august 2004 final resume - co courtsaugust 2004 water resume to: all persons interested in water...

August 2004 Resume of 32

DISTRICT COURT, WATER DIVISION 1, COLORADO August 2004 WATER RESUME TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of August, 2004 for each County affected. 04CW165, 04CW166, 04CW167 and 04CW168 are applications filed in July 2004 but not published due to a possible sale of property; therefore, the deadline for filing statements of opposition in these cases is extended to the last day of October 2004. 04CW165 KREMER TURF FARMS, Marvin D. and E. Diane Kremer, 30101 E. 152nd Ave., Brighton, CO 80603 (Sean D. Rutledge, Clark Williams and Matsunaka, LLC, 2881 N. Monroe Avenue, Suite No. 1 Loveland CO, 80538 (970) 669-8668. Fax: (970) 667-7524. Email: [email protected] CONCERNING THE APPLICATION FOR NON-TRIBUTARY AND NOT NON TRIBUTARY GROUNDWATER IN THE DENVER BASIN, OF KREMER TURF FARMS, IN ADAMS COUNTY. 2. WELL PERMITS: Well permits will be applied for at the time of construction of the wells that are the subject of this application. 3. LEGAL DESCRIPTION OF WELLS: Wells to be drilled into the Upper and Lower Arapahoe and Laramie Fox Hills aquifers as necessary to withdraw the annual amounts of water to which the Applicants are legally entitled. Applicant owns a 298.7 acre parcel (“Kremer Parcel A”), the legal description of which is as follows: East Half of Section 2, Township 1 South, Range 65 West Except:10 acres in Northwest corner thereof lying West of the Henrylyn Ditch described as: Beginning at the North quarter of said Section 2, Township 1 South, Range 65 West and thence Easterly along the North line of said Section 2 a distance of 435 feet more or less to a point that is 15 feet West of the West line of the Henrylyn irrigation Ditch right of way as now located; thence Southerly along and 15 feet from the said West line of the Henrylyn Ditch right of way for a distance of 1000 feet; to a point; thence Westerly parallel to the North line of said Section 2 for a distance of 435 feet more or less to the North-South centerline of said Section 2 a distance of 1000 feet more or less to a point of beginning. An area comprising 298.9 acres more or less. (Please see exhibit A incorporated herein). 4. SOURCE OF GROUNDWATER The source of the groundwater to be withdrawn is non-tributary (NT) and not-non tributary (NNT) water as described in section 37-90-103 (10.5) and (10.7) C.R.S. In particular, applicant asserts, that the not-nontributary groundwater underlying the Parcel is more than one mile from any point of contact with any natural stream or alluvium on which stream depletions could occur, that all notnontributary groundwater withdrawn pursuant to this application will not deplete any aquifer at an average annual rate greater than one percent of the total groundwater that is in those aquifers, and that the withdrawal of non-tributary groundwater will not, within 100 years, deplete the flow of a natural stream at a rate greater than one-tenth of one percent of the annual rate of withdrawal. 5. ESTIMATED AMOUNTS: Applicant seeks a decree confirming its legal entitlement to all unappropriated water underlying the Parcel in the Arapahoe and Laramie-Fox Hills aquifers. 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, and at the time of the filing of this application, are thought to be representative of the aquifers. Applicant requests the right to revise the estimated amounts of water available based on improved data, without amending this application or republishing the same.

Aquifer Type Saturated thickness(feet) Annual Amount (acre feet) Upper Arapahoe NNT 35.8 18.2 Lower Arapahoe NT 104.5 53.1 Laramie Fox Hills NT 125.5 56.3


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 Parcel, through any combination of wells necessary to adequately produce applicants annual entitlement. To that end, applicant requests that all wells drilled in accordance with this application be considered a “well field” in accordance with Rule 11.B of the Statewide Nontributary Ground Water Rules (2 CCR 402-7). 7. PROPOSED USE: The water will be used, reused, and after use leased for the following beneficial purposes: domestic, municipal, irrigation, livestock watering, industrial, storage, commercial, fire protection and augmentation. 8. JURISDICTION: The Water Court has jurisdiction over the subject matter of this application pursuant to sections 37-92-302(2) and 37-90-137(6), C.R.S. The Applicant requests the court to retain Jurisdiction over this case pursuant to Section 37-92-305(11), as necessary to provide for an adjustment of the annual withdrawals to conform with more accurate site specific data. 9. REMARKS: Applicant claims the right to withdraw more than the average annual amounts estimated in paragraph 5 pursuant to Rule 8A of the Statewide Non-tributary Groundwater Rules. The Applicant claims the right to totally consume all but 2% of the total amount of groundwater withdrawn annually. The Applicant also claims the right to totally consume all groundwater withdrawals of the not-nontributary groundwater, which withdrawals will be augmented pursuant to a separately decreed Plan for Augmentation, prior to use, and consistent with Section 37-90-137(4) and (9). Wherefore, Applicants pray that this Court enter a Decree: Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues in which jurisdiction will be retained pursuant to Section 37-92-305(11), C.R.S. A finding that the Water Rights of others will not be materially injured by the proposed uses proposed in this application. FURTHER, Applicant prays for whatever relief this Court deems necessary and proper. 04CW166 KREMER TURF FARMS, Marvin D. and E. Diane Kremer, 30101 E. 152nd Ave., Brighton, CO 80603 (Sean D. Rutledge, Clark Williams and Matsunaka, LLC. 2881 N. Monroe Avenue, Suite No. 1 Loveland CO 80538 (970)669-8668. Fax: (970) 667-7524. Email: [email protected] CONCERNING THE APPLICATION FOR NON-TRIBUTARY AND NOT NON TRIBUTARY GROUNDWATER IN THE DENVER BASIN, OF KREMER TURF FARMS, IN ADAMS COUNTY 2. WELL PERMITS: Well permits will be applied for at the time of construction of the wells that are the subject of this application. 3. LEGAL DESCRIPTION OF WELLS: Wells to be drilled into the Upper and Lower Arapahoe and Laramie Fox Hills aquifers as necessary to withdraw the annual amounts of water to which the Applicants are legally entitled. Applicant owns a 217.7 acre parcel (“Kremer Parcel B”), the legal description of which is as follows: The North one-half of Section 11, Township 1 South, Range 65 West of the Sixth Principal Meridian, Adams County, Colorado except that part described as: Beginning at the Northwest corner said North one-half, thence South 89° 26’10’’E along the North line said North one-half a distance of 1711.98’, thence South 00° 32’53’’W a distance of 2652.76’ to a point on the South line of said North one-half, thence North 89° 27’32’’W along the South line said North one-half a distance of 1686.60’ to the Southwest corner of said North one-half, thence North 00° 00’00’’E along the West line said North one-half a distance of 2653.56’ to the point of beginning. Contains 217.7 acres more or less. 4.SOURCE OF GROUNDWATER The source of the groundwater to be withdrawn is non-tributary and not-non tributary water as described in section 37-90-103 (10.5) and (10.7) C.R.S. In particular, applicant asserts, that the not-nontributary groundwater underlying the Parcel is more than one mile from any point of contact with any natural stream or alluvium on which stream depletions could occur, that all not-nontributary groundwater withdrawn pursuant to this application will not deplete any aquifer at an average annual rate greater than one percent of the total groundwater that is in those aquifers, and that the withdrawal of non-tributary groundwater will not, within 100 years, deplete the flow of a natural stream at a rate greater than one-tenth of one percent of the annual rate of withdrawal. 5. ESTIMATED AMOUNTS: Applicant seeks a decree confirming its legal entitlement to all unappropriated water underlying the Parcel in the Arapahoe and Laramie-Fox Hills aquifers. 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, and at the time of the filing of this application, are thought to be representative of the aquifers. Applicant requests the right to revise the estimated


amounts of water available based on improved data, without amending this application or republishing the same.

Aquifer Type Saturated Thickness(Feet) Annual Amount ( acre feet) Denver NNT 28.7 10.6 Upper Arapahoe NNT 73.1 27.1 Lower Arapahoe NT 117.9 43.7 Laramie Fox Hills NT 130.2 42.6 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 Parcel, through any combination of wells necessary to adequately produce applicants annual entitlement. To that end, applicant requests that all wells drilled in accordance with this application be considered a “well field” in accordance with Rule 11.B of the Statewide Nontributary Ground Water Rules (2 CCR 402-7). 7.PROPOSED USE: The water will be used, reused, and after use leased for the following beneficial purposes: domestic, municipal, irrigation, livestock watering, industrial, storage, commercial, fire protection and augmentation. 8. JURISDICTION: The Water Court has jurisdiction over the subject matter of this application pursuant to sections 37-92-302(2) and 37-90-137(6), C.R.S. The Applicant requests the court to retain Jurisdiction over this case pursuant to Section 37-92-305(11), as necessary to provide for an adjustment of the annual withdrawals to conform with more accurate site specific data. 9. REMARKS: Applicant claim the right to withdraw more than the average annual amounts estimated in paragraph 5 pursuant to Rule 8A of the Statewide Non-tributary Groundwater Rules. The Applicant claims the right to totally consume all but 2% of the total amount of groundwater withdrawn annually. The Applicant also claims the right to totally consume all groundwater withdraws of the not-nontributary groundwater, which withdrawals will be augmented pursuant to a separately decreed Plan for Augmentation, prior to use, and consistent with Section 37-90-137(4) and (9). Wherefore, Applicants pray that this Court enter a Decree: Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues in which jurisdiction will be retained pursuant to Section 37-92-305(11), C.R.S. A finding that the Water Rights of others will not be materially injured by the proposed uses proposed in this application. FURTHER, Applicant prays for whatever relief this Court deems necessary and proper. 04CW167 KREMER TURF FARMS, Marvin D. and E. Diane Kremer, 30101 E. 152nd Ave., Brighton, CO 80603 (Sean D. Rutledge, Clark Williams and Matsunaka, LLC. 2881 N. Monroe Ave., Suite No. 1 Loveland CO, 80538 (970) 669-8668. Fax: (970) 667-7524. Email: [email protected] CONCERNING THE APPLICATION FOR NON-TRIBUTARY AND NOT NON TRIBUTARY GROUNDWATER IN THE DENVER BASIN, OF KREMER TURF FARMS, IN ADAMS COUNTY. 2. WELL PERMITS: Well permits will be applied for at the time of construction of the wells that are the subject of this application. 3. LEGAL DESCRIPTION OF WELLS: Wells to be drilled into the Upper and Lower Arapahoe and Laramie Fox Hills aquifers as necessary to withdraw the annual amounts of water to which the Applicants are legally entitled. Applicant owns a 40.0 acre parcel ( “Kremer Parcel C”), the legal description of which is as follows: That part of Section 11, Township 1 South, Range 65 West of the 6th P.M., County of Adams, State of Colorado, more particularly described as follows: Beginning at the Northwest corner of the Northwest Quarter of Section 11, then East 1711.98 feet then South 1020.68 feet, then West 1702.22 feet, then North 1020.73 feet to the point of beginning. 4. SOURCE OF GROUNDWATER The source of the groundwater to be withdrawn is non-tributary and not-non tributary water as described in section 37-90-103 (10.5) and (10.7) C.R.S. In particular, applicant asserts, that the not-nontributary groundwater underlying the Parcel is more than one mile from any point of contact with any natural stream or alluvium on which stream depletions could occur, that all notnontributary groundwater withdrawn pursuant to this application will not deplete any aquifer at an average annual rate greater than one percent of the total groundwater that is in those aquifers, and that the withdrawal of non-tributary groundwater will not, within 100 years, deplete the flow of a natural stream at


a rate greater than one-tenth of one percent of the annual rate of withdrawal. 5. ESTIMATED AMOUNTS: Applicant seeks a decree confirming its legal entitlement to all unappropriated water underlying the Parcel in the Arapahoe and Laramie-Fox Hills aquifers. 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, and at the time of the filing of this application, are thought to be representative of the aquifers. Applicant requests the right to revise the estimated amounts of water available based on improved data, without amending this application or republishing the same.

Aquifer Type Saturated thickness (feet) Annual Amount (acre feet) Denver NNT 28.0 1.9 Upper Arapahoe NNT 61.7 4.2 Lower Arapahoe NT 111.4 7.6 Laramie Fox Hills NT 129.3 7.8 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 Parcel, through any combination of wells necessary to adequately produce applicants annual entitlement. To that end, applicant requests that all wells drilled in accordance with this application be considered a “well field” in accordance with Rule 11.B of the Statewide Nontributary Ground Water Rules (2 CCR 402-7). 7. PROPOSED USE: The water will be used, reused, and after use leased for the following beneficial purposes: domestic, municipal, irrigation, livestock watering, industrial, storage, commercial, fire protection and augmentation. 8. JURISDICTION: The Water Court has jurisdiction over the subject matter of this application pursuant to sections 37-92-302(2) and 37-90-137(6), C.R.S. The Applicant requests the court to retain Jurisdiction over this case pursuant to Section 37-92-305(11), as necessary to provide for an adjustment of the annual withdrawals to conform with more accurate site specific data. 9. REMARKS: Applicant claim the right to withdraw more than the average annual amounts estimated in paragraph 5 pursuant to Rule 8A of the Statewide Non-tributary Groundwater Rules. The Applicant claims the right to totally consume all but 2% of the total amount of groundwater withdrawn annually. The Applicant also claims the right to totally consume all groundwater withdrawals of the not-nontributary groundwater, which withdrawals will be augmented pursuant to a separately decreed Plan for Augmentation, prior to use, and consistent with Section 37-90-137(4) and (9). Wherefore, Applicants pray that this Court enter a Decree: Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues in which jurisdiction will be retained pursuant to Section 37-92-305(11), C.R.S. A finding that the Water Rights of others will not be materially injured by the proposed uses proposed in this application. FURTHER, Applicant prays for whatever relief this Court deems necessary and proper. 04CW168 KREMER TURF FARMS, Marvin D. and E. Diane Kremer, 30101 E. 152nd Ave., Brighton, CO 80603 (Sean D. Rutledge, Clark Williams and Matsunaka, LLC. 2881 N. Monroe Ave., Suite No. 1 Loveland CO, 80538 (970) 669-8668. Fax: (970) 667-7524. Email: [email protected] CONCERNING THE APPLICATION FOR NON-TRIBUTARY AND NOT NON TRIBUTARY GROUNDWATER IN THE DENVER BASIN, OF KREMER TURF FARMS, IN ADAMS COUNTY. 2. WELL PERMITS: Well permits will be applied for at the time of construction of the wells that are the subject of this application. 3. LEGAL DESCRIPTION OF WELLS: Wells to be drilled into the Upper and Lower Arapahoe and Laramie Fox Hills aquifers as necessary to withdraw the annual amounts of water to which the Applicants are legally entitled. Applicant owns a 321.3 acre parcel ( “Kremer Parcel D”), the legal description of which is as follows: The South ½ of Section 11, Township 1 South, Range 65 West of the 6th Principal Meridian, except the West 30 feet thereof; And Except the following described parcel of land: That part of the Southeast ¼ of Section 11, Township 1 South, Range 65 West of the 6th Principal Meridian, County of Adams, State of Colorado, more particularly described as follows: Beginning at the Southeast corner of said Southeast ¼ ; thence North 00 degrees 04 minutes 28 seconds


East on an assumed bearing along the East Line of said Southeast ¼ a distance of 140.00 feet; thence North 89 degrees 12 minutes 54 seconds west a distance of 40.06 feet; Thence South 18 degrees 07 minutes 27 seconds west a distance of 83.82 feet; Thence South 89 Degrees 43 minutes 43 seconds west a distance of 550.09 feet; Thence South 65 Degrees 56 minutes 53 seconds West a distance of 47.64 feet; Thence South 00 Degrees 46 minutes 13 seconds West a distance of 30.00 feet to the South Line of said Southeast ¼; Thence South 89 Degrees 13 Minutes 47 Seconds East along the South Line of Said Southeast 1/4 , a distance of 660.00 feet to the true point of beginning, County of Adams, State of Colorado. 4. SOURCE OF GROUNDWATER The source of the groundwater to be withdrawn is non-tributary and not-non tributary water as described in section 37-90-103 (10.5) and (10.7) C.R.S. In particular, applicant asserts, that the not-nontributary groundwater underlying the Parcel is more than one mile from any point of contact with any natural stream or alluvium on which stream depletions could occur, that all notnontributary groundwater withdrawn pursuant to this application will not deplete any aquifer at an average annual rate greater than one percent of the total groundwater that is in those aquifers, and that the withdrawal of non-tributary groundwater will not, within 100 years, deplete the flow of a natural stream at a rate greater than one-tenth of one percent of the annual rate of withdrawal. 5. ESTIMATED AMOUNTS: Applicant seeks a decree confirming its legal entitlement to all unappropriated water underlying the Parcel in the Arapahoe and Laramie-Fox Hills aquifers. 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, and at the time of the filing of this application, are thought to be representative of the aquifers. Applicant requests the right to revise the estimated amounts of water available based on improved data, without amending this application or republishing the same.

Aquifer Type Saturated thickness(feet) Annual Amount (acre feet) Denver NNT 38.4 21.0 Upper Arapahoe NNT 94.4 51.5 Lower Arapahoe NT 119.0 64.9 Laramie Fox Hills NT 130.4 62.8 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 Parcel, through any combination of wells necessary to adequately produce applicants annual entitlement. To that end, applicant requests that all wells drilled in accordance with this application be considered a “well field” in accordance with Rule 11.B of the Statewide Nontributary Ground Water Rules (2 CCR 402-7). 7. PROPOSED USE: The water will be used, reused, and after use leased for the following beneficial purposes: domestic, municipal, irrigation, livestock watering, industrial, storage, commercial, fire protection and augmentation. 8. JURISDICTION: The Water Court has jurisdiction over the subject matter of this application pursuant to sections 37-92-302(2) and 37-90-137(6), C.R.S. The Applicant requests the court to retain Jurisdiction over this case pursuant to Section 37-92-305(11), as necessary to provide for an adjustment of the annual withdrawals to conform with more accurate site specific data. 9. REMARKS: Applicant claim the right to withdraw more than the average annual amounts estimated in paragraph 5 pursuant to Rule 8A of the Statewide Non-tributary Groundwater Rules. The Applicant claims the right to totally consume all but 2% of the total amount of groundwater withdrawn annually. The Applicant also claims the right to totally consume all groundwater withdrawals of the not-nontributary groundwater, which withdrawals will be augmented pursuant to a separately decreed Plan for Augmentation, prior to use, and consistent with Section 37-90-137(4) and (9). Wherefore, Applicants pray that this Court enter a Decree: Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues in which jurisdiction will be retained pursuant to Section 37-92-305(11), C.R.S. A finding that the Water Rights of others will not be materially injured by the proposed uses proposed in this application. FURTHER, Applicant prays for whatever relief this Court deems necessary and proper.


04CW201 BOULDER COUNTY v. THE NEW CONSOLIDATED LOWER BOULDER RESERVOIR AND DITCH COMPANY. William A. Paddock, Carlson, Hammond & Paddock, LLC, 1700 Lincoln St, Ste. 3900, Denver, CO 80203-4539. Verified Complaint IN BOULDER COUNTY. 04CW202 ROBERT AND DIANE TATEYAMA, 39713 WCR 43, Ault, Colorado 80610. (970) 834-2237 C/O Kim R. Lawrence, Lind, Lawrence & Ottenhoff, LLP, 1011 11th Avenue, Greeley, CO, 80631 (970)356-9160. Application for Change of Water Rights IN WELD COUNTY. 2. Decreed Name of Structures: Bunch Pumping System Well No. 1-59262-F, Bunch Pumping System Well No. 2-59263-F, Bunch Siphon Well No. 59264 and Graham Well No. 2-60462 (wells). 3. Previous Decree: A decree was entered in Civil Action No. 11217 on September 10, 1953 adjudicating the above wells as located in the NW1/4 Section 10, Township 7 North, Range 65 West of the 6th P.M., Weld County, Colorado. Bunch Pumping System Well No. 1 is located at a point 98 feet south of the north line and 123 feet east of the west line of said section, and is decreed with a priority date of July 5, 1933 for 1.00 c.f.s. for irrigation of 80 acres in the N1/2 NW1/4 of said section 10. Bunch Pumping System Well No. 2 is located at a point 30 feet south of the north line and 461 feet east of the west line of said section, and is decreed with a priority date of August 1, 1937 for 1.11 c.f.s., in combination with Bunch Siphon Well for irrigation of 80 acres in the N1/2 NW1/4 of said section 10. Bunch Siphon Well is located at a point 50 feet south of the north line and 331 feet east of the west line of said section, and is decreed with a priority date of March 15, 1935 for 1.11 c.f.s., in combination with Bunch Pumping System Well No. 2, for irrigation of 80 acres in the N1/2 NW1/4 of said section 10. Graham Well No 2 is located at a point 50 feet south and 72 feet east of the northwest corner of the S1/2 NW1/4 of section 10, and is decreed with a priority date of December 31, 1927 for 1.80 c.f.s. for irrigation of 80 acres in the S1/2 NW1/4 of said section 10. All the wells are “Coffin” wells, adjudicated as “not tributary to, or any part of, any known or natural stream.” 4. Historic Use: The wells have been used for the irrigation of 149 acres NW1/4 Section 10, Township 7 North, Range 65 West of the 6th P.M., Weld County, Colorado. There is a small feedlot on the property so not all the 160 acres is available for irrigation. 5. Proposed Change: 5.1. Bunch Pumping System Well No. 2-59263-F was redrilled and is now located a point 50 feet south of the north line and 550 feet east of the west line of Section 10, Township 7 North, Range 65 West of the 6th P.M., Weld County, Colorado. 5.2. Bunch Siphon Well No. 59264-F was redrilled and is now located a point 50 feet south of the north line and 400 feet east of the west line of Section 10, Township 7 North, Range 65 West of the 6th P.M., Weld County, Colorado. 5.3. Graham Well No 2 will be relocated to a point 1543 feet from the north section line and 73 feet from the west section line of Section 10, Township 7 North, Range 65 West of the 6th P.M., Weld County, Colorado which is 175 feet south of the present location. 5.4. Applicant seeks to approval to allow each of the wells to used for irrigation of 149 acres on the NW 1/4 of Section 10, Township 7 North, Range 65 West of the 6th P.M., Weld County, Colorado. The current number of acres irrigated, 149 acres, will remain the same and the flow rate and volumetric limits on the wells will remain the same. The Bunch wells are limited to an annual average of 240 acre feet and Graham Well No 2 will be limited to an annual average of 240 acre feet, as permitted. 6. Name and Address of Owners of Structures: Applicants. 04CW203 CHARLES R. & GRETCHEN L. BOLING, 7902 Grandview Ave., Arvada, CO 80002. 303-940-9089. Application for Underground Water Right, IN JEFFERSON COUNTY. Boling Well – Permit #12217, 7902 Grandview Ave, aka Bonners Subdivision of part of Plot D, Reno Park, Block 17, Lots 16, 17, 18, and 19, located in the NE1/4 NW1/4 §14 T3S, R69W of the 6th P.M. Distance from section lines: 120 feet from N and 1580 feet from W. Source: Ground water. Depth: 39’ Appropriation: 7/17/1962 Amount claimed: 20 gpm Use: Irrigation of .28 acres (approximately 12,000 sq. ft.) (2 pages & 3 attachments) 04CW204 Patrick D. Quinney and Frances J. Quinney, 16816 Dancing Deer Drive, Littleton, Colorado 80127. Joseph M. Dorris P. O. Box 493, Conifer, Colorado 80433. Gregory S. Shirley and Jennifer L.


Shirley, 6576 S. Newland Way, Littleton, Colorado 80123. (David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION TO MAKE ABSOLUTE CONDITIONAL WATER RIGHTS. IN JEFFERSON COUNTY. 1. Names of Structure and Conditional Exchange: Dancing Deer Pond and Dancing Deer Exchange. 2. Description of Conditional Water Rights: A. Date of Original Decree: August 27, 1997. Case No.: 96CW143. Court: District Court, Water Division 1. B. Location: Dancing Deer Pond is located in the SE 1/4 NE 1/4, Section 11, Township 6 South, Range 70 West, 6th P.M., Jefferson County, Colorado. The outlet of the structure is located at a point that is approximately 2,400 feet from the North section line and 600 feet from the East section line of said Section 11. The Dancing Deer Exchange involves the exchange of a portion of the consumptive use water available to shareholders of the Mountain Mutual Reservoir Company ("MMRC") from the Guiraud 3T Ditch direct flow water rights, along with water stored in Spinney Mountain Reservoir and the Lower Sacramento Creek Reservoir No. 1. MMRC water is left in or released to the stream system, conveyed to the confluence of the South Platte River and Deer Creek, and exchanged upstream on Deer Creek and tributaries of Deer Creek to the point of depletion for the wells described in the plan for augmentation decreed in Case No. 96CW143 and to the Dancing Deer Pond. Stream segments impacted by the exchange are portions of Deer Creek, Coleman Gulch and Watson Creek. The downstream point of the exchange is the confluence of the South Platte River and Deer Creek at Chatfield Reservoir in Sections 10 and 11, Township 6 South, Range 69 West, 6th P.M. The reach of the exchange extends from Chatfield Reservoir; thence up Deer Creek to its confluence with Coleman Gulch in the NE 1/4 SE 1/4 of Section 12, Township 6 South, Range 70 West, 6th P.M.; thence up Coleman Gulch to its confluence with Watson Gulch in the SE 1/4 NE 1/4 of Section 11, Township 6 South, Range 70 West, 6th P.M.; and thence up Watson Creek to the E 1/2 of Section 11, Township 6 South, Range 70 West, 6th P.M. The reach of the exchange also extends up Deer Creek to a point near the West line of the SE 1/4 of Section 11, Township 6 South, Range 70 West, 6th P.M. C. Source: Dancing Deer Pond: Watson Gulch, a tributary of Deer Creek. Dancing Deer Exchange: Consumptive use water decreed to the Guiraud 3T Ditch and water stored in Spinney Mountain Reservoir and the Lower Sacramento Creek Reservoir No. 1. Reference is made to the Decree entered in Case No. 96CW143 for a complete description of the MMRC water that is exchanged. D. Dates of Appropriation: Dancing Deer Pond: June 30, 1945. Dancing Deer Exchange: June 25, 1996. E. Amounts: Dancing Deer Pond: 0.4 of an acre foot. Dancing Deer Exchange: 0.5 of a cubic foot per second, Conditional. The annual volume of water exchanged is limited to 0.5 of an acre foot. F. Use of the Water: Dancing Deer Pond: Recreation, livestock watering, piscatorial, wildlife propagation and fire protection purposes, Absolute. Augmentation, replacement and exchange purposes, Conditional. Dancing Deer Exchange: Augmentation, replacement and exchange purposes and to fill Dancing Deer Pond. The augmentation, replacement and exchange purposes have been decreed absolute in prior cases in which MMRC has been an applicant or a co-applicant. 3. Outline of What Has Been Done Toward Completion of the Appropriation and Application of Water to a Beneficial Use as Conditionally Decreed: Since entry of the Decree in Case No. 96CW143, water has been stored in the Dancing Deer Pond under the priority decreed to the structure. MMRC water has also been stored in the Pond by exchange. Water stored in the Dancing Deer Pond and MMRC exchange water has been used for augmentation, replacement and exchange purposes in conjunction with the plan for augmentation decreed in 96CW143. Applicants have spent approximately $116,100.00 on the development covered by the augmentation plan. 5. Dates Water Applied to Beneficial Use: Water was stored in the Dancing Deer Pond under the June 30, 1945, priority between March 30 and April 17, 1998. The Dancing Deer exchange was first operated in November of 1999. The water has been used for augmentation, replacement and exchange purposes in conjunction with the operation of the augmentation plan decreed in Case No. 96CW143 since the 2000 water year. WHEREFORE, Applicants request that the Court enter an Order making the Dancing Deer Pond an Absolute water right in the amount of 0.4 of an acre foot for augmentation, replacement and exchange purposes. Applicant further requests that the Dancing Deer Exchange be made Absolute in the amount of 0.5 of a cubic foot per second. (5 pages). 04CW205 WALSH INVESTMENTS, LLC, c/o Carol Walsh, Manager, P. O. Box 1226, Bailey, Colorado 80421. (David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903).


APPLICATION FOR A FINDING OF REASONABLE DILIGENCE. IN JEFFERSON COUNTY. 1. Names of Structure and Conditional Exchange: Boksmati Reservoir and Belle Pointe Exchange. 2. Description of Conditional Water Rights: A. Date of Original Decree: July 10, 1998. Case No.: 97CW282. Court: District Court, Water Division 1. B. Location: Boksmati Reservoir is located in the NE 1/4 SW 1/4 of Section 22, Township 6 South, Range 71 West, 6th P.M., Jefferson County, Colorado, at a point approximately 2,450 feet from the South section line and 1,500 feet from the West section line of said Section 22. The Belle Pointe Exchange involves the exchange of a portion of the "firm" yield of consumptive use water available from the Mountain Mutual Reservoir Company ("MMRC") portfolio of water rights, as more particularly described in the Decree entered in Case No. 2001CW293, dated July 16, 2003, to the point of depletion for the wells described in the plan for augmentation decreed in Case No. 97CW282 and to the Boksmati Reservoir. This is an upstream movement of water. Stream segments impacted by the exchange are portions of Turkey Creek and North Turkey Creek and an unnamed tributary of North Turkey Creek. The downstream point of the exchange is the confluence of Bear Creek and Turkey Creek at Bear Creek Lake in Section 5, Township 5 South, Range 69 West, 6th P.M., Jefferson County, Colorado. The reach of the exchange extends from Bear Creek Lake; thence up Turkey Creek to the confluence of South Turkey Creek and North Turkey Creek in the NW 1/4 NW 1/4 of Section 27, Township 5 South, Range 70 West, 6th P.M.; thence up North Turkey Creek to the confluence of North Turkey Creek and an unnamed tributary of North Turkey Creek in the NW 1/4 of Section 14, Township 6 South, Range 71 West, 6th P.M.; and thence up the unnamed tributary to the point where depletions from the wells described in the Decree entered in Case No. 97CW282 impact the unnamed tributary in the N 1/2 of Section 22, Township 6 South, Range 71 West, 6th P.M. C. Source: Boksmati Reservoir: An unnamed tributary of North Turkey Creek. Belle Pointe Exchange: Consumptive use water decreed to the Warrior Ditch, the Harriman Ditch, Soda Lakes Reservoir Nos. 1 and 2 and water stored in Meadowview Reservoir. Reference is made to the Decrees entered in Case Nos. 97CW282, 2001CW293 and 2001CW294 for a complete description of the MMRC water that is exchanged. D. Dates of Appropriation: Boksmati Reservoir: October 6, 1997. Belle Pointe Exchange: August 26, 1997. E. Amounts: Boksmati Reservoir: 0.2 of an acre foot, Conditional. Belle Pointe Exchange: 0.1 of a cubic foot per second, Conditional. The annual volume of water exchanged is limited to 0.373 of an acre foot. F. Use of the Water: Boksmati Reservoir: Recreational, piscatorial, wildlife propagation, fire protection, augmentation and replacement purposes, Conditional. Belle Pointe Exchange: Augmentation, replacement, substitution and exchange purposes. All such uses have been decreed in prior cases in which MMRC has been an applicant or a co-applicant. 3. Outline of What Has Been Done Toward Completion of the Appropriation and Application of Water to a Beneficial Use as Conditionally Decreed: Walsh Investments, LLC acquired the water rights described in Case No. 97CW282 from Boksmati & Fulaij, L.L.C. in 2001. The Boksmati Reservoir was constructed in the Fall of 2001. The Plat for the residential subdivision described in the Decree entered in Case No. 97CW282 has been approved by Jefferson County and is called Belle Pointe. A property owners association has been created and Declarations of Covenants, Conditions, Restrictions and Easements have been filed of record. Lots within the residential subdivision are currently being marketed, but to date no homes have been built. It is estimated that Walsh Investments, LLC has expended approximately $250,000.00 on development of the subdivision. WHEREFORE, Applicant requests that the Court find that diligence has been demonstrated on the completion of the conditional water storage right decreed to the Boksmati Reservoir and the conditional exchange, and enter an Order continuing the conditional status of both rights for another diligence period. (4 pages). 04CW206 THE WYLIE-LIGHT-FOLLMAN DITCH PRIORITY #48a(1) BY LEONARD WEISS AND SONJA WEISS c/o Donald F. McClary, Esq., Epperson and McClary, PC, 507 Warner St., P.O. Box 597, Ft. Morgan, CO 80701, 970-867-5621. APPLICATION FOR ALTERNATE POINT OF DIVERSION TO THE WYLIE-LIGHT-FOLLMAN DITCH PRIORITY #48a(1) IN MORGAN AND WASHINGTON COUNTIES. The Applicants, Petition this Court for Approval of an Alternate Point of Diversion to the Wylie-Light-Follman Ditch Priority #48a(1), and as grounds therefore state. 1. On or about January 15, 1914 in Case #CA2142 this Court entered its Decree for Ditch Priority #48a(1)


designated as the Wylie-Light-Follman Ditch for 27.5 cfs with priority date of December 22, 1895 for irrigation of not to exceed 400 acres. The decreed headgate was located on the east bank of Big Beaver Creek at a point in the SW ¼ of §25, T3N, R56W of the 6th PM. 2. The Applicants, Leonard Weiss and Sonja Weiss, are the sole owners of any and all interests in the water right decreed to the Wylie-Light-Follman Ditch Priority #48a(1). 3. The Applicants, Leonard Weiss and Sonja Weiss, are the owners of Well #5-10235 as decreed in this Court in Case #W4320 which well is located in the NW ¼ NW ¼ of §25, T3N, R56W of the 6th PM, with date of June 10, 1957 and decreed for two cfs for irrigation of 120 acres in the NW ¼ of §25, T3N, R56W of the 6th PM, Morgan County, Colorado. WHEREFORE, Petitioners pray for an Order herein approving the use of Petitions’ Well #10235 located in the NW ¼ NW ¼ of §25, T3N, R56W of the 6th PM, Morgan County, Colorado at a point 1220 feet south and 20 feet east of the NW ¼ of said §25, as an alternate point of diversion to the Wylie-Light-Follman Ditch Priority #48a(1). 04CW207 SMITH ACRES, II, LLC, 1202 Bergen Parkway, Suite 303, Evergreen, Colorado 80439. (David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION TO MAKE ABSOLUTE CONDITIONAL WATER RIGHTS AND FOR A FINDING OF REASONABLE DILIGENCE. IN JEFFERSON COUNTY. 1. Names of Structures and Conditional Exchange: Smith Acres Well Nos. 1 and 2 and Smith Acres Exchange. 2. Description of Conditional Water Rights: A. Date of Original Decree: January 23, 1998. Case No.: 97CW091. Court: District Court, Water Division 1. B. Location: Smith Acres Well No. 1 is located in the NE 1/4 SE 1/4, Section 11, Township 6 South, Range 71 West, 6th P.M., Jefferson County, Colorado, at a point approximately 1,480 feet North of the South section line and 160 feet West of the East section line of said Section 11. The location can also be described as being on Lot 9, Block 19, Filing 1 of the Aspen Park subdivision. Smith Acres Well No. 2 will be located in the NE 1/4 SE 1/4, Section 11, Township 6 South, Range 71 West, 6th P.M., Jefferson County, Colorado, at a point approximately 1,580 feet North of the South section line and 40 feet West of the East section line of said Section 11. The location can also be described as being on Lot 11, Block 19, Filing 1 of the Aspen Park subdivision. The Smith Acres Exchange involves the exchange of a portion of the "firm" yield of consumptive use water available from the Mountain Mutual Reservoir Company ("MMRC") portfolio of water rights, as more particularly described in the Decree entered in Case No. 2001CW293, dated July 16, 2003, to the point of depletion for the Smith Acres Well Nos. 1 and 2. This is an upstream movement of water. Stream segments impacted by the exchange are portions of Turkey Creek and South Turkey Creek. The downstream point of the exchange is the confluence of Bear Creek and Turkey Creek at Bear Creek Lake in Section 5, Township 5 South, Range 69 West, 6th P.M., Jefferson County, Colorado. The reach of the exchange extends from Bear Creek Lake; thence up Turkey Creek to the confluence of South Turkey Creek and North Turkey Creek in the NW 1/4 NW 1/4 of Section 27, Township 5 South, Range 70 West, 6th P.M.; and thence up South Turkey Creek to the point where depletions from the subject wells impact South Turkey Creek in the SE 1/4 of Section 11, Township 6 South, Range 71 West, 6th P.M. C. Source: Smith Acres Well Nos. 1 and 2: Ground water which is tributary to South Turkey Creek. Smith Acres Exchange: Consumptive use water decreed to the Warrior Ditch, the Harriman Ditch, Soda Lakes Reservoir Nos. 1 and 2 and water stored in Meadowview Reservoir. Reference is made to the Decrees entered in Case Nos. 97CW091 and 2001CW293 for a complete description of the MMRC water that is exchanged. D. Dates of Appropriation: Smith Acres Well Nos. 1 and 2: January 13, 1997. Smith Acres Exchange: January 20, 1997. E. Amounts: Smith Acres Well No. 1: 15 gallons per minute, Conditional. Smith Acres Well No. 2: 15 gallons per minute, Conditional. Smith Acres Exchange: 0.001 of a cubic foot per second, Conditional. The annual volume of water exchanged is limited to 0.188 of an acre foot. F. Use of the Water: Smith Acres Well Nos. 1 and 2: Commercial, domestic and fire protection purposes, Conditional. Smith Acres Exchange: Augmentation, replacement, substitution and exchange purposes. All such uses have been decreed in prior cases in which MMRC has been an applicant or a co-applicant. 3. Outline of What Has Been Done Toward Completion of the Appropriation and Application of Water to a Beneficial Use as Conditionally Decreed: Since entry of the Decree in Case No. 97CW091, the Smith Acres Well No. 1 has been constructed, development of the property described in the Decree has been completed and water


has been applied to the beneficial uses proposed. Applicant has spent over $1,000,000.00 on the development covered by the augmentation plan. 5. Dates Water Applied to Beneficial Use: Water was first used beneficially from the Smith Acres Well No. 1 in December of 2000, at a rate of 13 gallons per minute. Since that time, the water has been used for commercial, domestic and fire protection purposes. The exchange of MMRC water pursuant to the Smith Acres Exchange has been operated at numerous times since the 2000 Water year at the rate of 0.001 of a cubic foot per second in conjunction with the operation of the augmentation plan decreed in Case No. 97CW091. WHEREFORE, Applicant requests that the Court enter an Order making the Smith Acres Well No. 1 an Absolute water right in the amount of 13 gallons per minute for commercial, domestic and fire protection purposes. Applicant also requests that the Smith Acres Exchange be made Absolute in the amount of 0.001 of a cubic foot per second. Applicant further requests that the Court find that diligence has been demonstrated on the completion of the Smith Acres Well Nos. 1 and 2 to capacities of 15 gallons per minute for each well, and continue for another diligence period the conditional status of the Smith Acres Well No. 2 and the portion of the Smith Acres Well No. 1 that is not made Absolute. (5 pages). 04CW208 LEGAULT SUMMIT, LLC, c/o Charles H. Callaway, Manager, 1616 17th Street, Suite 600, Denver, Colorado 80203. (David C. Lindholm, Esq., P.O. Box 18903, Boulder, CO 80308-1903). APPLICATION FOR A FINDING OF REASONABLE DILIGENCE. IN JEFFERSON COUNTY. 1. Name of Conditional Exchange: Legault Summit Exchange. 2. Description of Conditional Water Right: A. Date of Original Decree: July 10, 1998. Case No.: 97CW281. Court: District Court, Water Division 1. B. Summary of the Exchange and the Legal Description of the Upstream and Downstream Points: The Legault Summit Exchange involves the exchange of a portion of the "firm" yield of consumptive use water available from the Mountain Mutual Reservoir Company ("MMRC") portfolio of water rights, as more particularly described in the Decree entered in Case No. 2001CW293, dated July 16, 2003, to the point of depletion for the wells described in the plan for augmentation decreed in Case No. 97CW281. This is an upstream movement of water. Stream segments impacted by the exchange are portions of Turkey Creek and South Turkey Creek. The downstream point of the exchange is the confluence of Bear Creek and Turkey Creek at Bear Creek Lake in Section 5, Township 5 South, Range 69 West, 6th P.M., Jefferson County, Colorado. The reach of the exchange extends from Bear Creek Lake; thence up Turkey Creek to the confluence of South Turkey Creek and North Turkey Creek in the NW 1/4 NW 1/4 of Section 27, Township 5 South, Range 70 West, 6th P.M.; and thence up South Turkey Creek to the point where depletions from the wells described in the Decree entered in Case No. 97CW281 impact South Turkey Creek in Section 7, Township 6 South, Range 70 West, 6th P.M. C. Source: Consumptive use water decreed to the Warrior Ditch, the Harriman Ditch, Soda Lakes Reservoir Nos. 1 and 2 and water stored in Meadowview Reservoir. Reference is made to the Decrees entered in Case Nos. 97CW281, 2001CW293 and 2001CW294 for a complete description of the MMRC water that is exchanged. D. Date of Appropriation: May 13, 1997. E. Amount: 0.003 of a cubic foot per second, Conditional. The annual volume of water exchanged is limited to 0.953 of an acre foot. F. Use of the Water: Augmentation, replacement, substitution and exchange purposes. All such uses have been decreed in prior cases in which MMRC has been an applicant or a co-applicant. 3. Outline of What Has Been Done Toward Completion of the Appropriation and Application of Water to a Beneficial Use as Conditionally Decreed: The conditional exchange described herein is an integral component of the augmentation plan decreed in Case No. 97CW281. A portion of the property covered by the plan was sold to Jefferson County in 2002 as part of the County's open space acquisition program. The sale has required the Applicant to revise the development plan for the remaining property. Work on the project continues but has not yet reached the platting stage. Expenditures related to development activities have totalled approximately $15,000.00. WHEREFORE, Applicant requests that the Court continue the conditional status of the exchange decreed in Case No. 97CW281. (4 pages). 04CW209 NANNA E. BANDERET 5628 W. Co. Rd. 6, Berthoud, CO 80513, 970-532-1323. APPLICATION FOR SURFACE WATER RIGHTS IN LARIMER COUNTY. Structure: spring. Location: SW¼ SW¼ §24, T4N, R70W, 6th PM. Distance from section lines: 934 feet from S and 1342


feet from W. Source: non-tributary. Appropriation: 09/27/1957. Amount claimed: 0.010 cfs CONDITIONAL. Use: livestock and domestic. (two pages and one attachment) 04CW210 RICK HUNT, 43160 County Road 17-21, Elizabeth, CO 80107, through his attorneys: Petrock & Fendel, P.C., Scott M. Huyler, Atty. Reg. #27342, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702, APPLICATION TO MAKE CONDITIONAL WATER RIGHT ABSOLUTE AND FOR FINDING OF REASONABLE DILIGENCE, IN ELBERT COUNTY, 2. Description of Conditional Right. Hunt Well No. 1, decreed in Case No. 92CW106, on January 31, 2004. Legal description: Located in the NE1/4SW1/4 of Section 28, T6S, R64W of the 6th P.M., approximately 1560 feet from the south and 1560 feet from the west section lines of Section 28. Source: Alluvium of Running Creek. Appropriation date: June 13, 1989. Amount: 400 gpm (conditional), limited to 163 acre-feet per year under priority and augmentation plan. Use: Irrigation of 60 acres, stockwatering, fish, wildlife, fire protection in the SW1/4 of Section 28, T6S, R64W of the 6th P.M. APPLICATION TO MAKE ABSOLUTE 3. Hunt Well No. 1 was completed in June, 1998, and water put to beneficial use for irrigation at a rate of flow of 400 gpm on May 5, 1999. Applicant requests that this amount be made absolute. In the alternative, Applicant requests that a diligence finding also be made for the conditional amount. APPLICATION FOR FINDING OF REASONABLE DILIGENCE 4. This Application for Finding of Reasonable Diligence is filed pursuant to the Water Right Determination and Administration Act of 1969, §37-92-302, C.R.S. During this diligence period, in continuing the development of the conditional water right, Applicant has been engaged in the legal defense and protection of said water right and has been diligent in the continued use and development of the water right involved. Those activities include but are not limited to the following: 1. Applicant obtained a well permit and constructed Hunt Well No. 1 in June, 1998, pursuant to Well Permit No. 49623-F, and has put water from the well to beneficial use pursuant to the augmentation plan approved for the well in Case No. 92CW106. 2. Applicant maintained a lease of augmentation water to allow out of priority use of the Hunt Well No. 1, as described in Case No. 92CW106. WHEREFORE, Applicants pray that this Court enter a decree finding that Applicant has made the conditional water right absolute or has exercised reasonable diligence in the development of the conditional water right, and for such other and further relief as this Court deems just and proper in the premises. 04CW211 MONTE BAKER, Application for Plan for Augmentation IN ELBERT COUNTY, P.O. Box 766, Los Alamos, California 93440 through his attorneys, Petrock & Fendel, P.C., Scott M. Huyler, Atty. Reg. #27342, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702. Description of plan for augmentation: A. Groundwater to be augmented: 4 acre-feet per year over a 300 year period of not nontributary Upper Dawson aquifer groundwater available underlying the Subject Property as decreed in Case No. 2002CW009, District Court, Water Division 1. Applicant is the owner of land and water rights decreed in that case, underlying and associated with approximately 40.6 acres of land, located in part of the S1/2 of Section 7, T10S, R64W of the 6th P.M., as more particularly described and shown on Attachment A hereto ("Subject Property"). B. Water rights to be used for augmentation: Return flows from the use of not nontributary Upper Dawson aquifer water and return flows and direct discharge of nontributary Laramie-Fox Hills aquifer groundwater underlying the Subject Property as previously decreed in this court in Case No. 2002CW009. Applicant is the owner of 11.4 acre-feet per year of decreed not nontributary Upper Dawson aquifer groundwater and 14 acre-feet per year of nontributary Laramie-Fox Hills aquifer groundwater underlying the Subject Property. C. Statement of plan for augmentation: The subject Upper Dawson aquifer groundwater may be used to serve up to four residential lots on the Subject Property through individual wells for a 300 year period. It is estimated that each lot will require approximately 0.95 acre-feet per year. It is estimated that inhouse use will require 0.4 acre-feet per year, irrigation will require approximately 0.45 acre-feet per year for irrigation of 8500 square-feet of home lawn and garden, and stockwatering will require 0.1 acre-feet for eight large domestic animals. Applicant reserves the right to amend these values. Sewage treatment for inhouse use will be provided by non-evaporative septic systems. 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. Water used for stockwatering is considered to be 100% consumed. 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 in use at that time. D. During pumping Applicant will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c), C.R.S. Applicant estimates that depletions occur to the Running Creek stream system. Return flows from use of the subject water rights from inhouse use through nonevaporative septic systems and from irrigation use, 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. Applicant will reserve an equal amount of nontributary Laramie-Fox Hills groundwater underlying the Subject Property to meet augmentation requirements. 3. Remarks: Applicant will withdraw the not nontributary Upper Dawson aquifer water underlying the Subject Property under the plan of augmentation requested herein pursuant to Section 37-90-137(9)(c), C.R.S.WHEREFORE, Applicant prays that this Court enter a Decree: Granting the application herein and specifically determining that 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. 04CW212 FURNITURE ROW COLO, LLC, c/o Gregory A. Ruegsegger, General Counsel, 300 Union Blvd. Suite 350, Lakewood, CO 80228, (303) 985-0308. Please direct all correspondence to Anne J. Castle and Leah A. Kukowski, Holland & Hart, LLP, Post Office Box 8749, Denver, CO. 80201-8749, (303) 295-8000. CONCERNING THE APPLICATION FOR DETERMINATION OF NONTRIBUTARY AND NOT NONTRIBUTARY WATER RIGHTS OF FURNITURE ROW COLO, LLC., IN ARAPAHOE COUNTY. Applicant, Furniture Row COLO, LLC. (“Applicant”), requests a determination of its rights to the nontributary and not nontributary underground water contained in the Denver, Upper Arapahoe, Lower Arapahoe, and Laramie-Fox Hills aquifers underlying its property in Arapahoe County, pursuant to Colo. Rev. Stat. § 37-90-137(4). 2. Claim to Ground Water in the Denver, Upper Arapahoe, Lower Arapahoe, and Laramie-Fox Hills Aquifers: Applicant is the owner of 968.2 acres of land in Arapahoe County, more specifically described in paragraph 7 below (the “Property”), and through this application claims all of the ground water in the Denver, Upper Arapahoe, Lower Arapahoe, and Laramie-Fox Hills aquifers underlying the Property. A location map of the Property is attached hereto as Exhibit 1. 3. Wells and Well Permits: Applicant will apply for well permits prior to construction of any wells. Applicant will locate a sufficient number of wells on the Property to withdraw all ground water in the Denver, Upper Arapahoe, Lower Arapahoe, and Laramie-Fox Hills aquifers underlying the Property. The wells may be constructed at any location on the Property subject to Colo. Rev. Stat. § 37-90-137(4). Applicant may establish a well field for the production of the ground water that is the subject of this application and shall be entitled to well permits for additional wells pursuant to Colo. Rev. Stat. § 37-90-137(10). Pursuant to Rules 11 and 14 of the Statewide Nontributary Ground Water Rules, 4 C.C.R. § 402-7, Applicant may establish a well field on contiguous parcels and/or non-contiguous parcels, if it is determined that a well cylinder for a well to be located in such well field overlaps any portion of such non-contiguous parcels, that are currently owned by Applicant or may be purchased by Applicant in the future. Parcels currently owned by Applicant that may be part of a well field for production of the ground water that is subject of this application include, but are not limited to, those lands identified in the decree for Case No. 99CW066 (Water Div. 1), the decree for Case No. 02CW395 (Water Div. 1), and the application filed by Applicant in Case No. 04CW012 (Water Div. 1). 4. Total Amount of Water Claimed: Applicant seeks a decree confirming its right to all unappropriated water underlying the Property in the Denver, Upper Arapahoe, Lower Arapahoe, and Laramie-Fox Hills aquifers. The estimated average annual amounts of withdrawal from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. § 402-6. For purposes of this application, Applicant estimates that the following annual amounts are representative of the Denver, Upper Arapahoe,


Lower Arapahoe, and Laramie Fox-Hills aquifers underlying the Property: Denver Aquifer (659.0 acres located within one mile of the point of contact between a natural stream and the Denver Aquifer. Therefore, it is subject to actual replacement of stream depletions pursuant to Colo. Rev. Stat. § 37-90-137(9)(c)(I).): 273.2 acre-feet, 17% specified yield, 243.9 feet average saturated thickness. Denver Aquifer (288.6 acres located greater than one mile of a point of contact between a natural stream and the Denver Aquifer. Therefore, it is subject to replacement of 4% of the amount of water withdrawn to replace stream depletions pursuant to Colo. Rev. Stat. § 37-90-137(9)(c)(I)): 116.1 acre-feet, 17% specific yield, 236.6 feet average saturated thickness. Upper Arapahoe Aquifer: 211.2 acre-feet, 17% specific yield, 128.3 feet average saturated thickness. Lower Arapahoe Aquifer: 118.0 acre-feet, 17% specific yield, 71.7 feet average saturated thickness. Laramie-Fox Hills Aquifer: 254.2 acre-feet, 15% specific yield, 175.0 feet average saturated thickness. Applicant requests that the annual amounts of withdrawal be adjusted to conform to actual local aquifer characteristics when adequate information is obtained from well drilling or test holes. Applicant claims all nontributary and not nontributary ground water underlying the Property and requests the right to revise the estimated amounts of water available from the subject aquifers upward or downward, based on better or updated data, without the necessity of amending this application or republishing same. Applicant requests confirmation of its ability to withdraw the ground water in the Denver, Upper Arapahoe, Lower Arapahoe, and Laramie-Fox Hills aquifers from the wells to be constructed in the future in excess of the average annual amount decreed, so long as the sum of the total withdrawals from the aquifer does not exceed the product of the total number of years since the date of issuance of the well permit or the date of this Court’s decree, whichever occurs first, and the amount of average annual withdrawal. Applicant will supplement this application with evidence that the State Engineer has issued or failed to issue, within four months of the filing of the application with this Court, a determination as to the facts of this application. 5. Character of Ground Water: Applicant asserts that the annual withdrawal of the amounts of Upper Arapahoe, Lower Arapahoe, and Laramie-Fox Hills aquifers ground water specified above, subject to the terms and conditions proposed herein, will not result in material injury to the vested water rights of others and will not, within 100 years, deplete the flow of the natural stream at an annual rate greater than one-tenth of one percent of the annual rate of withdrawal and the ground water is nontributary as defined in Colo. Rev. Stat. § 37-90-103(10.5). In order to assure that no vested water rights are materially affected by withdrawals of this nontributary ground water, no more than ninety-eight percent of the water withdrawn annually from any of the future wells shall be consumed by Applicant. Applicant asserts that the ground water to be withdrawn from the Denver aquifer pursuant to this application is not nontributary ground water pursuant to Colo. Rev. Stat. § 37-90-103 (10.7). Thus, ground water from the Denver aquifer will not be used until a plan for augmentation is approved by the Court pursuant to Colo. Rev. Stat. § 37-90-137 (9)(c). Applicant asserts that it is entitled to a decree determining its rights to the water in the Denver aquifer underlying its land prior to the approval of any augmentation plan so long as such a plan is proposed and approved prior to the use of the water from the Denver aquifer. 6. Proposed Use of Water: The water withdrawn from the proposed wells will be used for all existing and future beneficial purposes both on and off the Property, including, without limitation, domestic, irrigation, municipal, commercial, industrial, augmentation, fire protection, recreation, livestock watering, dust control, and fish and wildlife. Applicant claims the right to recapture, the right of reuse and successive use and, after use, the right to lease, sell, or otherwise dispose of said water. The right of successive use shall include the use and claiming of credit for any return flows generated, subject only to the provisions of Colo. Rev. Stat. § 37-82-106, and to Applicant’s obligation to consume no more than ninety-eight percent of the nontributary water withdrawn annually from the wells described herein, pursuant to Rule 8 of the Denver Basin Rules. Said water will be produced for immediate application to beneficial use, both on and off the Property, for storage and subsequent application to beneficial use, for exchange purposes, for replacement of depletions, for relinquishment pursuant to Colo. Rev. Stat. § 37-90-137 (9)(b), and for any other augmentation purpose. 7. Description of the Land Overlying the Subject Nontributary and Not Nontributary Ground Water: Applicant owns a total of 968.263 acres of land, consisting of 640.717 acres located within Section 7 and 327.546 acres located within the N ½ Section 18, Township 4 South, Range 64 West of the 6th PM in


Arapahoe County, overlying the Denver, Upper Arapahoe, Lower Arapahoe, and Laramie-Fox Hills aquifers, more particularly described in Exhibit 2, attached hereto. 8. Name and Address of Owner of Land: Applicant (see above). WHEREFORE, Applicant requests that this Court enter a judgment and decree: A. Granting the application and awarding the nontributary and not nontributary underground water rights claimed; B. Specifically determining as a matter of hydrological and geological fact that unappropriated ground water from the Upper Arapahoe, Lower Arapahoe, and Laramie-Fox-Hills aquifers in the estimated amounts specified in paragraph 4 is available for withdrawal by Applicant; that the vested water rights of others will not be materially injured by such withdrawals; and that such withdrawals will not, within 100 years, deplete the flow of a natural stream at an annual rate greater than one-tenth of one percent of the annual rate of withdrawal. C. Specifically determining as a matter of hydrological and geological fact that unappropriated ground water from the Denver aquifer in the estimated amount specified in paragraph 4 is available for withdrawal by Applicant, and that vested water rights of others will not be materially injured by such withdrawal so long as Applicant obtains approval of a plan for augmentation pursuant to Colo. Rev. Stat. § 37-90-137(9)(c) prior to use. D. Specifically determining that Applicant’s full average annual entitlement from the Denver, Upper Arapahoe, Lower Arapahoe, and Laramie-Fox Hills aquifers may be produced through any combination of wells constructed into those aquifers, and that such wells shall be treated as a well field and operated in order to produce the full allocation of water from each aquifer. E. Specifically determining that Applicant may establish a well field on contiguous parcels and/or non-contiguous parcels, if it is determined that a well cylinder for a well to be located in such well field overlaps any portion of such non-contiguous parcels, that are currently owned by Applicant or may be purchased by Applicant in the future pursuant to Rules 11 and 14 of the Statewide Nontributary Ground Water Rules, 4 C.C.R. § 402-7. F. Specifically determining that Applicant may drill the subject wells at any point within the boundaries of the Property, but no closer than 200 feet to any property boundary, without the necessity of filing any further amendments to this application, republishing, or reopening the decree. G. Specifically determining that the decreed determination of rights to nontributary and not nontributary ground water is a determination of the right to use such water for existing and future uses and that this determination is not subject to the reasonable diligence requirements of Colo. Rev. Stat. § 37-92-301(4). H. Specifically determining that Applicant has the right successively to use and reuse to extinction the ground water which is the subject of this application, including the use in claiming of credit for return flows generated, subject only to the provisions of Colo. Rev. Stat. § 37-82-106 and to Applicant’s obligation to consume no more than ninety-eight percent of the ground water withdrawn annually from the from the Upper Arapahoe, Lower Arapahoe, and Laramie Fox-Hills aquifers. I. Specifically determining that the return flows resulting from the use of the nontributary water that is the subject of this application can be used to replace out-of-priority depletions under a plan for augmentation. J. Directing that Applicant can withdraw the ground water that is the subject of this application from the wells to be constructed in the future in excess of the average annual amount decreed, so long as the sum of the total withdrawals from the aquifer does not exceed the product of the total number of years since the date of issuance of the well permit or the date of this Court’s decree, whichever occurs first, and the amount of average annual withdrawal. K. Specifically determining that Applicant has given adequate notice that the amounts decreed herein are subject to increase or decrease pursuant to this Court’s retained jurisdiction. L. Directing the State Engineer to issue well permits in conformance with the provisions in this decree for the wells necessary to withdraw the ground water decreed herein and any additional wells required by Applicant to produce its full annual entitlement from the Denver, Upper Arapahoe, Lower Arapahoe, and Laramie-Fox Hills aquifers. M. Specifically determining that the right to use the ground water determined by this Court to be available for withdrawal shall be deemed to be a vested property right. N. Directing that the Water Court shall retain jurisdiction as to determination of ground water from the subject wells as is necessary to provide for the adjustment of the average annual amount of withdrawal allowed to conform to actual local aquifer characteristics from adequate information obtained from well drilling or test holes, pursuant to Colo. Rev. Stat. § 37-92-305(11). 8 pages, 2 exhibits.


04CW213 FURNITURE ROW COLO, LLC, c/o Gregory A. Ruegsegger, General Counsel, 300 Union Blvd. Suite 350, Lakewood, CO 80228, (303) 985-0308. Please direct all correspondence to Anne J. Castle and Leah A. Kukowski, Holland and Hart, LLP, Post Office Box 8749, Denver, CO 80201-8749, (303) 295-8000. CONCERNING THE APPLICATION FOR DETERMINATION OF NONTRIBUTARY AND NOT NONTRIBUTARY WATER RIGHTS OF FURNITURE ROW COLO, LLC., IN ARAPAHOE COUNTY. Applicant, Furniture Row COLO, LLC. (“Applicant”), requests a determination of its rights to the nontributary and not nontributary underground water contained in the Denver, Upper Arapahoe, Lower Arapahoe, and Laramie-Fox Hills aquifers underlying its property in Arapahoe County, pursuant to Colo. Rev. Stat. § 37-90-137(4). 2. Claim to Ground Water in the Denver, Upper Arapahoe, Lower Arapahoe, and Laramie-Fox Hills Aquifers: Applicant is the owner of 323.3 acres of land in Arapahoe County, more specifically described in paragraph 7 below (the “Property”), and through this application claims all of the ground water in the Denver, Upper Arapahoe, Lower Arapahoe, and Laramie-Fox Hills aquifers underlying the Property. A location map of the Property is attached hereto as Exhibit 1. 3. Wells and Well Permits: Applicant will apply for well permits prior to construction of any wells. Applicant will locate a sufficient number of wells on the Property to withdraw all ground water in the Denver, Upper Arapahoe, Lower Arapahoe, and Laramie-Fox Hills aquifers underlying the Property. The wells may be constructed at any location on the Property subject to Colo. Rev. Stat. § 37-90-137(4). Applicant may establish a well field for the production of the ground water that is the subject of this application and shall be entitled to well permits for additional wells pursuant to Colo. Rev. Stat. § 37-90-137(10). Pursuant to Rules 11 and 14 of the Statewide Nontributary Ground Water Rules, 4 C.C.R. § 402-7, Applicant may establish a well field on contiguous parcels and/or non-contiguous parcels, if it is determined that a well cylinder for a well to be located in such well field overlaps any portion of such non-contiguous parcels, that are currently owned by Applicant or may be purchased by Applicant in the future. Parcels currently owned by Applicant that may be part of a well field for production of the ground water that is subject of this application include, but are not limited to, those lands identified in the decree for Case No. 99CW066 (Water Div. 1), the decree for Case No. 02CW395 (Water Div. 1), and the application filed by Applicant in Case No. 04CW012 (Water Div. 1). 4. Total Amount of Water Claimed: Applicant seeks a decree confirming its right to all unappropriated water underlying the Property in the Denver, Upper Arapahoe, Lower Arapahoe, and Laramie-Fox Hills aquifers. The estimated average annual amounts of withdrawal from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. § 402-6. For purposes of this application, Applicant estimates that the following annual amounts are representative of the Denver, Upper Arapahoe, Lower Arapahoe, and Laramie Fox-Hills aquifers underlying the Property: Denver Aquifer: 137.4 acre-feet, 17% specified yield, 250 feet average saturated thickness. Upper Arapahoe Aquifer: 82.4 acre-feet, 17% specific yield, 150 feet average saturated thickness. Lower Arapahoe Aquifer: 41.2 acre- feet, 17% specific yield, 75 feet average saturated thickness. Laramie-Fox Hills Aquifer: 84.9 acre-feet, 15% specific yield, 175 feet average saturated thickness. Applicant requests that the annual amounts of withdrawal be adjusted to conform to actual local aquifer characteristics when adequate information is obtained from well drilling or test holes. Applicant claims all nontributary and not nontributary ground water underlying the Property and requests the right to revise the estimated amounts of water available from the subject aquifers upward or downward, based on better or updated data, without the necessity of amending this application or republishing same. Applicant requests confirmation of its ability to withdraw the ground water in the Denver, Upper Arapahoe, Lower Arapahoe, and Laramie-Fox Hills aquifers from the wells to be constructed in the future in excess of the average annual amount decreed, so long as the sum of the total withdrawals from the aquifer does not exceed the product of the total number of years since the date of issuance of the well permit or the date of this Court’s decree, whichever occurs first, and the amount of average annual withdrawal. Applicant will supplement this application with evidence that the State Engineer has issued or failed to issue, within four months of the filing of the application with this Court, a determination as to the facts of this application. 5. Character of Ground Water: Applicant asserts that the annual withdrawal of the amounts of Upper Arapahoe, Lower Arapahoe, and Laramie-Fox Hills aquifers ground water specified above, subject to the terms and


conditions proposed herein, will not result in material injury to the vested water rights of others and will not, within 100 years, deplete the flow of the natural stream at an annual rate greater than one-tenth of one percent of the annual rate of withdrawal and the ground water is nontributary as defined in Colo. Rev. Stat. § 37-90-103(10.5). In order to assure that no vested water rights are materially affected by withdrawals of this nontributary ground water, no more than ninety-eight percent of the water withdrawn annually from any of the future wells shall be consumed by Applicant. Applicant asserts that the ground water to be withdrawn from the Denver aquifer pursuant to this application is not nontributary ground water pursuant to Colo. Rev. Stat. § 37-90-103 (10.7). Thus, ground water from the Denver aquifer will not be used until a plan for augmentation is approved by the Court pursuant to Colo. Rev. Stat. § 37-90-137 (9)(c). Applicant asserts that it is entitled to a decree determining its rights to the water in the Denver aquifer underlying its land prior to the approval of any augmentation plan so long as such a plan is proposed and approved prior to the use of the water from the Denver aquifer. 6. Proposed Use of Water: The water withdrawn from the proposed wells will be used for all existing and future beneficial purposes both on and off the Property, including, without limitation, domestic, irrigation, municipal, commercial, industrial, augmentation, fire protection, recreation, livestock watering, dust control, and fish and wildlife. Applicant claims the right to recapture, the right of reuse and successive use and, after use, the right to lease, sell, or otherwise dispose of said water. The right of successive use shall include the use and claiming of credit for any return flows generated, subject only to the provisions of Colo. Rev. Stat. § 37-82-106, and to Applicant’s obligation to consume no more than ninety-eight percent of the nontributary water withdrawn annually from the wells described herein, pursuant to Rule 8 of the Denver Basin Rules. Said water will be produced for immediate application to beneficial use, both on and off the Property, for storage and subsequent application to beneficial use, for exchange purposes, for replacement of depletions, for relinquishment pursuant to Colo. Rev. Stat. § 37-90-137(9)(b), and for any other augmentation purpose. 7. Description of the Land Overlying the Subject Nontributary and Not Nontributary Ground Water: Applicant owns 323.3 acres of land overlying the Denver, Upper Arapahoe, Lower Arapahoe, and Laramie-Fox Hills aquifers, described as E ½ of Section 14, Township 4 South, Range 65 West, of the 6th P.M., Arapahoe County, Colorado. 8. Name and Address of Owner of Land: Applicant (see above). WHEREFORE, Applicant requests that this Court enter a judgment and decree: A. Granting the application and awarding the nontributary and not nontributary underground water rights claimed; B. Specifically determining as a matter of hydrological and geological fact that unappropriated ground water from the Upper Arapahoe, Lower Arapahoe, and Laramie-Fox-Hills aquifers in the estimated amounts specified in paragraph 4 is available for withdrawal by Applicant; that the vested water rights of others will not be materially injured by such withdrawals; and that such withdrawals will not, within 100 years, deplete the flow of a natural stream at an annual rate greater than one-tenth of one percent of the annual rate of withdrawal. C. Specifically determining as a matter of hydrological and geological fact that unappropriated ground water from the Denver aquifer in the estimated amount specified in paragraph 4 is available for withdrawal by Applicant, and that vested water rights of others will not be materially injured by such withdrawal so long as Applicant obtains approval of a plan for augmentation pursuant to Colo. Rev. Stat. § 37-90-137(9)(c) prior to use. D. Specifically determining that Applicant’s full average annual entitlement from the Denver, Upper Arapahoe, Lower Arapahoe, and Laramie-Fox Hills aquifers may be produced through any combination of wells constructed into those aquifers, and that such wells shall be treated as a well field and operated in order to produce the full allocation of water from each aquifer. E. Specifically determining that Applicant may establish a well field on contiguous parcels and/or non-contiguous parcels, if it is determined that a well cylinder for a well to be located in such well field overlaps any portion of such non-contiguous parcels, that are currently owned by Applicant or may be purchased by Applicant in the future pursuant to Rules 11 and 14 of the Statewide Nontributary Ground Water Rules, 4 C.C.R. § 402-7. F. Specifically determining that Applicant may drill the subject wells at any point within the boundaries of the Property, but no closer than 200 feet to any property boundary, without the necessity of filing any further amendments to this application, republishing, or reopening the decree. G. Specifically determining that the decreed determination of rights to nontributary and not nontributary ground water is a determination of the right to


use such water for existing and future uses and that this determination is not subject to the reasonable diligence requirements of Colo. Rev. Stat. § 37-92-301(4). H. Specifically determining that Applicant has the right successively to use and reuse to extinction the ground water which is the subject of this application, including the use in claiming of credit for return flows generated, subject only to the provisions of Colo. Rev. Stat. § 37-82-106 and to Applicant’s obligation to consume no more than ninety-eight percent of the ground water withdrawn annually from the from the Upper Arapahoe, Lower Arapahoe, and Laramie Fox-Hills aquifers. I. Specifically determining that the return flows resulting from the use of the nontributary water that is the subject of this application can be used to replace out-of-priority depletions under a plan for augmentation. J. Directing that Applicant can withdraw the ground water that is the subject of this application from the wells to be constructed in the future in excess of the average annual amount decreed, so long as the sum of the total withdrawals from the aquifer does not exceed the product of the total number of years since the date of issuance of the well permit or the date of this Court’s decree, whichever occurs first, and the amount of average annual withdrawal. K. Specifically determining that Applicant has given adequate notice that the amounts decreed herein are subject to increase or decrease pursuant to this Court’s retained jurisdiction. L. Directing the State Engineer to issue well permits in conformance with the provisions in this decree for the wells necessary to withdraw the ground water decreed herein and any additional wells required by Applicant to produce its full annual entitlement from the Denver, Upper Arapahoe, Lower Arapahoe, and Laramie-Fox Hills aquifers. M. Specifically determining that the right to use the ground water determined by this Court to be available for withdrawal shall be deemed to be a vested property right. N. Directing that the Water Court shall retain jurisdiction as to determination of ground water from the subject wells as is necessary to provide for the adjustment of the average annual amount of withdrawal allowed to conform to actual local aquifer characteristics from adequate information obtained from well drilling or test holes, pursuant to Colo. Rev. Stat. § 37-92-305(11). 8 pages, 1 exhibit. 2004CW214 WINCAM LAND GROUP, LLC Attn: Armen Suny, 5680 Jackson Creek Rd. Sedalia, CO 80135, (303) 663-5234 c/o Brownstein Hyatt & Farber, P.C. Attn: Wayne F. Forman, 410 17th St., 22nd Floor, Denver, CO 80202, (303) 223-1100. CONCERNING THE APPLICATION FOR WATER RIGHTS OF WINCAM LAND GROUP, LLC IN DOUGLAS COUNTY, APPLICATION FOR FINDING OF DILIGENCE Name of the structures: A. Jackson Creek Highline Ditch First Enlargement, and the following alternate points of diversion: Houston Ditch; Upper Diversion; Middle Diversion; Lower Diversion. B. Ponds 1, 2, 3, 3B and 4-12. In Case No. 98CW471, the storage rights conditionally decreed in 97CW193 were changed to enlarge the amount of available storage and to decree two additional ponds on the Applicant's property. In the pending Consolidated Case Nos. 2000CW018, 2000CW111, and 2000CW129, Applicant seeks to change the conditionally decreed rights in Case Nos. 97CW193 and 98CW471 to allow water to be stored anywhere on the Applicant's property, in ponds of any configuration, size and location, so long as the total amount stored does not exceed 1,922.8 acre feet. This is an application, however, for a finding of diligence only on the water rights conditionally decreed in Case No. 97CW193. Describe conditional water right: Decree: A. Date of Original Decree: September 16, 1998, Case No.: 97CW193, Court: Water Court, Water Division No. 1, B. Legal Description: (i) Jackson Creek Highline Ditch First Enlargement: The headgate is located on the north side of Jackson Creek, generally in the SE1/4 NE1/4 of Section 29, T8S, R68W, 6th P.M. For the alternate points of diversion:(a) Houston Ditch; The headgate is located on the north side of Jackson Creek, generally in the SE1/4 NE1/4 of Section 29. T8S, R68W, 6th P.M. (b) pper Diversion: Located in the SE1/4 NE1/4 of Section 29, T8S, R68W, 6th P.M., at a point approximately 950 feet from the East section line and 2,550 feet from the North section line of said Section 29. (c) Middle Diversion: Located in the NE1/4 NW1/4 of Section 28, T8S, R68W, 6th P.M., at a point Approximately 1,450 feet from the West section line and 850 feet from the North section line of said Section 28. (d) Lower Diversion: Located in the SE1/4 SE1/4 of Section 21, T8S, R68W, 6th P.M., at a point approximately 1250 feet from the East section line and 1100 feet from the South section line of said Section 21. (ii) Ponds: (a) Pond #1: The Pond will be located in the NE ¼ of Section 21, T8S, R68W of the 6th P.M., at a point approximately 1245 feet from the east and


10 feet from the north section line of said Section 21. (b) Pond #2: The pond will be located in the NE ¼ of Section 21, T8S, R68W of the 6th P.M., at a point approximately 577 feet from the east and 10 feet from the north section line of said Section 21. (c) Pond #3 and 3B: The ponds will be located in the NE ¼ of Section 21, T8S, R68W of the 6th P.M., at a point approximately 363 feet from the east and 630 feet from the north section line of said Section 21. (d) Pond #4: The pond will be located in the SW ¼ of Section 22, T8S, R68W of the 6th P.M., at a point approximately 350 feet from the west and 1642 feet from the south section line of said Section 22. (e) Pond #5: The pond will be located in the SE ¼ of Section 21, T8S, R68W of the 6th P.M., at a point approximately 895 feet from the east and 1584 feet from the south section line of said Section 21. (f) Pond #6: The pond will be located in the SE ¼ of Section 21, T8S, R68W of the 6th P.M., at a point approximately 1311 feet from the east and 2411 feet from the south section line of said Section 21. (g) Pond #7: The pond will be located in the NE ¼ of Section 28, T8S, R68W of the 6th P.M., at a point approximately 1461 feet from the east and 1165 feet from the north section line of said Section 28. (h) Pond #8: The pond will be located in the SW ¼ of Section 21, T8S, R68W of the 6th P.M., at a point approximately 2856 feet from the east and 75 feet from the south section line of said Section 21. (i) Pond #9: The pond will be located in the NW ¼ of Section 28, T8S, R68W of the 6th P.M., at a point approximately 3078 feet from the east and 255 feet from the north section line of said Section 28. (j) Pond #10: The pond will be located in the NW ¼ of Section 28, T8S, R68W of the 6th P.M., at a point approximately 1131 feet from the west and 1039 feet from the north section line of said Section 28. (k) Pond #11: The pond will be located in the NW ¼ of Section 28 and the NE ¼ of Section 29, T8S, R68W of the 6th P.M., at a point approximately 141 feet from the west and 1445 feet from the north section line of said Section 28. (l) Pond #12: The pond will be located in the NE ¼ of Section 29, T8S, R68W of the 6th P.M., at a point approximately 532 feet from the east and 1788 feet from the north section line of said Section 29. Consolidated Case Nos. 2000CW018, 2000CW111, and 2000CW129 seeks to change the water rights decreed in Case No. 97CW193 and 98CW471 to allow storage anywhere on the Applicant's property. This application only seeks a finding of diligence for the storage rights decreed in Case No. 97CW193. C. Source: (i) Jackson Creek Highline Ditch First Enlargement, and the alternate points of diversion: Jackson Creek, a tributary to West Plum Creek, a tributary to Plum Creek, a tributary to the South Platte River. (ii) Ponds 1, 2, 3, 3B and 4-12: Jackson Creek, a tributary to West Plum Creek, via the Jackson Creek Highline First Enlargement and alternate points decreed in Case No. 97CW193. In addition, direct discharge and return flows associated with not nontributary groundwater decreed in Case No. 97CW076 will be stored in the ponds. In the pending Consolidated Case Nos. 2000CW018, 2000CW111, and 2000CW129, Applicant seeks to change the conditionally decreed rights in Case Nos. 97CW193 and 97CW076 to allow not nontributary ground water to be stored in the Ponds directly, or as return flows from irrigation, commercial and in-house uses. Applicant also seeks, in the consolidated cases, to allow the consumptive use credits quantified in Case No. 97CW076 to be used for storage. This application only seeks a finding of diligence for the storage rights decreed in Case No. 97CW193. D. Appropriation Date: July 29, 1996, for all conditional rights decreed in Case No. 97CW193. Amount: (i)Jackson Creek Highline Ditch First Enlargement, and alternate points of diversion: 25 cfs (conditional) (ii) Ponds: The decree in Case No. 97CW193 approved conditional water storage rights for a total of 405.8 acre feet, including a conditional right to refill. The amount of storage rights decreed in Case No. 97CW193 is more specifically described as follows: (a) Pond #1: 68 acre-feet and refill. (b) Pond #2: 52 acre-feet and refill.(c) Pond #3 and 3B: 19.8 acre-feet and refill.(d) Pond #4: 40 acre-feet and refill.(e) Pond #5: 56 acre-feet and refill.(f) Pond #6: 52 acre-feet and refill.(g) Pond #7: 12 acre-feet and refill.(h) Pond #8: 7 acre-feet and refill.(i) Pond #9: 31 acre-feet and refill. (j) Pond #10: 30 acre-feet and refill.(k)Pond #11: 23 acre-feet and refill. (l) Pond #12: 15 acre-feet and refill. The decree in Case No. 98CW471 approved conditional water storage rights for 800 acre feet in two additional ponds, and a conditional 300 acre-foot enlargement of the storage rights for the 13 ponds decreed in Case No. 97CW193. Consolidated Case Nos. 2000CW018, 2000CW111, and 2000CW129 seeks to change the water decreed in Case Nos. 97CW193 and 98CW471 to allow storage anywhere on the Applicant's property, so long as the total storage does not exceed 1,922.8 acre feet per year. This application seeks a finding of diligence only for the storage rights


decreed in Case No. 97CW193. E. Use: (i) Jackson Creek Highline Ditch First Enlargement, and alternate points of diversion: irrigation of golf courses to be comprised of approximately 200 acres, located within the boundaries of Applicant's Approximately 1365 of land located in Sections, 20, 21, 22, 27, 28, and 29, T8S, R68W and the 6th P.M., including storage of said water in the ponds decreed in Case No. 97CW193, subject to the limits decreed in Case No. 97CW193, and for subsequent irrigation and other uses as decreed for the ponds decreed in Case No, 97CW193. (ii) Ponds: irrigation, recreation, augmentation, wildlife, and fish propogation. Consolidated Case Nos. 2000CW018, 2000CW111, and 2000CW129 seeks to change the water decreed in Case No. 97CW193 to allow water diverted under those rights to be stored anywhere on the Applicant's property so long as the total storage does not exceed 1,922.8 acre feet per year, and for subsequent irrigation and other uses as decreed for the ponds. This application seeks a finding of diligence only for the uses decreed in Case No. 97CW193. 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: The Applicant and its predecessor, Jackson Creek Properties, LLC, have expended extraordinary time, money and effort over the relevant diligence period to apply the subject rights to beneficial use. The direct flow and water storage rights conditionally decreed in Case No. 97CW193 are part of an integrated system of water rights to supply water to the Applicant's property near Sedalia, Colorado. In that regard, the Applicant and its predecessor have undertaken the following activities during the relevant diligence period: A. The Applicant and its predecessor, Jackson Creek Properties, LLC, have, through the entire diligence period, taken steps to develop an integrated water supply for the Property, which includes the subject conditional water rights. Specifically, the Applicant has: 1) filed and pursued additional water rights; 2) filed for and pursued changes to the subject conditional decreed water rights; 3) prepared detailed water supply plans and reports, including an analysis of the yield of the subject conditional water rights and other water resources on the Property; 4) sought and received from Douglas County a Water Overlay District Waiver to allow the Applicant to use Denver Basin groundwater for a portion of the Project's water demands; 5) installed monitoring devices and monitored and analyzed streamflows on Jackson Creek and West Plum Creek; 6) met with state and federal officials regarding the anticipated impacts of stream diversions from the West Plum Creek Drainage; 7) constructed and pumped a test groundwater well to assess the yield of the Denver Basin aquifers beneath the Property; and 8) pursued land use approvals from Douglas County for approval of the Headwaters Project for which the subject conditional water rights will provide necessary water supplies. B. The Applicant and its predecessor, Jackson Creek Properties, LLC, have expended substantial time, money and effort over the relevant diligence period on developing the property where the integrated water supply will be needed. This included the following activities: (1) land surveying activities, including topographic mapping, lot centroid layout, preliminary platting, preparation of various land descriptions, preliminary golf course routing and field layout, well staking and field locations, offsite diversion field locations; and (2) civil engineering services, including master potable water system layout and sizing, water storage tank sizing and location, master re-use water design, master sanitary sewer system layout and sizing, Wastewater Treatment facility sizing and location, overall storm drainage plan development, Phase I & II drainage studies, storage pond preliminary design & grading, erosion control design measures, and preparation and review of Metropolitan District Service Plans. C. The Applicant and its predecessor, Jackson Creek Properties, LLC, have expended substantial time, money and effort over the relevant diligence period on legal services for development of the integrated water plan and the property where the integrated water supply will be needed, including obtaining decrees, amending decrees, filing applications, and obtaining well approvals. D. The Applicant and its predecessor have spent millions of dollars during the relevant diligence period in technical and legal fees and staff time pursuing approval for the development of the Property, including, specifically, the development of the subject conditional water rights. 5. If claim to make absolute: N/A 6. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: N/A WHEREFORE, WinCam Land Group, LLC, requests that the Court enter decree: A. Finding that Applicant has been


reasonably diligent in finalizing the appropriation of the subject conditional water rights; B. Continuing the conditional direct flow, storage and refill rights; and C. Granting such other relief as the Court deems just and proper. 2004CW215 EULIS AND REBECCA WATKINS, 14115 Seminole Lane, Peyton, CO 80831, (719) 598-6222, through their attorneys: Petrock & Fendel, P.C., Scott M. Huyler, Atty. Reg. #27342 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702 APPLICATION FOR PLAN FOR AUGMENTATION, IN ELBERT COUNTY, 1. Names, Address and Telephone Number of Applicants: 2. Description of plan for augmentation: A. Groundwater to be augmented: 3 acre-feet per year over a 300 year period of not nontributary Upper Dawson aquifer groundwater available underlying the Subject Property as decreed in Case No. 2002CW97, District Court, Water Division 1. Applicants are the owners of land and water rights decreed in that case, underlying and associated with approximately 37 acres of land, located in part of the N1/2N1/2 of Section 18, T10S, R64W of the 6th P.M., as more particularly described and shown on Attachment A hereto ("Subject Property"). B. Water rights to be used for augmentation: Return flows from the use of not nontributary Upper Dawson aquifer water and return flows and direct discharge of nontributary Laramie-Fox Hills aquifer groundwater underlying the Subject Property as previously decreed in this court in Case No. 2002CW97. Applicants are the owners of 13 acre-feet per year of decreed not nontributary Upper Dawson aquifer groundwater and 11.6 acre-feet per year of nontributary Laramie-Fox Hills aquifer groundwater underlying the Subject Property. C. Statement of plan for augmentation: The subject Upper Dawson aquifer groundwater may be used to serve up to three residential lots on the Subject Property through individual wells for a 300 year period. It is estimated that each lot will require approximately 1 acre-foot per year. It is estimated that inhouse use will require 0.4 acre-feet per year, irrigation will require approximately 0.55 acre-feet per year for irrigation of 9500 square-feet of home lawn and garden, and stockwatering will require 0.1 acre-feet for eight large domestic animals. Applicant reserves the right to amend these values. Sewage treatment for inhouse use will be provided by non-evaporative septic systems. 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. Water used for stockwatering is considered to be 100% consumed. 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 in use at that time. D. During pumping Applicants will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c), C.R.S. Applicants estimate that depletions occur to the Running Creek stream system. Return flows from use of the subject water rights from inhouse use through nonevaporative septic systems and from irrigation use, 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. Applicants will reserve an equal amount of nontributary Laramie-Fox Hills groundwater underlying the Subject Property to meet augmentation requirements. 3. Remarks: Applicants will withdraw the not nontributary Upper Dawson aquifer water underlying the Subject Property under the plan of augmentation requested herein pursuant to Section 37-90-137(9)(c), C.R.S. WHEREFORE, Applicants pray that this Court enter a Decree: 4. Granting the application herein and specifically determining that 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. 2004CW216 KEITH AND KATHY BAN, 3500 County Road 85, Elbert, Colorado 80106, through their attorneys Petrock & Fendel, P.C., Scott M. Huyler, Atty. Reg. #27342, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702, APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE, AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS, IN ELBERT COUNTY. 2. Well


Permits: Well permits will be applied for prior to construction of the wells. 3. Legal Description of Wells and Subject Property: The property which is the subject of this application is approximately 590 acres of land located in parts of Sections 5 and 6, T10S, R64W, and parts of Sections 1 and 12, T10S, R65W of the 6th P.M., as more particularly described and shown on Attachment A hereto. The wells which will withdraw the subject groundwater will be located at any location on the Subject Property subject to Section 37-90-137(4), C.R.S. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property is nontributary groundwater as described in 37-90-103(10.5), C.R.S. The groundwater to be withdrawn from the Upper Dawson aquifer is not nontributary as described in 37-90-137(9)(c), C.R.S. 5. Estimated Amounts: 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. For purposes of this application, Applicants estimate that the following annual amounts are representative of the aquifers underlying the Subject Property: Saturated Estimated Aquifer Thickness Annual Amount Upper Dawson 224 feet 264 acre-feet Lower Dawson 140 feet 140 acre-feet Denver 235 feet 235 acre-feet Arapahoe 263 feet 263 acre-feet Laramie-Fox Hills 207 feet 183 acre-feet Applicants will reserve part of the Upper Dawson aquifer water which may be available underlying the Subject Property for use through exempt wells to be located on the Subject Property and permitted pursuant to Section 37-92-602, C.R.S. 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 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: The water will be used, reused, successively used, leased, sold, or otherwise disposed of for the following beneficial purposes: domestic, industrial, commercial, irrigation, livestock watering, recreational, fire protection and fish and wildlife. Said water will be produced for immediate application to said uses, both on and off the Subject 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. Remarks: A. Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 5 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 thicknesses, 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. WHEREFORE, Applicants pray that this Court enter a Decree: 10. 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; 11. 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 the Subject Property, pursuant to 37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; B. The groundwater in the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers is nontributary groundwater. The groundwater in the Upper Dawson aquifer is not nontributary and that water will not be withdrawn until a plan for augmentation is approved by the Court; C. Vested or conditionally decreed water rights of others will not be materially


injured by the withdrawals of groundwater proposed herein and no findings of diligence are required to maintain these water rights. 04CW217 DONNA C. PIKE, 880 Black Canyon Drive, Estes Park, CO 80517. Attorney for applicant: Gilbert Y. Marchand, Jr., #19870, Gilbert Y. Marchand, Jr., P.C., 2737 Mapleton Avenue, Suite 202, Boulder, CO 80304, (303) 444-4256. APPLICATION TO MAKE ABSOLUTE OR, IN THE ALTERNATIVE, FOR FINDING OF DILIGENCE IN LARIMER COUNTY . 2. Name of structure: Pike Spring, Well Permit No. 199433. A copy of the well permit is attached to the application. 3. Describe conditional water right (as to each structure) giving the following from the Referee’s Ruling and the Court’s Judgment and Decree: A. Original Decree: The Pike Spring water right was decreed on August 21, 1998 in Case No. 96CW282, District Court, Water Division No. 1. The decree recognized the spring as a well under C.R.S. § 37-90-103(21) and found that, pursuant to C.R.S. § 37-92-602, the Pike Spring water right shall be exempt from administration under the priority system and that, pursuant to C.R.S. § 37-92-602(4), the Pike Spring is entitled to its original priority date of December 31, 1929. The conditional portion of the decree that is the subject of this application is the portion providing for irrigation or outside watering uses. B. Legal Description: NW¼SE¼, Section 2, Township 4 North, Range 73 West, 6th P.M., Larimer County, Colorado, approximately 1685 feet from south section line and approximately 2865 feet from west section line. Said Section 2 is an irregular section. At the time the decree for the Pike Spring was granted in Case No. 96CW282, the Pike Spring was located on land described as a 35 parcel within the quarter/quarter section described in the preceding sentence. That parcel has since been divided into a 24.45 acre unplatted parcel as shown on the recorded plat of Kiowa Ridge Subdivision, Town of Estes Park, in Larimer County, Colorado, and a 4.15 acre parcel known as Lot 31 of said Kiowa Ridge subdivision. The Pike Spring is located on the 24.45 acre unplatted parcel. The term “Pike land” is sometimes used herein to refer to the 24.45 acre and 4.15 acre parcels and to the 35 acre parcel from which these parcels were divided. C. Source: Spring water, tributary to Fish Creek, tributary to Big Thompson River. D. Appropriation Date: December 31, 1929. E. Amount: 15.0 gpm, absolute, for ordinary household domestic purposes (including fire protection), and for the purposes of watering of poultry, domestic animals, and livestock; conditional in the same amount for irrigation of not over one acre of home gardens and lawns. F. Use: Ordinary household domestic purposes, fire protection, the watering of poultry, domestic animals, and livestock, and irrigation of not over one acre of home gardens and lawns. No more than three single-family dwellings may be served by the Pike Spring. G. Depth: 10 feet or less. 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: The land on which the Pike Spring is located has been developed into a 24.45 acre unplatted parcel as shown on the recorded plat of Kiowa Ridge Subdivision, Town of Estes Park, in Larimer County, Colorado, and into a 4.15 acre parcel known as Lot 31 of said Kiowa Ridge Subdivision. From the late 1980s through approximately 2002, Andy Andrews and Andrea Andrews (the “Andrews”), whose address is 3131 South St. Vrain Ave., Estes Park, CO 80517, used the Pike Spring for an in-house water supply on a 35 acre parcel neighboring the Pike land. The Andrews conducted operation and maintenance activities related to the spring. They also used the spring for outside watering activities. From the late 1980s through 1997, water from the Pike Spring was used for an in-house water supply on another 35 acre parcel neighboring the Pike land. This 35 acre parcel was owned by the Findleys. The Findleys also used the spring for outside watering activities. From approximately 1998 through 2002, other outside uses of water from the spring have been made in a manner described as follows. Water from the spring was used to water the ground (on the Pike land) in replantation of grass. The spring was also used to water new seedlings that were planted around on the Pike land. Donkeys were brought up on a spring and summer basis and provided with water from the spring. Several times during the spring, summer, and fall when the rainfall was not adequate, water from the spring was used to do some extra watering of the vegetation around the proposed building site on the Pike land. The water was also used to aid in landscaping the area immediately around the spring. Local grass seed was planted, as well as small plants that also grow naturally in the area. This area was not larger than 75 square feet.


A small wooden shed was installed to house materials that were used (pumps, electrical equipment). Water from the spring was used to clean out the shed. When the pipeline was laid to run to the Andrews’ and Findleys’ properties, applicant revegetated all along that pipeline and planted and watered from the spring. The full available amount of water from a single pump was used to conduct these outside watering activities. Information on expenditures related to these activities on the Pike land is available upon request. 5. If claim to make absolute: A. Water applied to beneficial use: Water from the Pike Spring was applied to the above-described irrigation and/or outside watering uses on the Pike land in every spring, summer, or fall from approximately 1998 through 2002. Water from the Pike Spring was also applied to the above-described irrigation and/or outside watering activities on the Andrews’ land from the late 1980s through 2002 and on the Findleys’ land from the late 1980s through 1997. The full available amount of water from a single pump was used to conduct these outside watering activities. B. Description of place of use where water is or was applied to beneficial use: The place of past use of water from the Pike Spring is the 35 acre parcel in the SE¼ of Section 2, Township 4 North, Range 73 West, 6th P.M., Larimer County, Colorado, as described in the decree in Case No. 96CW282; and the Andrews’ and Findleys’ parcels, which neighbor the Pike land and which are described in the decree in Case No. 96CW282. The place of use of water from the Pike Spring in the future is expected to be the 24.45 acre unplatted parcel and the 4.15 acre parcel, both of which parcels were carved out of the Pike 35 acre parcel. 6. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure, is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: This application does not involve any new diversion or storage structure or any modification to any existing diversion or storage structure. The name and address of the owner of the land upon which the Pike Spring and related structures are located and upon which water from the spring is or will be used is the same as applicant. To the extent the Pike Spring will be used in accordance with the decree in Case No. 96CW282 to supply up to two additional residences, the names of such land owners are not presently known. 7. Remarks: A notice of transfer of conditional water right and change of address is being filed simultaneously herewith. A copy of the deed evidencing applicant’s ownership of the Pike Spring water right and well permit and her ownership of the well site is attached to said notice of transfer. Attached to this application is an affidavit of Donna C. Pike. WHEREFORE, applicant requests the court to enter a decree making absolute the irrigation and/or outside watering portion of the Pike Spring water right described herein in an amount up to and/or including 15 gpm or, in the alternative, finding that diligence has been shown toward the completion of any remaining conditional portion of the appropriation associated with said water right and continuing said water right in full force and effect, and granting such other relief as the court deems proper under the circumstances. 04CW218 THE CITY OF AURORA, COLORADO, ACTING BY AND THROUGH ITS UTILITY ENTERPRISE, 15151 East Alameda Parkway, Suite 3600, Aurora, Colorado 80012-1555, 303-739-7370 (John M. Dingess, Esq., Duncan, Ostrander & Dingess, P.C. 4600 South Ulster Street, Suite 1111, Denver, Colorado 80237-2875, 303-779-0200). APPLICATION FOR CONDITIONAL WATER RIGHTS AND CONDITIONAL WATER STORAGE RIGHTS IN ADAMS, ARAPAHOE, DOUGLAS, AND JEFFERSON COUNTIES. I. Introduction: The City of Aurora, Colorado, a municipal corporation of the Counties of Adams, Arapahoe and Douglas acting by and through its Utility Enterprise (“Aurora” or “Applicant”) seeks conditional water rights and conditional storage rights as follows. Water captured, controlled, diverted and stored pursuant to the requested rights will be used in and for the benefit of Aurora’s municipal water supply and water reuse systems. Water diverted and stored pursuant to the requested rights will also be used pursuant to trade and other agreements with other water supply entities within the service areas of such entities. II. Name of Structures: A. Diversion Structure: Strontia Springs Dam and Reservoir Diversion System. B. Storage Structures: 1. Strontia Springs Dam and Reservoir. 2. Aurora Rampart Reservoir. 3. Quincy Reservoir. 4. Aurora Reservoir. 5. East Reservoir. 6. Chatfield Reservoir. III. Legal Description of Structures: A. Location of the Strontia Springs Dam and Reservoir and the Diversion System: The Dam is constructed on the South


Platte River in Douglas County, with east-end of dam (right) abutment located at a point from whence the NW corner of Section 21, T7S, R69W, 6th P.M. bears North 52 deg West a distance of 1,300 feet. The approximate (right) abutment latitude 39 deg 25 min 56 sec N & longitude 105 deg 07 min 31 sec W. B. Location of Other Reservoirs: 1. Aurora Rampart Reservoir: The Aurora Rampart Reservoir is located in the SW¼ SW¼, SE¼ SW¼, & SW¼ SE ¼ § 12, and NW¼ NE¼, NE¼ NW¼, & NW¼ NW¼ § 13, T7S, R69W, 6th P.M., Douglas County, Colorado. The approximate (right) abutment latitude 39 deg 26 min 57 sec N & longitude 105 deg 03 min 41 sec W. This reservoir is an off-channel reservoir. 2. Quincy Reservoir: Quincy Reservoir is located in the following portions of §§ 9 & 10, T5S, R66W, 6th P.M. (within the 18300 Block of Quincy Avenue in Aurora, Arapahoe County, Colorado): The NE¼, E½ NW¼, & N½ SE¼ of § 9, and the S½ NW¼, N½ SW¼ of § 10. The approximate (right) abutment latitude 39 deg 38 min 15 sec N & longitude 104 deg 46 min 36 sec W. This reservoir is an off-channel reservoir. 3. Aurora Reservoir: The Aurora Reservoir is an off-channel reservoir located upon Senac Creek, an intermittent stream, in §§ 15, 16, 20, 21 & 22, T5S, R65W, 6th P.M., Arapahoe County, Colorado. The east-end of the dam (right) abutment is located at a point from whence the NW corner of § 15, T5S, R65W, 6th P.M. bears North 45 degrees West a distance of 2,970 feet, Arapahoe County, Colorado. The approximate (right) abutment latitude 39 deg 37 min 06 sec N & longitude 104 deg 39 min 11 sec W. 4. East Reservoir: The East Reservoir will be located in one of the following locations: (a) Site 1: In §§ 14 & 23, T4S, R65W, 6th P.M. in Arapahoe County, Colorado. This will be an off-channel reservoir. (b) Site 2: (i) §§ 4 & 5, T5S, R64W, 6th P.M., in Arapahoe County, Colorado, or (ii) In the S½ § 26 and parts of §§ 35 & 36, T4S, R65W, 6th P.M. in Arapahoe County, Colorado. This will be an off-channel reservoir. (c) Site 3: (i) In §§ 26, 27, 28, 33, 34, & 35, T5S, R65W, 6th P.M., in Arapahoe County, Colorado, or (ii) In the E½ of §§ 15 & 22, also §§14, 23 & 26, T5S, R65W, 6th P.M. in Arapahoe County, Colorado. This will be an off-channel reservoir. 5. Chatfield Reservoir: Chatfield Reservoir is located in §§ 1, 2, 11, 12, 14 & 23, T6S, R69W, 6th P.M. & §§ 6 & 7, T6S, R68W, 6th P.M. in Douglas and Jefferson Counties, Colorado. Chatfield Reservoir is on the main stem of the South Platte River and the main stem of Plum Creek. The southeast-end of dam (right) abutment is located at a point from whence the SE corner of Section 7, T6S, R68W, 6th P.M. bears South 64 degrees East a distance of 2,064 feet. The approximate (right) abutment latitude 39 deg 32 min 20 sec N & longitude 105 deg 02 min 33 sec W. IV. Source: The source is the South Platte River and tributaries thereto upstream of the Strontia Springs Dam and Reservoir Diversion Facility. V. Appropriation Information: A. Date of Appropriation: Aurora seeks an appropriation date for the conditional rights herein requested of August 30, 2004. B. How Appropriation Was Initiated: By the overt acts of: (1) Aurora’s developing and filing this application; (2) The posting of signs and preliminary location activities upon the land commencing on August 27, 2004; (3) By performing preliminary engineering analyses of the unappropriated water available for diversion by the rights claimed in this application and related issues; and (4) By Aurora City Council approval of a Resolution on August 30, 2004, authorizing initiation and prosecution of the necessary legal proceedings, which Resolution further evinces the City’s intent to act by and through its Utility Enterprise to make the appropriations listed herein. C. Date Water Applied to Beneficial Use: Not applicable to the conditional water rights requested. VI. Amount of Water Claimed: Strontia Springs Dam and Reservoir with a capacity for Aurora’s portion of 700 acre-feet (Conditional), Aurora Rampart Reservoir with a capacity of 1,365 acre-feet (Conditional), Quincy Reservoir with a capacity of 2,693 acre-feet (Conditional), Aurora Reservoir with a capacity of 32,129 acre-feet (Conditional), the East Reservoir with a capacity of 45,000 acre-feet (Conditional), and Chatfield Reservoir with a capacity of 5,000 acre-feet (Conditional) to be continuously filled and refilled year-round as necessary to the stated capacities at the maximum rate of diversion at and through the Strontia Springs Dam and Reservoir Diversion System of 225 cubic feet per second (Conditional). VII. Proposed Uses: Water derived from the requested rights will be used by Aurora within any area capable of being served by these diversion and storage points and the Aurora municipal water supply for any water supply obligations of Aurora for itself or with other water supply entities with which Aurora has water supply contracts or agreements, for municipal and domestic purposes including, but not limited to: fire protection, irrigation of lawns, gardens, parks, private and municipal facilities, sanitary, commercial, manufacturing, mechanical and


industrial use, recreational purposes, creation and maintenance of wetlands, stock watering, fish and wildlife propagation, allowable instream uses, if any, snowmaking, revegetation, storage and maintenance of storage reserves, reservoir evaporation replacement, augmentation, exchange and replacement purposes, for use, reuse for successive uses, disposition following initial use, and reuse until extinction. VIII. General Description of Places of Use: The water derived from the requested rights will be used in Aurora’s current and future service areas served by its municipal water supply and water reuse systems and in any area capable of being served by these diversions and storage points, and the Aurora municipal water supply system for any water supply obligations of Aurora and for use pursuant to trade and other agreements with other water supply entities within the service areas of such entities. Water diverted at the requested point of diversion and stored in the requested storage facilities will be transported to Aurora via pipeline for those uses that arise within Aurora. Currently, Aurora is located in T 2 & 3 S, R 64, 65, 66 & 67 W, 6th P.M., in Adams County; Colorado; T 4 & 5 S, R 65, 66 & 67 W, 6th P.M., in Arapahoe County, Colorado; and, T 6 S, R 65 & 66 W, 6th P.M., in Douglas County, Colorado. IX. Facility Description: A. Surface area at high water line: 1. Surface area of Strontia Springs Dam and Reservoir at high water line is 98 acres. 2. Surface area of Aurora Rampart Reservoir at high water line is 70 acres. 3. Surface area of Quincy Reservoir at high water line is 155 acres. 4. Surface area of Aurora Reservoir at high water line is 820 acres. 5. The surface area of the East Reservoir at high water line is not yet known. 6. Surface area of Chatfield Reservoir at high water line is approximately 1,500 acres. B. Maximum dam height: 1. Maximum height of Strontia Springs Dam and Reservoir in feet is 299. 2. Maximum height of Aurora Rampart Reservoir in feet is 48. 3. Maximum height of Quincy Reservoir in feet is 70. 4. Maximum height of Aurora Reservoir in feet is 131. 5. The maximum height of the East Reservoir is not yet known. 6. Maximum height of Chatfield Reservoir in feet is 147. C. Length of Dam: 1. Length of Strontia Springs Dam and Reservoir is 650 feet. 2. Length of Aurora Rampart Reservoir is approximately 2,000 feet. 3. Length of Quincy Reservoir Dam is 2,432 feet. 4. Length of Aurora Reservoir Dam is 8,400 feet. 5. The length of the East Reservoir Dam length is not yet known. 6. Length of Chatfield Reservoir Dam is 13,365 feet. D. Capacity of the Reservoirs: 1. Aurora’s portion of the Strontia Springs Dam and Reservoir in acre-feet: 700. Active Capacity of Aurora’s portion in acre-feet: approximately 700. Dead Storage of Aurora’s portion in acre-feet: approximately 0. 2. Aurora Rampart Reservoir in acre-feet: 1,365. Active Capacity in acre feet: approximately 1,365. Dead Storage in acre-feet: approximately 0. 3. Quincy Reservoir in acre-feet: 2,693. Active Capacity in acre-feet: approximately 2,693. Dead Storage in acre-feet: approximately 0. 4. City of Aurora Reservoir in acre-feet: 32,129. Active Capacity in acre-feet: approximately 31,679. Dead Storage in acre-feet: approximately 450. 5. Capacity of the East Reservoir in acre-feet: 45,000. Active Capacity in acre-feet: approximately 45,000. Dead Storage in acre-feet: approximately 0. 6. Aurora’s portion of Chatfield Reservoir in acre-feet: 5,000. Active Capacity of Aurora’s portion in acre-feet: approximately 5,000. Dead Storage of Aurora’s portion in acre-feet: approximately 0. X. Name and Address of Owner of Land on which Structure for the Water Right is Located: A. The Applicant owns, or prior to construction, will have rights to use the property where each of the facilities is or will be located. At present, the following parties own the land: 1. Strontia Springs Dam and Reservoir and the Diversion System is owned by the City and County of Denver, acting by and through its Board of Water Commissioners (1600 West 12th Avenue, Denver, Colorado 80204-3412). Land underlying the facility is owned by the Bureau of Land Management (2850 Youngfield Street, Lakewood, Colorado 80215-7076). The Applicant has a right by contract to use this facility. 2. The Aurora Rampart Reservoir is owned by the Applicant. 3. Quincy Reservoir is owned by the Applicant. 4. Aurora Reservoir is owned by the Applicant. 5. The East Reservoir sites are owned by the parties listed on the attached Exhibit B. 6. Chatfield Reservoir is owned by the Secretary of the Army, c/o Assistant Secretary of the Army (Civil Works), 108 Army Pentagon, Room 2E570, Washington, DC 20310-0108. XI. Remarks: A. Attached is a General Location Map. (Exhibit A). B. Aurora does not intend to use the property of others until it has acquired appropriate rights for such use. C. The rights requested in this Application are needed to serve Aurora’s present and future growing water resource demand, to facilitate the maximum utilization of its water resources portfolio, to further advance its already diligent efforts and continued pursuit of water reuse and to further


implement reuse of its water to enlarge and enhance its water supply system. Aurora reasonably believes that it has such needs and is committed to developing the entire amount of each conditional right requested herein. By undertaking planning, engineering, legal efforts, construction and other activities that become necessary and apparent, Aurora can and will be able to diligently complete the conditional appropriations requested herein within a reasonable time and be able to apply to beneficial use the full amount of the conditional appropriations requested herein. Aurora has the requisite intention and necessary financial capacity to complete the tasks necessary to divert, capture, possess, control, store and beneficially use the rights herein requested. XII. Prayers For Relief: A. Aurora requests this Court grant a Decree granting the rights requested herein. B. Aurora requests this Court grant a priority date regarding the rights requested herein of August 30, 2004, and an adjudication date relating back to the filing of this application. C. Aurora further requests this Court also grant such additional relief as it deems necessary and appropriate to further the purposes of the rights requested herein. (11 pages & 2 attachments). 04CW219 BEEBE DRAW GUN CLUB, c/o Robert A. Ruyle, 801 8th Street, Suite 220, Greeley, Colorado 80631, (970) 351-8119. All future correspondence and pleadings to: James S. Witwer, Trout, Witwer & Freeman, PC, 1120 Lincoln Street, Suite 1600, Denver, Colorado 80203, 303-861-1963. E-mail: [email protected]. APPLICATION FOR WATER STORAGE RIGHTS, IN WELD COUNTY. Name of Reservoirs: Gun Club Lake No. 1 (a/k/a Big Lake), Gun Club Lake No. 2 (a/k/a East Lake), Gun Club Lake No. 3 (a/k/a Klein Seep Lake), Gun Club Lake No. 4 (a/k/a Farr Seep Lake). Legal description of location of dams: Gun Club Lake No. 1: In the SE ¼ SE ¼ of Section 34, T. 4 N., R. 65 W., 6th P.M., Weld County, Colorado, at a point approximately 1200 feet N. of the S. Line and 600 feet W. of the E. Line of said Section. Gun Club Lake No. 2: In the SE¼ SE ¼ of Section 34, T. 4 N., R. 65 W., 6th P.M., Weld County, Colorado, at a point approximately 1250 feet N. of the S. Line and 50 feet W. of the E. Line of said Section. Gun Club Lake No. 3: In the NE ¼ SE ¼ of Section 34, T. 4 N., R. 65 W., 6th P.M., Weld County, Colorado, at a point approximately 1400 feet N. of the S. Line and 700 feet W. of the E. Line of said Section. Gun Club Lake No. 4: In the NW ¼ NE ¼ of Section 3, T. 3 N., R. 65 W., 6th P.M., Weld County, Colorado, at a point approximately 50 feet S. of the N. Line and 2300 feet W. of the E. Line of said Section. If off-channel reservoir, name and capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion: N/A. Source: Gun Club Lake Nos. 1-4 receive diffuse surface flows from seepage, springs and other sources in Beebe Draw that travel overland and in established channels into the lakes primarily from the NW 1/4 of Section 2 and NE ¼ and NW ¼ of Section 3, T. 3 N., R. 65 W., and from the SW ¼, SE ¼, and NE ¼ of Section 34, T. 4 N., R. 65 W. Applicant’s control of such flows occurs at the outlet works for each lake. The lakes are interconnected. Date of appropriation: Gun Club Lake No. 1: On or before Nov. 1, 1928. Gun Club Lake No. 2: On or before Nov.1, 1928. Gun Club Lake No. 3: On or before Sept. 1, 2004. Gun Club Lake No. 4: On or before Sept. 1, 2002.How appropriation was initiated: Gun Club Lake Nos. 1-2: By construction of dikes by club with outlet control structures and interconnections between the lakes. Gun Club Lake Nos. 3-4: By construction of headgates by club. Date water applied to beneficial use: Gun Club Lake Nos. 1-2: On or before November 1, 1928. Gun Club Lake No. 3: On or before Sept. 1, 2004. Gun Club Lake No. 4: On or before Sept. 1, 2002. Amount claimed: Gun Club Lake No. 1: Approximately 210 acre-feet, absolute, with rights to refill the lake continuously. Approximately 70 acre-feet of additional water is dead storage and part of a previous natural lake. Gun Club Lake No. 2: Approximately 50 acre-feet, absolute, with rights to refill the lake continuously. Approximately 20 acre-feet of additional water is dead storage and part of a previous natural lake. Gun Club Lake No. 3: Approximately 34 acre-feet, absolute, with rights to refill the lake continuously. Approximately 0 acre-feet of additional water is dead storage. Gun Club Lake No. 4: Approximately 74 acre-feet, absolute, with rights to refill the lake continuously. Approximately 0 acre-feet of additional water is dead storage. Use: Piscatorial, wildlife habitat, scenic, wetland propagation and control, augmentation, replacement, and exchange purposes. Surface area of high water line: Gun Club Lake No. 1: approximately 35 acres; Gun Club Lake No. 2: approximately 10 acres; Gun Club Lake No. 3: approximately 17 acres; Gun Club Lake No. 4:


approximately 37 acres. Maximum height of dam in feet: Gun Club Lake No. 1: approximately 6 feet; Gun Club Lake No. 2: approximately 4 feet; Gun Club Lake No. 3: approximately 3 feet; Gun Club Lake No. 4: Approximately 4 feet. Length of dam in feet: Gun Club Lake No. 1: approximately 200 feet; Gun Club Lake No. 2: approximately 200 feet; Gun Club Lake No. 3: approximately 300 feet; Gun Club Lake No. 4: approximately 600 feet. Name(s) and address(es) of owner(s) upon which any 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. (Identify where dam is located and land within high water line): Applicant.

04CW220 ELIZABETH WEIMER FAMILY REVOCABLE TRUST, c/o Karen Fanning, Trustee, 110 Aline, Louisville, Colorado 80027, (303) 666-8123 (Tienken & Hill, L.L.P., 726 Front Street, Suite B, Louisville, Colorado 80027 (303) 673-9373). CONCERNING THE APPLICATION FOR CHANGE AND POINT OF DIVERSION, IN WELD COUNTY. 2. This application is being filed to correct the descriptions of the points of diversion for Weimer Well Nos. 1-7291 and 2-7292, originally decreed in Case No. W-2224 on April 10, 1973. The actual location of each of these wells will not be changed. Instead, the newly described points of diversion claimed in this application will be the actual locations of the wells since the time of the initial appropriations. 3. Applicant seeks a change in point of diversion for the following described water rights: A. Well No. 1-7291. 1. Name of the structure: Weimer Well No. 1-7291. 2. Previous decree: The Weimer Well No. 1-7291 was previously decreed in the Application of Dave and Elizabeth Weimer, Case No. W-2224, entered April 10, 1973. 3. Legal description of Weimer Well No. 1-7291 in previous decree: located in the SE 1/4 of the NW 1/4 of Section 19, Township 1 North, Range 64 West of the 6th P.M., Weld County, Colorado, more particularly described as 2,613 feet south and 2,629 feet east of the NW 1/4 of said Section 19. 4. Date of appropriation: January 1, 1937. 5. Amount of water: 1.56 cfs. 6. Use of water: irrigation of approximately 100 acres contained within the E ½ of the NW 1/4, and the NE 1/4 of Section 19, Township 1 North, Range 64 West of the 6th P.M., Weld County, Colorado. 7. Applicant seeks to change the decreed point of diversion for Weimer Well No. 1-7291 from the previously decreed location to the following point of diversion: located in the SE 1/4 of the NW 1/4 of Section 19, Township 1 North, Range 64 West of the 6th P.M., Weld County, Colorado, 2,614 feet south of the north line, and 1,332 feet east of the west line of said Section 19. B. Well No. 2-7292. 1. Name of the structure: Weimer Well No. 2-7292. 2. Previous decree: The Weimer Well No. 2-7292 was previously decreed in the Application of Dave and Elizabeth Weimer, Case No. W-2224, entered April 10, 1973. 3. Legal description of Weimer Well No. 2-7292 in previous decree: located in the SW 1/4 in the NE 1/4 of Section 19, Township 1 North, Range 64 West of the 6th P.M., Weld County, Colorado, more particularly described as 2,613 feet south and 359 feet east of the north 1/4 corner of said Section 19. 4. Date of appropriation: June 27, 1950. 5. Amount of water: 2.4 cfs. 6. Use of water decreed for irrigation of approximately 100 acres contained within the E ½ of the NW 1/4, and the NE 1/4 of Section 19, Township 1 North, Range 64 West of the 6th P.M., Weld County, Colorado. 7. Applicant seeks to change the decreed point of diversion for Weimer Well No. 2-7292 from the previously decreed location to the following point of diversion: located in the SE 1/4 of the NW 1/4 of Section 19, Township 1 North, Range 64 West of the 6th P.M., Weld County, Colorado, approximately 2,603 feet south of the north line and 1,707 feet east of the west line of said Section 19. WHEREFORE, Applicant seeks a decree of this court approving the changes requested herein, including the finding that no injury to vested water rights will occur, and for such other relief as the court deems proper. (4 pages) 04CW221 ELK RIDGE ESTATES, LLC, 838-10 Street, Ste. 203, Canmore, Alberta T1W 2A7. (403)-609-2484. Please address all correspondence to: Elk Ridge Estates, LLC, c/o Peggy E. Montano, Esq., Trout, Witwer & Freeman, P.C., 1120 Lincoln St., Suite 1600, Denver, Colorado, 80203. Telephone: (303)-861-1963, Ext. 133. APPLICATION FOR APPROVAL OF AUGMENTATION PLAN OF ELK RIDGE ESTATES LLC IN DOUGLAS COUNTY. This application seeks approval for a plan for augmentation for the withdrawal by Applicant, its successors or assigns, of not nontributary ground water in the Denver aquifer underlying the Applicant’s property. The adjudication of the ground water in the Lower Dawson, Denver, Arapahoe andLaramie-Fox Hills aquifers underlying a portion of the Applicant’s


property, as described below, was previously decreed in the amended decrees in Case Nos. 86CW025 (Lower Dawson aquifer), 84CW220 (Denver aquifer), 84CW216 (Arapahoe aquifer) and 84CW219 (Laramie-Fox Hills aquifer), District Court, Water Division 1, State of Colorado, all dated January 3, 2000 (hereinafter referred to together as the “Pollock Decrees”). The adjudication of the ground water in these same four aquifers underlying the remainder of the Applicant’s property is currently pending before this Court. See In the Matter of the Application for Underground Water Rights of Elk Ridge Estates, LLC, Case No. 03CW252. An application is also pending before this Court for the approval of a plan for augmentation for the withdrawal of not nontributary ground water in the Denver and Arapahoe aquifers underlying the Applicant’s property by the owners of the 31 lots planned for development on the Applicant’s property. See In the Matter of the Application for Approval of Augmentation Plan of Elk Ridge Estates, LLC, Case No. 04CW159. This application addresses the withdrawal of not nontributary Denver aquifer water that was not included in Case No. 04CW159. Description of plan for augmentation: Structures to be augmented: The structures to be augmented include wells to be completed into the Denver aquifer underlying the Applicant’s property, which includes approximately 432.13 acres of land in Sections 30 and 31, T7S, R67W, and Sections 25 and 36, T7S, R68W, all west of the 6th P.M., Douglas County, Colorado, as shown on the location map in Exhibit A attached to the application and as more particularly described in Exhibit B attached to the application (“Subject Property”), for withdrawal of not nontributary Denver aquifer water. In addition, other wells off the Subject Property as permitted by the State Engineer, pursuant to C.R.S. § 37-90-137(4) and the Statewide Nontributary Ground Water Rules, 2 C.C.R. 402-7, for withdrawal of not nontributary Denver aquifer water underlying the Subject Property will be augmented under this plan. The type and quantification of the not nontributary or nontributary water in the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the portion of the Subject Property in said Section 30 and Sections 25 and 36 is the subject of Case No. 03CW252, which is pending in this Court. The ground water underlying the portion of the Subject Property in said Section 31 was previously adjudicated as described in the Pollock Decrees. This application is being filed to provide augmentation for a portion of the Denver aquifer water, which may be found to be not nontributary in Case No. 03CW252 and the not nontributary ground water in the Denver aquifer as adjudicated in Case No. 84CW220. This plan is in accord with the Pollock Decrees and State Engineer Office’s Determination of Facts Reports for the Denver, Arapahoe and Laramie-Fox Hills aquifers filed in Case No. 03CW252 and attached to the application as Exhibits C, D and E, respectively. The amount and source of water that is the subject of this plan is approximately 197.15 acre-feet per year of not nontributary Denver aquifer water underlying the Subject Property. This amount does not include any of the not nontributary Denver aquifer water underlying the Subject Property that is the subject of the augmentation plan submitted to this Court for approval in Case No. 04CW159. Water rights to be used for augmentation: Nontributary ground water from the Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property, as previously decreed in Case Nos. 84CW216 and 84CW219, and as eventually decreed in Case No. 03CW252, which is now pending in this Court. Statement of plan for augmentation: Applicant, its successors and/or assigns, may construct wells on the Subject Property, as approved in the Pollock Decrees and in Case No. 03CW252, which is currently pending before the Court, and/or may construct other wells off the Subject Property as permitted by the State Engineer, pursuant to C.R.S. § 37-90-137(4) and the Statewide Nontributary Ground Water Rules, 2 C.C.R. 402-7, for withdrawal of not nontributary Denver aquifer ground water underlying the Subject Property. The withdrawn water may be used on or off the Subject Property. During pumping, Applicant will replace an amount equal to 4% of water withdrawn on an annual basis, pursuant to C.R.S. § 37-90-137(9)(c). Applicant will reserve and dedicate up to 8,185 acre-feet of nontributary Arapahoe aquifer water and 11,530 acre-feet of nontributary Laramie-Fox Hills aquifer water underlying the Subject Property, as decreed in Case Nos. 84CW216 and 84CW219 and as eventually decreed in Case No. 03CW252, to replace pumping and post pumping depletions through direct discharge to West Plum Creek via an Arapahoe aquifer well(s) and, as necessary, a Laramie-Fox Hills aquifer well(s) to be located on the Subject Property. Such reserved water shall not be available for use by Applicant, its successors or


assigns, for any purpose other than replacement of depletions resulting from withdrawal and use of the subject ground water. AMENDED APPLICATIONS 2001CW258 SOUTH ADAMS COUNTY WATER AND SANITATION DISTRICT, 6595 East 70th Avenue, Commerce City, CO 80037 (David L. Harrison and Timothy J. Beaton, Moses, Wittemyer, Harrison and Woodruff, P.C., P.O. Box 1440, Bouldler, CO 80306). SECOND AMENDMENT TO APPLICATION FOR PLAN FOR AUGMENTATION IN ADAMS COUNTY. Paragraph 11(b)iii of the Application concerning the legal description of the headgate of the Brighton Ditch is amended to correct the Range from R.66 W. to R.67 W. Paragraph 11(c)(i)(3) of the Application concerning the legal description of the Lupton Bottom Ditch is amended as follows: The decreed headgate location is Aon or near the N.W. 1/4 of Section 16, T1N of R66W, in Weld County.@ However, this does not correspond to the actual location of the headgate which is in the NW 1/4 of the SW 1/4 of Section 19, T1N of R66W. Paragraph 4 of the Application as amended by the First Amendment is further amended by striking and replacing the lines describing certain wells as follows: Name, legal description, and amount claimed for each well: Northeast Well Field

Pumping Annual Est. Well No. Legal Description Rate Volume Depth

(gpm) (af/y) (ft) 31 NW1/4 SW1/4, Sec. 5, T2S, R66W, 350 420 50

2875 feet from the north section line and 742 feet from the west section line

2660 feet from the south section line and 1080 feet from the west section line

35 SE1/4 NW1/4 NE1/4 SW1/4, Sec. 33, T1S, R66W,

750 900 50

2550 feet from the north section line and 2400 feet from the west section line

2600 feet from the south section line, 1950 feet from the west section line

82 SE1/4 SE1/4, Sec. 6, T2S, R66W, 200 800 240 960 50 100 feet from the south section line and 100 feet from the east section line

SW1/4 SW1/4, Sec. 33, T1S, R66W 900 feet from the south section line, 50 feet from the west section line

84 NE1/4 NW1/4, Sec. 5, T2S, R66W, 250 300 50 400 feet from the north section line and 2600 feet from the west section line750 feet from the

north section line, 2490 feet from the west section line

90 NE1/4 SE1/4 SE1/4 NE1/4, Sec. 32, T1S, R66W,

700 840 50

2875 feet from the north section line and 415 feet from the east section line

2250 feet from the north section line, 50 feet from the east section line

91 NW1/4 NE1/4, Sec. 7, T2S, R66W, NW1/4 SE 1/4, Sec. 33, T1S, R66W

450 750 540 900 50

330 feet from the north section line and 1690 feet from the east section line


2600 feet from the south section line, 1780 feet from the east section line

Because the pumping rate and annual volume of appropriation have increased for both Wells 82 and 91, South Adams is now claiming an appropriation date for those two wells July 9, 2002, the day on which test holes were completed at the new location and the decision was made to relocate them to the present locations. The pumping rate, annual volume of appropriation and the appropriate date for the other wells remains unchanged. Approximate locations of the wells are depicted on Exhibit D to the Second Amendment. The names and addresses of the owners of the land on which the wells are to be located as amended are as follows: Northeast Well Field - Well 31 Northwood Village Associates, Ltd., c/o Moore & Co., 8490 East Crescent Parkway, #250, Greenwood Village, CO 80111; Well 35 Dan V. Cutler, et. al., 12635 Buckley Road, Brighton, CO 80601-7065; Well 82 Dan V. Cutler, et. al., 12635 Buckley Road, Brighton, CO 80601-7065; Well 84 Northwood Village Associates, Ltd. And 120th and Buckley Associates, Ltd., 1860 Blake Street, Suite 400, Denver, CO 80202; Well 90 Dan V. Cutler, et al., 12635 Buckley Road, Brighton, CO 80601-7065; Well 91 Dan V. Cutler, et. al., 12635 Buckley Road, Brighton, CO 80202. (5 pages plus 1-page exhibit) 01CW290 Board of County Commissioners of the County of Clear Creek and the Clear Creek Economic Development Corporation, Board of County Commissioners of the County of Clear Creek, P. O. Box 2000, Georgetown, CO 80444, (303)679-2312 and Clear Creek Economic Development Corporation, P. O. Box 2030, Georgetown, CO 80444, (303)569-2133, c/o Paul J. Zilis and Lisa C. Ledet, P. O. Box 871, Boulder, Colorado 80306, (303)443-6151. SECOND AMENDMENT TO APPLICATION FOR WATER STORAGE RIGHTS, IN CLEAR CREEK COUNTY. 1) The original Application was filed in this case on December 31, 2001 (“Original Application”), and a First Amendment to Application for Water Storage Rights was filed on April 30, 2002, changing the legal descriptions for Leavenworth Reservoir No. 1. Applicants have since discovered that the legal description for Leavenworth Reservoir No. 1 and Leavenworth Reservoir No. 2 are incorrect. Therefore, the Original Application and the First Amendment shall be amended to correct the legal descriptions for Leavenworth Reservoir Nos. 1 and 2. 2) Legal description of the structures to which this amendment applies. Pursuant to Uniform Water Court Rule 4(a): a. The correct legal description of Leavenworth Reservoir No. 1 is T5S, R75W, 6th P.M., at a point on Leavenworth Creek whence the SW corner of Section 36, T4S, R75W, 6th P.M., bears N 37° 40’ E a distance of 6,350 feet. This is the legal description in the Original Application. The First Amendment incorrectly described Leavenworth Reservoir No. 1 as being located in T4S, R75W, 6th P.M. b. The correct legal description of Leavenworth Reservoir No. 2 is SW 1/4 SW 1/4, Section 36, T4S, R75W, 6th P.M. at a point approximately 4,900 feet from the East Section line and 290 feet from the South Section line of said Section 36. The Original Application incorrectly provided that Leavenworth Reservoir No. 2 was 290 feet from the North Section line of said Section 36. 3) Remarks: a. Except as expressly amended hereby, all the claims, provisions, terms and conditions of the Original Application shall remain in full force and effect. b. Applicants request that this amendment relate back to the filing of the Original Application in this matter. c. Applicants stipulate that all previous Statements of Opposition filed in this matter shall remain valid as against the Application as amended, without the need to renew such statements. 02CW116 PUBLIC SERVICE COMPANY OF COLORADO, D.B.A. XCEL ENERGY, 4653 Table Mountain Drive, Golden, Colorado 80403, (720) 497-2125. (Brian M. Nazarenus, Esq., Carolyn F. Burr, Esq., Friedlob Sanderson Paulson & Tourtillott, LLC, 1775 Sherman Street, Twenty-First Floor, Denver, Colorado 80203, (303) 571-1400); FIRST AMENDED APPLICATION FOR CONDITIONAL APPROPRIATIVE RIGHTS OF EXCHANGE IN WELD AND ADAMS COUNTIES. 2. The Application for Appropriative Rights of Exchange is Amended as Follows: Paragraph 3.a of the Application, Sources of Substitute Supply, is amended to include the following new subparagraphs iii and iv: iii. Senior Agricultural Rights Changed in Case No. 02CW154(A). In Case No. 02CW154(A), PSCo seeks to change its pro rata interest in the water rights of the Beeman Ditch Company. A trial was held in


02CW154(A) in August, 2004, and PSCo’s use of Beeman Ditch water rights as a substitute source of supply in the exchanges sought herein will be governed by the terms and conditions of the decree in that case. The water right that is the subject of 02CW154(A), and that PSCo seeks to use as an additional source of substitute supply for exchange purposes, is: 1) The Beeman Ditch Water Right: The Beeman Ditch shares a diversion dam with the Meadow Island No. 2 Ditch. Said point of diversion is located on the west bank of the South Platte River in the SE¼ of the NW¼ of Section 1, Township 2 North, Range 67 West of the 6th P.M. PSCo owns 18.5 of the 40 shares, or 46.25 percent, of the Beeman Irrigation Ditch and Milling Company. On April 28, 1883, in an original adjudication in Case No. 6009, the District Court for the County of Arapahoe decreed to the Beeman Ditch a direct flow right out of the South Platte River of 127 cfs with an appropriation date of December 19, 1877 for irrigation purposes. On March 29, 1905, in Case No. 1569, the Weld County District Court confirmed a change in the point of diversion of the Beeman Ditch from its original headgate to the headgate of the Meadow Island No. 2 Ditch. 2) In addition to the Beeman Ditch water right, described above, the Beeman Ditch owns 10 shares in the Meadow Island Ditch Company No. 2 and has a right to receive additional water from the Meadow Island No. 2 Ditch Company pursuant to a 1925 contract. Pursuant to the limitations imposed in Case No. 02CW154(A), neither PSCo’s interest in the Meadow Island Ditch Company water rights, Priority Nos. 12 and 41, nor its interest in receiving water pursuant to the 1925 Contract are claimed as a source of substitute supply for the exchanges that are the subject of this application. iv. Senior Agricultural Rights Changed in Case No. 02CW154(B). In Case No. 02CW154(B), PSCo seeks to quantify and change for industrial purposes, including use as a source of substitute supply in an exchange, the historic consumptive use associated with PSCo’s ownership interest in the water rights described below. Use of such rights as additional sources of substitute supply for the exchanges sought herein will be subject to the terms and conditions of the decree entered in Case No. 02CW154(B). 1) Jay Thomas Ditch: The Jay Thomas Ditch headgate is located on the west bank of the South Platte River in the NW¼ of the NW¼ of Section 11, Township 3 North, Range 67 West of the 6th P.M. PSCo owns all of the Jay Thomas Ditch water right. It was awarded a priority by the District Court for the County of Arapahoe on April 28, 1883 in an original adjudication in Case No. 6009. It is decreed a direct flow right out of the South Platte River of 104.35 cfs with an appropriation date of June 1, 1865 for irrigation purposes. The original decree was modified by the District Court in and for the City and County of Denver on January 7, 1911 in Case No. 46931 whereby the amount decreed to the Jay Thomas Ditch was reduced from 104.35 cfs to 18.0 cfs, that being the maximum amount of water that could actually be beneficially applied to the land underlying the ditch. 2) Hewes & Cook Ditch. The Hewes and Cook Ditch shares a mutual headgate with the Western Ditch, located on the east bank of the South Platte River in the SE¼ of the SW¼ of Section 11, Township 3 North, Range 67 West of the 6th P.M. PSCo owns two (2) cfs of the Hewes & Cook water rights. The Hewes & Cook Ditch shares a mutual headgate and ditch with the Western Mutual Ditch Company. a. Hewes & Cook Priority 13: On April 28, 1883, in an original adjudication in Case No. 6009, the District Court for the County of Arapahoe decreed to John Hewes and Marshall Cook a direct flow right out of the South Platte River of 27.45 cfs with an appropriation date of May 5, 1866 for irrigation purposes. PSCo’s interest in Priority 13 is 0.557 cfs. b. Hewes & Cook Priority 23: On April 28, 1883, in an original adjudication in Case No. 6009, the District Court for the County of Arapahoe decreed to John Hewes and Marshall Cook a direct flow right out of the South Platte River of 71.12 cfs with an appropriation date of August 10, 1871 for irrigation purposes. PSCo’s interest in Priority 23 is 1.443 cfs. 3) PSCo’s Lupton Meadows Ditch Shares: The point of diversion of the Lupton Meadows Ditch is through the Lupton Bottom Ditch which is located on the west bank of the South Platte River in the NE¼ of the NE¼ of Section 12, Township 1 North, Range 67 West of the 6th P.M. PSCo owns 67 shares in the second division of the Lupton Meadows Ditch Company. The Lupton Meadows Ditch Company also owns 43 shares (52.3 percent) in the Lupton Bottom Ditch Company. PSCo’s interest in the Lupton Meadows Ditch Company are comprised of the following water rights: a. Lupton Bottom Ditch Priority No. 5: On April 28, 1883, in an original adjudication in Case No. 6009, the District Court for the County of Arapahoe decreed to the Lupton Bottom Ditch Company a direct flow right out of the South Platte River of 47.7 cfs with an appropriation date of May 15, 1863 for irrigation


purposes. b. Lupton Bottom Ditch Priority No. 29: On April 28, 1883, in an original adjudication in Case No. 6009, the District Court for the County of Arapahoe decreed to the Lupton Bottom Ditch Company a direct flow right out of the South Platte River of 92.87 cfs with an appropriation date of September 15, 1873 for irrigation purposes. c. Elwood Ditch: On April 28, 1883, in an original adjudication in Case No. 6009, the District Court for the County of Arapahoe decreed to the Elwood Ditch a direct flow right out of the South Platte River of 37.60 cfs with an appropriation date of March 10, 1871 for irrigation purposes. On April 4, 1927, Case No. 96148, the District Court for the City and County of Denver awarded the Lupton Meadows Ditch Company a decree changing the point of diversion of the Elwood Ditch to the Lupton Bottom Ditch headgate and reduced the decreed amount from 37.60 cfs to 10.0 cfs. 3. Remainder of Application Unchanged. The remainder of the application originally filed in Case No. 02CW116, including the exchange reaches, the rates of exchange, and the appropriation date are unchanged by this amendment. THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED.

YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of October 2004 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be filed as an Original with triplicate copies and include $70.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.

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