65W, and 74 acres located in W1/2SW1/4, S27, T6N, R65W, 6th P.M. These two parcels of ground ware connect by a concrete irrigation ditch which carries the water pumped from the well located on the 66 acres in S28, under WCR 43 to the 74 acres located in S27. (2 pages) 2002CW218 DAVID L. & EDELTRAUD CARLSON, 3081 Ursula Street North, Aurora, CO 80011. Application for Underground Water Right, IN PARK COUNTY. Well No. 212274 is located in the SE1/4SE1/4, S29, T13S, R74W, 6th P.M., 650’ from S and 615’ from E section line. a/k/a Nine Mile Height, Lot 23, Filing 7. Source: Groundwater Depth: 460’ Appropriation: 8/5/1999 Amount claimed: 15 gpm (3 a/f annually) If non-irrigation described purposed fully: Fire protection, ordinary household purposes inside 3 single family dwellings, irrigation of not more than one (1) acre of home garden and lawns and the watering of domestic animals. (3 pages) 2002CW219 WILLIAM G. & FUJIE KING, 13769 N. Travois Trail, Parker, CO 80138. Application for Underground Water Rights from Not Nontributary and Nontributary Sources, IN DOUGLAS COUNTY. Well permits: Permit #93675 Well permits will be applied for prior to drilling the wells. No specific new wells are sought to withdraw ground water from the Not nontributary Dawson, Denver Aquifers and the nontributary Arapahoe, Laramie-Fox Hills Aquifers underlying the land described in paragraph 9 below at this time. All wells are located on the applicants land in S2, T6S, R66W, 6th P.M., Douglas County. No specific locations for the proposed wells are requested. Specific locations will be provided when applications for well permits are submitted. 4. Source of Water Rights: A. The not nontributary groundwater will be withdrawn form the Dawson, Denver Aquifers. B. The nontributary groundwater will be withdrawn from the Arapahoe, Laramie-Fox Hills. 5. Estimated Amounts, Rates of Withdrawal and Well Depths: A. Average Pumping rates and Well Depths: Rate Aquifer Depths Dawson Aquifer 15 gpm 468 feet Denver Aquifer 50 gpm 500-1446 feet Arapahoe Aquifer 50 gpm 1462-1992 feet Laramie-Fox Hills Aquifer 50 gpm 2295-2642 feet Actual pumping rates may vary according to system design and water supply demands. B. Estimated Average Annual Amounts Available The estimated average annual amount of withdrawal available from the subject aquifers as indicated below, is based upon the Denver Basin Rules, 2 C.C.R. 402-6. Applicant estimates the following values and average annual amounts are representative of the referenced aquifers underlying the subject property which is an area of 6.7 acres.

Annual Average

Aquifer Sand Specific Withdrawal Thickness Yield (%) (Acre Feet) Dawson Aquifer feet .20 Denver Aquifer 292 feet .17 3.33


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Arapahoe Aquifer 306 feet .17 3.48 Laramie-Fox Hills Aquifer 228 feet .15 2.30 C. The average annual amount available for withdrawal from the subject aquifers will depend upon the hydrogeology and the legal entitlement of Applicant to all groundwater in those aquifers underlying the described property. D. The use of not nontributary water from the Denver aquifer shall be subject to judicial approval of an augmentation plan which will be applied for at such time as the well is proposed to be permitted. 6. Well Fields. Applicant requests that this Court determine that Applicant has the right to withdraw all of the legally available ground water in the subject aquifers lying below the land described in paragraph 9 below, through the wells described in paragraph 2 above and any additional wells which may in the future become part of the Applicant’s well fields. Applicant requests that these wells, along with any additional wells completed into the same aquifer, shall be treated as a well field. Applicant further requests that the pumping rates for each of these wells may exceed the nominal pumping rates set forth above to the extent necessary to withdraw the full annual acre-foot allocation of water from the aquifer. However, the subject 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, leased, sold or otherwise disposed of for the following beneficial uses: municipal, domestic, industrial, commercial, augmentation, stock watering, recreational, fish and wildlife. The water will be produced for immediate application to said uses, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions from the use of water from other sources and for all other augmentation purposes. 8. Applicant requests the right to withdraw form these wells an average amount of water determined to be available in paragraph 5 plus an amount of ground water in excess of that annual amount; provided that the sum of the total withdrawals from any particular aquifer does not exceed the product of the number of years since the date of the issuance of well permits or of the entry of this decree, which ever occurs first, times the decreed average annual amount for that aquifer. 9. Description of the Land Overlying Subject Ground Water: Approximately 6.7 acres of land located in the SE1/4NE1/4 of S2, T6S, R66W, 6th P.M. Douglas County, Colorado. (3 pages) 2002CW220 LAVERNE J. FROMM, 10772 Inspiration Drive, Parker, CO 80138. Application for Underground Water Right, IN DOUGLAS COUNTY. Well #55293 is located in the NW1/4NE1/4, S8, T6S, RT65W, 6th P.M., 60’ from N and 833’ from W section line, a/k/a Black Forest Estates, Lot 66, Unit 1. Source: Dawson Aquifer Depth: 201’ Appropriation: 7/1/1972 Amount claimed: 15 gpm If well is non-tributary: Name of Aquifer: Dawson. Amount claimed in acre feet annually: 1 acre Use: Domestic. (3 pages) 2002CW221 RAYMOND L. AND ANGELA M. BERRY, 7032 Blue Creek Rd., Evergreen, CO 80439 (Lee H. Johnson, K. G. Moore, Carlson, Hammond & Paddock, L.L.C., Attorneys for Applicants, 1700 Lincoln St., Suite 3900, Denver, CO 80203-4539). Application for Underground Water Right IN JEFFERSON COUNTY. 2. Name of well: Permit No. 179276 3. Legal description of well: SE¼ of the NW¼ of Section 28, T5S, R71W, 6th P.M. 1495 feet from the North Section line, and 2440 feet from the West Section line. Street Address: 7032 Blue Creek Rd., Spruce Dale Park Excep. Subdivision Lots 8 and 7. 4.A. Source: Groundwater; B. Depth: 400 feet. 5.A. Date of Appropriation: May 31, 1994; B. How appropriation was initiated: By filing well permit application; C. Date water applied to beneficial use: November 17, 1994. 6. Amount claimed: 15 gpm Absolute. 7. Proposed uses: household uses consistent with C.R.S. § 37-92-602(3)(b)(II)(A). 8. Name and address of owners of land on which well is located: Raymond L. and Angela M. Berry, 7032 Blue Creek Rd., Evergreen, CO 80439. 9. Remarks: This is an exempt well issued pursuant to C.R.S. § 37-92-602(3)(b)(II)(A). (3 pages) 2002CW222 GARY B. & SUANNE R. TOWNSEND, 4604 Sunshine Canyon Drive, Boulder, CO 80302. Application for Underground Water Right, IN BOULDER COUNTY. Townsend Well No. 73614 is located in the SW1/.4NE1/4, S16, T1N, R71W, 6th P..M. 1680’ fron N and 2540’ from E section line. Source: Groundwater tributary to Fourmile Canyon Creek & the South Platte River System Depth: 231’ Appropriation: 3/27/1974 Amount claimed: 8.3 gpm Use: Household use only, for one single family dwelling and not to be used for irrigation. The return flow from use of this well to be returned to same stream system in which the well is located. (3 pages)


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2002CW223 STEVEN AND LORI VAN DER WEGE, 21080 Capella Drive, Monument, CO, 80132 (Henry D. Worley, MacDougall, Woldridge & Worley, P.C., Attorneys for Applicants, 530 Communication Circle, Suite 204, Colorado Springs, CO 80905) Application for Denver Basin Water Rights and Approval of Plan for Augmentation, IN EL PASO COUNTY. 1. Name, address, telephone number of applicant: Stephen Van Der Wege and Lori Van Der Wege, 21080 Capella Drive, Monument, CO 80132; phone no. 719-488-8693. 2. Names of wells and permit, registration, or denial numbers: Well permit no. 179217 (the “existing Dawson aquifer well”). It is permitted for household uses only. 3. Legal description of wells: The existing Dawson aquifer well is located in the SE1/4 NW1/4 Section 3, T. 11 S., R. 67 W., 6th P.M., in El Paso County. One well in each of the Denver, Arapahoe and Laramie-Fox Hills aquifers may be located anywhere on Applicants’ five acre property, the legal description of which is Tract 16, Colorado Estates Subdivision No. 1, El Paso County, Colorado, the street address for which is 21080 Capella Drive, Monument, CO 80132. The Property is located in the Monument Creek drainage in the SE1/4 NW1/4 Section 3, T. 11 S., R. 67 W., 6th P.M. 4. Source: Not nontributary Dawson aquifer; nontributary Denver aquifer; nontributary Arapahoe aquifer; nontributary Laramie-Fox Hills aquifer. 5.A. Date of appropriation: Not applicable. 5.B. How appropriation was initiated: Not applicable. 5.C. Date water applied to beneficial use: Not applicable. 6. Amount claimed: Dawson aquifer: 25 g.p.m., 4.8 acre feet annually, abso-lute; Denver aquifer: 75 g.p.m. per well, 3.5 acre feet annually, absolute; Arapahoe aquifer: 250 g.p.m. per well, 3.6 acre feet annually, absolute; Laramie-Fox Hills aquifer: 150 g.p.m. per well, 1.4 acre feet annually, absolute. The above amounts will be changed in any decree entered herein to conform to the State Engineer's Determination of Facts. The water court will be asked to retain jurisdiction over such decree to enter a final determination of the amount of water available for appropriation from each aquifer based on geophysical logs for such wells.7. Proposed use: All beneficial uses including augmentation and exchange. 8. Name and address of owner of land on which well is located: Same as applicant. 9. Remarks: The property is .subject to two liens. Written notice has been given by certified mail to each of the lienholders, GMAC Mortgage Corporation and Wells Fargo Bank, N.A. Copies of those letters are attached to this application as Exhibits 1 and 2. II. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION. 10. Name, address, telephone number of applicant: Stephen Van Der Wege and Lori Van Der Wege, 21080 Capella Drive, Monument, CO 80132; phone no. 719-488-8693. 11. Name of structures to be augmented: The existing Dawson aquifer well. No other water

rights are or will be diverted from this well. 12. Previous decrees for water rights to be used for augmentation: None. 13. Historic use: Not applicable.14. Statement of plan for augmentation: Applicant wishes to provide for the augmentation of stream depletions caused by pumping the existing Dawson aquifer well, which is permitted for household uses only. Water use criteria for the Property are as follows: indoor uses: 0.27 acre feet annually per single family dwelling, which is 10% consumptive; horses (or horse equivalent): 0.011 acre feet annually (10 gallons per day) per head, 100% consumptive; landscape irrigation: 0.046 acre feet annually per 1,000 square feet (2.0 acre feet per acre) per year, 85% consumptive. Consumption attributable to indoor uses is predicated on the use of nonevaporative Individual Sewage Disposal Systems (“ISDS”), which shall be required. Change to any other type of waste water disposal shall require an amendment to the plan for augmentation. Replacements during pumping. Based upon computer modeling, depletions to the South Platte and Arkansas basins combined are expected to gradually increase to a maximum of 8.22% of pumping annually in the 100th year. Pumping from the Dawson aquifer well shall be limited to pumping of 3.0 acre feet annually, which would result in annual stream depletions, in the 100th year, of 0.24 acre feet. Return flows from a single ISDS will equal 0.24 acre feet annually. Thus, even if all water uses on the Property other than household uses are fully consumptive, return flows from the ISDS alone are adequate to replace stream depletions during pumping. The only restrictions necessary to ensure that replacements equal or exceed stream depletions during pumping are (1) limitation to annual pumping of 3.0 acre feet from the existing Dawson aquifer well, and (2) use of ISDS or some other form of wastewater treatment which is no more consumptive. Replacements after pumping. Stream depletions will reach a maximum of 8.22% of


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average annual pumping at the time pumping ceases, theoretically in the 100th year, and will decline thereafter. Applicants shall replace injurious post-pumping depletions with the nontributary Denver aquifer water decreed herein, 287 acre feet of which will be reserved for that purpose. However, Applicant seeks to reserve the right to replace such depletions with any judicially acceptable source of augmentation water upon application and notice as required by law. Applicant further proposes to aggregate all depletions and replace them to the Monument Creek drainage. Any final decree entered in this case shall provide that no more than 3.0 acre feet per year may be diverted from the existing Dawson aquifer well absent an amendment to this plan for augmentation. Upon entry of a decree in this case, Applicants shall apply for a new well permit for the existing Dawson aquifer well, consistent with the terms of the plan for augmentation and applicable statutes and rules and regulations of the State Engineer. Because depletions will occur in both Water Divisions 1 and 2, this application will appear in the resumes for both water divisions. Applicants will seek to consolidate the applications in Water Division 2 after the time for filing statements of opposition have expired. (Application and attachments, 5 pages)

2002CW224 LINDA L. WHITTAKER, 3417 E. Elm Ave., Parker, CO 80134. Application for Underground Water Right, IN DOUGLAS COUNTY. Whittaker Well #87199 is located in the NE1/4NW1/4, S7, T6S, R66W, 6th P.M., 900’ from N and 1960’ from W section line, a/k/a Grandview Estates, Lot 5 and S1/2 of Lot 4, Block 4. Source: Denver Basin/Dawson Aquifer Depth: 290’ Appropriation: 11/8/1976 Amount claimed: 15 gpm (1 a/f annually) Use: Number of acres historically irrigated: 0.33 (as listed on original permit application) Area of lawns and gardens irrigated: Less than 0.33 acres. If non-irrigation, describe purpose fully: Household & Livestock. Remarks: Well permit was originally in the name of Noah Lynn Williams. Property was purchased by Linda L. and Gary L. Whittaker in 9/1979. (3 pages)

2002CW225 CITY OF FORT COLLINS, Michael D. Shimmin, Vranesh & Raisch, LLP, P.O. Box 871, Boulder, CO 80306-0871. Telephone: (303) 443-6151. Fax: (303) 443-9586Email: [email protected] . APPLICATION FOR FINDING OF DILIGENCE, IN LARIMER COUNTY.

1. Name, address, telephone number(s) of applicant: City of Fort Collins c/o Fort Collins Utilities P.O. Box 580 Fort Collins, CO 80522 Telephone: (970) 221-6681

2. Name of structures:

a. Structures to which water may be exchanged and then diverted or stored include the following: Halligan Reservoir (a/k/a North Poudre Reservoir No. 16); North Poudre Canal; Seaman Reservoir (a/k/a Milton Seaman Reservoir); North Poudre Supply Canal (a/k/a Munroe Canal); City of Fort Collins Pipeline; Poudre Valley Canal; City of Greeley Pipeline; Pleasant Valley and Lake Canal; Larimer County Canal; New Mercer Ditch; Larimer County Canal No. 2; Arthur Ditch; Larimer and Weld Canal (a/k/a Eaton Ditch); Lake Canal; Fossil Creek Reservoir Inlet Canal.

b. Structures from which water may be released for exchange include the following:

City of Fort Collins Wastewater Treatment Plant No. 1 (a/k/a Fort Collins Mulberry Water Reclamation Facility); City of Fort Collins Wastewater Treatment Plant No. 2 (a/k/a Fort Collins Drake Water Reclamation Facility); City of Fort Collins Wastewater Treatment Plant No. 3; Halligan Reservoir (a/k/a North Poudre Reservoir No. 16); North Poudre Canal; Seaman Reservoir (a/k/a Milton Seaman Reservoir); Poudre Valley Canal; City of Greeley Pipeline; Larimer County Canal; Claymore Lake; Larimer and Weld Canal; Lake Canal; Warren Lake Reservoir;


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Sherwood Lake (a/k/a Nelson Reservoir); Fossil Creek Reservoir; New Mercer Ditch; Larimer County Canal No. 2; Arthur Ditch.

3. Describe conditional water right (as to each structure) giving the following from the Referee’s

Ruling and Judgment and Decree:

a. Date of Original Decree: October 2, 1996. Case No. 92CW129. Court: Water Division 1.

b. Legal description:

i. Halligan Reservoir (a/k/a North Poudre Reservoir No. 16),

located in portions of Sec. 29, 32, 33, and 34, T11N, R71W, 6th P.M., Larimer County;

ii. North Poudre Canal, located on the North Fork of the Cache la

Poudre River at a point 1080 feet west and 170 feet north of the SE corner of Sec. 12, T10N, R71W, 6th P.M., Larimer County;

iii. Seaman Reservoir (a/k/a Milton Seaman Reservoir), located in

portions of Sec. 28 and 33, T9N, R70W, 6th P.M., Larimer County;

iv. North Poudre Supply Canal (a/k/a Munroe Canal), located on

the east bank of the Cache la Poudre River in the SW ¼, NE ¼ of Sec. 5, T8N, R70W, 6th P.M., Larimer County, at a point whence the Southeast corner of said Sec. 5 bears south 37°27'30" east 3647.5 feet;

v. City of Fort Collins Pipeline, located in the SE ¼, Sec. 32,

T9N, R70W, 6th P.M., Larimer County being more particularly described as follows:

Considering the East line of said SE ¼ as bearing N 7°49'9"

E, and with all bearings contained therein relative thereto; commencing at the SE corner of said Sec. 32: thence N 4°32'46" E, 1335.13 feet to the center of said pipeline intake.

vi. Poudre Valley Canal, located 1020 feet N and 160 feet E of the

SW corner of Sec. 10, T8N, R70W, 6th P.M., Larimer County;

vii. City of Greeley Pipeline, located 1790 feet S and 1970 feet W of the NE corner of Sec. 15, T8N, R70W, 6th P.M., Larimer County;

viii. Pleasant Valley and Lake Canal, located 1570 feet E and 1720

feet N of the SW corner of Sec. 14, T8N, R70W, 6th P.M., Larimer County;

ix. Larimer County Canal, located 610 feet N and 1540 feet E of

the SW corner of Sec. 13, T8N, R70W, 6th P.M., Larimer County;

x. New Mercer Ditch, located 70 feet N and 295 feet E of the SW

corner of Sec. 29, T8N, R69W, 6th P.M., Larimer County;


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xi. Larimer County Canal No. 2, located 70 feet N and 295 feet E

of the SW corner of Sec. 29, T8N, R69W, 6th P.M., Larimer County;

xii. Arthur Ditch, located 200 feet N and 440 feet E of the SW

corner of Sec. 34, T8N, R69W, 6th P.M., Larimer County;

xiii. Larimer and Weld Canal (a/k/a Eaton Ditch), located 460 feet N and 2150 feet E of the SW corner of Sec. 34, T8N, R69W, 6th P.M., Larimer County;

xiv. Lake Canal, located 600 feet W and 680 feet N of the SE corner

of Sec. 2, T7N, R69W, 6th P.M., Larimer County;

xv. Fossil Creek Reservoir Inlet Canal, located 85 feet W and 2600 feet N of the SE corner of Sec. 20, T7N, R68W, 6th P.M., Larimer County;

xvi. City of Fort Collins Wastewater Treatment Plant No. 1 (a/k/a

Fort Collins Mulberry Water Reclamation Facility): A facility that discharges wastewater, located in the S ½, SE ¼, Sec. 12, T7N, R69W, 6th P.M., Larimer County;

xvii. City of Fort Collins Wastewater Treatment Plant No. 2 (a/k/a

Fort Collins Drake Water Reclamation Facility): A facility that discharges wastewater, located in the E ½, SE ¼, Sec. 20, T7N, R68W, 6th P.M., Larimer County;

xviii. City of Fort Collins Wastewater Treatment Plant No. 3: A

planned facility that will discharge wastewater, located in the SW ¼, Sec. 13, T6N, R68W, 6th P.M., Larimer County;

xix. Claymore Lake, located in the SE ¼ of Sec. 31 and the SW ¼

of Sec. 32, T8N, R69W, 6th P.M., Larimer County;

xx. Warren Lake Reservoir, located in the W ½ of Sec. 31, T7N, R68W, 6th P.M., and in Sec. 36, T7N, R69W, 6th P.M., Larimer County;

xxi. Sherwood Lake (a/k/a Nelson Reservoir), located in the N ½ of

Sec. 30, T7N, R68W, 6th P.M., Larimer County;

xxii. Fossil Creek Reservoir, located in portions of Sec. 9, 10, 15, 16, and 17, T6N, R68W, 6th P.M., Larimer County.

c. Source: The source of water diverted or stored by exchange at Halligan Reservoir,

North Poudre Canal, and Seaman Reservoir is the North Fork of the Cache la Poudre River, tributary of the Cache la Poudre River. The source of water diverted or stored by exchange at all other listed structures is the Cache la Poudre River, a tributary of the South Platte River. The water rights used in this exchange are shares owned by Fort Collins in the Arthur Irrigation Company, the Larimer County Canal No. 2 Irrigating Company, the New Mercer Ditch Company, and the Warren Lake Reservoir Company, which were all changed and made available for this exchange by the decree entered in Case No. 92CW129.


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d. Appropriation Date: December 18, 1992. Amount: 350 cfs, conditional.

e. Use: Uses shall include all municipal uses, including but not limited to domestic,

irrigation, commercial, industrial, recreation, fishery, piscatorial, and wildlife, within the Fort Collins service area as it now exists or may from time to time be expanded, and for augmentation, replacement and substitution, and exchange, including contract exchanges or water trades made by mutual agreement with other water users. Water diverted by exchange will flow directly to immediate use or will be stored for later use. To the extent the replacement water supplied by Fort Collins is fully consumable, the water Fort Collins diverts by exchange shall be fully consumable.

4. Provide a detailed outline of what has been done toward completion or for completion of the

appropriation and application of water to a beneficial use as conditionally decreed, including expenditures:

a. Actual Operation of Some Exchanges: During the diligence period, Fort Collins

operated some of the exchanges using existing facilities. The exchanges operated and the flow rates exchanged are listed below in Paragraph 5, which is incorporated by reference.

b. Work on Additional Facilities: Full operation of the conditional exchanges is

directly related to the construction of certain additional facilities by Fort Collins. The City has determined that two important additional facilities are the Pleasant Valley Pipeline and the Halligan Reservoir Enlargement. Fort Collins has done significant work on both facility projects during this diligence period. The Pleasant Valley Pipeline is a joint project with other water users which is being developed under the guidance of the Northern Colorado Water Conservancy District. This 8-mile pipeline will provide needed additional capacity to divert water from the Poudre River to Fort Collins Water Treatment Facility. It will be a key component of the Fort Collins raw water system and an important conduit for using the water covered by the conditional exchanges. The Pleasant Valley Pipeline project has been developed over the last 3-4 years. To date, Fort Collins has spent approximately $1,370,000 on the project and expects that the pipeline will be completed in 2004, at a total cost to Fort Collins of approximately $10,000,000. Additionally, Fort Collins has done significant work on the Halligan Reservoir Enlargement project. Halligan Reservoir is currently owned by North Poudre Irrigation Company (NPIC). In 1993, Fort Collins entered into an agreement with NPIC giving Fort Collins the option to purchase the existing site and to enlarge Halligan Reservoir. Pursuant to this agreement, Fort Collins has paid NPIC a total of $676,447 during this diligence period. In early 2002, Fort Collins hired a consultant to do a detailed study of the Halligan Reservoir Enlargement project, at a cost of $185,000. That study was recently completed.

c. Access to Other Existing Structures: During the diligence period, Fort Collins has

negotiated with the owners of existing structures to which the exchanges are decreed. For the 2001 and 2002 water years, Fort Collins entered into operational agreements with NPIC to allow for diversion and storage of water under these exchanges in the Munroe Canal, North Poudre Canal, Halligan Reservoir, and Fossil Creek Reservoir. For the 2002 water year, Fort Collins entered into operational agreements with the Pleasant Valley and Lake Irrigation Company for diversion and storage of water under these exchanges in Claymore Lake.

d. Other Related Work as Part of Fort Collins Integrated Water Supply System:

During the diligence period, the Fort Collins Water Utility staff has spent a


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significant amount of time on planning activities to incorporate the water yielded by these exchanges into the overall water supply for the City. No dollar value has been assigned to this activity at the present time. Additionally, Fort Collins incurred legal fees and costs in the course of developing and using the water covered by the conditional exchanges. A total of approximately $16,122 was spent on legal fees specifically associated with this case. Additionally, the exchanges described in this application are an integrated part of Fort Collins’ overall water supply system. In addition to the specific, itemized work and expenses listed above, Fort Collins has done significant other work developing and maintaining its overall water supply system which has not been itemized at this time.

e. Future Need for Water: Fort Collins’ actual need for the water represented by these

exchanges has not been as great during the diligence period as it will be in the future. As Fort Collins grows and water demands increase, there will be an increasing need to divert more water under these exchanges. Fort Collins has a continuing and future need for all of the water and exchange potential decreed under the conditional exchange rights, and has the continuing plan and intent to develop and put to beneficial use all of the exchanges included in the original conditional decree.

5. If claim to make absolute, dates and amounts of water applied to beneficial use:

a. During the diligence period, Fort Collins actually diverted and put to beneficial use

the amounts of water listed below, under each of the exchanges listed below, and these exchanges and amounts should be made absolute:

DURING WATER YEAR 2001 MAXIMUM DAILY FLOW RATE

New Mercer Ditch to the Munroe Canal .74 c.f.s.

Larimer No. 2 Canal to the Munroe Canal 5.99 c.f.s.

Fossil Creek Reservoir Outlet to the Fort Collins Pipeline 4.79 c.f.s.

DURING WATER YEAR 2002 MAXIMUM DAILY FLOW RATE

New Mercer Ditch to Halligan Reservoir 2.20 c.f.s.

New Mercer Ditch to North Poudre Canal 2.20 c.f.s.

New Mercer Ditch to Pleasant Valley and Lake Canal .24 c.f.s.

Larimer No. 2 Canal to Halligan Reservoir 23.96 c.f.s.

Claymore Lake to the Fort Collins Pipeline 3.00 c.f.s.

Arthur Ditch to Halligan Reservoir 2.82 c.f.s.

Arthur Ditch to North Poudre Canal 2.82 c.f.s.

Arthur Ditch to Pleasant Valley and Lake Canal .95 c.f.s.

Fossil Creek Reservoir Outlet to the Fort Collins Pipeline 11.56 c.f.s.


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a. Description of place of use where water is applied to beneficial use: Fort

Collins’ service area as described in Paragraph 3.e. above and for related augmentation use.

2. Name(s) and address(es) of owner(s) of land on which structure is or will be located,

upon which water is or will be stored, or upon which water is or will be placed to beneficial use.

a. The owners of the structures in land upon which structures are located and upon

which water is or will be stored are listed below.

i. The North Poudre Irrigation Company, 3729 Cleveland Avenue, P.O. Box 100, Wellington, CO 80549, is the owner of Halligan Reservoir, North Poudre Canal, North Poudre Supply Canal (a/k/a Munroe Canal), Fossil Creek Reservoir Inlet Canal, and Fossil Creek Reservoir.

ii. The City of Greeley, 1000 10th Street, Greeley, CO 80631, is the

owner of Seaman Reservoir and City of Greeley Pipeline.

iii. The Windsor Reservoir and Canal Company, 106 Elm, P.O. Box 206, Eaton, CO 80615, is the owner of the Poudre Valley Canal.

iv. The Pleasant Valley and Lake Canal Company, 160 West Mountain

Avenue, P.O. Box 421, Fort Collins, CO 80522, is the owner of the Pleasant Valley and Lake Canal, and Claymore Lake.

v. The Water Supply and Storage Company, 2319 East Mulberry, Fort

Collins, CO 80524, is the owner of the Larimer County Canal.

vi. The New Mercer Ditch Company, 125 South Howes, Suite 900, P.O. Box 506, Fort Collins, CO 80522-0506, is the owner of the New Mercer Ditch.

vii. The Larimer County Canal No. 2 Irrigating Company, 125 South

Howes, Suite 900, P.O. Box 506, Fort Collins, CO 80522-0506, is the owner of the Larimer County Canal No. 2.

viii. The Arthur Irrigation Company, 125 South Howes, Suite 900, P.O. Box

506, Fort Collins, CO 80522-0506, is the owner of the Arthur Ditch.

ix. The Larimer and Weld Irrigation Company, 106 Elm, P.O. Box 206, Eaton, CO 80615, is the owner of the Larimer and Weld Canal (a/k/a Eaton Ditch).

x. The Lake Canal Company, P.O. Box 104, Lucerne, CO 80646, is the

owner of the Lake Canal.

xi. The Warren Lake Reservoir Company, 125 South Howes, Suite 900, P.O. Box 506, Fort Collins, CO 80522-0506, is the owner of Warren Lake Reservoir.

xii. The Sherwood Reservoir Company, 125 South Howes, Suite 900, P.O.

Box 506, Fort Collins, CO 80522-0506, is the owner of Sherwood Lake (a/k/a Nelson Reservoir).


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xiii. The Applicant, City of Fort Collins, is the owner of the City of Fort Collins Pipeline and the City of Fort Collins Wastewater Treatment Plants Nos. 1, 2, and 3.

b. The land upon which water is or will be placed to beneficial use includes the

entire service area of Fort Collins as it now exists or may from time to time be expanded. It is not practical and it is not necessary to list the individual names and addresses of all of the owners of said land.

WHEREFORE, Fort Collins requests that the Court enter a decree which makes the exchanges absolute as listed in Paragraph 5.a. above, finds that Fort Collins has proceeded with reasonable diligence to develop the remainder of the conditional exchange rights, and continues the conditional exchange rights for an additional six years. 2002CW226 THE CONSOLIDATED MUTUAL WATER COMPANY APPLICATION FOR CHANGE OF WATER RIGHTS, IN JEFFERSON COUNTY. (Benjamin L. Craig, 12700 West 27th Avenue, P.O. Box 150068, Lakewood, Colorado 80215. Phone Number: 303-238-0451 Fax Number: 303-237-5560)

1. Name, mailing address, telephone number of Applicant: The Consolidated Mutual Water Company 12700 West 27th Avenue P.O. Box 150068 Lakewood, Colorado 80215 303-238-0451

2. Decreed name of Structure for which change is sought:

THE GOLDEN DITCH aka GOLDEN CANAL, and WELCH DITCH, hereinafter “Welch Ditch.”

3. From previous decree:

A. Date Entered: October 4, 1884 Court: District Court, County of Arapahoe, State of Colorado. Decreed location of point of diversion: The Welch Ditch diverts from the Southeast bank of Clear Creek at a point where the quarter corner on the South line of Section 32, Township 3 South, Range 70 West of the 6th P.M., Jefferson County, Colorado, bears South 28 degrees East, 900 feet.

B. Source: Clear Creek. C. Appropriation date: The following rights have been decreed to the Welch Ditch.

Date of Date of Decreed Amount Priority Appropriation Adjudication Use (cfs) 4 05/19/1860 10/04/1884 Irr. 0.225 12 05/13/1861 10/04/1884 Irr. 1.30 55 02/11/1871 10/04/1884 Irr. 26.00 75* 06/02/1900 05/13/1936 Irr. 24.00 *This priority is owned outright by The Agricultural Ditch and Reservoir Company and is not sought to be changed in this application.

E. Historical use: The Welch Ditch is owned by The Golden Canal and Reservoir Company, which is wholly owned by The Agricultural Ditch and Reservoir Company. The Welch Ditch has been operated as a carrier ditch and furnishes water to contract holders of Welch inches for irrigation on lands located between the Welch Ditch and the Agricultural Ditch and land below the Agricultural Ditch in Jefferson County. See Exhibit 1 attached hereto. The location of the lands on which the Welch Ditch inches sought to be changed in this application were used historically is shown on Exhibit 2 attached hereto. The Welch Ditch diverts from Clear Creek about one mile above the City of Golden in Clear Creek Canyon. Historical direct flow diversions from Clear Creek into the Welch Ditch for the


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years 1929 through 1956 as established in Consolidated’s previous change of its Welch Ditch rights, Case No. 94 CW 197, and attributed to The Golden Canal and Reservoir Company’s rights, are shown on the attached Exhibit 3.

4. Proposed changes: In Case No. 94 CW 197, Consolidated changed its 280.91 Welch Ditch inches to use in its municipal water system and in Case No. 01 CW 056, now pending, Consolidated seeks to change another 214.948 Welch Ditch inches. In this application, Consolidated seeks to change an additional 97.19 Welch Ditch inches, which it has since acquired. A. Change in type of use: Consolidated operates a municipal water system in

suburban Jefferson County for the mutual benefit of its stockholders. It seeks to change its recently acquired 97.19 contract inches in the Welch Ditch from irrigation uses to direct flow and storage for all beneficial purposes including municipal, irrigation, domestic, mechanical, commercial, industrial, recreation, fish and wildlife, augmentation, exchange, replacement and any other use necessary, desirable, or incidental to the operation of its water system. Return flows from the use of the subject water rights will be quantified and used to offset any return flows required to be made to prevent injury from the change of water rights. Water derived from the exercise of the subject water rights on which required return flows have been made, and the extent to which municipal returns exceed historical irrigation returns, shall be fully consumable by Consolidated and may be used, reused, successively used and disposed of by sale, exchange or otherwise, to extinction, for all beneficial purposes identified herein.

B. Change in manner of use: In addition to use by direct application to beneficial use, Consolidated seeks to store future deliveries of the subject Welch Ditch rights, after all required return flows have been made, in the following alternate places of storage for future uses: (1) Maple Grove Reservoir located in the South ½, Section 29, and the North ½, Section 32, Township 3 South, Range 69 West of the 6th P.M., Jefferson County, Colorado; (2) Fairmount Reservoir located in the Northeast ¼ of Section 24, Township 3 South, Range 70 West of the 6th P.M., Jefferson County, Colorado, said Fairmount Reservoir is more particularly described in the decree for conditional storage rights for said Fairmount (formerly Bandimere) Reservoir in Case No. 91 CW 092; (3) Walter S. Welton (formerly Fortune) Reservoir located in the South ½ of Section 24 and the North ½ of Section 25, Township 2 South, Range 70 West of the 6th P.M., Jefferson County, Colorado.

C. Change in place of use: To within Consolidated’s present and future treated

water and/or raw water systems. 5. Names and address of owners of land on which structures are located: All

structures, other than the Welch Ditch, are located on lands owned by Applicant. Welch Ditch:

The Golden Canal and Reservoir Company 12860 West Cedar Drive, Suite 102 Lakewood, Colorado 80228 (4 pages; Exhibits 3 pages)

2002CW227 Parker Water and Sanitation District, c/o Frank P. Jaeger, Manager, 19801 East Mainstreet, Parker, Colorado 80134(303) 841-4627 (Robert F. T. Krassa, KRASSA & MILLER, LLC, 1680 - 38th Street, Suite 800, Boulder, CO 80301, tel. 303-442-2156) APPLICATION FOR APPROVAL OF WELL FIELD OPERATION INCLUDING ALTERNATE POINTS OF DIVERSION, IN DOUGLAS COUNTY. Applicant may be referred to herein as "Parker", "Applicant" or "District". 2. Existing Decrees and Pending Applications. The water, wells and water rights which are the subject of this Application, are the subject of the following existing decrees or pending application. (a) Decree entered by


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this Court on April 18, 1990 in Parker’s Case 87CW104 (A), and recorded April 23, 1990 at reception number 9009587, Book 0908, page 0589, records of Douglas County. (b)Decree entered by this Court on October 27, 1992 in Parker’s Case 87CW104 (B), and recorded same date at reception number 9239980, Book 1093, page 1252, records of Douglas County. (c) Decree entered by this Court in Case 94CW042 on December 16, 1996 and recorded January 8, 1997 at reception number 9701331, Book 1400, Page 1715, records of Douglas County, and concerning a Decree entered by this Court on December 19, 1985 in Stroh Ranch Development Case 83CW161 which was recorded December 31, 1985 at reception number 371641, Book 616, page 754, records of Douglas County. (d) Decree entered by this Court in Parker's Case 95CW089 on March 31, 1997 and recorded April 15, 1997 at reception number 9719270, Book 1422, page 2382, records of Douglas County. (e) Pending well field enlargement application, as amended, in Case 99CW006 in this Court. (f) Decree entered by this Court on May 29, 1992 in Case 91CW094 upon the application of Charles S.Hover, Jr. and Winifred D. Hover. 3. Parcel and Ownership Information. The groundwater which Parker requests be added to its existing well fields underlies the NE/4 of Section 19, T.6S, R.65W of the 6th PM, comprising approximately 160 acres. The groundwater under this parcel was conveyed to Parker by Special Warranty Deed dated October 2, 2002, with the exception of the 12 acre feet per year ("AF/yr") of groundwater in the Lower Dawson aquifer reserved by Sellers. This parcel and Parker's existing well fields are shown on the map attached hereto as Exhibit 1. 4. Well Field Operation. Parker seeks to add the groundwater in the Denver Basin aquifers underlying the parcel described in foregoing paragraph 3 which has been conveyed to the District, to the District’s existing well fields as adjudicated by this Court in Parts A and B of Case 87CW104, 94CW042 and 95CW089. (a) Parker requests judicial approval of well field operation under which all of its rights to groundwater from specific aquifers, or portions of aquifers, of the Denver Basin as described herein, can be withdrawn from a minimum number of suitably located wells with maximum flexibility as to pumping rates of such wells. Each such group of wells will be referred to herein as a "well field". Said term shall include all of the rights and operational flexibility of "well field" as that term is defined in Rule 4.A.13 of the Statewide Nontributary Ground Water Rules, 2 CCR 402-7, and all of the rights and operational flexibility which can be attained by judicial approval for all the wells in a well field to be alternate points of diversion for each other. Six such well fields are described herein, in the "not nontributary" portions of the Lower Dawson and Denver aquifers, and in the nontributary portions of the Lower Dawson, Denver, Arapahoe and Laramie Fox Hills aquifers. (b) The wells and water rights in the said aquifers described in the above referenced decree in Case 91CW094, together with overlying lands associated therewith, and all of the groundwater in the said aquifers underlying the parcel described in foregoing paragraph 3 (except the 12 AF/yr in the Lower Dawson aquifer retained by Sellers), shall be added to the corresponding Well Field described in the District’s well field decrees entered in above described Cases 87CW104(A) and (B), 94CW042 and 95CW089, as if originally a part thereof. In addition, such additional wells as are constructed pursuant to the provisions of the said decrees or of the decree entered pursuant to the present application, to maintain production of and to recover the amount of groundwater to which Parker is entitled from each aquifer, shall be included among the wells in said well field. (c) The subject groundwater will be used in a unified water system to serve the present and future service area of Parker Water and Sanitation District. All of the groundwater may be used, reused and successively used, and otherwise disposed of for municipal, domestic, industrial, agricultural, commercial, irrigation, stock watering, recreation, fish and wildlife, fire protection and other beneficial uses including augmentation, substitution and exchange. Such water may be withdrawn through the wells described herein for immediate application to beneficial use, for storage and subsequent application to beneficial use, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for all other augmentation purposes including taking credit for all return flows as augmentation for or as offsets against out-of-priority tributary depletions as provided in augmentation plan decrees of this Court. (d) Each well in the above described well fields, including additional wells, shall be designated as an alternate point of diversion for all of the other wells in that well field. (e) If Parker constructs any additional, alternate point or supplemental wells pursuant to the terms of the decrees identified in paragraph 2 hereof, or pursuant to the decree to be entered herein, each such well shall be automatically a part of the well fields requested herein without the necessity to amend this application or any decree entered herein. 5. Water Added to Well Fields. (a) The average annual amounts of water which may be withdrawn from the Denver Basin aquifers under the requested addition to the well fields are as follows: Lower Dawson 30.6 AF/yr, Denver 94.4 AF/yr, Arapahoe 63.1 AF/yr, Laramie-Fox Hills 49.4 AF/yr. These amounts were determined in the Decree entered by this Court in Case 91CW094. The amount in the Lower Dawson was adjudicated


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as 42.6 acre feet per year, and Sellers have retained 12 acre feet per year thereof. All four aquifers are nontributary at this location. The quantities stated are subject to adjustment pursuant to the terms of the said decree and pursuant to the terms of any decree to be entered pursuant to this application. 6. Description of Land to be Irrigated. Any land served by Parker’s municipal water system. This system includes the Stroh Ranch lands described in the Decree in Case 83CW161. Such land is generally contained in Townships 6 and 7 South, Ranges 65 and 66 West of the 6th P.M., in Douglas County, but Parker may serve others outside its boundaries pursuant to contract or its rules and regulations. 7. Additional Wells. The well fields requested herein shall include each additional well, alternate point of diversion well, supplemental well or replacement well which is necessary to withdraw all of the groundwater in each well field, including the groundwater for which adjudication is requested in paragraphs 5 through 13 hereof, may be withdrawn through such additional, supplemental and replacement wells as necessary without publishing additional notice or filing additional pleadings with the Court. 8. Banking. Parker requests the right to withdraw an amount of water in excess of the decreed allowed average annual amount of withdrawal for each well field, as long as the total amount of water withdrawn from each well field does not exceed the product of the number of years since the date of issuance of the original permit or the original decree for each water right described herein, whichever is first, times the decreed allowed average annual amount of withdrawal, except as set forth in the Decree in Case 83CW161. 9. Pumping Rates. Parker may withdraw the total annual average amount of water provided herein for each well field from any combination of the wells in that well field. The pumping rates for each well in that well field may exceed the nominal pumping rates set forth herein or in any decree mentioned in paragraph 2, to the extent necessary to withdraw the full allocation of water from that well field, except as set forth in the Decree in Case 83CW161. 10. Water Service Entitlements. Nothing herein is intended to create any implication that the granting of the present application will affect the entitlement of any person to receive water service from Parker. Rights to water service will continue to be governed by the applicable Inclusion Agreements, other Contracts and Agreements, and Parker’s Rules and Regulations. 11. Overlying Lands. The overlying lands which relate to the groundwater which is the subject of this application are fully described in the decrees referenced in paragraph 2, the parcel description in paragraph 3 and are also shown on the map attached hereto as Exhibit 1. 12. Ownership and Notice. Parker owns or has the right to use the sites upon which all structures associated with this matter will be located. Also, Parker is the record title owner of all of the water and water rights which are the subject of this Application. However, Parker does not own or provide water service to the overlying lands described in paragraph 3 hereof. Pursuant to §37-92-302(2)(b), C.R.S. Parker will, within ten days after filing this application, mail a copy of this application by registered or certified mail to the following persons, who are believed to be all of the record owners of the overlying land and all of the persons who have a lien or mortgage on, or deed of trust to, the overlying land recorded in Douglas County. (a) Charles S. Hover, Jr and Winifred D. Hover, 9740 E. Parker Rd., Parker, CO 80138 (b) Lehman Brothers Bank, FSB, 400 Professional Drive, Suite 100, Gaithersburg, MD 20879 (c) Terry N. Thomas and Terri L. Thomas, 9850 E. Parker Rd., Parker, CO 80138 (d) First Federal Bank, 329 Pierce Street, Sioux City, IA 51191 (e) Linda Allgeier and Axel Allgeier, 9760 E. Parker Rd., Parker, CO 80138 (f) Englewood Mortgage Co. 8400 E. Crescent Parkway, Suite 350, Englewood, CO 80111, (g) Bellco Credit Union, PO Box 6611, Greenwood Village, CO 80155-6611 (h) Joseph E. Arseneau, II and Laura I. Beller, 10615 Tomahawk Rd., Parker, CO 80138 (i) Wells Fargo Home Mortgage Inc., PO Box 5137, Des Moines, IA 50306-5137. 13. Records. Parker will maintain such records and make such measurements of water as may be reasonably required by the Division Engineer. 14. Well Construction. This is not an application which will require the construction of a well within the meaning of §37-92-302(2), C.R.S. 15. Effective Dates. For purposes of applying §37-90-137(10), C.R.S., the original date of filing of well permit applications, the date of filing of the applications in Cases 83CW161 and 87CW104, the date of filing of applications for adjudication of the decreed underground water rights which were subsequently superseded by the decrees in Cases 87CW104(A) and 87CW104(B), whichever is earlier and applicable, is the date which shall be used by the State Engineer when considering permits for additional wells. 16. Well Permits. Parker requests the Court to order that in considering any well permit applications, the State Engineer shall be governed by the Findings of Fact, Conclusions of Law, and Decree herein which may result from this Application and shall issue said permits in accordance with the provisions of such decree and 37-90-137(10) C.R.S., and that Parker shall not be required to submit any additional proof or evidence of matters finally determined in such decree when making application for wells to withdraw the water rights confirmed therein. Parker further requests the Court to order that any failure to construct a well necessary to produce groundwater hereunder within the period of time specified


15

in any well permit not be deemed to extinguish the underlying right to water. 17. Non-Injury. No legal injury will occur to the owner of any vested or conditionally decreed water right from the granting of this application. 18. Jurisdiction. This Court has jurisdiction over the subject matter of this Application pursuant Sections 37-92-203(1), 37-92-302(2) and 37-90-137(6), C.R.S. 19. Referenced Materials. All attachments, decrees or pending cases mentioned herein may be inspected at the office of the Clerk of the Water Court in Greeley, Colorado. All recorded documents may be inspected at the office of the Douglas County Clerk and Recorder in Castle Rock, Colorado.

2002CW228 Nursery Acres Limited Partnership, Attn.: Mike Gilsdorf, 9010 South Santa Fe, Littleton, CO 80125, (303) 791-1660 (Steven P. Jeffers, Esq., Madoline E. S. Wallace, Esq., Bernard, Lyons, Gaddis & Kahn, P.C., P.O. Box 978, Longmont, CO 80502-0978, (303) 776-9900). APPLICATION FOR DETERMINATION OF NONTRIBUTARY AND NOT NONTRIBUTARY UNDERGROUND WATER RIGHTS IN THE UPPER ARAPAHOE, LOWER ARAPAHOE, AND LARAMIE-FOX HILLS AQUIFERS IN WELD COUNTY. 2. Well Permits: There are no wells on the property. Well permit applications for the wells to be constructed shall be applied for at such time as the Applicant or its successor, or assign is prepared to construct the wells pursuant to the terms of this decree and applicable Colorado law. 3. Legal Description of the Subject Property: The property is comprised of two non-contiguous parcels, one located generally in the SE 1/4 of Section 25, Township 1 North, Range 65 West, in Weld County totaling 154.31 acres (“Wailes Parcel”) and another in the NW 1/4 of Section 25, Township 1 North, Range 65 West, in Weld County totaling 82.953 acres (“Gettman Parcel”) (collectively “Subject Property”). The wells will withdraw not nontributary groundwater from the Upper Arapahoe aquifer and nontributary ground water from the Lower Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property. The Wailes Parcel is more particularly described in the attached Exhibit A. The Gettman Parcel is more particularly described in the attached Exhibit B. The Subject Property is shown on the map attached hereto as Exhibit C. 4. Proposed Wells: Applicant claims the right to drill and to complete such wells as may be needed or desired anywhere on the Subject Property to recover and to use all physically and legally available water from the aquifers under both parcels as claimed herein. 5. Source of Water: a) The ground water to be withdrawn under the Subject Property by Applicant from the Upper Arapahoe aquifer is not nontributary ground water as defined in Section 37-90-103(10.7), C.R.S. Such water is located more than one mile from any point of contact between any natural stream, including its alluvium, and the Upper Arapahoe aquifer. Applicant will comply with requirements to relinquish to the surface stream system four percent of all such not nontributary ground water withdrawn on an annual basis and to obtain judicial approval of a plan for augmentation prior to using such water. The ground water to be withdrawn from the Lower Arapahoe and Laramie-Fox Hills aquifers under the Subject Properties is nontributary ground water as that term is defined in Section 37-90-103(10.5), C.R.S. Applicant will comply with requirements to relinquish to the surface stream system two percent of all such nontributary ground water withdrawn on an annual basis. Otherwise, said water from all aquifers may be fully consumed to extinction for all beneficial uses. b) Estimated Depth: Wells will be completed to the bottom of each of the aquifers, which Applicant estimates to be approximately 190 feet below land surface in the Upper Arapahoe aquifer, 540 feet below land surface in the Lower Arapahoe aquifer, and 1,190 feet below surface in the Laramie Fox-Hills aquifer. The depths are approximate and are based on geologic and topographical information available from the Colorado State Engineer’s office. Actual well completion depths may vary from this estimate based on the actual conditions below the overlying land. 6. Estimated Amount and Rate of Withdrawal: The wells will withdraw ground water at a rate of flow necessary to efficiently withdraw the entire decreed amount in each aquifer. The estimated average annual amounts of ground water available for withdrawal by the Applicant are based upon information contained in the Denver Basin Rules, 2 C.C.R. 402-6. Applicant estimates the following values and average annual amounts are representative of the subject aquifers at this location: a) Wailes Parcel: Annual Average Aquifer

Acres

Saturated Sand Thickness (ft.)

Specific Yield (%)

Withdrawal (acre feet)

Upper Arapahoe 154.31 50 0.17 13.1

Lower Arapahoe 154.31 75 0.17 19.7

Laramie-Fox Hills 154.31 125 0.15 28.9


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b)Gettman Parcel: Aquifer

Acres

Saturated Sand Thickness (ft.)

Specific Yield (%)

Annual Average Withdrawal (acre feet)

Upper Arapahoe 82.953 35 0.17 4.9

Lower Arapahoe 82.953 90 0.17 12.7

Laramie-Fox Hills 82.953 125 0.15 15.6

7. Well Fields: Applicant requests that this Court determine, pursuant to Rule 11.B of the Statewide Non-tributary Ground Water Rules, 2 C.C.R. 402-7, that Applicant has the right to withdraw all of the legally available ground water lying below the Subject Property through the wells requested herein, which may be located anywhere on any parcel of the Subject Property, and any additional wells which may be completed in the future, as Applicant’s well fields. Applicant will file applications with the State Engineer pursuant to § 37-90-137(10), C.R.S. prior to construction of any additional wells. 8. Proposed Uses: Applicant intends to use, reuse, and successfully use the water; and after use, lease, sell or otherwise dispose of such water for municipal, domestic, agricultural, commercial irrigation, stock watering, recreational, fish and wildlife, fire protection and any other beneficial use on or off the Subject Property. The water may be immediately used or stored for subsequent use, used for exchange purposes, for direct replacement of depletions, and for other augmentation purposes, including taking credit for all return flows resulting from the use of such water for augmentation for or as an offset against any out-of-priority depletions. 9. Name and Address of Owner of the Land: Applicant owns all of the Subject Property. 10. Determination Sought Herein: a) Applicant seeks a determination that all of the ground water underneath the Subject Property in the Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills aquifers may be withdrawn and used subject to the terms and conditions included in a decree to be entered in this case, and any augmentation plan decreed for the Upper Arapahoe aquifer, and that the Applicant has a vested right to the use of said ground water. b) Applicant is the owner of the overlying land, or has the consent of the owner of the overlying land, to adjudicate all such ground water underlying said land. The average annual amount determined to be available in the decree can be withdrawn without causing material injury to the vested rights of others, provided that the terms and conditions in said decree are complied with. c) Applicant asks the Court to determine that Applicant has the right to withdraw all of the ground water in the Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills aquifers under the Subject Property through any wells initially permitted in such aquifers, and any additional wells which may be permitted and completed in the future on the Subject Property. Applicant requests the initial wells permitted in each aquifer along with any additional wells shall be treated as a well field. d) Applicant requests that each well may withdraw water at the rate necessary to withdraw the full allowed annual amount of ground water from the Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills aquifers. e) Applicant claims the right to withdraw more than the average annual amount in each aquifer estimated in this application pursuant to the banking provisions of Rule 8.A of the Statewide Nontributary Groundwater Rules, 2 C.C.R. 402-7. f) Although Applicant has estimated the amount of water available for withdrawal from the Upper and Lower Arapahoe aquifers, and Laramie-Fox Hills aquifer, Applicant requests the right to revise those estimates upward or downward based on actual data or better data available at the time of withdrawal without the necessity of amending this application or republishing the same. Applicant requests the right to invoke the retained jurisdiction of the Court provided for in Section 37-92-305(11), C.R.S. to adjust the amount of water available for withdrawal from each aquifer. WHEREFORE, Applicant requests this Court to enter a decree: 1. Granting the application herein and awarding final water rights from the Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills aquifers, except as to those issues which the Court will specifically retain jurisdiction; 2. Determining that Applicant has complied with Section 37-90-137(4), C.R.S., and water is legally available for withdrawal by Applicant through the wells proposed herein; 3. Retaining jurisdiction to provide for adjustment of the amount of water available for withdrawal by Applicant from such aquifers based on actual local aquifer characteristics and authorizing Applicant to invoke the Court’s retained jurisdiction at any time after such data becomes available, pursuant to Section 37-92-305(11), C.R.S.; 4. Determining that the ground water in the Lower Arapahoe and Laramie-Fox Hills aquifers under the Subject Property is nontributary ground water, and vested or conditionally decreed water rights of others will not be materially injured by withdrawal of such ground water; 5. Determining that the ground water in the Upper Arapahoe aquifer under the Subject Property is not nontributary ground water, which may only be used pursuant to a decreed plan for augmentation. 6. Determining that the allocation of such


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ground water is not based on appropriations, and no findings of diligence shall be required to maintain these rights; and 7. Such other relief as the Court deems proper in this matter.

2002CW229 SUELLEN H. MOSES, 12584 Flagg Drive, Lafayette, CO 80026. Application for Water Rights (Surface), IN BOULDER COUNTY. Moses Ditch is located in the NW1/4NE1/4, S1, T1N, R69W, 6th P.M., Irvington Subdivision, Lot 5-26, 12, 4-17, 21-26, Block 5,6,7,7 Source: Coal Creek Appropriation: 10/28/2002 Use: Irrigation Legal description of acreage: Irrigation water would be used to water pasture bordering both sides of Coal Creek. (3 pages)

2002CW230 Bella Farms LLC, 13278 Road 32, Platteville, Colorado 80651. Telephone: (970) 590-2415. (Kim R. Lawrence, Lind, Lawrence & Ottenhoff, LLP, 1011 11th Avenue, Greeley, CO 80631, 970-356-9160). Application for Change of Water Rights and Alternate Points of Diversion in WELD County. 2. Decreed Name of Structures: Well _ 1-5618-F, Well _ 2-6101-F, Well _ 3-9437-F, Well _ 4-5640-F, Well _ 5-9505-F, Well _ 6-14481-F. 3. Previous Decree: A decree was entered in the Water Court, Water Division _ 1, Case _ W-4716 on November 6, 1974 which was corrected by an amended decree dated August 29, 1979 for the following wells: a. Well _ 1-5618-F located in the NW¼ SE¼ of Section 7, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado, at a point 1380 feet North and 2410 feet West of the Southeast corner of said Section, with a date of appropriation of May 16, 1964 in the amount of 2.2 c.f.s. for the irrigation of 160 acres in the E½ of Section 7, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado. b. Well _ 2-6101-F located in the SW¼ SE¼ of Section 7, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado, at a point 980 feet North and 2420 feet West of the Southeast corner of said Section, with a date of appropriation of September 5, 1964 in the amount of 2.2 c.f.s. for the irrigation of 260 acres in the E½ of Section 7 in Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado. c. Well _ 3-9437-F located in the SW¼ SE¼ of Section 7, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado, at a point 350 feet North and 2510 feet West of the Southeast corner of said Section, with a date of appropriation of May 9, 1965 in the amount of 2.2 c.f.s. for the irrigation of 500 acres in the E½ of Section 7 and the W½ of Section 8, all in Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado. d. Well _ 4-5640-F located in the SW¼ SE¼ of Section 7, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado, at a point 120 feet North and 2270 feet West of the Southeast corner of said Section, with a date of appropriation of June 3, 1964 in the amount of 2.2 c.f.s. for the irrigation of 260 acres in the E½ of Section 7, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado. e. Well _ 5-9505-F located in the NW¼ SE¼ of Section 7, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado, at a point 1800 feet North and 2400 feet West of the Southeast corner of said Section, with a date of appropriation of May 11, 1965 in the amount of 2.0 c.f.s. for the irrigation of 500 acres in the E½ of Section 7 and the W½ of Section 8, all in Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado. f. Well _ 6-14481-F located in the NW¼ SE¼ of Section 7, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado, at a point 2180 feet North and 2400 feet West of the Southeast corner of said Section, with a date of appropriation of May 31, 1970 in the amount of 1.3 c.f.s. for the irrigation of 320 acres in the E½ of Section 7, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado. 4. Historic Use: The six wells are used to irrigate 530 acres, shown on Figure 3, along with 4.66 shares of the Platte Valley Irrigation Company and 0.66 shares of the Platteville Milling & Irrigation Company. 5. Proposed Change and Alternate Points of Diversion: a. Applicant seeks to make each of the wells alternate points of diversion to the other wells for irrigation of up to 530 acres. b. Applicant seeks to add a new alternate point of diversion well located in the SW¼ SE¼ of Section 7, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado, at a point 350 feet North and 2460 feet West of the Southeast corner of said Section in the amount of 2.2 c.f.s. and add the right to use the well for stock watering, commercial dairy and dust suppression for up to 2260 head at the dairy operation located in the NW¼ of Section 20, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado, which will include up to 1 acre of landscape irrigation. c. Applicant has determined that the present use by the dairy for the current 1750 head operation is 98.03 acre feet per year consumptive use. Increasing the dairy to it’s permitted size of 2260 head, would require 136.55 acre feet per year consumptive use. In order to provide this water supply applicant proposes to dryup historically irrigated acres. Applicant has determined the historic consumptive use on the historically irrigated 530 acres was 771.29 acre feet or 1.455 acre feet consumptive use per acre. Applicant therefore will dryup 68 acres shown on Figure 3 for the present operation and a total of 94 acres if and when it increases to the 2260 head


18

operation. A comparison of monthly lagged depletions from the historic groundwater use and the proposed dairy use, in acre feet, using a Stream Depletion Factor of 590 days, is shown below. The lagged depletions from historic groundwater use, Row 1, exceed the present lagged depletions from the 1750 head operation, Row 2, each month. The lagged depletions from historic groundwater use, Row 1, are less than the proposed dairy use at 2260 head, Row 3, in the months of February through August, although the annual historic depletion exceeds the proposed use. Applicant needs to dryup 8.3 additional acres or otherwise provide 12.02 acre feet consumptive use prior to any expansion up to 2260 head.

Jan

Feb

Mar

Apr

May

Jun

Jul

Aug

Sep

Oct

Nov

Dec

Tot

1

12.30

10.57

10.74

9.65

9.24

8.41

8.76

10.28

12.07

14.47

14.96

15.51

136.94

2

8.17

8.17

8.17

8.17

8.17

8.17

8.17

8.17

8.17

8.17

8.17

8.17

98.03

3

11.38

11.38

11.38

11.38

11.38

11.38

11.38

11.38

11.38

11.38

11.38

11.38

136.55

6. Name and Address of Owners of Structures: Applicant. 2002CW231 JOHN BOWER, 6060 S. Eaton Lane, Littleton, CO 80123. Application for Underground Water Right, IN JEFFERSON COUNTY. Bower Well #76319 is located in the NW1/4NE1/4, S24, T5S, R69W, 6th PM, 1200’ from N and 1500’ from E section line. Source: Groundwater Depth: 328’ Appropriation: 8/19/1976 Amount claimed: 12 gpm (1 a/f annually) Proposed use: Number of acres historically irrigated: one, Area of lawns and gardens irrigated: 7000 sq. ft. Remarks: The area irrigated consists of deciduous trees watered on a drip system. (3 pages)

2002CW232 GRACE R. RISKO, 104 Furlong Ave., Newtown Square, PA 19073. Application for Water Rights (Surface), IN JEFFERSON COUNTY. Patrick Spring is located in the SE1/4S27, T4S, R71W, 6th P.M., 525’ from N and 660’ from W section line. Subdivision vacant land Lot Patrick: 41-274-00, Block Patrick: 004. Lot: Michael; 41-274-00 Block: Michael: 006. Patrick-Michael Pond is located in the SE1/4 S27, T4S, R71W, 6th P.M., 350’ from N and 700’ from W. Subdivision: Vacant Land. Lot: Patrick: 41-274-00; Michael: 41-274-00. Block Patrick: 004; Michael: 006 Name of Ditch and capacity: Patrick-Michael Pond is not an off-channel reservoir, the ditches that fill it do not connect to a body of water but instead shed water during rain/runoff and other high water table conditions. These ditches/diversions are described in the above text for the Surface Rights application (part on Patrick-Michael Pond) and in Paragraph 4, Source (portions for Patrick-Michael Pond). Appropriation: Patrick-Michael Pond-1967; Patrick Spring-1946. Amount claimed: Pond-0 cfs Spring 2 gals/min, this is 0.08445 cfs Patrick-Michael Pond 0.028696 acre-feet. Use or proposed use: Number of acres historically irrigated-Has not been used for such; proposed to be irrigated-Up to the entire 10 acres, as follows. I plan to use this pond and spring to irrigate a Tree Farm and/or Christmas Trees and/or livestock graze. In addition to or instead of our own development of forestry products and /or graze we hope to lease (parts of or any remaining) land of the 10 acres to Tree Farmers, and may make arrangements for irrigation to enhance the utility of our property to such leasee’s. To maximize the utility of our water I am considering and have discussed with contractor’s) widening the size of the dam and thereby create land usable for additional parking, troughs and sheds, etc. )dredging the pond and/or trough, to make them deeper. Attachment D provides details of improvements being considered. If non-irrigation describe purpose fully: As part or instead of the activities described in Paragraph 7.A I am considering fencing the tracts (or parts of the tracks) so I can either raise and sell livestock such as cattle or horses, or lease the land to people who do so, the pond and spring would then be a source of water for operations and the animals. To facilitate livestock operations I may pump water to holding troughs located on Patrick and/or Michael tracts. In addition I am also considering bargaining/selling arrangements that allow local tree farmers or livestock owners to take water from our pond for their use. At the present time only the applicant’s land (Grace R. Risko) has structures and stores and uses the water. The current structures, an earthen dam and a water


19

trough, are shown in Attachment C-D. As described in Paragraph 7 I am actively searching not only for leasee’s but also into the possibility that adjoining landowners can agree to aggregate then land in order to define a track of land eligible for management under the Colorado Forest Land program (39-1-102, C.R.S. see Attachment F). Attachment D identifies where dam is located and the land within the high water line. SURFACE RIGHTS. The pond is the result of an earthen dam about 12 feet tall built by the landowner in about 1967, this includes a run-off channel created to prevent the pond overflow from destroying the earthen dam. There are no provisions for outlets except for the runoff channel which is typically dry, as such the pond is described as having no flow. At the present time (Oct. 2002, and despite this years drought) the pond is 2 to 3 feet deep. Attachments C-D provide some additional detail. To facilitate use I am considering excavating either the current pond or a larger pond up to a depth of 10 feet, for use as a livestock pond. Attachment D provides details of what is being considered. At this time its not clear whether increasing the size of the pond would necessarily be accompanied by excavation to a 10 foot depth. During non-runoff periods spring pushes water just above surface for a distance of about 30 feet, then disappears into the ground again. Attachment C-D provide some additional detail. Flow is about 2 gallons per minute (Oct “02), so flow in cfs is given by 2 gal/min=2gal/60 sec and since 1 cfs is 7.48 gal/s the flow in cfs is (2/60)/7.48, which is 0.08445 cfs, absolute. (6 pages)

2002CW233 Gerald D. Hamlin and Kathryn Hamlin , 5198 Weld County Road 28, Longmont, Colorado 80504, Telephone: (970) 535-0634 (c/o Stephen T. Williamson, Law Office of Stephen T. Williamson, P.O. Box 850, 813 Main Street Louisville, Colorado 80027 303-666-4060) APPLICATION FOR STORAGE WATER RIGHT IN WELD COUNTY. 2. Applicants claim an absolute right to store water and a conditional right of refill in Hamlin Reservoir No. 1. 3. Name of storage right: Hamlin Reservoir No. 1 4. Legal description: A. Location of reservoir: The reservoir is located in the SE 1/4 of the NW 1/4 of Section 36, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado. The West abutment of the dam is located approximately 2,450 feet South and 1,500 feet East of the Northwest Corner of said Section 36. B. If off-channel reservoir, name and capacity of facilities used to fill the reservoir, and legal description of each point of diversion: N/A. C. A map depicting the location of the reservoir is attached as Exhibit “A” and an aerial photograph of the reservoir is attached as Exhibit “B”, and each exhibit is incorporated herein by this reference. 5. Source: The dam which creates the reservoir intersects an unnamed local drainage which is tributary to St. Vrain Creek a short distance South of Applicant’s property. The drainage is supplied by irrigation waste water, flood, spring and seepage water from areas North and West of the reservoir, primarily in Sections 25, 26, 35 and 36, Township 3 North, Range 68 West. 6. A. Date of appropriation: 1947 for initial filling; September 5, 2002 for refill claim. B. How appropriation was initiated: By original construction, with assistance from the U.S. Army Corps of Engineers. C. Date water was applied to beneficial use: 1947. 7. Amount claimed: A. 7 acre feet, ABSOLUTE, with the right to one refilling in the amount of 7 acre feet, CONDITIONAL. B. Rate of diversion: 5.0 cubic feet per second. 8. Uses: Recreation, piscatorial, wildlife conservation, environmental mitigation, stock watering and irrigation of ninety-three (93) acres of land located North of the reservoir in the E ½ of the NW 1/4 and the NW 1/4 of the NW 1/4 of Section 36, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado. 9. Surface area of high water line: approximately 2.07 acres. A. Maximum height of dam: 9.9 feet. B. Elevation of spillway: 9.9 feet (reservoir is non- jurisdictional. B. Length of dam in feet: Approximately 225 feet. 10. Total capacity of reservoir in acre feet: 7 acre feet. Active capacity: 7 acre feet. Dead storage: none. 11. Names and addresses of owners of land on which structures are located or are


20

to be located: The dam and reservoir are located on land owned by the Applicants. 12. Remarks: Applicants reserve the right to supplement the information regarding diversions, storage and the application of water to beneficial use during the pendency of this case, to offer evidence of additional amounts applied to beneficial use and to request the Water Court to enter an absolute decree in the full amount of the claim set forth in this application, or such lesser amount as may be determined by the Water Court, based upon the evidence which continues to develop from on-going operations. To the extent any claim cannot be decreed absolute in this proceeding, Applicants request that any such claim be decreed conditional.

2002CW235 NEAL W. LAND, P.O. Box 63, Hartsel CO 80449. Application for Change of Water Right, IN PARK COUNTY. Honey Bear Pond decreed 5/2/1990 in Case No. 89CW167, Water Division 1. Decreed point of diversion: Honey Bear Pond is located in the (39 04 06N, 105 46 49 W) to stock tank set at 39 04 02N, 105 47 04W. Source Honey Bear Pond-Springs Amount: 1000 gal. as needed to refill stock tank. Historic Use: Livestock, irrigation & fish rearing as per 89CW167. Neglected to include “livestock” in original wording of same. Proposed change: Request addendum to include wording of “livestock” as well as right to fill & refill 1000 gallon stock tank as needed set at above referenced location (approx. 815 Ft. W of Spring) NW1/4NE1/4, S28, T11S, R75W, 6th P.M., 980’ N and 2500’ E. a/k/a Eagles Nest, Lot 3, Filing 9 and Lot 2, 3 & 4, Filing 10. (2 pages) 2002CW236 Platte Valley Irrigation Company, c/o Donna Coble, Secretary, 1025 9th Avenue, #309, Greeley, CO, 80631 (Kim R. Lawrence, Lind, Lawrence & Ottenhoff, LLP, 1011 11th Avenue, Greeley, CO, 80631, 970-356-9160). Application for Water Right in WELD County, Colorado. 2. Name of Structure: Platte Valley Recharge and Storage Project. 3. Legal Description of Diversion: In the Southeast Quarter of the Northwest Quarter of the Northeast Quarter of Section Nineteen (19), Township Two (2) North, Range Sixty-six (66) West of the 6th P.M., Weld County, Colorado at the diversion works of the Platte Valley Canal on the east bank of the South Platte River. 4. Source of Water: The South Platte River and its tributaries. 5. Date of Initiation of Appropriation: October 29, 2002. 6. How Appropriation Was Initiated: By Resolution of the Board. 6. Description of Recharge: Water is diverted at the existing headgate of the Platte Valley Canal through the canal and is allowed to percolate into the underground aquifer for Applicant's stated beneficial uses. The water so diverted may also be delivered either above or below the canal to facilities proximate to the canal for the same purposes. The following initial sites have been identified. See Exhibit 1. 6.1. Recharge Site µ 1(Ensor-Wilkins Site): In the SE¼ SW¼ of Section 5, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado. 6.1.1. Surface area of high water line: 2.5 acres. 6.1.2. Maximum height of dam in feet: 0 feet. 6.1.3. Length of dam in feet: 0 feet. 6.1.4. Total active capacity of reservoir in acre feet: 25 a.f. with 0 dead storage. 6.2. Recharge Site µ 2 (Sandau-Bartels Site): In the SW¼ of Section 25, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado. 6.2.1. Surface area of high water line: 1 acres. 6.2.2. Maximum height of dam in feet: 0 feet. 6.2.3. Length of dam in feet: 0 feet. 6.2.4. Total active capacity of reservoir in acre feet: 10 a.f. with 0 dead storage. 6.3. Amount Claimed: 215.95 c.f.s., conditional. 6.4. Use: Augmentation, recharge, replacement, exchange and irrigation. Irrigation will be of lands currently irrigated by water from the Platte Valley Canal. Applicant intends to fully utilize the water claimed 100% to extinction to the extent it is feasible to account for the same. 7. Description of Storage: 7.1. Name of Structure: Platte Valley Reservoir µ 1. 7.2. Legal Description of Location of Dam: Section 9, Township 3 North, Range 66 West of the 6th P.M. Weld County, Colorado. See Exhibit 1. 7.3. Name and capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion: See ¶2 and ¶3. 7.4. Amount Claimed: 1000 a.f., with the right to refill, conditional. Rate of diversion in cfs for filling the reservoir: 215.95 c.f.s., conditional. 7.5. Surface area of high water line: 100 acres. 7.6. Maximum height of dam in feet: 9.9 feet. 7.7. Length of dam in feet: 660 feet. 7.8. Total active capacity of reservoir in acre feet: 1000 a.f. with 0 dead storage. 7.9. Use: Augmentation, recharge, replacement, exchange, recreation and irrigation. Irrigation will be of lands currently irrigated by water from the Platte Valley Canal. Applicant intends to fully utilize the water claimed 100% to extinction to the


21

extent it is feasible to account for the same. 9. Name and Address of Owner of the Structures: Applicant owns the Platte Valley Canal. Farmers Reservoir and Irrigation Company, 80 South 27th Avenue, Brighton, Colorado 80601 has an interest in the Canal. Recharge Site µ 1 is owned by K. C. Ensor Jr. Trust, Mary Edith Wilkens and Edna R. Ensor, 17730 State Highway 60, Platteville, Colorado 80651. Recharge Site µ 2 is owned by Bruce Sandau, Robert Sandau and Bartels Family LLC, 22444 WCR 35, LaSalle, Colorado 80645. Platte Valley Reservoir µ 1 site is owned by Charles T. Anderson, 14900 WCR 36, Platteville, Colorado 80651. 2002CW237 (94CW295) DAVID DOUGLASS, P.O. Box 484, Black Hawk, Colorado 80422 (c/o William B. Tourtillott and William H. Caile, Friedlob Sanderson Paulson & Tourtillott, LLC, 1775 Sherman Street, Twenty-First Floor, Denver, Colorado 80203, attorneys for Applicant David Douglass). Application for Finding of Reasonable Diligence, IN GILPIN COUNTY. 2. Name of structures: Paradise Valley Reservoir No. 2 and Paradise Valley Reservoir No. 3 (the “Reservoirs”). 3. Description of conditional water rights: A. Date of Original Decree for both reservoirs: October 18, 1996, in Case No. 94CW295, Water Division No. 1. B. Legal Description: Paradise Valley Reservoir No. 2: Located in the NW1/4 SE1/4 of Section 35, T2S, R73W of the 6th P.M., at a point approximately 1800 feet from the east section line and 1900 feet from the south section line of said Section 35, Gilpin County, Colorado. Paradise Valley Reservoir No. 3: Located in the SW1/4 SE1/4 of Section 35, T2S, R73W of the 6th P.M., at a point approximately 1400 feet from the east section line and 500 feet from the south section line of said Section 35, Gilpin County, Colorado. See location map which has been attached as Exhibit A. C. Source: Pickle Gulch, a tributary to North Clear Creek, seepage and runoff. D. Appropriation Dates and Amounts: October 21, 1994. Each reservoir will be an alternate point of storage for the other reservoir and will store a cumulative total of approximately 50 acre-feet in any one, or in combination of both the reservoirs. E. Use: Each reservoir will be used for recreation, wildlife and fish propagation, replacement, augmentation, storage, exchange, and reuse to extinction on the Subject Property as described below. 4. In support of this Application for Finding of Reasonable Diligence, it is stated: This verified Application for Finding of Reasonable Diligence is filed pursuant to the Water Rights Determination and Administration Act of 1969, C.R.S. §§ 37-92-301 and 37-92-302. Construction of Reservoir No. 2 is nearly complete and the “as built” drawings will be submitted to the state for final approval in the near future. Applicant has obtained county approvals for its subdivision and the number of home sites was reduced from 58 to 50. In addition, the county limited the size of each reservoir to 15 acre-feet, but Applicant has not abandoned his right to the remaining decreed 35 acre-feet conditional water storage right. As decreed, the water stored in each reservoir will be used in Applicant’s augmentation plan. In order to provide start-up water for up to 15 single-family residences (the “Phase I Development”), and until the reservoirs are operational, the Applicant has entered into an agreement which provides for the purchase of five shares of capital stock in The Consolidated Mutual Water Company (“Consolidated”). The stock ownership allows the Applicant the right to purchase up to 0.40 acre feet per year. Consolidated shall provide Applicant raw water from its Fairmount Reservoir, decreed in Case No. 91CW092. Consolidated has agreed to establish a Paradise Valley pool with water stored under this decree from which Consolidated shall deliver up to 0.40 acre-feet annually. To provide for a five-year supply, a 2.0 acre feet reserve pool shall be maintained during years when Consolidated releases from the reserve pool up to 0.40 acre-feet annually. In the event that the reserve pool is exhausted, Consolidated shall provide any other reusable decreed source to the Applicant’s plan of augmentation in order to deliver up to 0.40 acre-feet per year. As a Consolidated shareholder, the Applicant shall have use of this water until such time when on-site storage has been developed and water is available. During the Phase I Development, Applicant will use the water supplied by Consolidated to provide augmentation water for up to 15 homes. The State Engineer’s office will grant up to 15 well permits for in-house use only wells to support the single-family units. Applicant will replace depletions by trucking water to the locations of Paradise Valley Reservoirs 2 and 3 and make releases directly into Pickle Gulch, as directed by the Water Commissioner. Applicant will notify the Water Commissioner no less than 48 hours prior to release as to the time and place of the release so that the Water Commissioner may be in attendance if he so chooses. In addition, the Applicant will provide the Division Engineer for Water Division No. 1 with copies of signed delivery receipts within two weeks of water delivery. Upon completion of the Reservoirs, and after the initial fill of on-site storage sufficient to provide a three-year supply to the Phase I Development previously served by the Consolidated water, the on-site storage will replace the Consolidated supply for these homes and will supply storage for the entire development up to full buildout. Thereafter, the State Engineer’s office will


22

issue additional well permits only when a three-year supply of augmentation water is stored to supply all existing homes and any homes planned for that year, which will include the supply required to augment depletions previously replaced by the Consolidated water. Releases will be made from the Reservoirs directly into Pickle Gulch, at the direction of the Water Commissioner, and said releases will be recorded by meters. During the interval of time since this Court’s entry of its Findings of Fact, Conclusions of Law, Judgment and Decree of the Water Court in Case No. 94CW295, in continuing the development of these conditional water rights, Applicant has been engaged in the legal defense and protection of said water rights, and has continued in the planning, designing, and exploration of the physical and business problems associated with the construction and use of the Reservoirs and the water rights involved. During the current diligence period (October 1996 through October 2002), the following work has been performed and expenses incurred: A. Costs incurred in the design of the reservoirs, project management, as well as handling the review and approval process through the State Engineer’s office: $310,000.00. Included in this amount are costs incurred for survey services. B. Construction of Reservoir No. 2 is nearly complete and the “as built” drawings will be submitted to the state for final approval in the near future. Construction costs incurred for the Reservoirs totaled: $1,119,000.00. C. Legal fees were expended in defending water rights, and by participating in adjudicatory proceedings. D. An Affidavit by Applicant, attached as Exhibit B, verifies the work, planning and expenditures as set forth above. During this diligence period, the grand total expended, as outlined above, is $1,429,000.00. 5. Name and address of owner of the land on which the Reservoirs are located, upon which water will be stored, and upon which water will be placed to beneficial use: Applicant. WHEREFORE, Applicant respectfully requests that this Court enter a decree finding that Applicant has exercised reasonable diligence in the development of the conditional water rights decreed to Paradise Valley Reservoir No. 2 and Paradise Valley Reservoir No. 3 which are the subject of this application, and for such other and further relief as this Court deems just and proper. (Application and attachments; 10 pages) 2002CW238 UNITED STATES DEPARTMENT OF THE ARMY (c/o United States Department of the Army, c/o Major M. Weslyn Erickson, Rocky Mountain Arsenal, Building 111, Commerce City, Colorado 80022-1748, Telephone: 303-289-0147) APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION AND FOR CONDITIONAL AND ABSOLUTE GROUNDWATER RIGHTS, IN ADAMS COUNTY. 2. Prior decrees for structures: 2.a. Name of Structure: United States of America Rocky Mountain Arsenal Well No. 387. 2.a.(1) Legal description of the structure: SW Quarter NW Quarter, Section 4, Township 3 South, Range 67 West of the 6th P.M., Adams County, Colorado, at a point North 89 Degrees 32 Minutes 00 Seconds East, 1,138.28 feet from the West Quarter Corner of said Section 4. 2.a.(2) Source of water: Ground water 2.a.(3) Depth of structure: 108.33 feet. 2.a.(4) Pumping rate of the structure: 750 gallons per minute (1.67 c.f.s.). 2.a.(5) Appropriation date of the structure: August 6, 1956, to which date said well is entitled to antedation as decreed in Case No. W-9160(a)-77, entered on December 16, 1994. 2.a.(6) Pursuant to said decree, the water may be used for the following industrial uses on the Rocky Mountain Arsenal property: 2.a.(6)(a) Maintenance of lake levels in Lake Ladora and Lake Mary for control of industrial pollution. 2.a.(6)(b) Supply to quench facility for Basin F remediation. 2.a.(6)(c) Supply to wastewater treatment plant used in remediation of Rocky Mountain Arsenal contamination, and 2.a.(6)(d) Bioremediation. 2.a.(7) Use of this well under said Decree together with the wells decreed contemporaneously in Cases Nos. W-9161-77 and W-9162-77 is limited to a combined annual volume of 466 acre-feet. 2.b. Name of Structure: The United States of America Rocky Mountain Arsenal Well No. 385. 2.b.(1) Legal Description of Structure: NE Quarter NW Quarter of Section 4, Township 3 South, Range 67 West of the 6th P.M., Adams County, Colorado, at a point North 36 Degrees 32 Minutes 53 Seconds East, 2,563.17 feet from the West Quarter corner of said Section 4. 2.b.(2) Source of water: Ground water. 2.b.(3) Depth of structure: 105.08 feet. 2.b.(4) Pumping rate of the structure: 900 gallons per minute (2.00 c.f.s.). 2.b.(5) Appropriation date of the structure: May 15, 1955, to which date said well is entitled to antedation as decreed in Case No. W-9161-77, entered on December 16, 1994. 2.b.(6) Pursuant to said Decree, the water may be used for the following industrial uses on the Rocky Mountain Arsenal property: 2.b.(6)(a) Maintenance of lake levels in Lake Ladora and Lake Mary for control of industrial pollution. 2.b.(6)(b) Supply to quench facility for Basin F remediation. 2.b.(6)(c) Supply to wastewater treatment plant used in remediation of Rocky Mountain Arsenal contamination, and 2.b.(6)(d) Bioremediation. 2.b.(7) Use of this well under said Decree together with the wells decreed contemporaneously in Cases Nos. W-9160(a)-77 and W-9162-77 is limited to a combined annual volume of 466 acre-feet. 2.c. Name of Structure: United States of America Rocky Mountain


23

Arsenal Well No. 386. 2.c.(1) Legal Description of Structure: SW Quarter NW Quarter of Section 4, Township 3 South, Range 67 West of the 6th P.M., Adams County, Colorado, at a point North 48 Degrees 13 Minutes 57 Seconds East, 1,490.03 feet from the West Quarter corner of said Section 4. 2.c.(2) Source of water: Ground water. 2.c.(3) Depth of structure: 98.08 feet. 2.c.(4) Pumping rate of the structure: 900 gallons per minute (2.00 c.f.s.). 2.c.(5) Appropriation date of the structure: May 15, 1955, to which date said well is entitled to antedation pursuant to the decree entered in Case No. W-9162-77 on December 16, 1994. 2.c.(6) Pursuant to said decree, this well may be used for the following industrial uses on the Rocky Mountain Arsenal property: 2.c.(6)(a) Maintenance of lake levels in Lake Ladora and Lake Mary for control of industrial pollution. 2.c.(6)(b) Supply to quench facility for Basin F remediation. 2.c.(6)(c) Supply to wastewater treatment plant used in remediation of Rocky Mountain Arsenal contamination, and 2.c.(6)(d) Bioremediation. 2.c.(7) Use of this well under said Decree together with the wells decreed contemporaneously in Cases Nos. W-9160(a)-77 and W-9161-77 is limited to a combined annual volume of 466 acre-feet. 3. Conditional and absolute groundwater rights: 3.a. Name of Structure: United States of America Rocky Mountain Arsenal Well No. 387. This well was originally adjudicated under the decree in Case No. W-9160(a)-77, entered on December 16, 1994, antedated to August 6, 1956, for 750 gallons per minute (1.67 c.f.s.). Use of this well under said Decree together with the wells decreed contemporaneously in Cases Nos. W-9161-77 and W-9162-77 was limited to a combined annual volume of 466 acre-feet. By this application, the applicant seeks adjudication of an incremental increase of 150 gallons per minute (0.33 c.f.s.), absolute, for a total pumping rate of 900 gallons per minute (2.00 c.f.s.), absolute for this well. Applicant also seeks the adjudication of an incremental increase in the maximum annual pumping volume for this well in conjunction with the wells decreed in Cases Nos. W-9161-77 and W-9162-77 of 734 acre feet, of which 199 acre feet is claimed absolute and 535 acre feet is claimed conditional. The incremental increase sought in this application for this well was permitted under Well Permit No. 056333-F, issued on August 20, 2001. 3.a.(1) Legal description of the structure: SW Quarter NW Quarter, Section 4, Township 3 South, Range 67 West of the 6th P.M., Adams County, Colorado, at a point North 89 Degree 32 Minutes 00 Seconds East, 1,138.28 feet from the West Quarter Corner of said Section 4. 3.a.(2) Source of water: Ground water 3.a.(3) Depth of structure: 108.33 feet. 3.a.(4) Pumping rate of the structure: An incremental increase of 150 gallons per minute (0.33 c.f.s.), for a total pumping rate of 900 gallons per minute (2.00 c.f.s.), absolute. Use of this well in conjunction with the United States of America Rocky Mountain Arsenal Well No. 385 and the United States of America Rocky Mountain Arsenal Well No. 386 shall be limited to a combined annual volume of 1,200 acre feet, of which 466 acre feet were decreed absolute by the decrees in Cases Nos. W-9160(a)-77, W-9161-77, and W-9162-77, 199 acre feet are sought to be decreed absolute by this application, and 535 acre feet are sought to be decreed conditional by this application. 3.a.(5) Appropriation date of the incremental increase sought by this application: March 26, 1999. 3.a.(6) Describe how appropriation was initiated: By formation of intent to appropriate ground water in the additional annual amount of 734 acre feet per year, and to increase pumping of this well from 750 g.p.m. to 900 g.p.m., applying for a substitute water supply plan for increased well pumping, and by pumping the well at the increased pumping rate of 900 g.p.m. and increased absolute amount. 3.a.(7) Date water was placed to beneficial use: Pursuant to the Statement of Beneficial Use filed on October 1, 2002 for Permit No. 56333-F, 900 g.p.m. of water from this well was placed to beneficial use on August 20, 2001. During the one-year period from September 1, 2001 through August 31, 2002, 665 acre feet was pumped and placed to beneficial use from this well, combined with water pumped from the United States of America Rocky Mountain Arsenal Well No. 385 and the United States of America Rocky Mountain Arsenal Well No. 386. The 199 acre-feet pumped in excess of the 466 acre-feet previously decreed is claimed as absolute in this Application. 3.a.(8) Proposed uses: The water may be used for the following industrial uses on the Rocky Mountain Arsenal property: 3.a.(8)(a) Maintenance of lake levels in Lake Ladora and Lake Mary for control of industrial pollution. 3.a.(8)(b) Supply to wastewater treatment plant used in remediation of Rocky Mountain Arsenal contamination, and 3.a.(8)(c) Bioremediation. 3.a.(9) Names and addresses of the property upon which the structure is located: This well is located on land owned by the Applicant and the water will be used on land owned by the Applicant. The well location and place of use are generally shown on Figure 1, attached hereto. 3.b. Name of Structure: The United States of America Rocky Mountain Arsenal Well No. 385. This well was originally adjudicated under the decree in Case No. W-9161-77, entered on December 16, 1994, antedated to May 15, 1955, for 900 gallons per minute (2.00 c.f.s.). Use of this well under said decree together with the wells decreed contemporaneously in Cases Nos. W-9160(a)-77 and W-9162-77 was limited to a combined annual volume of 466 acre-feet. By this application, the applicant seeks the


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adjudication of an incremental increase in the maximum annual pumping volume of this well in conjunction with the wells decreed in Cases Nos. W-9160(a)-77 and W-9162-77 of 734 acre feet, of which 199 acre feet is claimed absolute and 535 acre feet is claimed conditional. The incremental increase sought in this application for this well was permitted under Well Permit No. 056332-F, issued on August 20, 2001. 3.b.(1) Legal Description of Structure: NE Quarter NW Quarter of Section 4, Township 3 South, Range 67 West of the 6th P.M., Adams County, Colorado, at a point North 36 Degrees 32 Minutes 53 Seconds East, 2,563.17 feet from the West Quarter corner of said Section 4. 3.b.(2) Source of water: Ground water. 3.b.(3) Depth of structure: 105.08 feet. 3.b.(4) Pumping rate of the structure: 900 gallons per minute (2.00 c.f.s.), absolute, as previously decreed in Case No. W-9161-77. Use of this well in conjunction with the United States of America Rocky Mountain Arsenal Well No. 385 and the United States of America Rocky Mountain Arsenal Well No. 386 shall be limited to a combined annual volume of 1,200 acre feet, of which 466 acre feet were decreed absolute by the decrees in Cases Nos. W-9160(a)-77, W-9161-77, and W-9162-77, 199 acre feet are sought to be decreed absolute by this application, and 535 acre-feet are sought to be decreed conditional by this application. 3.b.(5) Appropriation date of the incremental increase sought by this application: March 26, 1999. 3.b.(6) Describe how appropriation was initiated: By formation of intent to appropriate ground water in the additional annual amount of 734 acre feet per year, applying for a substitute water supply plan for increased well pumping, and by pumping the well at the increased absolute amount. 3.b.(7) Date water was placed to beneficial use: During the one-year period from September 1, 2001 through August 31, 2002, 665 acre feet was pumped and placed to beneficial use from this well, combined with water pumped the United States of America Rocky Mountain Arsenal Well No. 387 and the United States of America Rocky Mountain Arsenal Well No. 386. The 199 acre-feet pumped in excess of the 466 acre-feet previously decreed is claimed as absolute in this Application. 3.b.(8) Proposed uses: The water may be used for the following industrial uses on the Rocky Mountain Arsenal property: 3.b.(8)(a) Maintenance of lake levels in Lake Ladora and Lake Mary for control of industrial pollution. 3.b.(8)(b) Supply to wastewater treatment plant used in remediation of Rocky Mountain Arsenal contamination, and 3.b.(8)(c) Bioremediation. 3.b.(9) Names and addresses of the property upon which the structure is located: This well is located on land owned by the Applicant and the water will be used on land owned by the Applicant. The well location and place of use is generally shown on Figure 1, attached hereto. 3.c. Name of Structure: United States of America Rocky Mountain Arsenal Well No. 386. This well was originally adjudicated under the decree in Case No. W-9162-77, entered on December 16, 1994, antedated to May 15, 1955, for 900 gallons per minute (2.00 c.f.s.). Use of this well under said decree together with the wells decreed contemporaneously in Cases Nos. W-9160(a)-77 and W-9161-77 was limited to a combined annual volume of 466 acre-feet. By this application, the applicant seeks an adjudication of an incremental increase in the maximum annual pumping volume of this well in conjunction with the wells decreed in CasesNos. W-9160(a)-77 and W-9161-77 of 734 acre feet, of which 199 acre feet is claimed absolute and 535 acre feet is claimed conditional. The incremental increase sought in this application for this well was permitted under Well Permit No. 056331-F, issued on August 20, 2001. 3.c.(1) Legal Description of Structure: SW Quarter NW Quarter of Section 4, Township 3 South, Range 67 West of the 6th P.M., Adams County, Colorado, at a point North 48 Degrees 13 Minutes 57 Seconds East, 1,490.03 feet from the West Quarter corner of said Section 4. 3.c.(2) Source of water: Ground water. 3.c.(3) Depth of structure: 98.08 feet. 3.c.(4) Pumping rate of the structure: 900 gallons per minute (2.00 c.f.s.), absolute, as previously decreed in Case No. W-9161-77. Use of this well in conjunction with the United States of America Rocky Mountain Arsenal Well No. 385 and the United States of America Rocky Mountain Arsenal Well No. 387 shall be limited to a combined annual volume of 1,200 acre feet, of which 466 acre feet were decreed absolute by the decrees in Cases Nos. W-9160(a)-77, W-9161-77, and W-9162-77, 199 acre feet are sought to be decreed absolute by this application, and 535 acre-feet are sought to be decreed conditional by this application. 3.c.(5) Appropriation date of the incremental increase sought by this application: March 26, 1999. 3.c.(6) Describe how appropriation was initiated: By formation of intent to appropriate ground water in the additional annual amount of 734 acre feet per year, applying for a substitute water supply plan for increased well pumping and then by pumping the wells at the increased rate and amount. 3.c.(7) Date water was placed to beneficial use: During the one-year period from September 1, 2001 through August 31, 2002, 665 acre feet was pumped and placed to beneficial use from this well, combined with water pumped from the United States of America Rocky Mountain Arsenal Well No. 387 and the United States of America Rocky Mountain Arsenal Well No. 385. The 199 acre-feet pumped in excess of the 466 acre-feet previously decreed is claimed as absolute in this Application. 3.c.(8) Proposed uses: The water may be used for the following


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industrial uses on the Rocky Mountain Arsenal property: 3.c.(8)(a) Maintenance of lake levels in Lake Ladora and Lake Mary for control of industrial pollution. 3.c.(8)(b) Supply to wastewater treatment plant used in remediation of Rocky Mountain Arsenal contamination, and 3.c.(8)(c) Bioremediation. 3.c.(9) Names and addresses of the property upon which the structure is located: This well is located on land owned by the Applicant and the water will be used on land owned by the Applicant. The well location and place of use is generally shown on Figure 1, attached hereto. 4. Plan for augmentation: 4.a. Names of structures to be augmented: United States of America Rocky Mountain Arsenal Well No. 385, United States of America Rocky Mountain Arsenal Well No. 386, and United States of America Rocky Mountain Arsenal Well No. 387, more particularly described in paragraph 2, above, and in paragraph 3, above. 4.b. Description of proposed plan of augmentation: Pursuant to this plan of augmentation, the three wells described above are expected to withdraw ground water at times when their water rights are not in priority. Such operations have taken place in years 1999, 2000, 2001, and 2002 pursuant to a State-approved substitute water supply plan. Pursuant to C.R.S. 37-92-308, approval of a substitute water supply plan for years beginning in 2003 requires a Water Court application first be filed for approval of a plan for augmentation. Hence, this application is being filed. Water withdrawn from the wells pursuant to this application will be augmented when the water rights originally decreed to the wells pursuant to the above decrees are not in priority and/or when the annual amount pumped is in excess of the 466 acre-feet in the original decrees. Augmentation water will be provided from augmentation sources described below in this application. 4.b.(1) Pumping of the wells under this plan of augmentation shall not exceed 1,200 acre-feet in any one calendar year. 4.b.(2) Pumping will begin under this plan of augmentation no earlier than January 1, 2003, and shall cease no later than October 31, 2011. 4.b.(3) Pursuant to previously approved substitute water supply plans or temporary substitute supply plans, it has been established that depletions by the wells cease seven (7) years after pumping occurs, pursuant to the lagged schedule set forth below: 4.b.(3)(a) approximately 32.5 percent in first year; 4.b.(3)(b) approximately 28.8 percent in second year; 4.b.(3)(c) approximately 17.1 percent in third year; 4.b.(3)(d)approximately 10.1 percent in fourth year; 4.b.(3)(e) approximately 6.0 percent in fifth year; 4.b.(3)(f) approximately 3.5 percent in sixth year; 4.b.(3)(g) approximately 2.1 percent in seventh year. 4.b.(4) Thus, depletions will cease no later than October 31, 2018 under this plan of augmentation. 4.b.(5) Water used from the wells under the plan of augmentation will be used for bioremediation purposes, including, but not limited to, lake level maintenance on the Rocky Mountain Arsenal, dust control, irrigation of revegetated areas and of the parade ground at the Arsenal and other remediation purposes. 4.b.(6) The consumptive use as a percentage of water applied to each of these uses is estimated to be 100 percent, with the exception of lake level maintenance. Seepage from the lakes at the Rocky Mountain Arsenal is estimated at 8 acre-feet per month. Net well depletions are estimated to equal the gross monthly well depletion less the portion of lake seepage attributed to well pumping. 4.b.(7) Depletions from pumping will vary as pumping varies in each year of remediation. One such scenario is set forth in Exhibit 1, hereto. 4.c. Sources of augmentation water are: 4.c.(1) The primary source of augmentation water shall be augmentation water provided pursuant to the contract entered into on July 11, 2001 between the United States Department of the Army and the South Adams County Water and Sanitation District, pursuant to which the South Adams County Water and Sanitation District has agreed to make its excess augmentation credits available to the United States Department of the Army. The anticipated availability of SACWSD excess augmentation credits is set forth in Exhibit 2, attached hereto. 4.c.(2) A secondary and backup source of augmentation water is augmentation water provided pursuant to the Amendment to Nonpotable Water Lease Agreement for Rocky Mountain Arsenal entered into effective July 1, 2002 between the City and County of Denver, a municipal corporation of the State of Colorado, acting by and through its Board of Water Commissioners, and the United States of America, acting through the United States Department of the Army and the United States Fish and Wildlife Service. (10 pages; with 3 pages of exhibits) 2002CW239 (95CW058) (88CW009) (81CW463) The City and County of Broomfield (formerly the City of Broomfield) (c/o Harvey W. Curtis, Esq., 1675 Larimer Street, Suite 715, Denver, Colorado 80202, (303) 292-1144) APPLICATION FOR FINDING OF REASONABLE DILIGENCE , IN JEFFERSON COUNTY. 2. Name of structure: Great Western Reservoir, Broomfield Enlargement. 3. Describe conditional water right giving the following from the Referee's Ruling and Judgment and Decree: 3.a. Date of original Findings and Ruling of the Referee and Decree of the Water Court: February 23, 1984, Case No. 81-CW-463, by the District Court, Water Division No. 1, State of Colorado. 3.b. The legal description of the location of the location in Jefferson County, Colorado of the


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Reservoir listed in said Ruling and Decree is as follows: Great Western Reservoir, as enlarged, will be located generally in the North Half of Section 7 and the South Half of Section 6, Township 2 South, Range 69 West of the 6th Principal Meridian. The legal description of elevation control line, Great Western Reservoir, new dam wing for Broomfield Enlargement is more particularly described as follows: Commencing at the Southwest corner of Section 5, Township 2 South, Range 69 West of the 6th Principal Meridian; thence South 13 Degrees 55 Minutes 10 Seconds West, 862.81 feet to a point; said point being a cross cut on the top of the Great Western Reservoir spillway (elevation = 5608.85 feet U.S.G.S.) and also the True Point of Beginning; thence North 14 Degrees 59 Minutes 06 Seconds West the following 3 courses and distances: 1473.66 feet to a point on a knoll (elevation = 5678.29 feet); 916.17 feet to a low point (elevation = 5637.68 feet); 975.92 feet to a point of terminus (elevation = 5680.00 feet). 3.c. Source of water: Clear Creek, a tributary of the South Platte River. 3.d. Appropriation Date: March 25, 1981. 3.e. Amount: 25,264 acre-feet remaining conditional of the 26,000 acre-feet originally decreed in Case No. 81-CW-463. 3.f. Decreed uses: Use in the Broomfield municipal water supply system as it now or may hereafter exist by the City of Broomfield, now the City and County of Broomfield, or those users to whom it provides water for beneficial uses including municipal, domestic, commercial, irrigation, industrial, recreation, piscatorial, exchange, replacement, plans of augmentation and irrigation of city parks and open space. 3.g. Dam description and capacity: maximum height of dam in feet: 133 feet; length of proposed dam in feet: 7,000 feet; total capacity of reservoir in acre-feet: 26,000 acre-feet; capacity of reservoir in acre-feet from bottom of outlet tube to lowest point on spillway: 25,560 acre-feet; capacity of reservoir in acre-feet from the bottom of the outlet to the lowest point in the reservoir: 440 acre-feet. Present capacity of Great Western Reservoir: approximately 3,250 acre-feet. 3.h. Name and capacity decreed in Case No. 81-CW-463 of the ditch leading to or supplying water to the reservoir: Golden City Ralston Creek and Church Ditch, commonly known as the Church Ditch, at the rate of 50 c.f.s. from Clear Creek. 4. Previous Diligence Rulings and Absolute Decree: 4.a. Applicant filed an Application for Quadrennial Finding of Reasonable Diligence and to Make Absolute a Conditional Water Right in Part in Case No. 88-CW-009 on January 29, 1988. On March 9, 1989, nunc pro tunc January 17, 1989, the Court entered the Findings of Fact, Order, Judgment and Decree in Case No. 88-CW-009, granting the application to make 736 acre-feet of water absolute and continuing the remaining 25,264 acre-feet of the conditional water right in full force and effect until January 31, 1992. The period for showing reasonable diligence was extended to January 31, 1994, by an Order entered March 6, 1991. The period of reasonable diligence was further extended to March 31, 1995 by an Order entered November 10, 1993. 4.b. Applicant filed an Application for Finding of Reasonable Diligence in Case No. 95-CW-058 on March 31, 1995. On October 8, 1996, the Court entered the Findings of Fact, Order, Judgment and Decree in Case No. 95-CW-058, granting the application to have 25,264 acre-feet of water continued as a conditional water storage right. 5. Detailed outline of what diligence has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: 5.a. Since the current diligence period began, expenditures by the Applicant for legal fees, design, engineering, materials, construction and construction planning relating to this appropriation are in excess of $1,014,000. 5.b. Work completed in the diligence period to date includes: planning activities concerning use and operation of Great Western Reservoir; conversion of the Great Western Reservoir into a storage site for non-potable water; a probable maximum precipitation (PMP) study for Great Western Reservoir; a morphometric analysis of Great Western Reservoir; planning and construction of dam improvements at Great Western Reservoir, including stabilization of the structure; pipeline construction on Rocky Flats to avoid commingling of water from the Rocky Flats Environmental Technology Site with non-potable Broomfield water; planning and construction of piping and pump stations for nonpotable water; pipeline construction from the Broomfield Wastewater Treatment Plant to Great Western Reservoir; planning and construction work with regard to spillway enlargement; participation in the Northwest Quadrant Cooperative Study; resurvey of the Great Western Reservoir property; resurvey of Great Western Reservoir property; preservation of the enlargement capacity of Great Western Reservoir in siting the City and County’s Detention Facility, Police Training area and Public Works Maintenance Campus, and in siting the Jefferson Parkway alignment; and maintenance of Great Western Reservoir. An outline of these activities is provided in Attachment A (hereby incorporated herein). (5 pages; with 7 pages of exhibits) 2002CW240 THE CENTER OF COLORADO WATER CONSERVANCY DISTRICT, a Colorado Municipal Corporation, LEON J. KRAIN AND MARY C. KRAIN, LAWLOR WAKEM, HOLLY SPRINGS WATERWAY, LLC., a Colorado Limited Liability Company, THE FRIDA WAHL TRUST


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AND THE FRIEDA BARGAS REVOCABLE TRUST, IN PARK COUNTY. (James W. Culichia, James G. Felt, Felt, Monson & Culichia, LLC, 319 North Weber Colorado Springs, CO 80903. Telephone: (719) 471-1212 E-mail: [email protected] Application for Change of Water Rights, Adjudication of a Plan for Augmentation Appropriative

Rights of Exchange, Surface Water Rights and Water Storage Rights, IN PARK COUNTY.

1. Name, Addresses and Telephone Numbers of Applicants:

Center of Colorado Water Conservancy District ("CCWCD") Attn: Daniel J. Drucker, President P.O. Box 1747 Fairplay, CO 80440-1747 719-836-1919 Leon J. Krain and Mary C. Krain ("Krain") 2274 Harbour Court Drive Longboat Key, Florida, 34228 941-383-9674 or 719-836-3602

Lawlor Wakem ("Wakem") 14709 County Road 77 Jefferson, CO 80456 719-836-0673

Holly Springs Waterway, LLC ("Holly Springs") Attn: Kurt Kratz 12 Cove Lane Hattiesburg, MS 39402 601-268-5995

The Frida Bargas Revocable Trust Frieda Wahl Trust c/o Barbara Meneely, Trustee c/o Frida Bargas,

Trustee First National Bank of Colorado First National Bank of

Colorado Trust Division Trust Division 555 17th Street, Suite 3400 555 17th Street, Suite

3400 Denver, CO 80202 Denver, CO 80202 303-308-3870. 303-308-3870

(collectively referred to as the "Wahl/Bargas Trusts"). In this Application, the six co-applicants will be either referred to by name as described above or collectively as "Applicants." 2. Description of Structures and Water Rights for Which Changes Are Sought:

A. The McCartney Ditch.

1. Decree Information. The water right being changed represents a undivided three eighths (3/8) interest in the McCartney Ditch water right consisting of the right to divert 75 cfs with an appropriation date of May 20, 1885 (Priority No. 199) from Tarryall Creek through the headgate of the McCartney Ditch, as described in the decree entered by the Park County District Court in Case No. 341, “In the Matter of the Adjudication of Water Rights for Irrigation in Water District No. 23,” on October 18, 1889 (referred to herein as the "McCartney Ditch").


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2. Decreed Point of Diversion: On Tarryall Creek, whence the west quarter corner of section 24 township 8, south of Range 76 west, in Park County, Colorado, bears N. 82° 38’E. 10119 feet distant. The Applicants have determined that the decreed location of the McCartney Ditch headgate is erroneous and is not located on Tarryall Creek, but rather in the middle of a field; the actual and historical point of diversion of the McCartney Ditch is as follows: in the SW1/4 of the SE1/4 of Section 22, Township 8 South, Range 76 West, 6th P.M., 364 feet from the south section line and 1758 feet from the east section line.

3. Source: Tarryall Creek, tributary to South Platte River.

4. Appropriation Date: May 20, 1885.

5. Historic Use. See Paragraph 4.

B. The Sessions Ditch.

a. Decree Information. An undivided one third (1/3) interest in the Sessions

Ditch water right, consisting of the right to divert 3.5 cfs with an appropriation date of July 31, 1880 (Priority No. 127) from Michigan Creek as described in the decrees entered by the Park County District Court in Case No. 341, “In the Matter of the Adjudication of Water Rights for Irrigation in Water District No. 23,” on October 18, 1889 and July 30, 1896 (referred to herein as the "Sessions Ditch").

2. Decreed Point of Diversion: On Michigan Creek at a point in the SE 1/4,

SE 1/4, Section 13, Township 8 South, Range 76 West, 6th P.M. Park County, Colorado 15 rods below where the Denver and South Park Rail Road crosses said Creek.

3. Source. Michigan Creek, tributary to Tarryall Creek, tributary to the

South Platte River.

4. Appropriation Date: July 31, 1880.


C. The Michigan Ditch.

1. Decree Information. The Michigan Ditch water right, consisting of the right to divert 2.0 cfs with an appropriation date of June 30, 1875 (Priority No. 53) from Michigan Creek through the headgate of the Michigan Ditch as described in the decrees entered by the Park County District Court in Case No. 341, “In the Matter of the Adjudication of Water Rights for Irrigation in Water District No. 23" on October 18, 1889 and July 30, 1896 (referred to herein as the "Michigan Ditch").

2. Decreed Point of Diversion: On Michigan Creek at a point in the SE 1/4,

NE1/4 of Section 2, Township 9 South, Range 75 West, 6th P.M. Park County, Colorado.

3. Source. Michigan Creek, tributary to Tarryall Creek, tributary to the

South Platte River.

4. Appropriation Date: June 30, 1875.


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D. The Tarryall Ditch.

1. Decree Information. The Tarryall Ditch water right, consisting of the right

to divert 7.9 cfs with appropriation date of June 15, 1875 (Priority No. 52) from Tarryall Creek through the headgate of the Tarryall Ditch, as described in the decree entered by the Park County District Court in Case No. 341, “In the Matter of the Adjudication of Water Rights in Water District No. 23,” on October 18, 1889 and the decree entered in Case No. 84 CW 036 Water Division No. 1 on April 4, 1989 (referred to herein as the "Tarryall Ditch").

2. Decreed Point of Diversion: On Tarryall Creek at a point in the SE 1/4,

NW 1/4 of Section 11, Township 9 South, Range 75 West, 6th P.M. Park County, Colorado.

3. Source: Tarryall Creek, tributary to South Platte River.

4. Appropriation Date: June 15, 1875.


The above four water rights shall be collectively referred to in this Application as the "Water Rights."

3. Ownership Interest of Respective Applicants in the Water Rights. CCWCD, Krain, Wakem and Holly Springs own the Water Rights as tenants in common. Pursuant to a contract between all of the Applicants, Krain, Wakem and Holly Springs each own a 1/3 interest in the first 100 acre feet per year of historic consumptive use water to be adjudicated to the Water Rights in this case. For any amount of historic consumptive use quantified by the Court from the Water Rights in excess of 100 acre feet per year, then, Krain, Wakem and Holly Springs have an option right to acquire up to 2/3 of that amount and CCWCD the remainder of that consumptive use amount in excess of 100 acre feet. The Wahl/Bargas Trusts are the beneficiaries of a deed of trust executed in their favor by the Applicants which deed of trust is secured by a portion of the Water Rights. 4. Historic Use of Water Rights. The Water Rights have historically been used for irrigation purposes on approximately 300 acres within property known as the Bargas Ranch described and depicted in Exhibit C and attached to this Application. The location of the historically irrigated acreage within the Bargas Ranch is generally set forth on the attached Exhibits A and B. Summaries of the diversion records for each of the four Water Rights are attached to this application as Exhibit D. 5. Summary of Application.

A. Claims Common to All Applicants. Applicants seek to change the type of use and place of use of the Water Rights from irrigation on the Bargas Ranch to various alternate uses, points of diversion and places of use within Park County, Colorado as described below. In this change of water rights, Applicants will quantify the historical consumptive use on an average annual basis which amount of water will then be allocated between the four Applicants as provided in the Agreement between the parties. In the event there is insufficient water available in priority to fulfill each Applicants share of the changed Water Rights, then available water will be allocated pro-rata between the Applicants based upon their respective ownership interest in the


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Water Rights. Applicants will seek separate decrees each of which will be assigned a sub-case number under the main case number identified above.

B. Summary of Individual Applicant's Claims.

1. Summary of CCWCD's Claim. CCWCD seeks a change of its portion of the Water Rights from irrigation to allow such water rights to be diverted and/or stored at new alternate points of diversion and places of storage for all beneficial uses within Park County, Colorado as described in Paragraph 7.B.1. The location of CCWCD's place(s) of use are set forth in Paragraphs 7.A.3 a-g of this Application. In addition, CCWCD seeks adjudication of two conditional water storage rights, two conditional surface water rights and two conditional exchanges. Those claims are described in Paragraphs 10 through 16 of this Application.

2. Summary of Krain's Claim. Krain seeks a change of their portion of the Water

Rights from irrigation to allow such water rights to be diverted and/or stored at new alternate points of diversion and places of storage for all beneficial uses within the Krain Property located in Park County, Colorado which uses are more particularly described in Paragraph 7.B.1 of this Application. In addition, Krain proposes a Plan for Augmentation to allow out of priority depletions for reservoir storage diversions to the three structures identified in Paragraph 8.A of this Application. The legal description of the Krain Property is set forth in the attached Exhibit E.

3. Summary of Wakem's Claim. Wakem seeks a change of his portion of the Water

Rights from irrigation to allow such water rights to be diverted and/or stored at new alternate points of diversion and places of storage for all beneficial uses within the Wakem Property (known as the Eagle Rock Ranch) located in Park County, Colorado which uses are more particularly described in Paragraph 7.C.1 of this Application. The legal description of the Wakem Property is set forth in the attached Exhibit F.

4. Summary of Holly Springs' Claim. Holly Springs seeks a change of a portion of

the Water Rights from irrigation to allow such water rights to be diverted and/or stored at new alternate points of diversion and places of storage for all beneficial uses within the Holly Springs Property and the adjoining Wakem Property located in Park County, Colorado which uses are more particularly described in Paragraph 7.D.1 of this Application. The legal description of the Holly Springs Property is set forth in the attached Exhibit G.

6. Statement of Change of Water Rights. This section represents Applicants' joint request to change the Water Rights as described below. This common claim includes the quantification of historic consumptive use of the Water Rights and quantification of the return flow components resulting from the historic use of those Water Rights.

A. Type and Place of Use. Applicants jointly request that the Water Rights be changed from irrigation to the uses identified for each respective Applicant in Paragraphs 7.A.1, 7.B.1, 7.C.1 and 7.D.1 of this Application. Applicants request that the Water Rights be changed so that their respective shares of the changed Water Rights may be diverted and/or stored for such uses at their own respective alternate points of diversion identified in Paragraphs 7.A.2, 7.B.2, 7.C.2 and 7.D.2 of this Application and beneficially used at the places of use as identified in Paragraphs 7.A.3, 7.B.3, 7.C.3 and 7.D.3 of this Application.


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B. Quantification of Historic Consumptive Use. Applicants seek a quantification in acre feet of the annual historic consumptive use associated with the Water Rights. It is estimated that the average annual historic consumptive use associated with all of the Water Rights is approximately 290 acre feet. Applicants propose to divert and/or store such water at the claimed points of diversion when water is physically available and in priority at the historic points of diversion. Applicants claim the right to divert and/or store such water in whole or in part at any combination of the structures identified in Paragraphs 7.A.2, 7.A.3, 7.B.2, 7.B.3, 7.C.2 and 7.D.2 of this Application, and to use, reuse and successively use to extinction such consumptive use water for the uses described in Paragraphs 7.A.1, 7.B.1, 7.C.1 and 7.D.1 of this Application.

C. Delayed or Non-Irrigation Season Return Flows. Historic non-irrigation season

return flows will be replaced as necessary to prevent material injury to other vested water rights.

D. Rights to be Exercised Independently. Each of the Applicants request the right to

exercise their respective share of the Water Rights as changed by the Water Court when those Water Rights are in priority independently of each other without regard to whether another's right may be exercised at any given time.

E. Future Changes in Use and Place of Use. Each of the Applicants claims the

right, in future Water Court proceedings, to additionally change the use, places of use and to claim additional alternate points of diversion of their respective shares of the historic consumptive use quantified by the Water Court without any additional quantification of historic consumptive use being required in such future proceedings.

F. Correction of Legal Description of McCartney Ditch Point of Diversion.

Applicants request that the decreed legal description of the point of diversion of the McCartney Ditch be corrected to reflect the actual and historic point of diversion as described in Paragraph 2.A.2. of this Application.

7. Applicants' Separate Claims for Use of the Changed Water Rights. Each of the Applicants propose to initially use their respective share of the changed Water Rights as follows:

A. CCWCD's Claims.

1. CCWCD's Uses. CCWCD seeks to use its portion of the Water Rights for all beneficial uses within Park County, Colorado including but not limited to storage for any and all beneficial uses, including augmentation, substitution and exchange, lease, commercial, industrial, irrigation, recreation, domestic, livestock, municipal, fish and wildlife, fire protection including the right to use, reuse, and successively use directly, by exchange or through storage, and to use for substitution and replacement of depletions from, or augmentation of, the use of water from other sources, including some or all of the uses described above.

2. CCWCD's Alternate Points of Diversion. CCWCD's alternate points of

diversion of its share of the Water Rights will as follows:

a. The original point of diversion of the McCartney Ditch identified in Paragraph 2.A above.

b. The CCWCD Sacramento Creek Ditch No. 1 as described in

Paragraph 11.A.3 below.


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c. The Jefferson Creek Ditch No. 1 as described in Paragraph

14.A.3 below.

e. The CCWCD Westerman Ditch Diversion as described in Paragraph 12.A.3 below.

f. Any other structure capable of delivering water as needed to

replace historical delayed return flows as described above.

3. CCWCD's Places of Use. CCWCD's initial places of use of its share of the Water Rights will be as follows:

a. Krain Reservoir. Krain Reservoir is a structure for which

adjudication of a water storage right is pending in Case No. 2000 CW 139, District Court, Water Division No. 1. The dam of Krain Reservoir is located on Packer Gulch in the NE 1/4 of the NE 1/4 of Section 25, Township 8 South, Range 76 West, 6th P.M., Park County, Colorado the left abutment of which is located approximately 300 feet from the east line and 750 feet from the north line of said Section 25. Krain Reservoir has an active capacity of approximately 23 acre feet.

b. Krain Pond No. 1. Krain Pond No. 1 is a structure for which a

water storage right has been adjudicated in Case No. 98 CW 348, District Court, Water Division No. 1. Krain Pond No. 1 is located on Packer Gulch in Section 30, Township 8 South, Range 75 West, 6th P.M., Park County, Colorado approximately 2400 feet south of the north section line and 2640 feet west of the east section line of Section 30. Krain Pond No. 1 has a decreed capacity of approximately 32.7 acre feet, conditional.

c. Krain Pond No. 2. Krain Pond No. 2 is a structure for which a

water storage right has been adjudicated in Case No. 98 CW 348, District Court, Water Division No. 1. Krain Pond No. 2 is located on Packer Gulch in Section 30, Township 8 South, Range 75 West, 6th P.M., Park County, Colorado approximately 2800 feet south of the north section line and 1520 feet west of the east section line of Section 30. Krain Pond No. 2 has a decreed capacity of approximately 35.9 acre feet, conditional.

d. Gloria Z Reservoir. Gloria Z Reservoir is a conditional water

storage right claimed by CCWCD in Paragraph 10 of this Application. The Gloria Z Reservoir is proposed to be located as described in Paragraph 10.A.3 and has a claimed capacity of approximately 240 acre feet, conditional.

e. Johnson Reservoir No. 1. Johnson Reservoir No. 1 is a

conditional water storage right claimed by CCWCD in Paragraph 13 of this Application. The Johnson Reservoir No. 1 is proposed to be located as described in Paragraph 13.A.3 and has a claimed capacity of 95 acre feet, conditional.

f. Within the Krain Property. CCWCD may use its share of the

Water Rights anywhere within the Krain Property which is described on the attached Exhibit E.


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g. Within Park County. CCWCD may use its share of the Water

Rights anywhere within Park County, Colorado.

B. Krain's Claims.

1. Krain's Uses. Krains may use their share of the Water Rights for all beneficial uses including but not limited to irrigation, domestic, commercial, industrial, recreation, stock watering, piscatorial, fire protection, and fish and wildlife; including the right to use, reuse, and successively use directly, by exchange or through storage, and to use for substitution and replacement of depletions from, or augmentation of, the use of water from other sources, including some or all of the uses described above.

2. Krain's Alternate Point(s) of Diversion. Krains alternate point(s) of

diversion of their share of the Water Rights are:

a. At the original point of diversion of the McCartney Ditch identified in Paragraph 2.A above.

b. Any other structure capable of delivering water as needed to replace historical delayed return flows as described above.

3. Krain's Places of Use. Krain's initial places of use of their share of the

Water Rights will be as follows:

a. Krain Reservoir. As described in Paragraph 7. A. 3. a. above.

b. Krain Pond No. 1. As described in Paragraph 7. A. 3. b. above.

c. Krain Pond No. 2. As described in Paragraph 7. A. 3. c. above.

d. The Krain Property. Anywhere within the Krain Property which is described on the attached Exhibit E.

C. Wakem's Claims.

1. Wakem's Uses. Wakem may use his share of the Water Rights for all

beneficial uses including but not limited to irrigation, domestic, commercial, industrial, recreation, stock watering, piscatorial, fire protection, and fish and wildlife; including the right to use, reuse, and successively use directly, by exchange or through storage, and to use for substitution and replacement of depletions from, or augmentation of, the use of water from other sources, including some or all of the uses described above.

2. Wakem's Alternate Points of Diversion. Wakem's alternate points of

diversion of his share of the Water Rights are as follows:

a. The headgate of the Holst No. 2 Ditch on Tarryall Creek located in the NW1/4, SE1/4 NE 1/4, Section 27, Township 9 South, Range 74 West, 6th P.M., Park County Colorado. The Holst No. 2 Ditch is owned by Wakem


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b. The headgate of the Holst and Packer Ditch on Tarryall Creek located in the NE1/4, SE1/4 SW 1/4, Section 27, Township 9 South, Range 74 West, 6th P.M., Park County Colorado. Wakem owns an undivided ½ interest in the Holst and Packer Ditch.

c. Any other structure capable of delivering water as needed to

replace historical delayed return flows as described above. 3. Wakem's Places of Use. Wakem's initial places of use of his share of the

Water Rights will be anywhere on his property known as the Eagle Rock Ranch described in the attached Exhibit F.

D. Holly Springs' Claims.

1. Holly Springs' Uses. Holly Springs may use its share of the Water Rights

for all beneficial uses including but not limited to irrigation, domestic, commercial, industrial, recreation, stock watering, piscatorial, fire protection, and fish and wildlife; including the right to use, reuse, and successively use directly, by exchange or through storage, and to use for substitution and replacement of depletions from, or augmentation of, the use of water from other sources, including some or all of the uses described above.

2. Holly Springs' Alternate Points of Diversion. Holly Springs alternate

points of diversion of its share of the Water Rights are as follows:

a. Holly Springs Alternate Point of Diversion No. 1 is located in the SW 1/4, NW 1/4, Section 6, Township 9 South, Range 74 West, 6th PM, Park County, Colorado approximately 925 feet from the West Section Line and 1900 feet from the South Section Line.

b. Holly Springs Alternate Point of Diversion No. 2 is located in the

NW 1/4, SE 1/4, Section 21, Township 9 South, Range 74 West, 6th PM, Park County, Colorado, 1410 feet from the East Section line and 2850 feet from the South Section Line.

c. At the Wakem alternate points of diversion described in

Paragraphs 7.C. 2.a and 7.C. 2.b above.

d. Any other structure capable of delivering water as needed to replace historical delayed return flows as described above.

3. Holly Springs' Places of Use. Holly Springs initial places of use of its

share of the Water Rights will be anywhere within the Holly Springs Property described in the attached Exhibit G, or on the Wakem property known as the Eagle Rock Ranch described in the attached Exhibit F.

8. Krain's Plan for Augmentation.

A. Names of Structures to be Augmented.

1. Krain Reservoir. See, Paragraph 7.A.3.a. of this Application.

2. Krain Pond No. 1. See, Paragraph 7.A.3.b. of this Application.

3. Krain Pond No. 2. See, Paragraph 7.A.3.c. of this Application.


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B. Water Rights to Be Used for Augmentation.

1. Krain's share of the historic consumptive use decreed to the Water

Rights as provided in this Application.

C. Historic Use of Water Rights to be used for Augmentation. See, Paragraphs 2.A of this Application.

D. Statement of Plan for Augmentation:

1. Krain proposes to divert water from Tarryall Creek at the McCartney

Ditch headgate and to run such water in the McCartney Ditch into Krain Reservoir, Krain Pond No. 1 and Krain Pond No. 2. When Krain's water rights associated with either or all of those structures are out of priority, Krain will replace all out of priority depletions associated with the diversions to those structures by foregoing diversion at the McCartney Ditch headgate of his share of the changed Water Rights in the amount of the out of priority depletions.

E. Names and Addresses of owners of land upon which structures are located.

Leon J. Krain and Mary C. Krain 2274 Harbour Court Drive Longboat Key, Florida, 34228

Mildred Cline, c/o Stephen Cline (McCartney Ditch headgate) P.O. Box 613 Grand Junction, CO 81502

10. Gloria Z Reservoir.

A. Gloria Z Reservoir (conditional water storage right).

1. Name, address and telephone numbers of Applicant. Center of Colorado Water Conservancy District ("CCWCD"). See, Paragraph 1 above.

2. Name of Reservoir. Gloria Z Reservoir.

3. Legal Description of Location of Dam. The Gloria Z Reservoir is

currently operated as gravel pit under Permit No. M-84-094 issued by the State Division of Mining and Geology. The Gloria Z Reservoir is located in portions of the S ½, S ½, Section 29 and the N ½, N ½ Section 32, Township 9 South, Range 77 West, 6th P.M., Park County, Colorado.

4. If off-channel Reservoir, name and capacity of ditch used to fill

Reservoir. CCWCD will fill and refill the Gloria Z Reservoir with surface water diversions from Sacramento Creek pursuant to the water right claimed in Paragraph 11 (CCWCD Sacramento Creek Diversion No. 1) , diversions from the Middle Fork of the South Platte River pursuant to the water right claimed in Paragraph 12 of this Application (CCWCD Westerman Ditch Diversion) and pursuant to the exchange claimed in Paragraph 13 of this Application.

5. Source. Sacramento Creek, tributary to the Middle Fork of the South

Platte River (CCWCD Sacramento Creek Ditch No. 1), the Middle Fork


36

of the South Platte River (CCWCD Westerman Ditch Diversion) and CCWCD's share of the changed Water Rights diverted by exchange.

6. Appropriation.

a. Date of Appropriation. September 5, 2002, Conditional.

b. How appropriation was initiated. Conducting engineering studies

and CCWCD Board of Directors vote at public session to appropriate water right.

c. Date water applied to beneficial use. N/A.

7. Amount Claimed.

a. In acre feet: 240 acre feet, conditional.

b. Rate of diversion in c.f.s. for filling the Reservoir. 5.0 c.f.s.,

conditional.

8. Use. The Gloria Z Reservoir may be used by CCWCD as storage for all beneficial uses as described in Paragraph 7.A.1 above.

9. Surface area of high water line. 8 acres.

10. Total capacity of Gloria Z Reservoir in acre feet.

Active capacity: 240 acre feet. Dead storage: Zero.

11. Name and addresses of owners upon which any structure is or will be

located.

Steve McEvoy PO Box 1346 Breckenridge, CO 80424

11. CCWCD Sacramento Creek Ditch No. 1

A. CCWCD Sacramento Creek Ditch No. 1 (conditional surface water right).


2. Name of structure. CCWCD Sacramento Creek Ditch No. 1.

3. Legal Description of point of diversion. The point of diversion of the

CCWCD Sacramento Creek Ditch No. 1 is located in the SE ¼ of the SW ¼, Section 29, Township 9 South, Range 77 West, approximately 730 feet from the west line and approximately 420 feet from the south line, Park County, Colorado.

4. Source. Sacramento Creek, tributary to the Middle Fork of the South

Platte River.

5. Appropriation.


37





6. Amount Claimed. 5.0 c.f.s., conditional.

7. Use. The CCWCD Sacramento Creek Ditch No. 1 may be used by CCWCD for all beneficial uses as described in Paragraph 7.A.1 above, including to fill and refill the Gloria Z Reservoir and for diversion of CCWCD's share of the Water Rights pursuant to CCWCD's exchange described in Paragraph 13 below.


located.

Steve McEvoy PO Box 1346 Breckenridge, CO 80424

12. CCWCD Westerman Ditch Diversion.

A. CCWCD Westerman Ditch Diversion (conditional surface water right).


2. Name of structure. CCWCD Westerman Ditch Diversion.


CCWCD Westerman Ditch Diversion is located in the NE ¼ of the NW ¼, Section 30, Township 9 South, Range 77 West, approximately 800 feet from the north section line and approximately 2070 feet from the west section line, Park County, Colorado.

4. Source. Middle Fork of the South Platte River.

5. Appropriation.

a. Date of Appropriation. September 5, 2002. Conditional.




6. Amount Claimed. 5.0 c.f.s., conditional. 7. Use. The CCWCD Westerman Ditch Diversion may be used by CCWCD

for all beneficial uses as described in Paragraph 7.A.1 above, including to fill and refill the Gloria Z Reservoir and for diversion of CCWCD's


38

share of the Water Rights pursuant to CCWCD's exchange described in Paragraph 13 below.


located.

Snowstorm Sand & Gravel PO Box 388 Fairplay, CO 80440-0388

13. CCWCD's Claim for Conditional Appropriative Right of Exchange No. 1.

A. Name, address and telephone numbers of Applicant. Center of Colorado Water Conservancy District ("CCWCD"). See, Paragraph 1 above.

B. Identification of Exchange Reaches. The exchange reaches are from the

respective points of diversion of the Water Rights as described in Paragraphs 2.A, 2.B, 2.C and 2.D of this Application to: I) the point of diversion for the CCWCD Sacramento Creek Ditch No. 1 as described in Paragraph 11.A.3 of this Application; and ii) the point of diversion of the CCWCD Westerman Ditch Diversion as described in Paragraph 12.A.3 of this Application.

C. Initiation of Appropriation.

1. Date of Appropriation. September 5, 2002, Conditional.

2. How appropriation was initiated. Conducting engineering studies and

CCWCD Board of Directors vote at public session to appropriate water right.

3. Date water applied to beneficial use. N/A.

D. Description of proposed exchange. CCWCD proposes to divert at the CCWCD

Sacramento Creek Ditch No. 1 and/or CCWCD Westerman Ditch Diversion the amount of water available to CCWCD for diversion from its share of the changed Water Rights and to correspondingly forego diversion of a like amount of its share of the changed Water Rights at CCWCD's alternate points of diversion described in Paragraphs 7.A.2.

E. Source of Water Rights to be used for exchange. CCWCD's share of the

changed Water Rights (the McCartney Ditch, the Sessions Ditch, the Tarryall Ditch and the Michigan Ditch) as described in Paragraphs 2.A, 2.B, 2.C and 2.D of this Application.

F. Rate of proposed exchange. 5.0 c.f.s., conditional.

G. Use. All beneficial uses as described in Paragraph 7.A.1 above.

H. Additional proposed terms and conditions. The exchange will not operate unless

there is a live stream within the exchange reaches of Sacramento Creek and/or the Middle Fork of the South Platte River and in priority senior water rights within the exchange reaches are receiving an adequate physical supply of water.

14. Johnson Reservoir No. 1.

A. Johnson Reservoir No. 1 (conditional water storage right).


39

1. Name, address and telephone numbers of Applicant. Center of Colorado

Water Conservancy District ("CCWCD"). See, Paragraph 1 above.

2. Name of Reservoir. Johnson Reservoir No. 1.

3. Legal Description of Location of Dam. Johnson Reservoir No. 1 is located in the SW ¼, NW ¼ Section 31, Township 7 North, Range 75 West, Park County, Colorado.

4. If off-channel Reservoir, name and capacity of ditch used to fill

Reservoir. CCWCD will fill and refill Johnson Reservoir No. 1 with surface water diversions from Jefferson Creek pursuant to the water right claimed in Paragraph 15 of this Application and by exchange of CCWCD's share of the changed Water Rights as described in Paragraph 16 of this Application, including diversions into storage by exchange of non-irrigation season return flows associated with the changed Water Rights.

5. Source. Jefferson Creek, tributary to Michigan Creek, tributary to

Tarryall Creek, tributary to the South Platte River.

6. Appropriation.

a. Date of Appropriation. September 5, 2002, Conditional. b. How appropriation was initiated. Conducting engineering studies



7. Amount Claimed.

a. In acre feet: 100 acre feet, conditional.

b. Rate of diversion in c.f.s. for filling the Reservoir. 5.0 c.f.s.,

conditional.

8. Use. The Johnson Reservoir No. 1 may be used by CCWCD as storage for all beneficial uses as described in Paragraph 7.A.1 above. In addition, Johnson Reservoir No. 1 may be used for storage and release of non-irrigation season return flows associated with the changed Water Rights.

9. Surface area of high water line. 6.3 acres.

10. Total capacity of Johnson Reservoir No. 1 in acre feet.

Active capacity: 92 a/f. Dead storage: Zero


located.

Helen Johnson 108 County Road 77 Jefferson, CO 80456


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15. Jefferson Creek Ditch No. 1

A. Jefferson Creek Ditch No. 1 (conditional surface water right).


2. Name of structure. Jefferson Creek Ditch No. 1.


Jefferson Creek Ditch No. 1 is located in the NW ¼, NW ¼ Section 31, Township 7 South, Range 65 West,, Park County, Colorado.

4. Source. Jefferson Creek, tributary to Michigan Creek, tributary to

Tarryall Creek, tributary to the South Platte River.

5. Appropriation.


b. How appropriation was initiated. Conducting engineering studies and CCWCD Board of Directors vote at public session to appropriate water right.


6. Amount Claimed. 5.0 c.f.s., conditional.

7. Use. The Jefferson Creek Ditch No. 1 may be used by CCWCD for all

beneficial uses as described in Paragraph 7.A.1 above, including to fill and refill the Johnson Reservoir No. 1 and for diversion of CCWCD's share of the Water Rights pursuant to CCWCD's claim for exchange described in Paragraph 16 below.


located.

Helen Johnson 108 County Road 77 Jefferson, CO 80456

16. CCWCD's Claim for Conditional Appropriative Right of Exchange No. 2.

A. Name, address and telephone numbers of Applicant.

Center of Colorado Water Conservancy District ("CCWCD"). See, Paragraph 1 above.

B. Identification of Exchange Reaches.

1. The exchange reaches are from the respective points of diversion of the

Water Rights as described in Paragraphs 2.A, 2.B, 2.C and 2.D of this Application to the point of diversion on Jefferson Creek of the CCWCD Jefferson Creek Ditch No. 1 as described in Paragraph 15.A.3 of this Application.


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C. Initiation of Appropriation.

1. Date of Appropriation. September 5, 2002, Conditional.

a. How appropriation was initiated. Conducting engineering studies and CCWCD Board of Directors vote at public session to appropriate water right.

3. Date water applied to beneficial use. N/A.

D. Description of proposed exchange. CCWCD proposes to divert at the Jefferson

Creek Ditch No. 1 point of diversion the amount of water available to CCWCD for diversion from its share of the changed Water Rights and to correspondingly forego diversion of a like amount of its share of the changed Water Rights at CCWCD's alternate points of diversion described in Paragraphs 7.A.2. In addition, CCWCD may divert by exchange at the Jefferson Creek Ditch No. 1 the non-irrigation season return flows associated with the changed Water Rights.

E. Source of Water Rights to be used for exchange. CCWCD's share of the

changed Water Rights (the McCartney Ditch, the Sessions Ditch, the Tarryall Ditch and the Michigan Ditch) as described in Paragraphs 2.A, 2.B, 2.C and 2.D of this Application.

F. Rate of proposed exchange. 5.0 c.f.s., conditional.

G. Use. All beneficial uses as described in Paragraph 7.A.1 above.

H. Additional proposed terms and conditions. The exchange will not operate unless

there is a live stream on Jefferson Creek and in priority senior water rights within the exchange reaches are receiving an adequate physical supply of water.

17. Names and Addresses of owners of land upon which structures are located.

McCartney Ditch point of diversion (decreed and actual):

Mildred Cline c/o Stephen R. Cline P.O. Box 613 Grand Junction Tarryall Ditch Point of Diversion

Wahl/Bargas Trusts (See, paragraph 1). Michigan Ditch Point of Diversion

Phyllis J. Coulson 916 24th Street Golden, CO 80401

Sessions Ditch Point of Diversion

Paul D. McDaniel 53 Meadow Lake Drive Lyons, CO 80540

Krain Reservoir, Krain Pond No. 1 and Krain Pond No. 2.


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Leon J. Krain and Mary C. Krain 2274 Harbour Court Drive Longboat Key, Florida, 34228

2002CW241 KELLY AIR PARK ASSOCIATION, INC., Frank B. Niehus, President, 24751 Kolstad Loop, Elbert, CO 80106 (Henry D. Worley, MacDougall, Woldridge & Worley, P.C., 530 Communication Circle, Suite 204, Colorado Springs, CO 80905-1743) Concerning the Application for Water Rights of Kelly Air Park Association, Inc., In Elbert County The applicant herein is Kelly Air Park Association, Inc. / Frank B. Niehus, President / 24751 Kolstad Loop / Elbert, CO 80106. Phone number is 303-648-3461.

I. APPLICATION FOR UNDERGROUND WATER RIGHTS. Background: Kelly Air Park Association, Inc. (The “Association”) is a homeowners association for a 323.73 acre subdivision called Kelly Air Park Amendment II (“Kelly Air Park”), comprising the W1/2 of Section 35, T. 9 S., R. 65 W., 6th P.M. in Elbert County, Colorado. The Association is the fee owner of Tract A, Kelly Air Park (the “Property”), consisting of 64.08 acres. A legal description and map with the location of Kelly Air Park is attached as Exhibit A, and a plat map of Kelly Air Park, which shows the location of the Property (Tract A), is attached hereto as Exhibit B. 1. Names of wells and permit, registration, or denial numbers: No wells have been permitted or constructed on the Property in the Upper Dawson, Denver, Arapahoe or Laramie-Fox Hills aquifers. 2. Legal description of wells: As many wells as are required to efficiently withdraw the water decreed herein shall be constructed at any location on the Property. Applicant waives the 600 foot spacing requirement for all wells constructed on the Property. 3. Source: Not nontributary Upper Dawson aquifer; nontributary Denver aquifer; nontributary Arapahoe aquifer; nontributary Laramie-Fox Hills aquifer. 4.A. Date of appropriation: Not applicable. 4.B. How appropriation was initiated: Not applicable. 4.C. Date water applied to beneficial use: Not applicable. 5. Amount claimed: Upper Dawson aquifer: 15 g.p.m. per well, 17.3 acre feet annually, absolute; Denver aquifer: 250 g.p.m. per well, 25.93 acre feet annually, absolute; Arapahoe aquifer: 250 g.p.m. per well, 28.21 acre feet annually, absolute; Laramie-Fox Hills aquifer: 150 g.p.m. per well, 18.46 acre feet annually, absolute. The above amounts will be changed in any decree entered herein to conform to the State Engineer’s Determination of Facts. The water court will be asked to retain jurisdiction over such decree to enter a final determination of the amount of water available for appropriation from each aquifer based on geophysical logs for such wells. 6. Proposed use: All beneficial uses including augmentation and exchange. 7. Name and address of owner of land on which well is located: Same as applicant. A copy of Applicant’s deed to the Property is attached to this application as Exhibit C. 8. Remarks: There are no liens or encumbrances against the Property, so the notice provisions of C. R.S. §37-90-137(4)(b.5) are not applicable. This decree and all wells decreed herein will comply with all relevant provisions of the Denver Basin Rules and Statewide Nontributary Ground Water Rules.

II. APPLICATION FOR CHANGE OF WATER RIGHTS. 9. From previous decree. On September 19, 1991, the Water Court for Water Division 1 entered a decree in Case No. 87CW237. The applicant was Benjamin F. Kelly, the developer of a subdivision then called Black Forest Glider Park, and now named Kelly Air Park. The decree provided for the augmentation of 56 individual on-lot Upper Dawson aquifer wells by pumping up to 9.87 acre feet of nontributary Lower Dawson aquifer water annually from well permit 34995-F, decreed in Case No. 87CW018, and injecting the water into the Upper Dawson aquifer. Case No. 87CW237 was one of the early efforts under C.R.S. Section 37-90-137(9) to augment depletions caused by pumping Denver Basin water which is not nontributary. Subsequent to this time, such augmentation plans have been refined to provide for replacement of depletions during pumping with septic system and/or irrigation return flows. On October 3, 2002, Mr. Kelly quit claimed to Applicant all of his right, title and interest in and to the plan for augmentation, as well as all of Mr. Kelly’s ownership interest in and to the water in the Lower


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Dawson aquifer underlying Kelly Air Park. A copy of that deed is attached as Exhibit D. Mr. Kelly also assigned well permit no. 34995-F to the Association, by assignment and bill of sale attached as Exhibit E. The Association wishes to change the plan for augmentation as set forth below.

III. CHANGED PLAN FOR AUGMENTATION 10. Name of structures to be augmented: 57 Upper Dawson aquifer wells located on individual lots in Kelly Air Park subdivision, which consists of the W1/2 Section 35, T. 9 S., R. 65 W., 6th P.M. in Elbert County. No other water rights are or will be diverted from these wells. 11. Previous decrees for water rights to be used for augmentation: Case No. 87CW018, Water Division 1, Colorado, decree entered February 10, 1989, for 97.1 acre feet annually. The Lower Dawson aquifer water decreed in Case No. 87CW018 is nontributary. 12. Historic use: Not applicable. 13. Statement of plan for augmentation: This application provides for the augmentation of stream depletions caused by pumping upper Dawson aquifer wells on each of 56 residential lots and one commercial lot. Overall pumping from the Upper Dawson aquifer wells shall not be allowed to exceed 27.5 acre feet, or 0.5 acre feet per well. It is anticipated that the average amount of water used indoors at each residence will not exceed 0.26 acre feet annually, and that the average amount of water used indoors for the sole commercial lot will not exceed 0.5 acre feet. Eighty-five percent of water used for landscape irrigation is typically consumed. All water used for livestock watering is considered to be consumptively used. Replacements during pumping. Based upon computer modeling, depletions to the South Platte basin are expected to gradually increase to a maximum of 8.04% of pumping annually in the 100th year. Based on pumping of 28.5 acre feet annually, stream depletions will equal 2.29 acre feet in the 100th year. Return flows from indoor uses at each residence will average 0.234 acre feet annually. Due to the shallow depth to bedrock in much of Kelly Air Park, construction of non-evaporative septic systems is possible only though use of relatively expensive engineered systems on some lots. To ensure annual replacement of stream depletions during the 100 year pumping period, Applicant will ensure that no fewer than ten septic systems are non-evaporative. Return flows from ten houses at 0.26 acre feet, 90 percent consumptive, will equal 2.34 acre feet, which is adequate to replace stream depletions in the 100th year. Thus, even if all water uses on the Property, other than in-door household uses, are fully consumptive, return flows from ten nonevaporative septic systems are alone are adequate to replace stream depletions during pumping. The only restrictions necessary to ensure that replacements equal or exceed stream depletions are (1) limit annual pumping to 0.5 acre feet per well (28.5 acre feet total), and (2) require construction and use of at least ten nonevaporative septic systems. No other restrictions will be put in the decree regarding the use of water. If the decreed uses are more expansive than the uses allowed pursuant to the subdivision’s covenants, the covenants will control. Replacements after pumping. Stream depletions will reach a maximum of 8.04% of average annual pumping when pumping ceases, theoretically in the 100th year, and will decline thereafter. Applicant shall replace injurious post-pumping depletions with the nontributary Lower Dawson aquifer water decreed in Case No. 87CW018, 28.5 acre feet of which will be reserved for that purpose. However, Applicant seeks to reserve the right to replace such depletions with any judicially acceptable source of augmentation water upon application and notice as required by law. 14. Other. Applicant requests that the decree in Case No. 87CW237 be vacated upon entry of a decree approving the changed plan for augmentation sought herein. After entry of a decree in this case, owners of existing permitted wells in Kelly Air Park will apply for new well permits for the wells, consistent with applicable rules and regulations and with the terms of the decree. (Application and attachments, 11 pages) 2002CW242 Pikes Peak Council, Inc. Boy Scouts of America, Attn: Ross A. Harrop, Scout Executive, 525 East Uintah Street, Colorado Springs, CO 80903-2597. And also North Fork Associates, Mountain Mutual Reservoir Company, Inc., c/o William Blatchley, 2525 South Wadsworth, #306, Denver, CO 80227. (Henry D. Worley, MacDougall, Woldridge &


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Worley, P.C., 530 Communication Circle, Suite 204, Colorado Springs, CO 80905-1743, 719-520-9288).Application for Water Rights, In Park County. Name, address, telephone number of Applicants: Pikes Peak Council, Inc. Boy Scouts of America (“PPC”) / Attn: Ross A. Harrop, Scout Executive / 525 East Uintah Street / Colorado Springs, CO 80903-2597. Phone: 719-634-1584. And also: North Fork Associates / Mountain Mutual Reservoir Company, Inc. (“MMRC”) / c/o William Blatchley / 2525 South Wadsworth, # 306 / Denver, CO 80227. Phone: 303-989-6932.

I. APPLICATION FOR WATER STORAGE RIGHT 1. Name of Reservoir: Lake Hagnauer. A. Location of Dam: The east abutment of the dam is located in the NE1/4 SW1/4 Section 6, T. 13 S., R. 71 W., 6th P.M., Park County, Colorado, approximately 1650 feet from the west section line and 2500 feet from the south section line. B. Source: Rankin Gulch, tributary to the South Platte River. C. Date of appropriation: December 31, 1950. D. How appropriation was initiated: By construction of dam. E. Date water applied to beneficial use: July 30, 1951. F. Amount claimed: 17.16 acre feet, absolute. All active storage. G. Use: Recreational and educational purposes in Boy Scout Camp, piscatorial and wildlife uses, and augmentation. H. Surface area of high water line: 2.18 acres. I. Maximum height of dam in feet: 23 feet. J. Length of dam in feet: 243 feet.

K. Name and address of owners of land on which structure for the water right is located: PPC.

II. APPLICATION FOR UNDERGROUND WATER RIGHTS 2. Names of wells and permit, registration or denial numbers. A. Gate Well, permit no. R-334. (1) Source: ground water alluvial to South Platte River. (2) Depth: 17 feet. (3) Date of appropriation: December 31, 1948. (4) How appropriation was initiated: By construction of well. (5) Date water applied to beneficial use: December 31, 1949. (6) Amount claimed: 30 gpm, absolute. (7) Proposed use: commercial.

(8) Location: SW 1/4 SW1/4 Section 31, T. 12 S., R. 71 W., 6th P.M. (9) Name and address of owner of land on which well is located: PPC. B. Main Well, no permit or denial number. (1) Source: ground water alluvial to Rankin Gulch and South Platte River. (2) Depth: 15 feet. (3) Date of appropriation: December 31, 1948. (4) How appropriation was initiated: By construction of well. (5) Date water applied to beneficial use: December 31, 1949. (6) Amount claimed: 20 gpm, absolute. (7) Proposed use: commercial.

(8) Location: NE1/4 SW1/4 Section 6, T. 13 S., R. 71 W., 6th P.M., Park County. Colorado, approximately 1500 feet from the west section line and 2600 feet from the south section line. (9) Name and address of owner of land on which well is located: PPC.

C. Camp Well Nos. 1 - 3, not yet constructed. No permit or denial numbers. (1) Source: ground water alluvial to South Platte River. (2) Depth: 30 feet. May be constructed as horizontal wells. (3) Date of appropriation: October 31, 2002. (4) How appropriation was initiated: By filing of this application in

Water Court. (5) Date water applied to beneficial use: not applicable. (6) Amount claimed: 100 gpm cumulative, conditional.


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(7) Proposed use: commercial. (8) Location: SW1/4 SW1/4 Section 31, T. 12 S., R. 71 W., 6th P.M., Park County, Colorado. (9) Name and address of owner of land on which well is located: PPC. (10) Remarks. The Camp wells will either be in addition to the Gate Well and the Main Well, or it/they may be used to replace either or both of them. If it/they are used to replace the Gate Well and/or the Main Well, such well(s) that are replaced shall be plugged and abandoned in accordance with applicable regulations. Diversions will be restricted to 100 gpm total regardless of the number of wells ultimately constructed.

III. APPLICATION FOR CONDITIONAL RIGHT OF EXCHANGE 3. Appropriative Right of Exchange. a. Amount: 0.8 cfs, conditional. b. Location: from the confluence of the North Fork of the South Platte and the South Platte Rivers in the SW1/4 SE1/4 Section 25, T. 7 S., R. 70 W., 6th P.M., up the South Platte River to the confluence of Rankin Gulch and the South Platte and thence up Rankin Gulch to Lake Hagnauer. The east abutment of the dam for Lake Hagnauer is located in the NE1/4 SW1/4 Section 6, T. 13 S., R. 71 W. 6th P.M., Park County, Colorado, approximately 1650 feet from the west section line and 2500 feet from the south section line. c. Appropriation Date: October 31, 2002. d. How appropriation was made: by filing this application in Water Court, Water Div. 1.

IV. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION 4. Name of structures to be augmented: Lake Hagnauer, Gate Well, Main Well, Camp Wells Are there other water rights diverted from these structures? No. 5. Previous decrees for water rights to be used for augmentation:

A. Date entered: October 11, 2002. B. Case No. 2000CW174. C. Court: Water Division 1, Colorado.

D. Type of water right: surface. E. Legal description of point of diversion or place of storage: Water attributable to historical consumptive use of the Parmalee Ditch No. 1 and the Carruthers Ditch No. 2 will be left in Deer Creek, and will flow down to the North Fork of the South Platte River and thence to the South Platte River. F. Source: the Parmalee Ditch No. 1 and the Carruthers Ditch No. 2, which historically diverted water from Deer Creek, a tributary of the North Fork of the South Platte and the South Platte. G. Amount: 0.8 c.f.s., limited to 62 acre feet of consumptive use annually and 486 acre feet in any consecutive ten year period. H. Appropriation dates: Parmalee Ditch No. 1, May 1, 1867; Carruthers Ditch No. 2, May 1, 1867.

I. Decreed use: augmentation, replacement, exchange and storage. A copy of the decree in Case No. 2000CW174 is attached as Exhibit A. 6. Statement of plan for augmentation, covering all applicable matters under CRS 37-92-103(9), 302(1)(2) and 305(8). A. Commercial uses. Applicant owns and operates Camp Alexander. A general location map and more detailed map of Camp Alexander are attached as Exhibits B and C. PPC uses water from its existing wells for cooking, cleaning, toilet flushing, bathing, drinking and swimming pool filling. Water demand at full utilization of the camp is projected to be approximately 2.7 acre feet. Applicant treats wastewater flows during December through February by use of a septic system and leach fields, which is 10 percent consumptive. During the rest of the year, waste water is treated, piped and discharged to the South Platte River. This process is five percent consumptive. Based on pumping figures from 2001 - 2002, average annual consumption is estimated to be approximately 0.1435 acre feet. Monthly usage and consumption figures are shown on Table 1 attached hereto. B. Water storage. Water evaporates from Lake Ridnauer out-of-priority. Net depletions caused by evaporation, taking into account credit for water consumption by plants


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which have been replaced by standing water, equals 3.0 acre feet annually. Monthly consumption figures are as shown on Table 1. C. Applicant is purchasing 105.2 shares of stock in Mountain Mutual Reservoir Company, Inc. (MMRC), representing 3.304 acre feet of augmentation water decreed in Case No. 2000CW174. A copy of the contract will be filed after it has been signed by all the parties to it. Applicant will use this water to replace stream depletions caused by pumping its wells and by evaporation from Lake Ridnauer. D. During the historical irrigation season for the augmentation water rights, MMRC shall cause the augmentation water to flow down Deer Creek to the North Fork of the South Platte and thence to the confluence of the North Fork of the South Platte and the South Platte, in an amount adequate to replace net stream depletions at Camp Alexander, plus applicable transit losses, which Applicants calculate to be 0.13 percent per mile. From that location, the water will be exchanged up to the confluence of Rankin Gulch and the South Platte River and, when there is a live stream from Lake Ridnauer to the South Platte, up Rankin Gulch to Lake Ridnauer. During months in which the augmentation water rights did not historically consume water, the PPC shall release water from Lake Ridnauer to augment net stream depletions caused by pumping water from the wells. Because of the small amounts of water involved, such releases shall be required no more frequently than twice during the non-irrigation season. In addition, during such months, the PPC will not store any additional water in Lake Ridnauer, to account for evaporation losses. Before the commencement of spring runoff, Lake Ridnauer should be at less than full capacity, as a result of the releases for replacement of net stream depletions caused by pumping the wells and as a result of by-passing all inflow to Lake Ridnauer. From April 23 through October 31 of each year, depending on conditions, Lake Ridnauer will be filled and kept full by exchanging augmentation water up the South Platte from the confluence of the North Fork of the South Platte, and then up Rankin Gulch to Lake Ridnauer, at a rate not to exceed 0.8 cfs. If there is inflow to Lake Ridnauer, but Rankin Gulch is dry at any location between Lake Ridnauer and the South Platte, PPC will still be allowed to store additional water in Lake Ridnauer by augmenting the depletions which occur at the confluence of Rankin Gulch and the South Platte. There are no decreed water rights in Rankin Gulch, so the augmentation of the South Platte at its confluence with Rankin Gulch will allow storage of water in Lake Ridnauer without causing injury to any water rights. In addition to the water decreed for augmentation herein, MMRC owns other water rights on the mainstem of the South Platte which it utilizes via exchange for augmentation purposes on the North Fork of the South Platte. In order to reduce transit losses absorbed by MMRC’s shareholders, Applicants propose that the Division Engineer be granted the authority in the decree to allow the trade of MMRC augmentation water on the South Platte and the North Fork of the South Platte at such times that the Division Engineer is satisfied that doing so will not cause injury to any persons entitled to use a vested or conditionally decreed water right. PPC shall meter all well pumping and take measurements monthly. PPC shall also install and maintain any additional measuring devices reasonably required by the Division Engineer. PPC shall also prepare an accounting form acceptable to the Division Engineer, and shall complete and submit such reports annually during November of each year. (Application and attachments, 19 pages) 2002CW243 City of Brighton, 22 South 4th Avenue, Brighton, Colorado 80601, Attn: John Bramble, City Manager. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION, IN ADAMS COUNTY. All future correspondence and pleadings to: William H. Brown, Fischer, Brown & Gunn, P.C., P.O. Box Q, Ft Collins, CO 80522. Name(s) of structure(s) to be augmented: Brighton Well 6, a/k/a Well 6-20107-2 Brighton Well 7, a/k/a Well 5-20107-1 Brighton Well 8, a/k/a Well 7-7110 Brighton Well 10, a/k/a Well 8-7111 Brighton Well 11, a/k/a Well 10-7112 Brighton Well 12, a/k/a Well 11-7113 Brighton Well 13, a/k/a Well 12-16387


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Brighton Well 15, a/k/a Well 9-RF-805 Brighton Well 16 (15561 RR) Cemetery Well No. 1 Cemetery Well No. 2 Cemetery Well No. 3 Cemetery Well No. 4 Brighton Well 17, a/k/a Montandon Well 1-10431 Schwartz Well No. 1 – Replaced with Schwartz Well (53486-FR) Fish Pond Well, a/k/a Brighton Well 6318 Mayeda Well 2, a/k/a Well 2-5905-F Recreation Center Well Platte River Ranch Well No. 1, a/k/a Krogh Well No. 24-14023 Platte River Ranch Well No. 2, a/k/a Krogh Well No. 11-14020 Brighton Well 18 Brighton Well 19 Brighton Well 20 Brighton Well 21 Brighton Well 22 Brighton Well 23 Brighton Well 24 Brighton Well 25 Brighton Well #28 (15952-VR) Brighton Well #29 (15952-SR) Brighton Well #31 (15952-TR) Brighton Well #26 (15952-UR) Brighton Well A, a/k/a Barr Lake Estates Well No. 2-13625-R Brighton Well B, a/k/a Green Well No. 8980-F Brighton Well C Are there other water rights diverted from this structure(s)? NO Previous decree(s) for water right(s) to be used for augmentation: A: Date entered: Unknown at this time. B. Case No Unknown at this time. C . Court: Unknown at this time. D. Type of water right (surface, underground storage): Unknown at this time. E. Legal description of points of diversion or place of storage. Unknown at this time. Historic use: (Include a description of all water rights to be used for augmentation, a map showing the approximate location of historic use of the rights and records or summaries of records of actual diversions of each right the applicant intends to rely on to the extent such records exist.) As to nontributary water to which Brighton is entitled, there has been no historic use. As to any other water to be used for augmentation, unknown at this time. Statement of plan for augmentation, covering all applicable matters under CRS 37-92-103(9), 302(1)(2) and 305(8). Give full details of plan, including a description of all water rights to be established or changed by the plan. Brighton provides a potable supply of water to its residents and others that is obtained from tributary ground water pumped from wells as identified above, that have pumped under the auspices of the augmentation program of the Ground Water Appropriators of the South Platte. It has pending with this court an application for change of water rights, a plan for augmentation, and an exchange, in Case No. 2000CW202. The key purposes of that application are to obtain a plan for augmentation whereby the wells can continue to pump, even if out of priority, and to provide for augmentation water. That application has not yet received a ruling or decree. Because of the current uncertainties that exist in regard to the future ability of tributary ground water wells being able to pump in the absence of a decreed plan for augmentation or State Engineer approval under House Bill 02 1414, Brighton seeks to designate, to the extent it can now do so, waters and water rights other than those identified in its application in 2000CW202 that it intends to use for augmentation of out-of-priority pumping of any of its wells identified above. However, Brighton is unable to fully identify such waters and water rights at this time, and claims the right to augment under this plan for augmentation with any water that it may obtain the right to so use which is fully consumable and suitable for augmentation use. It is Brighton’s intention to provide adequate replacement water necessary in quantity and quality to meet the lawful requirements of a senior diverter at the time and location and to the extent such senior would be deprived of its lawful entitlement by Brighton’s well diversions, as is required by Section 37-92-305 (8), C.R.S. One source of augmentation water is the non-tributary ground water in the Laramie Fox Hills


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aquifer underlying the land on which the City of Brighton is located. Brighton has a right to use non-tributary ground water pursuant to an earlier adopted Senate Bill 5 resolution as well as by virtue of the granting of such rights to Brighton by numerous entities annexing their lands into the City. The estimated annual yield of such ground water, anticipated to be obtained from two wells, is between 96 to 194 acre feet over the 100 year aquifer life. Another anticipated source of augmentation water is fully consumable water to be received from the City of Westminster. Such water is anticipated to be usable only during the time of November 1, 2002, through March 31, 2003, in the total amount of 150 acre feet to be delivered to the South Platte River at a relatively constant rate. Such fully consumable water may come from a variety of sources, at Westminster’s discretion, that include effluent at the Metropolitan Denver Water Reclamation Facility, effluent at Westminster’s Big Dry Creek Wastewater Reclamation Facility, the West Gravel Lakes or the Jim Baker Reservoir. To determine the time at which augmentation water must be so supplied, Brighton will use acceptable stream flow depletion factors. Brighton will measure and keep acceptable records of its well pumping and will determine its out-of-priority depletions as to amounts, locations on the stream where such depletions occur, and when they occur. Brighton states that this plan for augmentation may be temporary in nature, at least in part, because some of the augmentation water it obtains may be leased or may otherwise constitute a less than permanent supply, and thus be limited in duration. However, Brighton further states that it is changing surface water rights in 2000CW202 to augmentation use, and is in the process of developing lined gravel pit storage on the South Platte River pursuant to this court’s decree in Case No. 92CW018 that will provide adequate permanent augmentation water to replace in the future any leased or other limited duration water. It is anticipated that such gravel pit storage capacity, in the approximate amount of 9,800 acre feet, will be completed and ready for use within three years. Brighton has also filed an application this month for a 1000 acre foot conditional storage right for its 124th Avenue Storage Pond, with a claimed use of the water being augmentation. It is projected that this reservoir will be lined and able to store water within a year. Brighton reserves the right to seek to amend this application to more fully identify the water and water rights to be used for augmentation purposes hereunder as such information becomes known. Name(s) and address(es) of owner(s) of the land on which structures is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use. The water will be placed to beneficial use by consumers supplied by Brighton within its service area, but it is not practicable nor necessary to provide the names and addresses of all such entities. The wells described above are all on lands either owned by Brighton, or upon which Brighton has the legal right to place and operate such wells. Brighton may store augmentation water in the reservoir that is the subject of 92CW018, which is named the Alfred Krogh Park Reservoir, a/k/a Bromley Lakes, and in the 124th Avenue Storage Pond, both of which are owned by Brighton. 6. Remarks: The legal descriptions of the wells identified above are set forth in the attached Exhibit A. 2002CW244 The Lake Canal Reservoir Company, a/k/a the Lake Canal Company, P.O. Box 104, Lucerne CO 80646, (970) 352-0222. Rodney Nelson and Kathy Nelson, 6312 E. Harmony Road, Fort Collins CO 80528, (970) 482-4108. Paragon Partners, L.L.C., 1 Old Town Square, No. 301, Fort Collins CO 80524, (970) 224-2944. APPLICATION FOR CHANGE OF WATER RIGHT, BEING ALTERNATE PLACES OF STORAGE, IN LARIMER COUNTY. All future correspondence and pleadings to: William H. Brown, Fischer, Brown & Gunn, P.C., P.O. Box Q, Fort Collins, CO 80522. (2.) All portions of the application herein filed with the District Court, Water Division No. 1, State of Colorado, on October 30, 2002. Decreed name of structure for which change is sought: The Gray Reservoir No. 3, a/k/a Gray Lake No. 3. From previous Decree: Date Entered: April 22, 1922 Case No. 2031. Court: District Court, Larimer County. Decreed point of diversion. The headgate of the inlet ditch is located at a point from which the south quarter corner of Section 27, Township 8 North, Range 68 West bears south 0 degrees 23 minutes west, 1515 feet, from thence the water is conducted into North Gray Reservoir, thence into South Gray Reservoir and thence into Gray Reservoir No. 3. Source: Box Elder Creek and an unnamed draw in the east one half of the said Section 27, tributaries of the Cache La Poudre River. Appropriation Date: November 14, 1904 Amount: 4,844,381 cubic feet, or 111.2 acre feet. Historic use: The water right to be changed is the decreed storage right of the Gray Reservoir No. 3 described herein. The water stored under this right has historically been used for the irrigation of lands under the Lake Canal Company system. Proposed change: Applicants seek to store the water decreed to the Gray Reservoir No. 3 at alternate locations located in Section 36, Township 7 North, Range 68 West of the 6th P.M., Larimer County. The names, locations and approximate


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capacities of such alternate places of storage follow. The locations of the alternate places of storage are measured in feet from the northwest corner of Section 36, Township 7 North, Range 67 West of the 6th P.M. GL 3A, east 350 and south 480, 15 acre feet. GL 3B, east 400 and south 1850, 20 acre feet. GL 3C, east 900 and south 3000, 20 acre feet. GL 3D, east 1150 and south 730, 10 acre feet. GL 3E, east 1420 and south 850, 10 acre feet. GL 3F, east 2050 and south 2450, 15 acre feet. GL 3G, east 2310 and south 200, 10 acre feet. GL 3H, east 3900 and south 850, 10 acre feet. GL 3I, east 4220 and 3550 south, 10 acre feet. The total capacity of such locations shall be sufficient for storage of the entire decreed amount The water will continue to be used for irrigation on the same lands as historically was done, and will continue to be diverted from Box Elder Creek as historically has been done under the decree for Gray Reservoir No. 3, except that instead of being placed into Gray Reservoir 3 from South Gray Reservoir, the water may instead be released to Box Elder Creek and carried in it to the headgate of the Lake Canal, where it will be diverted into that canal for delivery to the new storage locations. Applicants request that the decree to be entered in this matter contain the following provisions to prevent any expansion of use or injury to other water rights: Filling of both Gray Reservoir No. 3 and the alternate storage locations cannot occur simultaneously. The water will be measured at the Lake Canal headgate on Box Elder Creek whenever it is being delivered to storage to the new locations, as well as when it is being stored in the original Gray Reservoir No. 3 as historically done, for the purpose of limiting the total annual volume of water stored in all locations to no more than 111.2 acre feet. The purpose of measurement is also to provide records to show that no more water than was released into Box Elder Creek from the exercise of the Gray Reservoir No. 3’s storage right is withdrawn from Box Elder Creek. Water also will be measured as it is withdrawn from the Lake Canal system into storage to determine the amount of such water being placed into storage at the alternate locations. The total annual amount that can be stored in Gray Reservoir No. 3 and the alternate points of storage shall not exceed 111.2 acre feet. Names and addresses of owners of land on which structures are located: As to Gray Reservoir No. 3, Applicant Lake Canal Reservoir Company, address stated above. As to the alternate storage reservoirs, Applicants Rodney Nelson and Kathy Nelson, address stated above. Remarks: The Gray Reservoir No. 3 is presently under a hold order issued by the office of the State Engineer, and thus is unable, until it is repaired, to store its full decreed amount. However, this change will also provide operational flexibility to Applicant Lake Canal Reservoir Company. Applicants Nelson are applicants because they are the owners of the land where the new reservoirs are to be located. Paragon Partners, L.L.C. are applicants because they have a contractual interest in said land. 2002CW245 James D. Klein, 24330 U. S. Highway 34, Greeley, Colorado 80631-9753. Telephone: (970) 396-2565 (Kim R. Lawrence, Lind, Lawrence & Ottenhoff, LLP, 1011 11th Avenue, Greeley, CO, 80631, 970-356-9160. Application for Change of Water Rights and Plan for Augmentation in WELD County. 2. Decreed Name of Structures: Klein Well µ 2 and 1 share of the Lower Latham Ditch Company. 2. Previous Decrees: a: A decree was entered in the Water Court, Water Division µ 1, Case µ W-2718 on February 20, 1975 and a subsequent decree in Case µ W-2178-79 on March 3, 1980 for Klein Well µ 2 located in the NE¼ NW¼ of Section 19, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado, at a point 120 feet South and 910 feet West of the Northeast corner of the NW¼ of said Section 19, with a date of appropriation of December 31, 1905 in the amount of 0.11c.f.s. for domestic and stock watering. Klein Well µ 2 was issued Permit µ 82267, January 21, 1976 and replacement Permit µ 82267-A, February 3, 1982. b. The headgate of the Lower Latham Ditch is located in NE¼ NW¼ NE¼ of Section 31, T5N, R65W of the 6th P.M. Weld County, Colorado. The Ditch has the following absolute water rights decreed to it: Adjudication Appropriation Case No. Date Date Amount 6009 4/28/1883 5/12/1869 20.4 c.f.s.


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6009 4/28/1883 12/12/1874 35.77 c.f.s. 6009 4/28/1883 11/14/1877 97.68 c.f.s. The above water rights are adjudicated for irrigation purposes. 4. Historic Use: The 1 share of Lower Latham Ditch Company is used to irrigate 145 acres in Section 19, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado along with 2 shares of the Lower Latham Reservoir Company and Klein Well µ 1-R-5964-RF. Klein Well µ 2 is used for commercial purposes at Centennial Ag Supply Company. 5. Proposed Change: Applicant seeks to change the use of Klein Well µ 2 to add commercial use so the historic use of the well is correctly reflected in the decree. Domestic use will continue but there will be no stock watering use. 6. Plan for Augmentation: Since the commercial use of Klein Well µ 2 is not exempt, applicant proposes a plan of augmentation to prevent injury to senior appropriators from any out-of-priority diversions by the well. The commercial use of the well causes the consumption of 35 acre feet of water per year based on it’s 270 day SDF. The lagged depletions in acre feet are approximately as follows: Table 1

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Tot

2.92 2.58 2.80 2.69 2.80 2.80 3.03 3.14 3.03 3.14 3.03 3.03 35.00

The historic farm headgate delivery of 1 share Lower Latham was determined to be 142.84 acre feet per year based on 20% ditch loss. The consumptive use of 1 share was determined to be 81.77 acre feet per year. Applicant will divert 0.57 share of the Lower Latham Ditch into a 1 acre recharge pond located on applicants property adjacent to the Ditch as shown in Figure 2. The recharge pond has an SDF of 320 days. The farm headgate delivery for 0.57 share is 81.42 acre feet and the consumptive use is 46.61 acre feet. The historic return flow obligation for the 0.57 share is shown in row 1, Table 2. The recharge of 0.57 share results in the accretions shown in row 2, Table 2, in acre feet. The net river impact, Table 2, row 3 is the result of adding the lagged well depletions from Table 1 and the return flow obligations, Table 2, row 1 and subtracting them from the recharge accretions, Table 2, row 2. The net impact is no material injury to the river or senior water rights. Historic returns will be maintained for all calls senior to the date of the filing of this application. Table 2

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Tot

2.78 2.34 2.22 1.97 2.53 2.86 3.12 3.24 3.44 3.64 3.49 3.27 34.81

7.67 6.16 6.07 5.33 5.39 5.64 6.53 7.95 8.89 9.15 8.24 7.61 84.62

1.97 1.33 1.05 0.67 0.05 -0.02 0.37 1.57 2.42 2.37 1.72 1.31 14.81

The change of the 0.57 share of Latham will be accompanied by the dryup of 21 acres of historically irrigated ground shown on Figure 2. 7. Name and Address of Owners of Structures: Applicant owns the Klein wells. The Lower Latham Ditch Company, c/o Mr. James Park, President, 32730 WCR 50, Kersey, Colorado 80644 owns the Lower Latham Ditch. 2002CW246 JOHN AND EMILY SHOOK, APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY AND NONTRIBUTARY SOURCES AND APPROVAL OF


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AUGMENTATION PLAN, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFER, IN ELBERT COUNTY. 1. Name, address, and telephone number of Applicants: John and Emily Shook, 6371 Lemon Gulch Drive,Castle Rock, Colorado 80104 (303) 810-8563 (Carmen S. Hall, Petrock & Fendel, P.C., 518 17th Street, #1500, Denver, Colorado 80202 (303) 534-0702). 2. Well Permits: Well permits will be applied for prior to construction of the wells. 3. Legal Description of Wells and Subject Property: The wells which will withdraw groundwater from the not nontributary Upper Dawson and nontributary Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers will be located at any location on approximately 240 acres of land located in the W1/2NE1/4, E1/2SW1/4, and the W1/2SE1/4 of Section 10, T9S, R65W of the 6th P.M., as shown on Attachment A hereto ("Subject Property"). 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Upper Dawson aquifer is not nontributary as described in 37-90-103(10.7) and 37-90-137(9)(c), C.R.S. The groundwater to be withdrawn from the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers is nontributary groundwater as described in 37-90-103(10.5), C.R.S. 5. Estimated Amounts and Rates of Withdrawal: The wells will withdraw the subject amounts of groundwater at rates of flow necessary to efficiently withdraw the entire decreed amounts. Applicants will withdraw the subject groundwater through wells to be located at any location on the Subject Property. Applicants waive any 600 foot spacing rule as described in Section 37-90-137(2), C.R.S. for wells located on the Subject Property. The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. Applicants estimate the following annual amounts are representative of the aquifers underlying the Subject Property: Saturated Annual Aquifer Thickness Amount Upper Dawson 232 feet 112 acre-feet Lower Dawson 136 feet 65 acre-feet Denver 229 feet 93 acre-feet Arapahoe 234 feet 93 acre-feet Laramie-Fox Hills 200 feet 71 acre-feet The average annual amounts available for withdrawal from the subject aquifers will depend on the hydrogeology and the legal entitlement of the Applicants' and represents a claim to all groundwater underlying the Subject Property. Part of the Upper Dawson aquifer water will be reserved for use through exempt wells. 6. Well Fields: Applicants request that this Court determine that Applicants have the right to withdraw all of the legally available groundwater lying below the Subject Property, through the wells requested herein, which may be located anywhere on the Subject Property, and any additional wells which may be completed in the future as Applicants' well fields. As additional wells are constructed, applications will be filed in accordance with 37-90-137(10), C.R.S. 7. Proposed Use: Applicants will use all water withdrawn from the subject aquifers in a water system to be used, reused, successively used, leased, sold, or otherwise disposed of for the following beneficial purposes: municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational, fish and wildlife, and fire protection uses. Said water will be produced for immediate application to said uses, both on and off the property, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 8. 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. 9. Description of plan for augmentation: A. Groundwater to be augmented: Part of the Upper Dawson aquifer groundwater requested herein as described in paragraph 5 above to be withdrawn over a 300 year pumping period. B. Water rights to be used for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. C. Statement of plan for augmentation: Applicants will use the Upper Dawson water for inhouse, irrigation, and stockwatering use through individual wells on up to 24 residential lots on the Subject Property over a 300 year period, which water will be withdrawn at rates of flow of 15 gpm. Applicants estimate that each well will be limited to an annual amount of 1 acre-foot per year for inhouse use (0.5 acre-feet), irrigation of approximately 7500 square-feet of lawn, garden, and trees (0.45 acre-feet), and stockwatering of 4 large domestic animals (0.05 acre-feet). Also, 5 acre-feet per year of water may be required for storage on the Subject Property. Applicants reserve the right to revise these values without amending or republishing this application. Sewage treatment for inhouse use will be provided by a non-evaporative septic system.


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Consumptive use associated with in-house use will be approximately 10% of water used and it is estimated that approximately 10% of water used for irrigation will be returned to the stream system. Stockwatering uses will be considered to be 100% consumptively used. Before any other type of sewage treatment is proposed in the future, including incorporation of the lots into a central sewage collection and treatment system, Applicants, or successors and assigns, will amend this decree prior to such change and thereby provide notice of the proposed change to other water users by publication procedures required by then existing law. During pumping Applicants will replace actual depletions to the affected stream system pursuant to 37-90-137(9)(c), C.R.S. Applicants estimate that depletions may occur to the Cherry Creek and/or Running Creek stream systems. Return flows from use of the subject water rights via that stream system will accrue to the South Platte River system, and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. After the entire amount decreed herein has been withdrawn or after pumping ceases, Applicants will demonstrate that any depletions which may occur to the stream systems are non-injurious and need not be replaced. However, if the Court finds that such depletions need to be replaced, Applicants will reserve an adequate amount of nontributary groundwater underlying the Subject Property to meet augmentation requirements. 10. Remarks: A. Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 5B above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicants have estimated the amounts of water available for withdrawal from the subject aquifers based on estimates of relative values for specific yield and saturated thickness, Applicants request the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. C. Applicants will withdraw parts of the not nontributary Upper Dawson aquifer groundwater requested herein under the plan of augmentation requested herein pursuant to 37-90-137(9)(c), C.R.S. WHEREFORE, Applicants pray that this Court enter a Decree: 11. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 12. Specifically determining that: A. Applicants have complied with 37-90-137(4), C.R.S., and water is legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near Applicants' property, pursuant to 37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; B. The groundwater in the Upper Dawson aquifer is not nontributary and groundwater in the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers is nontributary groundwater; C. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater and the plan for augmentation proposed herein; D. No findings of diligence are required to maintain these water rights. FURTHER, Applicants pray that this Court grant such other relief as seems proper in the premises. 2002CW247 KEITH AND PATRICIA KELLER, APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY AND NONTRIBUTARY SOURCES AND APPROVAL OF AUGMENTATION PLAN, IN THE NONTRIBUTARY DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER AND LOWER AQUIFERS, IN ELBERT COUNTY. 1. Name, address, and telephone number of Applicants: Keith and Patricia Keller, 45600 Cottonwood Hills Drive, Parker, Colorado 80138 (303) 841-0112 (Carmen S. Hall, Petrock & Fendel, P.C., 700 17th Street, #1800, Denver, Colorado 80202 (303) 534-0702). 2. Well Permits: Well permits will be applied for prior to construction of the wells. 3. Legal Description of Wells and Subject Property: The wells which will withdraw groundwater from the not nontributary Upper and Lower Dawson and nontributary Denver, Arapahoe and Laramie-Fox Hills aquifers will be located at any location on approximately 40 acres of land, being the SW1/4NE1/4 of Section 14, T6S, R65W of the 6th P.M., as shown on Attachment A hereto ("Subject Property"). 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Upper and Lower Dawson aquifers is not nontributary as described in 37-90-103(10.7) and 37-90-137(9)(c), C.R.S. The groundwater to be withdrawn from the Denver, Arapahoe and Laramie-Fox Hills aquifers is nontributary groundwater as described in 37-90-103(10.5), C.R.S. 5. Estimated Amounts and Rates of Withdrawal: The wells will withdraw the subject amounts of groundwater at rates of flow necessary to efficiently withdraw the entire decreed amounts. Applicants will withdraw the subject groundwater through wells to be located at any location on the Subject Property, including an existing well completed into the Lower Dawson aquifer as permitted in Well Permit No.


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176184 which will be repermitted to operate pursuant to the augmentation plan requested below. Applicants waive any 600 foot spacing rule as described in Section 37-90-137(2), C.R.S. for wells located on the Subject Property. The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. Applicants estimate the following annual amounts are representative of the Upper and Lower Dawson, Denver Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property: Saturated Annual Aquifer Thickness Amount Upper Dawson 109 feet 8.7 acre-feet Lower Dawson 41 feet 3.2 acre-feet Denver 348 feet 23.6 acre-feet Arapahoe 223 feet 15.1 acre-feet Laramie-Fox Hills 220 feet 13.3 acre-feet The average annual amounts available for withdrawal from the subject aquifers will depend on the hydrogeology and the legal entitlement of the Applicants and represents a claim to all Upper Dawson, Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers’ groundwater underlying the Subject Property. 6. Well Fields: Applicants request that this Court determine that Applicants have the right to withdraw all of the legally available groundwater lying below the Subject Property, through the wells requested herein, which may be located anywhere on the Subject Property, and any additional wells which may be completed in the future as Applicants' well fields. As additional wells are constructed, applications will be filed in accordance with 37-90-137(10), C.R.S. 7. Proposed Use: Applicants will use all water withdrawn from the subject aquifers in a water system to be used, reused, successively used, leased, sold, or otherwise disposed of for the following beneficial purposes: municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational, fish and wildlife, and fire protection uses. Said water will be produced for immediate application to said uses, both on and off the property, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 8. 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. 9. Description of plan for augmentation: A. Groundwater to be augmented: 2.175 acre-feet per year of Upper Dawson aquifer groundwater and 0.725 acre-feet per year of Lower Dawson aquifer groundwater over a pumping period of 300 years as requested herein as described in paragraph 5 above. B. Water rights to be used for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. C. Statement of plan for augmentation: Applicants will use the Upper and Lower Dawson water to supply four individual wells on four residential lots to be located on the Subject Property at rates of flow of 15 gpm. Each well will require approximately 0.725 acre-feet per year for 300 years for inhouse use (0.5 acre-feet), irrigation/limited to 3000 square-feet of lawn, garden, and trees (0.175 acre-feet), and stockwatering of 4 large domestic animals (0.05 acre-feet). Applicants reserve the right to amend these amounts and values without the neccessity of amending or republishing this application. Sewage treatment for inhouse use will be provided by a non-evaporative septic system. Consumptive use associated with in-house use will be approximately 10% of water used and it is estimated that approximately 10% of water used for irrigation will be returned to the stream system. Stockwatering uses will be considered to be 100% consumptively used. Before any other type of sewage treatment is proposed in the future, including incorporation of the lots into a central sewage collection and treatment system, Applicants, or their successors and assigns, will amend this decree prior to such change and thereby provide notice of the proposed change to other water users by publication procedures required by then existing law. During pumping Applicants will replace actual depletions to the affected stream system pursuant to 37-90-137(9)(c), C.R.S. Applicants estimate that depletions may occur to the Coal Creek stream system. Return flows from use of the subject water rights via that stream system will accrue to the South Platte river system, and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. After the entire amount decreed herein has been withdrawn or after pumping ceases, Applicants will demonstrate that any depletions which may occur to the stream system are non-injurious and need not be replaced. However, if the Court finds that such depletions need to be replaced, Applicants will reserve an adequate amount of nontributary groundwater underlying the Subject Property to meet augmentation requirements. 10. Remarks: A. Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 5B above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicants have estimated the amounts of water available for


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withdrawal from the subject aquifers based on estimates of relative values for specific yield and saturated thickness, Applicants request the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. C. Applicants will withdraw up to 2.175 acre-feet per year in the Upper Dawson aquifer and 0.725 acre-feet per year in the Lower Dawson aquifer for 300 years under the plan of augmentation requested herein pursuant to 37-90-137(9)(c), C.R.S. WHEREFORE, Applicants pray that this Court enter a Decree: 11. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 12. Specifically determining that:A. Applicants have complied with 37-90-137(4), C.R.S., and water is legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near Applicants' property, pursuant to 37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; B. The groundwater in the Upper and Lower Dawson aquifers is not nontributary and groundwater in the Denver, Arapahoe, and Laramie-Fox Hills aquifers is nontributary groundwater; C. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater and the plan for augmentation proposed herein; D. No findings of diligence are required to maintain these water rights. FURTHER, Applicants pray that this Court grant such other relief as seems proper in the premises. 2002CW248 ICE TONG LAND AND CATTLE COMPANY, APPLICATION FOR CHANGE OF WATER RIGHT, IN DOUGLAS COUNTY. 1. Name and address of Applicant: Ice Tong Land and Cattle Company, 5273 Horseshoe Trail, Sedalia, Colorado (Carmen S. Hall, Petrock & Fendel, P.C., 700 17th Street, #1800, Denver, Colorado 80202 (303) 534-0702). 2. Decree information for which change is sought: Case No. 97CW216 as decreed on March 3, 1998. The property which is the subject of the decree is approximately 322 acres located in parts of Sections 19 and 20, T7S, R68W of the 6th P.M. as shown on Attachment A hereto. 4. Proposed change: In the original decree, all of the Arapahoe aquifer groundwater underlying the Subject Property was decreed and is not available for use through exempt wells on 35 or more acre tracts of land pursuant to Section 37-92-602, C.R.S. The Arapahoe aquifer water is nontributary and there is 60.7 acre-feet per year decreed. By this change, Applicant requests that the decreed amount be reduced by 24 acre-feet per year for use through 8 exempt wells. No other parts of the original decree will be changed. WHEREFORE, Applicant prays that this Court enter a decree granting this application and for a finding that the change requested herein will not injuriously affect other owners or users of vested or conditional water rights, and for such other relief as it deems proper in the premises. 2002CW249 MLC Development, LLC, APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY AND NONTRIBUTARY SOURCES AND APPROVAL OF AUGMENTATION PLAN, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS, IN DOUGLAS COUNTY. 1. Name, address, and telephone number of Applicant: MLC Development, LLC, 1700 N. Park Street, Suite D, Castle Rock, Colorado 80104 (303) 688-9500 (Carmen S. Hall, Petrock & Fendel, P.C., 700 17th Street, #1800, Denver, Colorado 80202 (303) 534-0702). 2. Well Permits: Well permits will be applied for prior to construction of the wells. 3. Legal Description of Wells and Subject Property: The wells which will withdraw groundwater from the not nontributary Upper Dawson and nontributary Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers will be located at any location on approximately 403 acres of land located in the S1/2S1/2 of Section 26, and part of the N1/2 of Section 36, T7S, R66W of the 6th P.M., as more particularly described and shown on Attachment A and A-2 hereto ("Subject Property"). The Subject Property is currently owned by the Kleinert Corporation which has consented to allow Applicant to file this application. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Upper Dawson aquifer is not nontributary as described in 37-90-103(10.7) and 37-90-137(9)(c), C.R.S. The groundwater to be withdrawn from the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers is nontributary groundwater as described in 37-90-103(10.5), C.R.S. 5. Estimated Amounts and Rates of Withdrawal: The wells will withdraw the subject amounts of groundwater at rates of flow necessary to efficiently withdraw the entire decreed amounts. Applicant will withdraw the subject groundwater through wells to be located at any location on the Subject Property. Applicant waives any 600 foot spacing rule as described in Section 37-90-137(2), C.R.S., for


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wells located on the Subject Property. The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. Applicant estimates the following annual amounts are representative of the aquifers underlying the Subject Property: Saturated Annual Aquifer Thickness Amount Upper Dawson 100 feet 81 acre-feet Lower Dawson 75 feet 66 acre-feet Denver 239 feet 162 acre-feet Arapahoe 280 feet 190 acre-feet Laramie-Fox Hills 204 feet 122 acre-feet The average annual amounts available for withdrawal from the subject aquifers will depend on the hydrogeology and the legal entitlement of the Applicant’s and represents a claim to all groundwater underlying the Subject Property. Part of the Upper Dawson aquifer water will be reserved for use through exempt wells. 6. Well Fields: Applicant requests that this Court determine that Applicant has the right to withdraw all of the legally available groundwater lying below the Subject Property, through the wells requested herein, which may be located anywhere on the Subject Property, and any additional wells which may be completed in the future as Applicant’s well fields. As additional wells are constructed, applications will be filed in accordance with 37-90-137(10), C.R.S. 7. Proposed Use: Applicant will use all water withdrawn from the subject aquifers in a water system to be used, reused, successively used, leased, sold, or otherwise disposed of for the following beneficial purposes: municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational, fish and wildlife, and fire protection uses. Said water will be produced for immediate application to said uses, both on and off the property, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 8. 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. 9. Description of plan for augmentation: A. Groundwater to be augmented: Part of the Upper Dawson aquifer groundwater requested herein as described in paragraph 5 above. B. Water rights to be used for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. C. Statement of plan for augmentation: Applicant will use part of the Upper Dawson water for inhouse, irrigation, and stockwatering use through individual wells or central wells on up to 40 residential lots on the Subject Property, which water will be withdrawn at rates of flow of 15 gpm. Applicant estimates that each well will be limited to an annual amount of 0.75 acre-feet per year for inhouse use (0.3 acre-feet), irrigation of approximately 7000 square-feet of lawn, garden, and trees (0.4 acre-feet), and stockwatering of 4 large domestic animals (0.05 acre-feet). Applicant reserves the right to revise these values without amending or republishing this application. Sewage treatment for inhouse use will be provided by a non-evaporative septic system. Consumptive use associated with in-house use will be approximately 10% of water used and it is estimated that approximately 10% of water used for irrigation will be returned to the stream system. Stockwatering uses will be considered to be 100% consumptively used. Before any other type of sewage treatment is proposed in the future, including incorporation of the lots into a central sewage collection and treatment system, Applicant, or successors and assigns, will amend this decree prior to such change and thereby provide notice of the proposed change to other water users by publication procedures required by then existing law. During pumping Applicant will replace actual depletions to the affected stream system pursuant to 37-90-137(9)(c), C.R.S. Applicant estimates that depletions may occur to the Cherry Creek stream system. Return flows from use of the subject water rights via that stream system will accrue to the South Platte River system, and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. After the entire amount decreed herein has been withdrawn or after pumping ceases, Applicant will demonstrate that any depletions which may occur to the stream systems are non-injurious and need not be replaced. However, if the Court finds that such depletions need to be replaced, Applicant will reserve an adequate amount of nontributary groundwater underlying the Subject Property to meet augmentation requirements. 10. Remarks: A. Applicant claims the right to withdraw more than the average annual amounts estimated in paragraph 5B above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicant has estimated the amounts of water available for withdrawal from the subject aquifers based on estimates of relative values for specific yield and saturated thickness, Applicant requests the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. C. Applicant will withdraw parts of the not nontributary Upper Dawson aquifer


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groundwater requested herein under the plan of augmentation requested herein pursuant to 37-90-137(9)(c), C.R.S. WHEREFORE, Applicant prays that this Court enter a Decree: 11. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 12. Specifically determining that: A. Applicant has complied with 37-90-137(4), C.R.S., and water is legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near Applicant’s property, pursuant to 37-92-305(11), C.R.S. and Denver Basin Rule 9.A. B. The groundwater in the Upper Dawson aquifer is not nontributary and groundwater in the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers is nontributary groundwater; C. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater and the plan for augmentation proposed herein; D. No findings of diligence are required to maintain these water rights. FURTHER, Applicant prays that this Court grant such other relief as seems proper in the premises. 2002CW250 BIG ELK MEADOWS ASSOCIATION IN THE WEST FORK OF THE LITTLE THOMPSON RIVER, TRIBUTARY TO THE SOUTH PLATTE RIVER. (John M. Dingess, T. Daniel Platt, 4600 South Ulster Street, Suite 1111, Denver, Colorado 80237 Phone Number: 303.779.0200 FAX Number: 303.779.3662. APPLICATION FOR FINDING OF DILIGENCE AND TO MAKE ABSOLUTE, IN BOULDER AND LARIMER COUNTIES . 1. NAME, ADDRESS, AND TELEPHONE NUMBER OF APPLICANT:

Big Elk Meadows Association P.O. Box 440 Lyons, Colorado 80540 303.823.6369

2. NAME OF STRUCTURE:

Big Elk Meadows Pipeline water right

3. DESCRIPTION OF WATER RIGHTS DECREED CONDITIONAL:

3.1. Date of Original Decree: July 6, 1977, Case No. W-1767, District Court Water Division 1, Colorado.

3.2. Location: The Big Elk Meadows Pipeline water right is decreed to be located as follows: A point

whence the SW corner of Section 35, Township 4 North, Range 72 West of the 6th P.M. bears North 64° East, 1,650 feet. Contemporaneously with this Application, Applicant has filed an Application for Change of Water Right to change the point of diversion of the Big Elk Meadows Pipeline water right to an alternate point of diversion.

3.3. Source: West Fork of the Little Thompson River. 3.4. Appropriation Date: October 13, 1971.

3.5. Amount: 1.0 cfs CONDITIONAL.

3.6. Use: Domestic, irrigation, municipal, fish culture and recreation.

4. DETAILED OUTLINE OF WHAT HAS BEEN DONE TOWARD COMPLETION OR FOR

COMPLETION OF THE APPROPRIATION AND APPLICATION OF WATER TO A BENEFICIAL USE AS CONDITIONALLY DECREED, INCLUDING EXPENDITURES:


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The Big Elk Meadows Pipeline water right is part of the Applicant’s integrated water supply. This water supply currently serves, or will serve, approximately 160 homes, and consists of decreed wells, a surface spring, five existing reservoirs, plus Canyon Lake, and the Big Elk Meadows Pipeline water right. The Applicant has completed work necessary to put a portion of the Big Elk Meadows Pipeline water right to beneficial use as decreed in Case No. W-1767. Since the last diligence applications were filed for the Big Elk Meadows Pipeline water right (Case No. 95CW243) and Canyon Lake (Case No. 95CW244), the following work has been performed:

4.1. During the current diligence period the Applicant constructed an Intake Facility as an alternate point for diversion of the water right decreed conditional in Case No. W-1767. In addition, the Applicant constructed a Surface Water Treatment Facility. An associated pump facility currently delivers water from the Intake Facility located on the West Fork of the Little Thompson River to the Applicant’s Treatment Facility and water distribution system at a rate of 30 gpm. The cost to the Applicant for construction of the Intake Facility, treatment and pumping facilities during the diligence period was approximately $168,000.00.

4.2. The Applicant obtained a decree in Case No. 95CW238, District Court, Water Division 1, decree

entered February 25, 1997. The decree confirmed an absolute water right to appropriate 0.011 cfs from the Pasture Spring with an appropriation date of November 10, 1952, granted a conditional appropriative right of exchange with an appropriation date of September 5, 1995, granted augmentation as a change of use for storage water attributable to the Applicant’s shares in the Boulder and Larimer County Irrigation and Manufacturing Company, and approved a plan for augmentation for replacement of Applicant’s out of priority depletions. The Applicant expended $21,445.00 in legal and engineering consulting fees to obtain and implement the decree in Case No. 95CW238, all of which was expended since Applicant filed diligence applications in Case No. 95CW243 and 95CW244.

4.3. Since entry of the decree in Case No. 95CW238 the Applicant expended approximately

$21,812.00 on legal, engineering and other professional fees related to development and maintenance of all components of its water storage and delivery system.

4.4. The applicant expended an additional $67,350.00 during the diligence period for replacement and

maintenance of water mains and for pump house building and water distribution system mechanical maintenance projects.

4.5. The Applicant expended $7,080.00 for a report on hydraulic modeling of the Applicant’s water

distribution system prepared by Jim Miller of Harding ESE.

4.6. The Applicant made inquiries to and participated in discussions with Pinewood Springs Water District regarding Pinewood Springs’ possible participation in funding and construction of the Canyon Lake Dam project for the benefit of both organizations.

4.7. The Applicant made inquiries to the City of Longmont, Colorado regarding Longmont’s possible

participation in funding and construction of the Canyon Lake Dam Project for the benefit of both organizations.

4.8. The Applicant made inquiries to the United States Forest Service regarding the purchase or

exchange of USFS property necessary to construct Canyon Lake at its decreed location.

4.9. The Applicant applied to the Colorado Department of Public Health and Environment Water Quality Control Division Financial Assistance Program for $200,000.00 in financial assistance toward funding a project for storage and water treatment.

4.10. The Applicant filed a preliminary application with the Colorado Water Conservation Board for a

loan to construct Canyon Lake and for a grant in the maximum amount of $5,000.00 to pay for up to 50% of the cost for an engineering feasibility study for the project.


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4.11. The Applicant made inquiries to two owners of shares of stock in the Boulder and Larimer County

Irrigation and Manufacturing Company a/k/a Old Ish for the purpose of purchasing additional water rights to replace evaporation losses from Canyon Lake when constructed.

4.12. The Board of Directors of the Applicant met to discuss and/or take affirmative action regarding

the water rights, water needs and conservation efforts, and maintenance and development of the Applicant’s water projects and water distribution systems.

4.13. The Applicant prepared annual reports for water years 1996-1997 through 2000-2001 for

submission to the Division Engineer, Water Division 1, including an annual Potable Water System Report, Lake Storage and Evaporation Report, Water Summary and Replacement Requirements and Lake Operations Report.

4.14. The Applicant conducted preliminary investigations into whether the location of Canyon Lake

Dam site as decreed is within a designated flood hazard zone according to the Federal Emergency Management Agency and whether or not a 100-year flood study has been completed for the decreed Canyon Lake Dam site.

4.15. The Applicant participated in a meeting with the Division Engineer for Division 1, the Water

Commissioner for District 4, and representatives of Pinewood Springs regarding inter alia the Applicant’s exchange under the decree in Case No. 95CW238 and its affect on Pinewood Springs’ water rights.

4.16. The Applicant commissioned a report by Blatchley Associates, Inc., regarding a “Test Release of

Storage Water from Meadow Lake into the West Fork of the Little Thompson River.” The cost of the test release and report to the Applicant was $4,716.00.

4.17. The Applicant reserves the right to identify additional relevant efforts that may be later discovered

or to make adjustments to amounts expended on certain projects. The Applicant made diligent efforts with regard to this application to determine and quantify all efforts made by Big Elk Meadows Association toward completion of the appropriations and application of the water rights decreed in Case No. W-1767 to beneficial use. However, it is possible that relevant efforts or expenditures may have been overlooked or need further adjustment.

5. CLAIMS TO MAKE ABSOLUTE:

The Applicant claims to make absolute 0.067 cfs. or 30 gpm for domestic, irrigation, municipal, fish culture and recreation use. Applicant applied the water to beneficial use on October 20, 1999, being the date the Intake Facility and associated Surface Water Treatment Facility and pumping facilities were placed in operation for distribution of treated water to Applicant.

6. NAMES AND ADDRESSES OF OWNERS OF THE LAND ON WHICH STRUCTURE IS OR WILL BE LOCATED, UPON WHICH WATER IS OR WILL BE STORED, OR UPON WHICH WATER IS OR WILL BE PLACED TO BENEFICIAL USE: The Intake Facility, Surface Water Treatment Facility and associated pumping facilities are located on land commonly owned by the Applicant, a Home Owner’s Association.

7. PRAYERS FOR RELIEF

7.1. Applicant respectfully requests this Court grant an absolute right for 0.067 cfs (30 gpm) at the proposed alternate point of diversion as noted in Paragraph 3 of this Application and as described in Paragraph 5 of the concurrent Application for Change of Water Right with an appropriation date of October 13, 1971 and an adjudication date relating back to the date of filing the


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Application in Case No. W-1767, for domestic, irrigation, municipal, fish culture and recreation use.

7.2. Applicant respectfully requests this Court find diligence in the development of those portions of

the appropriative rights not made absolute, and continue the conditional decree for said structures and remaining conditional amounts for the statutory period.

7.3. Applicant requests this Court also grant such additional relief that it deems necessary and

appropriate in these circumstances. (7 pages) 2002CW251 BIG ELK MEADOWS ASSOCIATION IN THE WEST FORK OF THE LITTLE THOMPSON RIVER, TRIBUTARY TO THE SOUTH PLATTE RIVER. (John M. Dingess, T. Daniel Platt, 4600 South Ulster Street, Suite 1111, Denver, Colorado 80237 Phone Number: 303.779.0200 FAX Number: 303.779.3662. APPLICATION FOR CHANGE OF WATER RIGHT IN BOULDER AND LARIMER COUNTIES. 1. NAME, ADDRESS, AND TELEPHONE NUMBER OF APPLICANT:

Big Elk Meadows Association P.O. Box 440 Lyons, Colorado 80540 303.823.6369

2. INTRODUCTION

Through this Application, Applicant seeks to change the point of diversion of the Big Elk Meadows Pipeline water right from the point on the West Fork of the Little Thompson River as decreed conditional in Case No. W-1767 to an alternate point of diversion at the Intake Facility as constructed by the Applicant. The Intake Facility as constructed is located approximately 4,600 feet downstream from the decreed point of diversion on the West Fork of the Little Thompson River.

3. DECREED NAME OF STRUCTURE FOR WHICH CHANGE IS SOUGHT:

Big Elk Meadows Pipeline 4. FROM PREVIOUS DECREE:

3.7. Date of Original Decree: July 6, 1977, Case No. W-1767, District Court Water Division 1,

Colorado.

3.8. The Big Elk Meadows Pipeline water right is decreed to be located as follows: A point whence the SW corner of Section 35, Township 4 North, Range 72 West of the 6th P.M. bears North 64° East, 1,650 feet. A map locating the decreed point of diversion is attached hereto as Exhibit A.

3.9. Source: West Fork of the Little Thompson River. 3.10. Appropriation Date: October 13, 1971.

3.11. Amount: 1.0 cfs CONDITIONAL.


5. PROPOSED CHANGE:

4.18. Applicant proposes to change only the decreed point of diversion to an alternate point of diversion at the Intake Facility as constructed. Contemporaneously with this Application, Applicant has


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filed an Application concerning the Big Elk Meadows Pipeline water right for Finding of Diligence and to Make Absolute.

4.19. The Intake Facility, as constructed, is located in the SW1/4 of Section 35, Township 4 North,

Range 72 West of the 6th P.M in Larimer County, Colorado. Beginning at the SW Corner of said Section 35, heading in a true North Direction 1,921 feet, thence East 1,508 feet, is the North end of said 4 inch diameter pipeline that extends 90 feet South. The Big Elk Meadows Pipeline, as constructed, is illustrated on Exhibit A.

4.20. Use: Domestic, irrigation, municipal, fish culture and recreation (no change requested).

4.21. Amount: 0.067 cfs (30 gpm) ABSOLUTE; 0.933 cfs (419 gpm) CONDITIONAL (no change

from original conditional decreed amount requested).

4.22. Applicant constructed the Intake Facility as an alternate point of diversion for the water right decreed conditional in Case No. W-1767.

6. NAMES AND ADDRESSES OF OWNERS OF THE LAND ON WHICH STRUCTURE IS OR

WILL BE LOCATED, UPON WHICH WATER IS OR WILL BE STORED, OR UPON WHICH WATER IS OR WILL BE PLACED TO BENEFICIAL USE: The Intake Facility, as constructed, is located on land commonly owned by the Applicant, a Home Owner’s Association.


7.4. Applicant respectfully requests this Court grant a decree for the requested change of water right from the point of diversion as decreed in Case No. W-1767 to the proposed alternate point of diversion as constructed by the Applicant and described in Paragraph 5 of this Application.

7.5. Applicant requests this Court also grant such additional relief that it deems necessary and

appropriate to further the purposes of the change of water right requested herein.(3 Pages)

2002CW252 BIG ELK MEADOWS ASSOCIATION IN THE WEST FORK OF THE LITTLE THOMPSON RIVER, TRIBUTARY TO THE SOUTH PLATTE RIVER. John M. Dingess, T. Daniel Platt, 4600 South Ulster Street, Suite 1111, Denver, Colorado 80237. Phone Number:303.779.0200 FAX Number: 303.779.3662. APPLICATION FOR FINDING OF DILIGENCE, IN BOULDER AND LARIMER COUNTIES. 1. NAME, ADDRESS, AND TELEPHONE NUMBER OF APPLICANT:

Big Elk Meadows Association P.O. Box 440 Lyons, Colorado 80540 303.823.6369 2. NAME OF STRUCTURE:

Canyon Lake

8. DESCRIPTION OF WATER RIGHTS DECREED CONDITIONAL:

3.13. Date of Original Decree: July 6, 1977, Case No. W-1769, District Court Water Division 1, Colorado.

3.14. Location:


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Canyon Lake is decreed to be located as follows: That portion of Section 35, Township 4 North, Range 72 West and that portion of Section 36, Township 4 North, Range 72 West of the 6th P.M., Larimer County, Colorado, more particularly described as follows: Considering the East line of the SE 1/4 of Section 35, Township 4 North, Range 72 West of the 6th P.M. as bearing North 03°05'35'' East and with all bearings contained herein relative thereto: Beginning at the SE corner of said Section 35; thence North 04°35'09'' East 2425.40 feet to the TRUE POINT OF BEGINNING, said point being the approximate centerpoint of the proposed dam; thence along the approximate high-water water line of the proposed reservoir the following courses and distances: North 56°08'18" East 74.77 feet; North 21°47'14'' West 64.74 feet; North 83°28'32'' West 86.91 feet to a point which bears South 05°14'40'' East 61.68 feet from the East Quarter comer of said Section 35; thence continuing along said approximate high water line North 49°51'58'' West 144.38 feet; North 06°38'51" East 96.93 feet; North 13°26'04" West 175.35 feet; North 31°37'02'' West 133.91 feet; North 08°53'08" West 54.40 feet; South 15°58'06" West 48.82 feet; South 00°24'02'' East 78.12 feet; South 15°44'09'' West 65.61 feet; North 81°59'24'' West 30.59 feet; North 29°52'36" West 115.18 feet; North 57°11'32" West 157.69 feet; North 80°13'50'' West 95.17 feet; South 71°13'42'' West 91.03 feet; South 45°20'18'' West 586.35 feet; South 30°54'47'' West 150.80 feet; South 21°57'12'' West 303.16 feet; South 35°19'02'' West 224.68 feet; South 62°47'32'' West 298.27 feet; South 28°42'48'' West 101.37 feet; South 12°58'54'' West 81.90 feet; South 22°13'10'' West 81.70 feet; South 10°19'40'' West 222.54 feet; South 39°20'37'' West 147.28 feet; South 33°49'20" East 48.78 feet; South 21°48'14" West 85.58 feet; South 80°54'27" West 180.51 feet; North 65°21'43' West 67.10 feet; South 54°52'55'' East 87.74 feet; South 89°20'21'' East 163.34 feet; North 56°34'51'' East 69.66 feet; North 37°14'12'' East 214.38 feet; North 06°39'18'' East 48.00 feet; North 28°43'35" East 436.22 feet; North 47°33'15" East 179.65 feet; North 76°45'37'' East 69.78 feet; North 59°08'31" East 99.22 feet; North 31°29'21" East 45.81 feet; North 44°37'04'' East 152.80 feet; North 20°27'56'' East 123.37 feet; North 28°58'41'' East 100.27 feet; North 27°48'13' East 206.17 feet; North 55°08'23 East 294.38 feet; South 62°21'48'' East 129.89 feet; South 29°12'53'' East 73.27 feet; South 25°54'13'' East 130.96 feet; South 33°33'09'' East 71.63 feet; South 59°58'50'' East 147.23 feet; South 75°54'06'' East 91.32 feet; North 71°26'21'' East 109.88 feet; North 47°12'43'' East 83.58 feet; North 56°08'18'' East 74.77 feet to the TRUE POINT OF BEGINNING.

3.15. Source: West Fork of the Little Thompson River and tributary springs. 3.16. Appropriation Date: October 13, 1971.

3.17. Amount: 300 AF CONDITIONAL.


9. DETAILED OUTLINE OF WHAT HAS BEEN DONE TOWARD COMPLETION OR FOR COMPLETION OF THE APPROPRIATION AND APPLICATION OF WATER TO A BENEFICIAL USE AS CONDITIONALLY DECREED, INCLUDING EXPENDITURES:

Canyon Lake is part of the Applicant’s integrated water storage and distribution system. This water storage and distribution system currently serves, or will serve, approximately 160 homes, and consists of decreed wells, a surface spring, five existing reservoirs, plus Canyon Lake, and the Big Elk Meadows Pipeline water right. The Applicant intends to complete work necessary to put the Canyon Lake water right to beneficial use as decreed in Case No. W-1769. Since the last diligence applications were filed for Canyon Lake (Case No. 95CW244) and the Big Elk Meadows Pipeline (Case No. 95CW243), the following work has been performed:

4.23. During the current diligence period the Applicant constructed an Intake Facility as an alternate point for diversion of the water right decreed conditional in Case No. W-1767. In addition, the Applicant constructed a Surface Water Treatment Facility. An associated pump facility currently delivers water from the Intake Facility located on the West Fork of the Little Thompson River to


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the Applicant’s Treatment Facility and water distribution system at a rate of 30 gpm. The cost to the Applicant for construction of the Intake Facility, treatment and pumping facilities during the diligence period was approximately $168,000.00.

4.24. The Applicant obtained a decree in Case No. 95CW238, District Court, Water Division 1, decree

entered February 25, 1997. The decree confirmed an absolute water right to appropriate 0.011 cfs from the Pasture Spring with an appropriation date of November 10, 1952, granted a conditional appropriative right of exchange with an appropriation date of September 5, 1995, granted augmentation as a change of use for storage water attributable to the Applicant’s shares in the Boulder and Larimer County Irrigation and Manufacturing Company, and approved a plan for augmentation for replacement of Applicant’s out of priority depletions. The Applicant expended $21,445.00 in legal and engineering consulting fees to obtain and implement the decree in Case No. 95CW238, all of which was expended since Applicant filed diligence applications in Case No. 95CW243 and 95CW244.

4.25. Since entry of the decree in Case No. 95CW238 the Applicant expended approximately

$21,812.00 on legal, engineering and other professional fees related to development and maintenance of all components of its water storage and delivery system.

4.26. The applicant expended an additional $67,350.00 during the diligence period for replacement and

maintenance of water mains and for pump house building and water distribution system mechanical maintenance projects.

4.27. The Applicant expended $7,080.00 for a report on hydraulic modeling of the Applicant’s water

distribution system prepared by Jim Miller of Harding ESE.

4.28. The Applicant made inquiries to and participated in discussions with Pinewood Springs Water District regarding Pinewood Springs’ possible participation in funding and construction of the Canyon Lake Dam project for the benefit of both organizations.

4.29. The Applicant made inquiries to the City of Longmont, Colorado regarding Longmont’s possible

participation in funding and construction of the Canyon Lake Dam Project for the benefit of both organizations.

4.30. The Applicant made inquiries to the United States Forest Service regarding the purchase or

exchange of USFS property necessary to construct Canyon Lake at its decreed location.

4.31. The Applicant applied to the Colorado Department of Public Health and Environment Water Quality Control Division Financial Assistance Program for $200,000.00 in financial assistance toward funding a project for storage and water treatment.

4.32. The Applicant filed a preliminary application with the Colorado Water Conservation Board for a

loan to construct Canyon Lake and for a grant in the maximum amount of $5,000.00 to pay for up to 50% of the cost for an engineering feasibility study for the project.

4.33. The Applicant made inquiries to two owners of shares of stock in the Boulder and Larimer County

Irrigation and Manufacturing Company a/k/a Old Ish for the purpose of purchasing additional water rights to replace evaporation losses from Canyon Lake when constructed.

4.34. The Board of Directors of the Applicant met to discuss and/or take affirmative action regarding

the water rights, water needs and conservation efforts, and maintenance and development of the Applicant’s water projects and water distribution systems.

4.35. The Applicant prepared annual reports for water years 1996-1997 through 2000-2001 for

submission to the Division Engineer, Water Division 1, including an annual Potable Water System


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Report, Lake Storage and Evaporation Report, Water Summary and Replacement Requirements and Lake Operations Report.

4.36. The Applicant conducted preliminary investigations into whether the location of Canyon Lake

Dam site as decreed is within a designated flood hazard zone according to the Federal Emergency Management Agency and whether or not a 100-year flood study has been completed for the decreed Canyon Lake Dam site.

4.37. The Applicant participated in a meeting with the Division Engineer for Division 1, the Water

Commissioner for District 4, and representatives of Pinewood Springs regarding inter alia the Applicant’s exchange under the decree in Case No. 95CW238 and its affect on Pinewood Springs’ water rights.

4.38. The Applicant commissioned a report by Blatchley Associates, Inc., regarding a “Test Release of

Storage Water from Meadow Lake into the West Fork of the Little Thompson River.” The cost of the test release and report to the Applicant was $4,716.00.

4.39. The Applicant reserves the right to identify additional relevant efforts that may be later discovered

or to make adjustments to amounts expended on certain projects. The Applicant made diligent efforts with regard to this application to determine and quantify all efforts made by Big Elk Meadows Association toward completion of the appropriations and application of the water rights decreed in Case No. W-1769 to beneficial use. However, it is possible that relevant efforts or expenditures may have been overlooked or need further adjustment.

10. CLAIMS TO MAKE ABSOLUTE:

The Applicant makes no claim to make absolute the conditional rights decreed in Case No. W-1769 during this diligence period.

11. NAMES AND ADDRESSES OF OWNERS OF THE LAND ON WHICH STRUCTURE IS OR

WILL BE LOCATED, UPON WHICH WATER IS OR WILL BE STORED, OR UPON WHICH WATER IS OR WILL BE PLACED TO BENEFICIAL USE: The proposed Canyon Lake Dam and reservoir site are located partially on public land under the jurisdiction of the Forest Service, United States Department of Agriculture, partially on State Land designated for the benefit of the public school system, and partially on land commonly owned by Applicant, a Home Owner’s Association


Applicant respectfully requests that this Court continue the conditional decree for Canyon Lake for the statutory period, and provide any other relief it finds just and appropriate in these circumstances. (8 PAGES)

2002CW253 City of Woodland Park, 220 W. South Ave., P.O. Box 9007, Woodland Park, CO 80866, attn: Jim Schultz (MacDougall, Woldridge & Worley, P.C., Julianne M. Woldridge, 530 Communication Circle, Suite 204, Colorado Springs, CO 80905) Application for Surface Water Rights, Underground Water Rights, and Storage Rights. IN TELLER COUNTY. II. Names of structures, permit numbers, locations, amounts, appropriation dates, and sources: A. The following wells, whose source is groundwater tributary to Trout Creek, a tributary of the South Platte River: 1. Reserve Well #2 (Permit No. 214746): SW1/4NW1/4, Sec. 12, T.12S., R.69W., 6th P.M., 3,060 feet from the South section line, and 727 feet from the West section line. Amount: 0.1 c.f.s., conditional. Appropriation Date: 12/17/1998. Approximate depth: 652 feet. 2. Golf Course Hole #11 (no permit): SW1/4NE1/4, Sec. 11, T.12S., R.69W., 6th P.M., 2,235 feet from the North section line, and 2,437 feet from the East section line. Amount: 0.25 c.f.s., conditional. Priority Date: 9/19/2002. 3. Lucky Lady No. 5


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(no permit): SW1/4NE1/4, Sec. 11, T.12S, R.69W., 6th P.M., 2,503 feet from the North section line, and 1,782 feet from the East section line. Amount: 0.25 c.f.s, conditional. Priority Date: 9/19/2002. 4. Lucky Lady No. 6 (no permit): SW1/4NE1/4, Sec. 11, T.12S., R.69W., 6th P.M., 2,328 feet from the North section line, and 1,760 feet from the East section line. Amount: 0.25 c.f.s., conditional. Priority Date: 9/19/2002. 5. Lucky Lady No. 7 (no permit): SW1/4NE1/4, Sec. 11, T.12S., R.69W., 6th P.M., 2,238 feet from the North section line, and 1,742 feet from the East section line. Amount: 0.25 c.f.s., conditional. Priority Date: 9/19/2002. 6. Golf Course No. 1 (no permit): NW1/4NE1/4, Sec. 11, T.12S., R.69W., 6th P.M., 740 feet from the North section line, and 2,325 feet from the East section line. Amount: 0.25 c.f.s., conditional. Priority Date: 9/19/2002. 7. Golf Course No. 2 (no permit): NW1/4NE1/4, Sec. 11, T.12S., R.69W., 6th P.M., 660 feet from the North section line, and 2,505 feet from the East section line. Amount: 0.25 c.f.s., conditional. Priority Date: 9/19/2002. 8. Trout Creek Road No. 1 (no permit): NW1/4NE1/4, Sec. 26, T.12S., R.69W., 6th P.M., 955 feet from the North section line, and 1,432 feet from the East section line. Amount: 0.20 c.f.s., conditional. Priority Date: 9/19/2002. 9.Trout Creek Road No. 2 (no permit): NW1/4NE1/4, Sec. 26, T.12S., R.69W., 6th P.M., 1,197 feet from the North section line and 1,511 feet from the East section line. Amount: 0.20 c.f.s., conditional. Priority Date: 9/19/2002. 10. Meadow Wood Park Well No. 1 (no permit): SE1/4SW1/4, Sec. 14, T.12S., R.69W., 6th P.M., 1,110 feet from the South section line and 2,380 feet from the West section line. Amount: 0.20 c.f.s., conditional. Priority Date: 10/3/2002. 11. Meadow Wood Park Well No. 2 (no permit): SE1/4SW1/4, Sec. 14, T.12S., R.69W., 6th P.M., 1,100 feet from the South section line and 2,430 feet from West section line. Amount: 0.20 c.f.s., conditional. Priority Date: 10/3/2002. 12. Meadow Wood Park Well No. 3 (no permit): SE1/4SW1/4, Sec. 14, T.12S., R.69W., 6th P. M., 1,050 feet from the South section line and 2.530 feet from the West section line. Amount: 0.20 c.f.s., conditional. Priority Date: 10/3/2002. 13. Meadow Wood Park Well No. 4 (no permit): SW¼SE¼, Sec. 14, T.12S., R.69W., 6th P.M., 1,060 feet from the South section line and 2,720 feet from the East section line. Amount: 0.20 c.f.s., conditional. Priority Date: 10/3/2002. 14. Meadow Wood Park Well No. 5 (no permit): SW¼SE¼, Sec. 14, T.12S., R.69W., 6th P.M., 750 feet from the South section line and 2,230 feet from the East section line. Amount: 0.20 c.f.s. conditional. Priority Date: 10/3/2002. 15. Meadow Wood Park Well No. 6 (no permit): SW¼SE¼, Sec. 14, T.12S., R.69W., 6th P.M., 720 feet from the South section line and 2,000 feet from the East section line. Amount: 0.20 c.f.s., conditional. Priority Date: 10/3/2002. 16. Meadow Wood Park Well No. 7 (no permit): SW¼SE¼, Sec. 14, T.12S., R.69W., 6th P.M., 1,290 feet from the South section line and 2,420 feet from the East section line. Amount: 0.20 c.f.s., conditional. Priority Date: 10/3/2002. 17. Trout Creek Road Well No. 3 (no permit): SE¼SW¼ of Sec. 23, T.12S., R.69W., 6th P.M., approximately 200 feet from the South section line and approximately 1,750 feet from the West section line. Amount: 0.20 c.f.s., conditional. Priority Date: 10/3/2002. 18. Trout Creek Road Well No. 4 (no permit): NW¼SW¼, Sec. 23, T.12S., R.69W., 6th P.M., approximately 510 feet from the West section line and approximately 1,280 feet from the South section line. Amount: 0.20 c.f.s., conditional. Priority Date: 10/3/2002. B. The following surface diversions: 1. Trout Creek Surface Diversion No. 1: SW1/4NE1/4, Sec. 11, T.12S., R.69W., 6th P.M., approximately 2,610 feet from the North section line and approximately 1,990 feet from the East section line. Amount: 0.50 c.f.s., conditional. Source: Trout Creek, a tributary of the South Platte River. Priority Date: 10/3/2002. 2. Trout Creek Surface Diversion No. 2: SE¼SW¼, Sec. 2, T.12S., R.69W., 6th P.M., approximately 257 feet from the South section line and 2,183 feet from the West section line. Amount: 1.5 c.f.s., conditional. Source: Trout Creek, a tributary of the South Platte River. Priority Date: 10/31/2002. 3. Mule Creek Surface Diversion No. 1: SE¼SE¼, Sec. 3, T.12S., R.69W., 6th P.M., approximately 20 feet from the South section line and approximately 180 feet from the East section line. Amount: 0.40 c.f.s., conditional. Source: Mule Creek, a tributary of Trout Creek, a tributary of the South Platte River. Priority Date: 10/3/2002. 4. Mule Creek Surface Diversion No. 2: NE¼SE¼, Sec. 3, T.12S., R.69W., 6th P.M., approximately 2,100 feet from the South section line and approximately 180 feet from the East section line. Amount: 0.40 c.f.s., conditional. Source: Mule Creek, a tributary of Trout Creek, a tributary of the South Platte River. Priority Date: 10/3/2002. C. The following water storage rights: 1. North Water Storage Pond No. 1: SE¼SW¼, Sec. 2, T.12S., R.69W., 6th P.M. (off stream). Amount: 20 acre-feet, fill and refill, conditional. Source: Trout Creek, a tributary of the South Platte River. Priority Date: 10/31/2002. 2. North Water Storage Pond No. 2: SE¼SW¼, Sec. 2, T.12S., R.69W., 6th P.M. (off stream). Amount: 20 acre-feet, fill and refill, conditional. Source: Trout Creek, a tributary of the South Platte River. Priority Date: 10/31/2002. Water to be stored in these ponds will be diverted from the Trout Creek Surface Diversion No. 2 described above, or fully consumable waste water effluent exchanged from Applicant’s Woodland Park Waste Water Treatment


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Plant outfall in the SE¼SW¼ of Sec. 2, T.12S., R.69W., 6th P.M. through a separately applied for exchange. III. How appropriations were initiated: by the City Council passing resolutions at public meetings authorizing the appropriations and by filing of this application. IV. Proposed use: municipal, irrigation, domestic, commercial and industrial uses within the City=s municipal water service area, generally described as Sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 23, 24, 25, and 26, T.12S. R.69W., 6th P.M. and Sections 6, 7, 18, 19, 30, and 31, T.12S. R.68W., 6th P.M., and as such service area may expand in the future. Each of the structures referenced above may be used as an alternate point of diversion for each conditional water right applied for herein. V. Names and addresses of owners of land on which structures will be located: City of Woodland Park, P.O. Box 9007, Woodland Park, CO 80866; Sturman Industries, 1 Innovation Way, Woodland Park, CO 80863; Global Golf Management, LLC, dba Shining Mountain Golf Course, 100 Lucky Lady Drive, Woodland Park, CO 80863; Waters Construction Co., P.O. Box 6808, Woodland Park, CO 80866; Dana E. Duncan, 3515 Masters Drive, Colorado Springs, CO 80907. VI. Remarks: Applicant is a municipality. The structures will be used to supply water to the City=s municipal water supply system and for irrigation of a golf course, parks, and sports playing fields within the City’s service area. Augmentation to allow out-of-priority diversions will be provided pursuant to a plan for augmentation, the approval for which is being applied for concurrently with this application. The City currently has augmentation water available for this purpose. Water will not be diverted from these structures out-of-priority without the benefit of replacement or augmentation pursuant to a substitute supply plan or augmentation plan. Pursuant to C.R.S. ∋37-92-305(6)(a), Applicant will apply for a new well permits under C.R.S. ∋37-90-137, as soon as practicable. Applicant will obtain permanent easements for access to each structure and associated water, power, and control pipes, where necessary.Applicant requests a decree awarding the claimed conditional water rights and that all structures be decreed as alternate points of diversion for all water rights applied for herein. 2002CW254 CITY OF WOODLAND PARK. (Robert V. Trout, TROUT, WITWER & FREEMAN, P.C., 1120 Lincoln St., Suite 1600, Denver, CO 80203). Application for Plan for Augmentation, and Appropriative Rights of Exchange, IN TELLER AND EL PASO COUNTIES . 1. Name, address and telephone number of applicant: City of Woodland Park, Attention: James R. Schultz, Utilities Director, 220 W. S Ave., P.O. Box 9007, Woodland Park, CO 80866, telephone: (719) 687-9246. 2. Names of structures to be augmented: The following tributary structures adjudicated May 3, 2000, in Case No. 98CW461 in District Court, Water Div. No. 1, Colorado; Source: Groundwater tributary to Trout Creek, which is tributary to the South Platte River; Priority Date: December 17, 1998: Woodland Valley Ranch Well #1 (Permit No. 55763-F); Location: SW1/4SW1/4, Sec. 12, T12S , R69W, 6th PM, 70 ft from the W sec. line, and 440 ft from the S sec. line; Amount: 0.25 cfs conditional. Woodland Valley Ranch Well #2 (Permit No. 56228-F); Location: SE1/4SE1/4, Sec. 11, T12S, R69W, 6th PM, 259 ft from the E sec. line, and 333 ft from the S sec. line; Amount: 0.25 cfs conditional. Woodland Valley Ranch Well #3 (Permit No. 56225-F); Location: SE1/4SE1/4, Sec. 11, T12S, R69W, 6th PM, 548 ft from the E sec. line, and 488 ft from the S sec. line; Amount: 0.25 cfs conditional. Reserve Well #1 (Permit No. 136655); Location: SW1/4NW1/4, Sec. 12, T12S, R69W, 6th PM, 1241 ft from the W sec. line, and 3194 ft from the S sec. line; Amount: 0.10 cfs conditional. Waters Well #1 (Permit No. 56226-F); Location: NE1/4NE1/4, Sec. 14, T12S, R69W, 6th PM, 525 ft from the N sec. line, and 200 ft from the E sec. line; Amount: 0.25 cfs conditional. Waters Well #2 (Permit No. 56227-F); Location: NE1/4NE1/4, Sec. 14, T12S, R69W, 6th PM, 1075 ft from the N sec. line, and 200 ft from the E sec. line; Amount: 0.25 cfs conditional. Tamarac Well #1 (Permit No. 56224-F); Location: NW1/4NW1/4, Sec. 13, T12S, R69W, 6th PM, 535 ft from the N sec. line, and 878 ft from the W sec. line; Amount: 0.20 cfs conditional. The following tributary structure pending adjudication in Case No. 2001 CW 172, District Court, Water Div. No. 1, Colorado: Tamarac Well #2 (Permit No. 214747); Location: W1/4SW1/4, Sec. 12, T12S, R69W, 6th PM, approximately 135 ft from the S sec. line, and 303 ft from the W sec. line; Amount: 0.15 cfs conditional; Source: Groundwater tributary to Trout Creek, which is tributary to the South Platte River; Appropriation Date: December 17, 1998. The following tributary structures pending adjudication in Case No. 98 CW 449, District Court, Water Div. No. 1, Colorado: Trout Creek Well Field Enlargement, consisting of the enlargement of four wells called Trout Creek Well Field Well Nos. 1, 2, 3, and 4; Location: On the line between the NE1/4 and the SE1/4 of Sec. 11, T12S, R69W, 6th PM, Teller County, the following distances E of the center point of


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said Sec. 11: Trout Creek Well Field No. 1 (Permit No. 58167-F): 500 ft; Trout Creek Well Field No. 2 (Permit No. 58168-F): 700 ft; Trout Creek Well Field No. 3 (Permit No. 233343): 900 ft; Trout Creek Well Field No. 4 (Permit No. 237982): 1100 ft; Amount: 0.75 cfs for all four wells combined, conditional, over and above the 0.25 cfs claimed in Case No. 96CW69; Source: Groundwater tributary to Trout Creek, which is tributary to the South Platte River; Appropriation Date: August 20, 1998. The following tributary structure for which an application for a conditional water right is being filed concurrently with this application: Reserve Well #2 (Permit No. 214746); Location: SW1/4NW1/4, Sec. 12, T12S, R69W, 6th PM, 3060 ft from the S sec. line, and 727 ft from the W sec. line; Amount: 0.1 cfs conditional; Source: Groundwater tributary to Trout Creek, which is tributary to the South Platte River; Appropriation Date: December 17, 1998. The following tributary structures for which applications for conditional water rights are being filed concurrently with this application; Source: Groundwater tributary to Trout Creek, which is tributary to the South Platte River; Priority Date: September 19, 2002: Golf Course Hole #11 (no permit); Location: SW1/4NE1/4, Sec. 11, T12S, R69W, 6th PM, 2235 ft from the N sec. line, and 2437 ft from the E sec. line; Amount: 0.25 cfs conditional. Lucky Lady No. 5 (no permit); Location: SW1/4NE1/4, Sec. 11, T.12S, R69W, 6th PM, 2503 ft from the N sec. line, and 1782 ft from the E sec. line; Amount 0.25 cfs conditional. Lucky Lady No. 6 (no permit); Location: SW1/4NE1/4, Sec. 11, T12S, R69W, 6th PM, 2,328 ft from the N sec. line, and 1,760 ft from the E sec. line; Amount: 0.25 cfs conditional. Lucky Lady No. 7 (no permit); Location: SW1/4NE1/4, Sec. 11, T12S, R69W, 6th PM, 2238 ft from the N sec. line, and 1742 ft from the E sec. line; Amount: 0.25 cfs conditional. Golf Course No. 1 (no permit); Location: NW1/4NE1/4, Sec. 11, T12S, R69W, 6th PM, 740 ft from the N sec. line, and 2325 ft from the E sec. line; Amount: 0.25 cfs conditional. Golf Course No. 2 (no permit); Location: NW1/4NE1/4, Sec. 11, T12S, R69W, 6th PM, 660 ft from the N sec. line, and 2505 ft from the E sec. line; Amount: 0.25 cfs conditional. Trout Creek Road No. 1 (no permit); Location: NW1/4NE1/4, Sec. 26, T12S, R69W, 6th PM, 955 ft from the N sec. line, and 1432 ft from the E sec. line; Amount: 0.20 cfs conditional. Trout Creek Road No. 2 (no permit); Location: NW1/4NE1/4, Sec. 26, T12S, R69W, 6th PM, 1197 ft from the N sec. line and 1511 ft from the E sec. line; Amount: 0.20 cfs conditional. The following tributary structures for which applications for conditional water rights are being filed concurrently with this application; Source: Trout Creek, which is tributary to the South Platte River; Priority Date: October 3, 2002: Trout Creek Surface Diversion No. 1; Location: SW1/4NE1/4, Sec. 11, T12S, R69W, 6th PM, approximately 2610 ft from the N sec. line, and approximately 1990 ft from the E sec. line; Amount: 0.50 cfs conditional. Mule Creek Surface Diversion No. 1; Location: SE1/4SE1/4, Sec. 3, T12S, R69W, 6th PM, approximately 20 ft from the S sec. line, and approximately 180 ft from the E sec. line; Amount: 0.40 cfs conditional. Mule Creek Surface Diversion No. 2; Location: NE1/4SE1/4, Sec. 3, T12S, R69W, 6th PM, approximately 2100 ft from the S sec. line, and approximately 180 ft from the E sec. line; Amount: 0.40 cfs conditional. Meadow Wood Park Well No. 1 (no permit); Location: SE1/4SW1/4, Sec. 14, T12S, R69W, 6th PM, 1110 ft from the S sec. line, and 2380 ft from the W sec. line; Amount: 0.20 cfs conditional. Meadow Wood Park Well No. 2 (no permit); Location: SE1/4SW1/4, Sec. 14, T12S, R69W, 6th PM, 1100 ft from the S sec. line, and 2430 ft from the W sec. line; Amount: 0.20 cfs conditional. Meadow Wood Park Well No. 3 (no permit); Location: SE1/4SW1/4, Sec. 14, T12S, R69W, 6th P. M., 1050 ft from the S sec. line, and 2530 ft from the W sec. line; Amount: 0.20 cfs conditional. Meadow Wood Park Well No. 4 (no permit); Location: SW1/4SE1/4, Sec. 14, T12S, R69W, 6th PM, 1060 ft from the S sec. line, and 2720 ft from the E sec. line; Amount: 0.20 cfs conditional; Meadow Wood Park Well No. 5 (no permit); Location: SW1/4SE1/4, Sec. 14, T12S, R69W, 6th PM, 750 ft from the S sec. line, and 2230 ft from the E sec. line; Amount: 0.20 cfs conditional. Meadow Wood Park Well No. 6 (no permit); Location: SW1/4SE1/4, Sec. 14, T12S, R69W, 6th PM, 720 ft from the S sec. line, and 2000 ft from the E sec. line; Amount: 0.20 cfs conditional. Meadow Wood Park Well No. 7 (no permit); Location: SW1/4SE1/4, Sec. 14, T12S, R69W, 6th PM, 1290 ft from the S sec. line, and 2420 ft from the E sec. line; Amount: 0.20 cfs conditional. Trout Creek Road Well No. 3 (no permit); Location: SE1/4SW1/4 of Sec. 23, T12S, R69W, 6th PM, 200 ft from the S sec. line, and 1750 ft from the W sec. line; Amount: 0.20 cfs conditional . Trout Creek Road Well No. 4 (no permit); Location: NW1/4SW1/4 of Sec. 23, T12S, R69W, 6th PM, approximately 510 ft from the W sec. line and approximately 1280 ft from the S sec. line; Amount: 0.20 cfs conditional. The following tributary structures for which applications for conditional water rights are being filed concurrently with this application; Priority Date: October 31, 2002: Trout Creek Surface Diversion No. 2; Location: SE1/4SW1/4 of Sec. 2, T12S, R69W, 6th P. M., 257 ft from the S sec. line, and 2183 ft from the W sec. line; Amount: 1.5 cfs conditional; Source: Trout Creek, which is tributary to the South Platte River. North Water Storage Pond No. 1. Location: an off-stream impoundment located in the SE1/4SW1/4 of Sec. 2, T12S, R69W, 6th PM; Amount: 20 acre feet, fill and


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refill, conditional; Source: Trout Creek, which is tributary to the South Platte River, through the Trout Creek Surface Diversion No. 2, or effluent from the Waste Water Treatment Plant. North Water Storage Pond No. 2; Location: an off-stream impoundment located in the SE1/4SW1/4 of Sec. 2, T12S, R69W, 6th PM; Amount: 20 acre feet, fill and refill, conditional; Source: Trout Creek, which is tributary to the South Platte River, through the Trout Creek Surface Diversion No. 2, or effluent from the Waste Water Treatment Plant. Triple B Ranch and Western Resort: Location: NE1/4SE1/4, Sec. 2, T12S, R69W, 6th PM; Permit No. 058017-F (existing well): 1950 ft from the S sec. line, and 885 ft from the E sec. line; Permit No. 058018-F: 2022 ft from the S sec. line, and 435 ft from the E sec. line; Amount: 15 gpm, 18 acre feet annual average (each well);1.8 acre feet maximum annual out-of-priority depletions, 0.4 acre feet maximum monthly out-of-priority depletions (combined total); Source: Groundwater tributary to Trout Creek, which is tributary to the South Platte River; Uses: Commercial purposes at the Triple B Ranch, including but not limited to drinking and sanitary purposes for rental cabins and a restaurant, livestock watering, and the filling of a swimming pool. New wells located within the Trout Creek Augmentation Plan Area: Location: Land owned by the parties identified in paragraph 7(AI) of the Application [Dana Duncan, Global Golf Management LLC, dba Shining Mountain Golf Course, Sturman Industries, Waters Construction Co., and the City of Woodland Park] that is also located within Water Div. No. 1 and that is also located within those portions of Sections 11, 14, and 23, excluding the SW1/4SW1/4 of Sec. 23, T.12S, R69W, 6th PM, lying E of Trout Creek and W of State Highway 67; Amounts: 1.0 cfs conditional (total) as granted in future decrees or well permits; Source: Groundwater tributary to Trout Creek, which is tributary to the South Platte River; Priority Date: as granted in future decrees or well permits. 3.Water rights to be used for augmentation: Pursuant to a Water Conveyance Agreement dated July 24, 1995, between the City of Colorado Springs and Woodland Park (“Conveyance Agreement”), Colorado Springs agreed to convey up to 500 acre feet of water per year to Woodland Park through the Homestake Pipeline. The Conveyance Agreement has a 99-year term and is renewable. Colorado Springs has conceptually agreed to modify the Conveyance Agreement to convey an additional 125 acre feet per year, up to a total of 625 acre feet per year. The modified agreement has been drafted and is under review as of October 2002. Under the Conveyance Agreement with Colorado Springs, Woodland Park committed to purchase 500 acre feet of its own consumable transbasin water rights and pay Colorado Springs to convey that water to Woodland Park. Through October 2002, Woodland Park has purchased shares in the Twin Lakes Reservoir and Canal Company equaling 489 acre feet, and has another water purchase pending. Woodland Park intends to acquire water rights totaling 625 acre feet per year from shares in the Twin Lakes Reservoir and Canal Company and other sources from outside Div. No. 1; this water will be conveyed to Woodland Park by Colorado Springs. Of the 500 acre feet of transbasin water to be carried for Woodland Park pursuant to the existing Conveyance Agreement, up to approximately 481.3 acre-ft per year will be fully consumable pursuant to C.R.S. § 37-82-106 in Water Div. No. 1. Woodland Park has historically used this imported water for municipal purposes, and has provided approximately 45 percent of the City’s municipal water supply. Woodland Park intends to continue to use this water for municipal purposes and to dedicate the return flows from the use of this water to augmentation purposes in this augmentation plan and its augmentation plan being adjudicated in Case No. 86CW376, Water Div. No. 1. 4. Historic use: Since 1970, Woodland Park has used consumable transbasin water brought to the City through a Colorado Springs pipeline as a source of raw water and as a source of augmentation water. Pursuant to two 1969 agreements, Woodland Park purchased water from a third party and traded it to Colorado Springs for consumable transbasin water from the Homestake Pipeline. In the 1995 Conveyance Agreement with Colorado Springs, Woodland Park committed to purchase 500 acre feet of its own consumable transbasin water rights and to pay Colorado Springs to convey that water to Woodland Park. Through October 2002, Woodland Park has purchased transbasin water rights shares equaling 489 acre feet. 5. Statement of plan for augmentation: Woodland Park is a municipality with a growing population and simultaneous increasing needs for raw water supply. Woodland Park proposes to divert water out of priority from the existing and new structures listed in the Application, and to replace depletions caused by such out of priority diversions as necessary to prevent material injury to other vested water rights; Woodland Park will return nontributary water imported into the South Platte Basin under the Conveyance Agreement to Trout Creek at the Woodland Park sewage treatment plant outlet on Trout Creek, through measured seepage from the Loy Gulch Reservoir, and through lawn irrigation and septic tank return flows. Seepage from the Loy Gulch Reservoir accrues in the NE1/4SW1/4 of Sec. 17, T12S, R.68W., 6th PM. Discharges from the Waste Water Treatment Plant occur in the SE1/4SW1/4 of Sec. 2, T12S, R69W, 6th PM. All water produced by the plan will be used for municipal, irrigation, domestic, commercial and industrial purposes. Woodland


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Park intends to operate the augmentation plan sought to be approved in this case in a manner identical to the augmentation plan being adjudicated in Case No. 86CW376, Water Div. No. 1, using the same depletion factors, operating procedures and accounting forms. The structures included in this augmentation plan will be added to the accounting forms currently used by the City. 6. Statement of claim for appropriative right of exchange: Since Woodland Park anticipates that there will be times when some of its nontributary water imported into the South Platte Basin will not be required under this augmentation plan or the augmentation plan being adjudicated in Case No. 86CW376, Water Div. No. 1, Woodland Park requests adjudication of an appropriative right of exchange pursuant to §§ 37-82-106 and 37-92-305 (5), C.R.S. (2002). The exchange will operate to allow Woodland Park to store fully consumable waste water effluent, at times when it is not needed for augmentation purposes, for later use. The reach of the exchange shall extend from the Woodland Park Waste Water Treatment Plant outfall in the SE1/4SW1/4 of Sec. 2, T12S, R69W, 6th PM, to the North Water Storage Pond No. 1 and to the North Water Storage Pond No. 2, which are located off-stream. The exchange will be administered with a priority date of October 31, 2002, at a maximum flow rate of 1.5 cfs. 7. Names and addresses of owners of land on which structures are located: Woodland Valley Ranch Well #1, Woodland Valley Ranch Well #2: Applicant. Woodland Valley Ranch Well #3: Global Golf Management LLC, dba Shining Mountain Golf Course, 100 Lucky Lady Drive, Woodland Park, CO 80863. Reserve Well #1: Applicant. Waters Well #1, Waters Well#2: Waters Construction Co., P.O. Box 6808, Woodland Park, CO 80866. Tamarac Well #1: Brian O’Keefe, dba O’Keefe Ceramics, 845 Research Drive, Woodland Park, CO 80863. Tamarac Well #2: Tamarac Land Co., 800 Research Drive, Woodland Park, CO 80863. Reserve Well #2: Reserve at Tamarac Homeowner’s Association, c/o Dana Duncan, Tamarac Community Management Co., P.O. Box 5044, Woodland, Park, CO 80666. Golf Course Hole #11: Global Golf Management LLC, dba Shining Mountain Golf Course, 100 Lucky Lady Drive, Woodland Park, CO 80863. Trout Creek Road No. 1, Trout Creek Road No. 2: Sturman Industries, 1 Innovation Way, Woodland Park, CO 80863. Lucky Lady No. 5, Lucky Lady No. 6, Lucky Lady No. 7, Golf Course No. 1, Golf Course No. 2: Global Golf Management LLC, dba Shining Mountain Golf Course, 100 Lucky Lady Drive, Woodland Park, CO 80863. Trout Creek Surface Diversion No.1, Mule Creek Surface Diversion No. 1, Mule Creek Surface Diversion No. 2: Applicant. Meadow Wood Park Well No. 1, Meadow Wood Park Well No. 2: Sturman Industries, 1 Innovation Way, Woodland Park, CO 80863. Meadow Wood Park Well No.3, Meadow Wood Park Well No. 4, Meadow Wood Park Well No. 5, Meadow Wood Park Well No. 6, Meadow Wood Park Well No. 7, Trout Creek Road Well No. 3, Trout Creek Road Well No. 4: Applicant. Trout Creek Surface Diversion No. 2: Global Golf Management LLC, dba Shining Mountain Golf Course, 100 Lucky Lady Drive, Woodland Park, CO 80863. North Water Storage Pond No. 1, North Water Storage Pond No. 2: Applicant. Well Permit No. 058017-F, Well Permit No. 058018-F (Triple B Ranch): Stand Firm LLP, dba Triple B Ranch and Western Resort, 27640 N. Hwy 67, Woodland Park, CO 80863. Trout Creek Augmentation Plan Area: Dana Duncan, 3515 Masters Drive, Colorado Springs, CO 80907; Global Golf Management LLC, dba Shining Mountain Golf Course, 100 Lucky Lady Drive, Woodland Park, CO 80863; Sturman Industries, 1 Innovation Way, Woodland Park, CO 80863; Waters Construction Co., P.O. Box 6808, Woodland Park, CO 80866; Applicant. (22 pages). 98CW444 LOWRY ENVIRONMENTAL PROTECTION/CLEANUP TRUST. Michael D. Shimmin, Lisa C. Ledet , Vranesh & Raisch, LLP, P.O. Box 871, Boulder, CO 80306-0871 Telephone: (303) 443-6151 Fax: (303) 443-9586. Email: [email protected]; [email protected] AMENDMENT TO APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION, IN ARAPAHOE COUNTY Applicant, Lowry Environmental Protection/Cleanup Trust (“Lowry Trust” or “Applicant”), by and through its undersigned attorneys, hereby submits this Amendment to Application for Approval of Plan for Augmentation (“Amendment”). The original application was filed on December 30, 1998 (“Original Application”) for the purpose of seeking approval of a plan for augmentation for water consumed during remediation efforts at the Lowry Landfill Superfund Site (“Site”). Since that time, the Applicant has been replacing the water consumed by its remediation activities pursuant to a Substitute Water Supply Plan approved by the State Engineer. In the course of the remediation activities, Applicant has discovered that it is necessary to augment additional structures at the Site. Accordingly, the Original Application is hereby amended to add the following additional features:


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1. Paragraph 2 of the Original Application shall be amended to read as follows:

Name of structures to be augmented:

A. Lowry North Boundary Barrier Wall Sump located in the SE ¼ SW ¼ of Section 31, T4S, R65W, 6th P.M.

B. Lowry North Toe Extraction System Sump, located in the NE ¼ SW ¼ of Section 6, T5S,

R65W, 6th P.M.

C. Any monitoring or extraction wells located in Section 6, T5S, R65W and S ½ of Section 31, T4S, R65W, 6th P.M. As part of its remediation activities, Applicant has drilled, and may drill in the future, a variable number of monitoring or extraction wells at the Site. Applicant maintains records describing the location and technical specifications of these wells, which are reported annually to the State Engineer pursuant to an agreement with the State Engineer. Applicant requests that all such monitoring or extraction wells be covered by this augmentation plan.

2. In addition to the description of the plan for augmentation contained in Paragraph 5 of the Original

Application, the following additional provisions shall be included in the plan for augmentation by this Amendment:

During the course of conducting remediation activities at the Site, the Applicant has discovered a need to augment additional structures at the Site. The remediation activities include the construction of wells at the Site to monitor for the presence of ground water contamination at various locations. Occasionally, contaminated ground water is found to be present, and it is pumped from the ground for treatment in the same manner as other contaminated ground water. The applicant will replace the 5% consumptive use of this water from either of the two augmentation sources described in Paragraph 3 of the Original Application by injecting the augmentation water into the ground water injection trench located in Section 31 or by a direct discharge of the water to the Murphy Creek drainage in the same vicinity.

The amount of ground water pumped from the monitoring and extraction wells will be recorded, and Applicant will include these amounts in its augmentation plan accounting on forms acceptable to the Division Engineer.

All other items in the Original Application including replacement of the other ground water depletions resulting from there mediation activities at the Site, shall remain as published in the December 1998 resume and all Statements of Opposition previously filed in this case shall apply without the need for further filing.

99CW231 THE CITY OF GREELEY, ACTING BY AND THROUGH ITS WATER AND SEWER BOARD. (Douglas M. Sinor, Trout, Witwer & Freeman, P.C., 1120 Lincoln Street, Suite 1600, Denver, CO 80203. Phone: 303-861-1963. Fax: 303-832-4465). FIRST AMENDMENT TO APPLICATION, IN WELD COUNTY

Name, address and telephone number of Applicant: City of Greeley, Acting by and through its Water and Sewer Board (“Greeley”) 1100 10th Street Greeley, Colorado 80631 (970) 350-9291

Application For Underground Water Rights: In addition to the underground water rights claimed in the original application, Greeley seeks confirmation of the following underground water rights:

A. Names of ponds or wells: East Greeley Elementary School Well Poudre River Ranch Gravel Lake


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Balsam Sports Complex Well North Greeley Habitat for Humanity Well

B. Legal description of wells or ponds: (1) East Greeley Elementary School Well: The proposed location of the well is in the Northwest 1/4 of the

Northwest 1/4 of Section 15, Township 5 North, Range 65 West, 6th Prime Meridian, Weld County, Colorado. Monitoring hole permit no. MH - 40750

(2) Poudre River Ranch Gravel Lake: Southwest 1/4 of Section 33, Township 6 North, Range 66 West, 6th Prime Meridian, Weld County, Colorado.

(3) Balsam Sports Complex Well: The proposed location of the well is 2150 ft. West of the East Section Line and 150 ft. North of the South Section line in Section 16, Township 5 North, Range 65 West, 6th Prime Meridian, Weld County, Colorado

(4) North Greeley Habitat for Humanity Well: Existing un-registered well located 1,500 ft East of the West Section Line and 700 ft South of the North Section Line in Section 6, Township 5 North, Range 65 West, 6th Prime Meridian, Weld County, Colorado.

C. Depth: (1) East Greeley Elementary School Well: The well is proposed to be approximately 70 feet in depth. (2) Poudre River Ranch Gravel Lake: The lake is approximately 15 feet in depth, with a surface acreage of

approximately 8.04 acres. (3) Balsam Sports Complex Well: The well is proposed to be approximately 70 feet in depth. (4) North Greeley Habitat for Humanity Well: Unknown.

D. Source: (1) East Greeley Elementary School Well: Ground water tributary to the Cache la Poudre River. (2) Poudre River Ranch Gravel Lake: Ground water tributary to the Cache la Poudre River. (3) Balsam Sports Complex Well: Ground water tributary to the Cache la Poudre River. (4) North Greeley Habitat for Humanity Well: Ground water tributary to the Cache la Poudre River.

E. Date of appropriation and how appropriation was initiated: (1) East Greeley Elementary School Well: June 7, 2002. By formation of intent to appropriate, together

with the drilling of a test hole. (2) Poudre River Ranch Gravel Lake: July 1, 1999. By formation of intent to appropriate together with

construction of the lake. Approval of a temporary substitute supply plan to replace evaporative depletions from the lake was obtained October 23, 2001.

(3) Balsam Sports Complex Well: Date of this First Amendment of Application. By formation of intent to appropriate together with the filing of this First Amendment to Application.

(4) North Greeley Habitat for Humanity Well: Date of this First Amendment of Application. By formation of intent to appropriate together with the filing of this First Amendment to Application.

F. Date water first applied to beneficial use: (1) East Greeley Elementary School Well: Not applicable. (2) Poudre River Ranch Gravel Lake: July 1, 1999. (3) Balsam Sports Complex Well: Not applicable. (4) North Greeley Habitat for Humanity Well: Not applicable.

G. Amount claimed: (1) East Greeley Elementary School Well: 200 gpm (0.45 cfs), conditional. (2) Poudre River Ranch Gravel Lake: 28 gpm (0.062 cfs), absolute. (3) Balsam Sports Complex Well: 350 gpm (0.78 cfs), conditional. (4) North Greeley Habitat for Humanity Well: 500 gpm (1.11 cfs), conditional.

H. Uses: (1) East Greeley Elementary School Well: Irrigation of approximately twenty (20) acres located in parts of

the Northwest 1/4 of Section 15, Township 5 North, Range 65 West, 6th Prime Meridian, Weld County, Colorado.

(2) Poudre River Ranch Gravel Lake: Maintenance of lake level in, and replacement of evaporation from, the Poudre River Ranch Gravel Lake, which has a surface acreage of approximately 8.04 acres.

(3) Balsam Sports Complex Well: Irrigation of approximately fifteen (15) acres located in parts of the West 1/2 of the Northwest 1/4 of the Southeast 1/4 in Section 16, Township 5 North, Range 65 West, 6th Prime Meridian, Weld County, Colorado.

(4) North Greeley Habitat for Humanity Well: Irrigation of approximately seventeen (17) acres located in parts of the Northeast 1/4 of the Northwest 1/4, Northwest 1/4 of the Northeast 1/4 in Section 6,


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Township 5 North, Range 65 West, 6th Prime Meridian Weld County, Colorado. I. Names addresses of owners of land on which points of diversion and places of use are located.

(1) East Greeley Elementary School Well: Greeley-Evans School District #6 c/o Greg Philp 2204 5th Avenue Greeley, CO 80631

(2) Poudre River Ranch Gravel Lake: City of Greeley (3) Balsam Sports Complex Well: City of Greeley (4) North Greeley Habitat for Humanity Well:

Greeley Habitat for Humanity, Inc. c/o Jim Vetting 134 11th Ave Greeley, CO 80631

Application For Water Storage Right: In addition to the surface water right claimed in the original application and the underground water rights claimed in this First Amendment to Application, Greeley seeks confirmation of the following water storage right: A. Name of structure: McCloskey Park Pond. B. Legal description of point of diversion: The McCloskey Park Pond diverts water from Sheep

Draw at a point approximately 300 feet East of the West section line and 1500 feet South of the North section line of Section 9, Township 5 North, Range 66 West, 6th Prime Meridian, Weld County, Colorado. The pond is located in the Northwest 1/4 of said Section 9.

C. Source: Sheep Draw, tributary to the Cache la Poudre River. D. Date of initiation of appropriation and how appropriation was initiated: Date of this First

Amendment to Application. By formation of intent to appropriate together with the filing of this First Amendment to Application.

E. Date water first applied to beneficial use: Not applicable. F. Amount claimed: 30 acre-feet, with the right to fill and refill. G. Uses: Maintenance of water level in, and replacement of evaporation from, the McCloskey

Park Pond, which has a proposed surface acreage of approximately 10 acres, and irrigation of up to approximately 260 acres in the South 1/2 of Section 4 and in Section 9, Township 5 North, Range 66 West, 6th Prime Meridian, Weld County, Colorado.

H. Names addresses of owners of land on which points of diversion and places of use are located:

Point of diversion: City of Greeley

Place of use: McCloskey Park; City of Greeley; Westside Baptist Church Greeley CO

Inc., P.O. Box 337145, Greeley, CO 80633; 2059 Development LLC - Fox Run Subdivision, c/o James Smith, 3384 East Mulberry Street, Fort Collins, CO 80524; West Colorado Square LTD and Lawerance Hertzke, 3835 West 10th Street, Greeley, CO 80634; University Lab School Building Corporation, Campus Box 118 – Lehr Hall, Greeley, CO 80639; Frontier Academy Development LLC, 2990 West 29th Street #1, Greeley, CO 80634; Palisade Mountain Investments LLC, 361 71st Ave, Greeley, CO 80634; J Arthur Real Estate LLC, 3545 12th Street #203, Greeley, CO 80634; McCloskey Development, Gerald McCloskey, 6602 10th Street, Greeley, CO 80634; Clifford R Dyer, PO Box 317, Glen Haven, CO 80532; Michelle Lore Gandy, 67 Charlie Daughdrill Road, Carriere, MS 39426; Hewlitt Packard, c/o Dan Roberts, Hewlett Packard, Greeley Division, 700 71st Avenue, Greeley, CO 80634. 4. Amendment of Application for Surface Water Right, Including Storage:

A. Greeley seeks to correct a clerical error in paragraph 14 of the original application. Paragraph 14, regarding the amount claimed for the Northridge Enlargement water right, is amended in entirety as follows:

Amount claimed: 7.0 cfs (3,143 cfs), of which 5.0 cfs (2,245 gpm) is absolute and 2.0 cfs (898 gpm) is conditional, for the uses described in paragraph 15 of the original application as amended herein.


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B. Paragraph 15 of the original application, regarding the use or proposed use of the Northridge Enlargement water right, is amended to include the following additional use:

Irrigation of approximately 4 acres near the Poudre River Ranch Townhomes in the South 1/2 of Section 32 and Southwest 1/4 of Section 33, Township 6 North, Range 66 West, 6th Prime Meridian, Weld County, Colorado.

5. Amendment of Application For Approval of Plan For Augmentation Including Exchange: The plan for augmentation including exchange described in the original application is hereby

amended to include augmentation of the additional wells and ponds described in sections 2. and 3. hereof and of the Northridge Enlargement for the additional use described in paragraph 4.B. hereof. Greeley also seeks appropriative rights of exchange from the “exchange from points” described in paragraph 19 of the original application to the points of diversion for the additional wells and ponds described in sections 2. and 3. hereof. As part of the plan for augmentation, Greeley claims the right to divert water, both directly and by exchange, through said points of diversion in the amounts set forth in paragraphs 2.G. and 3.F. hereof, and for the uses described in paragraphs 2.H. and 3.G. hereof. 2000CW258, CONCERNING THE APPLICATION FOR WATER RIGHTS OF D.M.I. CAPITAL, LLC, AMENDED APPLICATION FOR APPROVAL OF WATER RIGHT AND WATER STORAGE RIGHT, IN DOUGLAS COUNTY. Name, address and telephone number of Applicant: D.M.I. Capital, LLC, 20 Inverness Place East, Englewood, Colorado 80112-5622 (303) 705-2107 (Carmen Hall, Petrock & Fendel, P.C., 700 17th Street, #1800, Denver, Colorado 80202 (303) 534-0702). COMES NOW Applicant, by and through its undersigned attorneys, and hereby amends the application filed with this Court on December 29, 2000, to correct the reference to legal descriptions for two structures as follows: The actual location of the Purdy Ditch headgate is in the NW1/4SW1/4 of Section 10, T8S, R68W of the 6th P.M., and the actual location of the Pinecliff Ranch Pond #1 is in the NE1/4SW1/4 of Section 10, T8S, R68W of the 6th P.M. All other matters remain the same as shown in the December, 2000, resume for Water Division 1. WHEREFORE, Applicant prays that this court enter a decree for the relief requested in this amended application and for such further relief as the court deems proper in the premises. 2002CW211 HAWTHORNE FAMILY LIMITED PARTNERSHIP, LTD., HUGH AND LORI HAWTHORNE, AND ILENE BRYCE, APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY AND NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY UPPER AND LOWER ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY DENVER AND LOWER ARAPAHOE AQUIFERS, IN ARAPAHOE, ADAMS, AND WELD COUNTIES. Names, addresses, and telephone numbers of Applicants: Hawthorne Family Limited Partnership, Ltd., 35288 E. 6th Ave., Watkins, Colorado 80137-9001 (303) 366-7939, Hugh and Lori Hawthorne, 1771 Weld County Road 23, Brighton, Colorado 80601 (303) 659-4041, Ilene Bryce, 13867 Lexington Place, Broomfield, Colorado 80020 (303) 474-0591. (Carmen Hall, Petrock & Fendel, P.C., 700 17th Street, Suite 1800, Denver, Colorado 80202 (303) 534-3636). COMES NOW Applicants, by and through their undersigned attorneys, and hereby amend the application filed with this Court in September, 2002, to add an additional parcel of land as follows: 20 acres of land located in the E1/2SE1/4NW1/4 of Section 31, T3S, R64W of the 6th P.M. The parcel is contiguous to a 64 acre tract described in the original application and the values associated with this 20 acre tract are the same as referenced in the original application for the 64 acres. All other matters remain the same as shown in the September, 2002, resume for Water Division 1. WHEREFORE, Applicant prays that this court enter a decree for the relief requested in this amended application and for such further relief as the court deems proper in the premises. YOU ARE HEREBY NOTIFIED THAT YOU HAVE, until the last day of December, 2002 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why a certain application should not be granted or why it should be granted only in part or on certain conditions. A copy of each statement of opposition must also be served upon the Applicant or the Applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing fee: $45.00). MARY A. CRESPIN, Water Clerk, Water Division 1, POB 2038, Greeley, CO 80632. RULINGS ENTERED BY REFEREE 10/18/2002


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98CW288 C/LITTLETON ARAPAHOE 00CW048 BLAKE LEE CHARLES FOOS ELBERT & KAREN LYNN FOOS 01CW080 WARD R. KELLEY, KT EAST, LLC DOUGLAS & A.S. HORNER CONSTRUCTION CO. 01CW177 CHRISTOPHER H. NELSON DOUGLAS 01CW213 RAYMOND & TAMMY L. PEREA ARAPAHOE 01CW229 CREEKSIDE COMMUNITY CHURCH ELBERT 02CW007 C/LONGMONT BOULDER

SUPREME COURT STATE OF COLORADO

IN THE MATTER OF THE APPOINTMENT ) AMENDED OF WATER JUDGES UNDER THE WATER ) ORDER RIGHT DETERMINATION AND ADMINISTRATION ) ACT OF 1969 ) Pursuant to Section 30-92-203(2), 10 CRS (2001), the following judges are designated or redesignated as water judges for the water divisions of the state for 2002: DIVISION 1 Roger A. Klein (eff. 11/01/02) Jonathan W. Hays * (eff. 11/01/02) DIVISON 2 C. Dennis Maes *Kirk S. Samelson DIVISION 3 Robert W. Ogburn O. John Kuenhold* DIVISON 4 J. Steven Patrick Charles R. Greenacre* DIVISION 5 Thomas W. Ossola Thomas P. Craven* DIVISION 6 Richard P. Doucette Joel S. Thompson DIVISION 7 Gregory G. Lyman Dated this 1st day of November, 2002 Mary J. Mullarkey


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* Designated additional water judge to assist the principal water judge during an emergency, leave, or conflict situation.

TO ALL PERSONS INTERESTED IN WATER APPLICATIONS IN … · 2002CW220 LAVERNE J. FROMM, 10772...

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