1

DISTRICT COURT, WATER DIVISION 1, COLORADO

AUGUST 2019 WATER RESUME PUBLICATION

TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1

Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right

applications and certain amendments filed in the Office of the Water Clerk during the month of AUGUST

2019 for each County affected.

19CW24 GERALD J. MAVOR AND VALENTINA N. MAVOR LIVING TRUST, 27174 CR 13,

Elizabeth, CO 80107. APPLICATION FOR UNDERGROUND WATER RIGHTS IN THE

DENVER BASIN AQUIFERS IN ELBERT COUNTY. Applicant seeks to adjudicate the well, permit

285589, and to adjudicate the non tributary and not nontributary Denver Basin groundwater underlying a

53 acre tract of land lying in the NW1/4 SW1/4, S18, T9S, R64W of the 6th PM, including the Dawson,

Denver, Arapahoe and Laramie Fox Hills aquifers.

19CW25 PAUL AND TAWNY GREGORY, 8771 Flint Ridge St., Bennett, CO 80102. 303-317-2230.

APPLICATION FOR UNDERGROUND WATER RIGHTS IN THE DENVER BASIN AQUIFERS

IN ADAMS COUNTY. Applicant seeks to adjudicate the well, permit 293168, and to adjudicate the non

tributary and not nontributary Denver Basin groundwater underlying a 36 acre tract of land lying in the

NW1/4 NE1/4, S27, T2S, R64W of the 6th PM, including the Dawson, Denver, Arapahoe and Laramie Fox

Hills aquifers.

19CW26 DAVID R WEILAGE, 285 Potato Patch Circle, Evergreen, CO 80439. APPLICATION

FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE IN WHOLE OR

IN PART IN JEFFERSON COUNTY. Date of original decree: 09-06-06 in case 06CW105, WD 1;

Subsequent decree: 08-12-13 in case 12CW213, WD 1. Weilage Well Nos 1-6 exact location will not be

known until the residences the wells will serve are constructed. The wells can generally be described as

being within the S1/2S1/2, S3, T6S, R70W, 6th PM. Easting; E4378320.33m; Northing; 5481491.24m.

Source: Groundwater tributary to Switzer’s Gulch, Deer Creek and S. Platte river. Appropriation Date; 04-

28-06. Amount: 15 gpm for each well. Applying to make one well absolute in the amount of 2 gpm. Use:

Domestic and ordinary household purposes, irrigation of lawn, garden and fire protection.

19CW3157 Coulson Excavating Company, Inc., 3609 N. Co. Rd. 13, Loveland CO 80538 In the Big

Thompson River or its Tributaries In LARIMER AND WELD COUNTIES. APPLICATION FOR

APPROVAL OF PLAN FOR AUGMENTATION, CHANGE OF WATER RIGHT, AND FOR

CONDITIONAL AND ABSOLUTE UNDERGROUND AND SURFACE WATER RIGHTS,

INCLUDING WATER STORAGE RIGHTS Counsel: Sean D. Rutledge, Patterson Rutledge & Assoc.

315 E. 7th St., Loveland CO 80537 (970) 669-2864 1.0 Application 1.1 Applicant: Coulson Excavating

Company, Inc. 3609 North County Road 13. Loveland, CO 80538 1.2 Overview: Application seeks

approval for augmentation plan to replace depletions to Big Thompson River resulting from evaporation

losses and industrial uses occurring at gravel pit mining operations (Collectively, “Coulson Gravel Pits”)

and as required under statute, C.R.S. 37-90-137 (11). This plan quantifies such depletions in time, place

and amount and ensures adequate replacement in order to prevent injury. Applicant also seeks determination

of historical consumptive use associated with their acquired interest in certain water rights owned by them,

to wit: (1) 19 out of 128 Share in the Hill and Brush Ditch (“H&B Shares”); (2) all interest in the Osborn

Irrigation System (“OIS”); (collectively, “Changed Water Rights”) . Applicant claims the right to use

historically consumed portion of future yields of Changed Water Rights for all lawful purposes and to

extinction, but subject to maintenance of historical return flows. The Changed Water Rights may be used

on a direct flow basis or stored in lined structures described herein (collectively, “Reservoirs”). Applicant

also seeks conditional and absolute water rights on the Big Thompson River to support their present and

future operations (collectively, “New Water Rights”). The locations of the Gravel Pits, Reservoirs and

Structures are shown in Exhibits A, B and C. 2.0 Plan for Augmentation: 2.1 Name of Structures to be

2

Augmented: Applicant seeks to augment undecreed Coulson Gravel Pits described as follows: A. Gardels

Pit (8.8 surface acres total). Comprised of two cells, each located in the SE 1/4 of the NE1/4 of Section 19,

Township 5 North, Range 68 West of the 6th PM. (DRMS permit no. M 2005-033). The center of Pond One

is 1644 feet from the North line and 475 feet from the East line of said Section 19. The Center of Pond Two

is 1892 feet from the North line and 1299 feet from the East line of said Section 19. B. Brownwood Pit

(12.8 acres). Comprised of one cell located in W1/2 of Section 19, and SW1/4 of Section 20, Township 5

North, Range 68 West of the 6th PM. (DRMS permit no. M 1979-033). The Center of the Pond occurs at a

distance of 2511’ from the south line and 364' from the east line of said Section 19. C. Kirtright Pit. (21.76

surface acres total). Comprised of four cells, each located in the SE1/4 of Section 15, Township 5 North,

Range 68 West of the 6th PM. (DRMS permit no. M1853-123). The center of Pond One is located 921 feet

from the South line and 2079 feet from the East line of said Section 15. The center of Pond Two is located

453 feet from the South line and 1275 feet from the East line of said Section 15. The center of Pond Three

is located 815 feet from the South line and 769 feet from the East line of said Section 15. The center of

Pond Four is located 555 feet from the South line and 297 feet from the East line of said Section 15. D.

Challenger Pit. (22.7 surface acres total). Comprised of three cells, each located in the NW1/4 of Section

29, Township 5 North, Range 68 West of the 6th PM. (DRMS permit no. M1985-026). The center of Pond

One is located a distance of 1195 feet from the North line and 628 feet from the West line of said Section

29. The center of Pond Two is located a distance of 2010 feet from the North line and 601 feet from the

West line of said Section 29. The center of Pond Three is located a distance of 2072 feet from the North

line and 1245 feet from the West line of said Section 29. 2.2 Water Rights to Be Used for Augmentation:

A. Changed Water Rights pursuant to requests made in paragraphs 3 and 4 herein; B. New Water Rights

pursuant to requests made in paragraphs 5-11 and as described herein. 2.3 Complete Statement of Plan

for Augmentation: Applicant will deliver consumable portions of future yields of Changed and New

Water Rights to the Big Thompson River and through the structures described in this Application. Such

replacements shall be made for out of priority and future depletions resulting from evaporative loss from

groundwater exposed after January 1, 1981 as a result of mining or industrial application occurring at the

Gravel Pits. Losses shall be calculated pursuant to obligations in C.R.S. 37-90-137 (11) and supporting

guidelines. Applicant may use additional replacement supplies in this plan and claims the right to do so

without amending this application if such additional supplies are decreed to lawfully allow such use and

can be delivered through structures and measuring devices that are otherwise described. 3.0 First Proposed

Change of Water Right 3.1 Decreed Name for which first proposed Change is sought: A. Name of

Structure: Osborn Irrigation System (“OIS”). B. Date of original and all relevant subsequent decrees:

November 14, 1939. Case No: 1077 Court: Boulder County, District Court. C. Legal Description of

Structure as described in most recent decree that adjudicated the location: Located in the north half (N1/2)

of Section nineteen (19), Township five (5) North, Range sixty-eight (68) West of the 6th Principal

Meridian, in Larimer County, Colorado, and that said irrigation system consists of an equalizer pond and a

ditch consisting of four consecutive sections, identified as Ditches Nos. 1, 2, 3 and 4. That the aforesaid

equalizer pond (source no. 1), which is at the head of ditch no. 1, is located at a point whence the northeast

corner of said section nineteen (19) bears north 27°41’ east 1049 feet. Source No. 2 is a seepage flow which

is concentrated at a point from whence the northeast corner of Section nineteen (19) bears north 32°10’ east

1530 feet. Source No. 3 is a seepage flow which is concentrated at a point from whence the north quarter

corner of Section nineteen (19) bears north 29°10’ west 1965 feet. Source No. 4 is a seepage flow which is

concentrated at a point from whence the north quarter corner of Section nineteen (19) bears north 2°10’

east 1942 feet. Source No. 5 is a seepage flow which is concentrated at a point from whence the north

quarter corner of section nineteen (19) bears north 9°30’ east 2110 feet. Ditch No. 1 flows southwesterly

from source No.1 past source No. 2, a distance of one thousand five hundred (1,500) feet, to the point where

it connects with Ditch No. 2; Ditch No. 2 extends to the eastward from the eastward end of ditch No. 3 to

the end of ditch No. 1, a distance of one hundred seventy (170) feet; Ditch No. 3 extends both easterly to

ditch No. 2, and westerly to Ditch No. 4, from source No. 3; Ditch No. 4 is a continuation of ditch No. 3,

and the water in said ditch may be run either a southwesterly or northeasterly direction from sources Nos.

4 and 5, and in a southwesterly direction only from source No. 3. A copy of the OIS Decree is given in

3

Exhibit D. D. Decreed Source of Water: See paragraph 3.C. above describing seepage flows accumulating

at five concentrated locations along Big Thompson Rivers (“Sources”). E. Appropriation Date: December

31, 1888. F. Total Amount Decreed to Structure in gallons per minute (g.p.m.) or cubic feet per second

(c.f.s.): 1.06 cubic feet per second (c.f.s). G. Decreed use: Irrigation. H. Amount of water application intends

to change: 1.06 cubic feet per second (c.f.s.). 3.2 Detailed Description of First Proposed Change:

Applicant will continue to accept delivery of OIS Water Right from Sources through historical ditches and

additional structures necessary to deliver water to Gardels Reservoir West (Storage capacity: 24 acre feet

Surface Area: 3.3 acres). The center of the Gardels Reservoir West is located in the SE1/4 of the NW1/4 of

Section 19, Township 5 North, Range 68 West of the 6th Principal Meridian at a distance of 2324 feet from

the North line and 2361 feet from the West line of said Section 19. Once stored, the historically consumed

portion of yields from OIS Water Right may be used for any lawful purpose to extinction including

augmentation of the Coulson Gravel Pits. Deliveries of water including all amounts necessary to maintain

historical return flows will be made through the outfall located in the SE1/4 of the NW1/4 of Section 19,

Township 5 North, Range 68 West of the 6th PM at a distance of 2570 feet from the North line and 2534

feet from the West line of said Section 19. Applicant has completed an historical consumptive use analysis

of irrigation practices associated with the OIS Water Right and will ensure against expansion of use and

injury under the change proposed. The OIS historical monthly water available for consumptive use is given

in Exhibit E. The historically irrigated lands and dry-up areas are given in Exhibit F. 4.0 Second Proposed

Change of Water Right 4.1 Decreed Name for which second proposed Change is sought: I. Name of

Structure: Hill and Brush Ditch. J. Date of decree (original adjudication): May 28, 1883. Case No: 1683

(61.801 c.f.s.) Court: Boulder County, District Court. Date of decree (abandonment): February 25, 1985.

Case No: 84CW204 (abandoned 34.801 c.f.s.). Court: District Court, Water Division No. 1: K. Legal

Description of Structure as described in most recent decree that adjudicated the location (“Hill and Brush

Headgate”): Section 24, Township 5 North, Range 68 West of the 6th P.M. L. Decreed Source of water:

Seepage flow accumulating at five concentrated locations in Big Thompson watershed as described above

(“Sources”). M. Appropriation Date: December 31, 1888. N. Total Amount Decreed to Structure in gallons

per minute (g.p.m.) or cubic feet per second (c.f.s.): 27 cubic feet per second (c.f.s.). O. Decreed use:

Irrigation P. Amount of water applicant intends to change: Applicant’s proportional entitlement in interest

in Hill and Brush pursuant to 26 out of 128 shares (.2031 c.f.s.) historically used for purposes of irrigation

on certain real property known as the Challenger/Pfeif Farm, described as follows: The Northwest Quarter

(NW 1/4) and the North One-half (N1/2) of the Southwest Quarter (SW1/4) of Section Twenty-nine (29),

Township Five (5) North, Range 67 West of the Sixth Principal Meridian. Excepting from the above

described premises rights of way, and excepting a tract containing one-acre in the Northeast corner of the

Northwest Quarter (NW1/4) of said Section Twenty-nine (29). A copy of the H&B Decree is given in

Exhibit G. 4.2 Detailed Description of Second Proposed Change: Applicant will continue to divert H&B

Shares from Big Thompson River through Hill and Brush Headgate and will be used directly or else stored

in the Amen Reservoir Complex (Total Storage Capacity: 331 acre feet, Total Surface Area: 30.9 acres).

The Amen Reservoir Complex consists of three separate ponds the centers of which are located as follows:

POND 1 (4.7 acres, 31 acre feet) in the SE1/4 of the SW1/4 of Section 19, Township 5 North, Range 67

West at a distance of 620 feet from the South Line and 2393 feet from the West line of said Section 19.

POND 2 (26.2 acres, 300 acre feet) in the SW1/4 OF THE SW1/4 of Section 19, Township 5 North, Range

67 West at a distance of 504 feet from the South Line and 1114 feet from the West Line of said Section 19.

POND 3 (12.2 acres, 80 acre feet) in the NW1/4 of the SW1/4 of Section 19, Township 5 North, Range 67

West at a distance of 1441 feet from the South line and 1075 feet from the West line of said Section 19.

OUTFALL: SW1/4 of the NW1/4 of Section 29, Township 5 North, Range 67 West at a distance of 1556

feet from the North line and 0 feet from the West line of said Section 29. The historically consumed portion

of yields from H&B Shares may be used for any lawful purpose to extinction including augmentation of

the Coulson Gravel Pits. Applicant will replace historic return flows in locations, at times, and in amounts

necessary to prevent injury. The applicant has completed an historical consumptive use analysis of irrigation

practices associated with the H&B Shares and will ensure against expansion of use and injury under the

change proposed. The H&B historical monthly Pro-Rata Diversions are given in Exhibit H. The historically

4

irrigated lands and dry-up areas are given in Exhibit I. 5.0 First Claim of Direct Flow Water Right. 5.1

Name of Structure: Big Thompson Ditch and Manufacturing Company Ditch Headgate. 5.2 Legal

Description of point of diversion: NE1/4 of the SW1/4 Section 15, Township 5 North, Range 68 West of

the 6th PM. 5.3 Source: Big Thompson River. 5.4 A. Date of appropriation: June 6, 2014 B. How

appropriation was initiated: By diversion under free river conditions for industrial uses in connection with

gravel pit operations and further described in attached Affidavit of Peter Wayland, President, Weiland, Inc.

Date appropriation was applied to beneficial use: June 6, 2014. 5.5 Amount claimed: 3.05 c.f.s. (absolute)

17.35 c.f.s. (conditional) 5.6 List all proposed uses: All lawful uses to extinction including augmentation

of the Coulson Gravel Pits, industrial uses associated with applicant’s gravel pit mining operations at

locations described above, or other locations acquired by applicant in the future. Water to be used on a

direct flow basis or stored in structures identified in this application, including Brownwood Reservoir SE

described in Paragraph 9 below. 6.0 Second Claim Direct Flow Water Right. 6.1 Name of Structure:

Hillsborough Ditch Headgate. 6.2 Legal Description of point of diversion: SE1/4 of the NW1/4, Section

21, Township 5 North, Range 68. West of the 6th PM. 6.3 Source: Big Thompson River. 6.4 A. Date of

Appropriation: August 9, 2019 B. How appropriation was initiated: By filing this application. 6.5 Amount

claimed: 20 c.f.s. (conditional) 6.6 List all proposed uses: All lawful uses to extinction including

augmentation of the Coulson Gravel Pits, industrial uses associated with applicant’s gravel pit mining

operations at locations described above, or other locations acquired by applicant in the future. Water to be

used on a direct flow basis or stored in structures identified in this application, including Stroh Reservoir

Complex, described in Paragraph 10 below. 7.0 Third Claim of Direct Flow Water Right. 7.1 Name of

Structure: Hill and Brush Ditch Headgate. 7.2 Legal Description of point of diversion: NE1/4, Section

24, Township 5 North, Range 68 West of the 6th PM. 7.3 Source: Big Thompson River. 7.4 A. Date of

Appropriation: August 9, 2019 B. How appropriation was initiated: By filing this application. 7.5 Amount

claimed: 20 c.f.s. (conditional). 7.6 List all proposed uses: All lawful uses to extinction including

augmentation of the Coulson Gravel Pits, industrial uses associated with applicant’s gravel pit mining

operations at locations described above, or other locations acquired by applicant in the future. Water to be

used on a direct flow basis or stored in structures identified in this application, including Amen Reservoir

Complex described in paragraph 11 below. 8.0 First Claim of Storage Right: 8.1 Name of Reservoir:

Amen Reservoir Complex (comprised of three separate cells). 8.2 Legal description of each of 3 separate

ponds the center of each is set forth as follows: (a) (Pond 1) The SE1/4 of the SW1/4 of Section 19,

Township 5 North, Range 67 West of the 6th PM at a distance of 620’ from the South line and 2393” from

the West line of Section 19, consisting of approximately 4.7 acres in surface area. (b) (Pond 2) The SW1/4

of the SW1/4 of Section 19, Township 5 North, Range 67 West at a distance of 504 feet from the South line

and 1114 feet from the West line of Section 19, consisting of approximately 26.2 acres in surface area. (c)

(Pond 3) The NW1/4 of the SW1/4 of Section 19, Township 5 North, Range 67 West at a distance of 1441

feet from the South line and 1075 feet from the West line of Section 19, consisting of approximately 12.2

acres in surface area. 8.3 Source: Seepage tributary to Big Thompson River and located in SW1/4 of Section

19, Township 5 North, Range 67 West of the 6th PM. 8.4 A. Date of appropriation: August 9, 2019 B. How

appropriation is initiated: filing of this application. 8.5 Amount claimed: 411 AF with right to; fill and refill

until completion (conditional) 8.6 List all or proposed uses: All lawful uses to extinction including

augmentation of the Coulson Gravel Pits, industrial uses associated with applicant’s gravel pit mining

operations at locations described above, or other locations acquired by applicant in the future. 8.7 A. Date

of appropriation: August 9, 2019 B. How appropriation was initiated: Filing of this application. 8.8 Total

capacity of ponds: 411 AF 9.0Second claim of Storage Right 9.1 Name of Reservoir: Brownwood

Reservoir SE. 9.2 Legal description of center: The SW1/4 of Section 19, Township 5 North, Range 67

West of the 6th PM. 9.3 Source: Big Thompson River. 9.4 If filled from a ditch: A. Name of ditch: 20 c.f.s.

through Big Thompson Ditch and Manufacturing Company B. Legal description of point of diversion:

NE1/4 of the SW1/4, Section 15, Township 5 North, Range 68 West of the 6th PM. 9.5 A. Date of

Appropriation: June 6, 2014 B. How appropriation was initiated: By diverting 3.05 c.f.s. absolute from Big

Thompson River through lateral off Big Thompson Ditch and Manufacturing Company and into

Brownwood Reservoir SE for subsequent industrial use. In total, 113 AF was stored with the intention of

5

being beneficially used for replacement water in the operation of the applicant’s gravel pit temporary

substitute supply plans. 9.6 Amount claimed: 120.12 AF with right to fill and refill until completion, (113

AF absolute, 7.12 AF conditional). 9.7 List all or proposed uses: All lawful uses to extinction including

augmentation of the Coulson Gravel Pits, industrial uses associated with applicant’s gravel pit mining

operations at locations described herein, or other locations acquired by applicant in the future. 9.8 Surface

area of high-water line: 11.13 acres 9.9 Total capacity of reservoir: 120.12 AF of active storage. 10.0 Third

claim of Storage Right 10.1 Name of Reservoir: Stroh Reservoir Complex 10.2 Legal description of

Center: (Pond 1) The NW1/4 of the NW1/4 of Section 23, Township 5 North, Range 68 West at a distance

of 174 feet from the North line and 719’ from the West line of said Section 23, consisting of approximately

35 acres in surface. (Pond 2) The NE1/4 of the NW1/4 of Section 23, Township 5 North, Range 68 West

at a distance of 718 feet from the North line and 1719 feet from the West line of said Section 23, consisting

of approximately 13 acres in surface area. 10.3 Source: Big Thompson River 10.4 If filled from a ditch: A.

Name of ditch: 20 c.f.s. through Hillsborough Ditch Headgate B. Legal description of point of diversion:

SE1/4 of the NW1/4, S 21, T5N, R68 West of the 6th PM. 10.5 A. Date of Appropriation: August 9, 2019

B. How Appropriation was initiated: By filing this application. 10.6 Amount claimed: 960 AF with right to

fill and refill until completion (conditional). 10.7 List all or proposed uses: All lawful uses to extinction

including augmentation of the Coulson Gravel Pits, industrial uses associated with applicant’s gravel pit

mining operations at locations described herein, or other locations acquired by applicant in the future. 10.8

Total capacity of complex: 960 AF of active storage. 11.0 Fourth Claim of Storage Right: 11.1 Name of

Reservoir: Bonser Reservoir Complex (comprised of three separate cells). 11.2 Legal description of each

of 3 separate ponds the center of each is set forth as follows: (Pond 1) The NE1/4 of the SE1/4 of Section

16, Township 5 North, Range 68 West of the 6th PM at a distance of 1405’ from the South line and 359’

from the East line of said Section 16, consisting of approximately 20 acres in surface area. (Pond 2) The

NW1/4 of the SW1/4 of Section 15, Township 5 North, Range 67 West at a distance of 1712 feet from the

South line and 508 feet from the West line of said Section 19, consisting of approximately 7 acres in surface

area. (Pond 3) The SW1/4 of the SW1/4 of Section 15, Township 5 North, Range 68 West of 6th PM at a

distance of 615 feet from the South line and 30 feet from the West line of said Section 15, consisting of

approximately 12 acres in surface area. 11.3 Source: Seepage flows in Sections 16, Township 5 North,

Range 68 West of the 6th PM. 11.4 A. Date of appropriation: August 9, 2019. B. How appropriation is

initiated: filing of this application. 11.5 Amount claimed: (661 AF conditional) 11.6 List all or proposed

uses: All lawful uses to extinction including augmentation of the Coulson Gravel Pits, industrial uses

associated with applicant’s gravel pit mining operations at locations described above, or other locations

acquired by applicant in the future. 11.7 A. Date of appropriation: August 9, 2019. B. How appropriation

was initiated: Filing of this application. 11.8 Total capacity of ponds: 661 AF of active storage. 12.0 First

Claim for Underground Water Right 12.1 Name of well: Gardels Pit described in 2.1 a. above. 12.2

Source: Exposed groundwater and seepage flows tributary to Big Thompson River. 12.3 A. Date of

Appropriation : ( no later than) December 31, 2008. B. How Appropriation was initiated: by filing

application with Division of Mining Reclamation and Safety and construction thereof. C. Date Water was

applied to beneficiary use: (no later than) December 31, 2008. 12.4 Well withdraws water tributary to Big

Thompson River. A. Amount claimed: 0.027 c.f.s. (absolute) B. Amount claimed in acre feet annually

19.45AF (absolute). Applicant includes herewith affidavit supporting absolute claim. 12.5 List All uses:

All lawful uses to extinction including industrial. 13.0 Second Claim for Underground Water Right 13.1

Name of well: Brownwood Pit described in 2.1 B. above. 13.2 Source: Exposed groundwater and seepage

flows tributary to Big Thompson River. 13.3 A. Date of Appropriation: December 31, 2001 (no later than).

B. How Appropriation was initiated: by filing application with Division of Mining Reclamation and Safety

and Safety and construction thereof. C. Date Water was applied to beneficiary use: December 31, 2001 (no

later than). 13.4 Well withdraws water tributary to Big Thompson River. A. Amount claimed 0.039 c.f.s.

(absolute) B. Amount claimed in acre feet annually 28.32 AF (absolute). Applicant includes herewith

affidavit supporting absolute claim. 13.5 List All uses: All lawful uses to extinction including

industrial.14.0 Third Claim for Underground Water Right 14.1 Name of well: Kirtright Pit described

in 2.1 C. above. 14.2 Source: Exposed groundwater and seepage flows tributary to Big Thompson River.

6

14.3 A. Date of Appropriation: December 31, 2007. B. How Appropriation was initiated: by filing

application with Division of Mining Reclamation and Safety and Safety and construction thereof. C. Date

Water was applied to beneficiary use: December 31, 2007. 14.4 Well withdraws water tributary to Big

Thompson River. A. Amount claimed:0.068 c.f.s (absolute) B. Amount claimed in acre feet annually 48.96

AF (absolute). Applicant includes herewith affidavit supporting absolute claim. 14.5 List All uses: All

lawful uses to extinction including industrial. 15.0 Fourth Claim for Underground Water Right 15.1

Name of well: Challenger Pit described in 2.1 D. above. 15.2 Source: Exposed groundwater and seepage

flows tributary to Big Thompson River. 15.3 A. Date of Appropriation: December 31, 2008. B. How

Appropriation was initiated: by filing application with Division of Mining Reclamation and Safety. C. Date

Water was applied to beneficiary use: December 31, 2008 15.4 Well withdraws water tributary to Big

Thompson River. A. Amount claimed: .073 c.f.s (absolute) B. Amount claimed in acre feet annually 52.77

AF (absolute). Applicant includes herewith affidavit supporting absolute claim. 15.5 List All uses: All

lawful uses to extinction including industrial. 16.0 Fifth Claim for Underground Water Right Name of

well: Bonser Seepage 16.1 Name of wells: (a) Seepage flow #1 occurs in the NE1/4 of the SE1/4 of Section

16, Township 5 North, Range 68 West of the 6th PM at a distance of 2209 feet from the South line and 429

feet from the East line of said Section 16 (b) Seepage flow #2 occurs in the NE1/4 of the SE1/4 of Section

16, Township 5 North, Range 68 West of the 6th PM at a distance of 2103 feet from the South line and 1161

feet from the East line of said Section 16. 16.2 Source: Exposed groundwater and seepage flows tributary

to Big Thompson River. 16.3 A. Date of Appropriation: August 9, 2019. B. How Appropriation was

initiated: by filing this application. 16.4 Well withdraws water tributary to Big Thompson River. A. Amount

claimed: Seepage flow #1 1.5 c.f.s. (conditionally) and Seepage flow #2 1.5 c.f.s. (conditionally). B.

Amount claimed in acre feet annually 661 AF (conditionally). 16.5 List All uses: All lawful uses to

extinction including industrial. 17.0 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. The applicant must notify these persons that the applicant is applying for this

water right, and certify to the Court that the applicant has done so. City of Loveland, 500 E. 3rd St, Loveland,

CO 805375773 Bryan J. McMahill, 4755 E. Highway 402, Loveland, CO 80537 Loveland Ready-Mix

Concrete, Inc., P.O. Box 299, Loveland, CO 80539 McWhinney Property Group LLC, 2725 Rocky

Mountain Ave., Suite 200, Loveland, CO 80538 Richard Coulson, 1016 Oleander Drive, Loveland, CO

80538 Coulson Excavating Company Inc., 3609 N. County Road 13, Loveland, CO 80538 Steve Kirtright,

260 SE Frontage Road, Loveland, CO 805344000 Linda/Kevin Bates Obrien, 6229 Lacy Lane, Loveland,

CO 805348243 Darlene/Randy Kirtright, 260 SE Frontage Road, Johnstown, CO 805344000

Richard/Kenneth Coulson, 3609 N. County Road 13, Loveland, CO 80538 Croissant Family Farm LLC,

49316 County Road 83, Briggsdale, CO 806119319 Dustin Christensen/ Jamie McGill, 7080 County Road

54, Johnstown, CO 805349604 Lakota Lakes Ranch Homeowners Association, 7288 County Road 54,

Johnstown, CO 805349604 (9 pages + 9 Exhibits + Affidavit)

Note: Water Division 2 will publish resume

19CW3158, (Division 2 case 19CW3049), Daniel S. Abeyta, 11530 Columbine Hills Rd., Colorado

Springs, CO 80908-3802. Application for Adjudication of Denver Basin Groundwater and Plan for

Augmentation of Daniel S. Abeyta, in EL PASO COUNTY. I. Name and Address of Applicant:

Daniel S. Abeyta, 11530 Columbine Hills Rd., Colorado Springs, CO 80908-3802. Name and Address of

Attorneys: Chris D. Cummins, #35154, Emilie B. Polley, #51296. MONSON, CUMMINS & SHOHET,

LLC, 13511 Northgate Estates Dr., Ste. 250, Colorado Springs, Colorado 80921, (719) 471-1212, E-mail:

cdc@cowaterlaw.com; ebp@cowaterlaw.com. II. Summary of Application. Daniel S. Abeyta

(“Applicant”) seeks to quantify the Denver Basin groundwater underlying his approximately 4.6-acre

property in El Paso County, Colorado. III. Application for Underground Water Rights. A. Legal

Description of Wells. 1. Property Description. The Applicant’s approximately 4.6-acre property

(“Applicant’s Property”) is located at 11530 Columbine Hills Road, Colorado Springs, in El Paso County,

7

Colorado, and more specifically described as follows and depicted on the Exhibit A map: The South 664.22

feet of the West 329.10 street of the E1/2 of the SW1/4 of Section 18, Township 12 South, Range 65 West

of the 6th P.M., except the South 30 feet thereof, as granted to El Paso County for a public road by deed

recorded June 17, 1925 in Book 692 at Page 252, County of El Paso State of Colorado. 2. Existing Wells.

There is an existing well on the Property. Well with Permit No. 279087 (“Abeyta Well No. 1”) is located

approximately 341 feet from the south section line and 1744 feet from the west section line, UTM x being

524831.0 and UTM y being 4316727.0, based on CDSS data, and constructed to the not-nontributary

Dawson aquifer. Applicant intends for the well to be re-permitted for non-exempt uses upon entry of a

decree approving the plan for augmentation requested herein. A. Water Source. 1. Not-Nontributary. The

ground water to be withdrawn from the Dawson aquifer underlying the Applicant’s Property is not-

nontributary. Pursuant to C.R.S. §37-90-137(9)(c.5), the augmentation requirements for wells in the

Dawson aquifer will require the replacement of actual stream depletions. 2. Nontributary. The groundwater

that will be withdrawn from the Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the

Applicant’s Property is nontributary. B. Estimated Rates of Withdrawal and Ground Water Available. 1.

Estimated Rates of Withdrawal. Pumping from the well will not exceed 100 g.p.m. The actual pumping

rates for each well will vary according to aquifer conditions and well production capabilities. The Applicant

requests the right to withdraw ground water at rates of flow necessary to withdraw the entire decreed

amounts. The actual depth of any well to be constructed within the respective aquifers will be determined

by topography and actual aquifer conditions. 2. Estimated Average Annual Amounts of Ground Water

Available. Applicant requests a vested right for the withdrawal of all legally available ground water in the

Denver Basin aquifers underlying the Applicant’s Property. Said amounts may be withdrawn over the 100-

year aquifer life pursuant to C.R.S. §37-90-137(4). Applicant estimates that the following values and

average annual amounts are representative of the Denver Basin aquifers underlying Applicant’s Property:

Decreed amounts may vary based upon the State’s Determination of Facts. Pursuant to C.R.S. §37-92-

305(11), the Applicant further requests that the Court retain jurisdiction to finally determine the amount of

water available for appropriation and withdrawal from each aquifer. C. Requested Uses. The Applicant

requests the right to use the ground water for beneficial uses upon the Applicant’s Property consisting of

domestic, irrigation, greenhouse, stock water, recreation, wildlife, wetlands, fire protection, and also for

storage and augmentation purposes associated with such uses. The Applicant also requests that the

nontributary water may be used, reused, and successively used to extinction, both on and off the Applicant’s

Property subject, however, to the requirement of C.R.S. §37-90-137(9)(b), that no more than 98% of the

amount withdrawn annually shall be consumed. Applicant may use such water by immediate application

or by storage and subsequent application to the beneficial uses and purposes stated herein. Provided,

however, Applicant shall only be entitled to construct a well or use water from the not-nontributary Dawson

aquifer pursuant to a decreed augmentation plan entered by this Court, covering the out-of-priority stream

depletions caused by the use of such not-nontributary aquifer in accordance with C.R.S. §37-90-137(9)(c.5).

Groundwater Quantification

Acres: 4.61

SE1/4 SW1/4 Sec 18 T12S R65W 6th

P.M.

Denver

Basin Aquifer

Net

Sand Total 100

Year

(AF) (ft) (AF)

Dawson (NNT) 189.40 174.63 1.75

Denver (NNT) 360.30 282.37 2.82

Arapahoe (NT) 260.90 204.47 2.04

Laramie Fox Hills

(NT) 189.90 131.32 1.31

8

D. Well Fields. Applicant requests that they be permitted to produce the full legal entitlement from the

Denver Basin aquifers underlying Applicant’s Property through any combination of wells. Applicant

requests that these wells be treated as a well field. E. Averaging of Withdrawals. Applicant requests that

they be entitled to withdraw an amount of ground water in excess of the average annual amount decreed to

the aquifers beneath the Applicant’s Property, so long as the sum of the total withdrawals from all the wells

in the aquifers does not exceed the product of the number of years since the date of issuance of the original

well permit or the date of entry of a decree herein, whichever comes first, multiplied by the average annual

volume of water which the Applicant is entitled to withdraw from the aquifers underlying the Applicant’s

Property. F. Owner of Land Upon Which Wells are to Be Located. The land and underlying groundwater

upon which the wells are and will be located is owned by the Applicant. IV. Application for Approval of

Plan for Augmentation. A. Structures to be Augmented. The structure to be augmented is the Abeyta Well

No. 1 as is currently constructed to the not-nontributary Dawson aquifer underlying the Applicant’s

Property, and as will be re-permitted pursuant to this plan for augmentation, as requested and described

herein along with any replacement or additional wells associated therewith. B. Water Rights to be Used for

Augmentation. The water rights to be used for augmentation during pumping are the return flows resulting

from the pumping of the not-nontributary Dawson aquifer from Abeyta Well No. 1, together with water

rights from the nontributary Laramie-Fox Hills aquifer for any injurious post pumping depletions. C.

Statement of Plan for Augmentation. Applicant wishes to provide for the augmentation of stream depletions

caused by pumping of the not-nontributary Dawson aquifer by one well proposed herein. Water use criteria

and their consumptive use component for replacement of actual depletions for the lots are estimated as

follows: 1. Use. Abeyta Well No. 1 will pump a maximum total of 1.7 acre feet of water from the Dawson

aquifer annually. Such use shall be a combination of household use, irrigation of lawn and garden, and the

watering of horses or equivalent livestock. An example breakdown of this combination of use is household

use at 0.25 acre feet, plus outdoor use including the watering of up to 8 horses and 16 chickens or equivalent

livestock with a water use of 0.30 acre feet per year (10 gallons/day/head or 0.011 annual acre feet per

head); and irrigation of greenhouse, lawn, and garden of 1.15 acre feet per year (0.05 annual acre feet per

1000 sq. ft.). 2. Depletions. It is estimated that maximum stream depletions over the 100 year pumping

period for the Dawson aquifer amounts to approximately 10.4% percent of pumping. Maximum annual

depletions for total residential pumping from all wells are therefore 0.177 acre feet, in year 100. Should

Applicant’s pumping be less than the 1.7 acre feet described herein, resulting depletions will be

correspondingly reduced. 3. Augmentation of Depletions During Pumping. Pursuant to C.R.S. §37-90-

137(9)(c.5), Applicant is required to replace actual stream depletions attributable to pumping of augmented

wells to the Dawson aquifer. Depletions during pumping will be effectively replaced by residential return

flows from non-evaporative septic systems, and depletions from irrigation will be adequately replaced by

irrigation return flows. The annual consumptive use for non-evaporative septic systems is 10% per year

per residence. At a household use rate of 0.25 acre feet per residence per year, 0.225 acre-feet is replaced

to the stream system per year, assuming the use of a non-evaporative septic systems. Thus, during pumping,

stream depletions will be adequately augmented. 4. Augmentation for Post Pumping Depletions. For the

replacement of any injurious post-pumping depletions which may be associated with the use of the Abeyta

Well No. 1, Applicant will reserve water from the nontributary Laramie-Fox Hills aquifer, less the amount

of actual stream depletions replaced during the plan pumping period. Applicants also reserve the right to

substitute other legally available augmentation sources for such post pumping depletions upon further

approval of the Court under its retained jurisdiction. Even though this reservation is made, under the

Court’s retained jurisdiction, Applicants reserve the right in the future to prove that post pumping depletions

will be noninjurious. The reserved nontributary Laramie-Fox Hills groundwater will be used to replace any

injurious post-pumping depletions. Upon entry of a decree in this case, the Applicants will be entitled to

apply for and receive a new well permit for the Abeyta Well No. 1, for the uses in accordance with this

Application and otherwise in compliance with C.R.S. §37-90-137. V. Remarks. A. This Application was

filed in both Water Divisions 1 and 2 because depletions from the pumping of the Dawson aquifer may

occur in both the South Platte and the Arkansas River systems. The return flows set forth herein will accrue

to tributaries of the Arkansas River system where the majority of such depletions will occur, and it is

9

Applicant’s intent to consolidate the instant matter with pending Division 2 application in Water Division

2 upon completion of publication. Applicant requests that the total amount of depletions to both the South

Platte River and the Arkansas River systems be replaced to the Arkansas River as set forth herein, and for

a finding that those replacements are sufficient. B. Applicant requests a finding that they have complied

with C.R.S. §37-90-137(4), and that the ground water requested herein is legally available for withdrawal

by the requested not-nontributary wells upon the entry of a decree approving an augmentation plan pursuant

to C.R.S. §37-90-137(9)(c.5). C. The term of this augmentation plan is for 100 years, however the length

of the plan for a particular well may be extended beyond such time provided the total plan pumping

allocated thereto is not exceeded. Post pumping stream depletions accrue to a particular well or wells only

to the extent related to that well’s actual pumping. D. The Court will retain jurisdiction over this matter to

provide for the adjustment of the annual amount of ground water withdrawals to be allowed in order to

conform to actual local aquifer characteristics from adequate information obtained from well drilling or test

holes. E. The Applicant requests a finding that vested water rights of others will not be materially injured

by the withdrawals of ground water and the proposed plan for augmentation. F. The wells shall be installed

and metered as reasonably required by the State Engineer. Each well must be equipped with a totalizing

flow meter and Applicant shall submit diversion records to the Division Engineer on an annual basis or as

otherwise requested by the Division Engineer. The Applicant shall also provide accountings to the Division

Engineer and Water Commissioner as required by them to demonstrate compliance under this plan of

augmentation. G. The Applicant intends to waive the 600 feet well spacing requirement for any wells to be

located upon the Applicant’s Property. H. Applicant will comply with any lienholder notice provisions set

forth in C.R.S. §37-92-302(2)(b) and §37-90-137(4)(b.5)(I), and such notice will be sent within 14 days of

the filing of this application.

19CW3159 TSM FARMS, LLC, c/o Terry Miller, Manager, 25490 WCR 58, Greeley, Colorado

80631, and NORTH STERLING IRRIGATION DISTRICT, c/o James T. Yahn, Manager, P.O. Box

103, Sterling, Colorado 80751. Please send all pleadings and correspondence to Paul F. Holleman and

Bradley N. Kershaw, Buchanan Sperling & Holleman PC, 1525 Spruce Street, Suite 200, Boulder, Colorado

80302. APPLICATION FOR UNDERGROUND WATER RIGHT FOR EXISTING WELL AND TO

ADD NEW USES OF WELL TO PLAN FOR AUGMENTATION, in LOGAN AND MORGAN

COUNTIES. 2. Purpose of Application: Applicant, TSM Farms, LLC ("TSM Farms") is the owner of

Well No. 4 - Unregistered ("TSM Well No. 4"), which is an existing well decreed for irrigation use and

which is included in the plan for augmentation decreed to applicant, North Sterling Irrigation District

("North Sterling"), in Case No. 96CW1034, on July 21, 2006 ("North Sterling Augmentation Plan" or

"96CW1034 Decree"). The purpose of this application is to add commercial and stock watering uses to the

well so it can be used in the TSM Farms feedlot described in paragraph 10 below. The new commercial

and stock watering uses will be included in the North Sterling Augmentation Plan for purposes of

replacement of out-of-priority depletions from the TSM Well No. 4 associated with the new uses. The

irrigation use of the well will continue and out-of-priority depletions from that use will continue to be

covered by the North Sterling Augmentation Plan. Underground Water Right for Existing Well: 3.

Name of Well: TSM Well No. 4; WDID No. 64-06110. 4. Prior Decrees: TSM Well No. 4 was originally

decreed as "Well No. 4 - Unregistered" in Case No. W-762, entered on October 31, 1972. By decree in

Case No. 11CW75, entered on May 3, 2012, irrigation use of the well was included in the North Sterling

Augmentation Plan. Both decrees are by the District Court in and for Water Division No. 1. 5. Legal

description of point of diversion: TSM Well No. 4 is located at a point 20 feet south and 2720 feet East of

the Northwest corner of Section 11, Township 9 North, Range 52 West of the 6th P.M., Logan County,

Colorado. 6. Source: Groundwater tributary to the South Platte River. 7. Date of appropriation: August

23, 2019. 8. How appropriation was initiated: By application of water to beneficial use for commercial and

stock watering uses and by filing the application in this case. 9. Amount: 1.67 cfs (750 gpm). 10. Proposed

use: Commercial and stock watering uses in a feedlot located in the West half of Section 12 and the East

half of Section 11, Township 9 North, Range 52 West of the 6th P.M., Logan County, Colorado. 11. Names

and addresses of owners or reputed owners of the land upon which any new diversion structure or storage

10

structure, or modification to an existing diversion or storage structure is or will be constructed or upon

which water is or will be stored, including any modification to the existing storage pool: The well and the

feedlot where the water will be used for the new uses are on land owned by TSM Farms. Inclusion of New

Uses of Well in North Sterling Augmentation Plan: 12. Uses for TSM Well No. 4 to be added to the

North Sterling Augmentation Plan: The commercial and stock watering uses of TSM Well No. 4, described

in paragraphs 3 through 10 above. 13. Water rights to be used for augmentation pursuant to the North

Sterling Augmentation Plan: The water rights identified in paragraph 58 of the 96CW1034 Decree, which

include the following: A. The North Sterling Recharge Water Right and the North Sterling Recharge Water

Right, First Enlargement, described in paragraphs 17-34 of the 96CW1034 Decree. B. The Changed

Amount of the North Sterling Reservoir Water Right described at paragraphs 35-55 of the 96CW1034

Decree, being 15,000 acre-feet of the North Sterling Reservoir Water Right measured at the North Sterling

Inlet Ditch Headgate Flume. C. Additional sources of replacement water that may be authorized for use in

the North Sterling Augmentation Plan subject to the terms and conditions of paragraph 61.d.v.B of the

96CW1034 Decree. 14. Proposed terms and conditions: A. Out-of-priority depletions to the South Platte

River attributable to commercial and stock watering uses of TSM Well No. 4 will be replaced pursuant to

the terms of the 96CW1034 Decree. The terms and conditions for replacement of depletions from

commercial and stock watering uses of TSM Well No. 4 will be the same as those applied to the other

commercial and stock watering wells in the North Sterling Augmentation Plan. B. The effects on the South

Platte River resulting from the consumptive use of water occurring from the pumping of TSM Well No. 4

for commercial and stock watering uses will be calculated in accordance with the methodology set forth in

the 96CW1034 Decree for other commercial and stock watering uses including, but not limited to use of a

consumptive use factor of 100% for calculating depletions from commercial and stock watering uses of the

TSM Well No. 4. The proposed aquifer parameters for TSM Well No. 4 are as follows and are the same as

those determined for this well in the 11CW75 Decree, as set forth in paragraph 9.B. of that decree: (1)

Distance from river (feet) "X": 3460; (2) Width of alluvium (feet) "W": 6310; (3) Transmissivity (gpd/ft)

"T": 31400; (4) Specific yield of aquifer "S": 20%. C. Depletions attributable to commercial and stock

watering uses of TSM Well No. 4 will affect the South Platte River in that reach beginning at the Iliff and

Platte Valley Ditch headgate downstream to the Harmony No. 1 Ditch headgate, described in paragraph 60

of the 96CW1034 Decree as "Impact Reach No. 4." D. On-going out-of-priority depletions attributable to

prior pumping of TSM Well No. 4 for commercial and stock watering uses will be replaced under the North

Sterling Augmentation Plan. WHEREFORE, Applicants request the Court to enter a decree adding the

commercial and stock watering uses of water to TSM Well No. 4 and adding those uses as uses to be

augmented under the North Sterling Augmentation Plan pursuant to the terms and conditions in that plan

and the additional terms and conditions described above. (6 pages).

19CW3160 (09CW106) Eldora Enterprises LLC, c/o Brent Tregaskis, General Manager, 2861 Eldora

Ski Road, Nederland, Colorado 80466, Phone: 303-416-8670. Attorneys for Applicant: Richard A.

Johnson, David F. Bower, Michael S. Davidson, Johnson & Repucci LLP, 850 W. South Boulder Road,

Suite 100, Louisville, Colorado 80027, Phone: 303-442-1900. Application to Make Conditional Water

Right Absolute in Part and for Finding of Reasonable Diligence in BOULDER and GILPIN COUNTIES.

Overview. Eldora operates Eldora Mountain Resort on its fee property and adjacent Forest Service

property, which is located primarily in the Middle Boulder Creek basin and partially in the South Boulder

Creek basin west of the Town of Nederland in southern Boulder County (the “Resort”). Certain water

rights and ski facilities of the Resort are located in Gilpin County. A general location map of the Resort

and water facilities is attached as Exhibit A. Peterson Lake is a 221 acre-foot natural on-channel lake that

is also decreed to store 38 acre-feet of water above the natural lake level. In Case No. 09CW106, Eldora

was decreed a 259 acre-feet fully reusable water storage right for Peterson Lake, with 32.4 acre-feet

recognized as absolute and the remaining 226.6 acre-feet as conditional. By this application, Eldora seeks

to (i) make an additional 86.5 acre-feet of the subject right absolute, and (ii) continue the outstanding 140.1

acre-feet conditional right. A copy of the letter provided by Eldora’s water rights engineer, Bishop-Brogden

Associates, Inc., demonstrating that Eldora stored water in-priority in the amount claimed is attached as

11

Exhibit B. Description of Conditional Water Storage Right. Name of Structure. Peterson Lake. Original

Decree. The decree for the Peterson Lake fully reusable water storage right was entered on August 18,

2013, in Case No. 09CW106, Water Division 1. Legal Description of Reservoir. The Peterson Lake dam

centerline is located 65 feet north of the south section line and 1,354 feet east of the west section line of

Section 21, Township 1 South, Range 73 West of the 6th P.M. Decreed Amount. 32.4 acre-feet, absolute,

and 226.6 acre-feet, conditional, with the right to fill and refill. Source. Peterson Creek, and local inflows,

seepage and springs tributary to Peterson Creek, tributary to Middle Boulder Creek, tributary to Boulder

Creek, tributary to St. Vrain Creek, tributary to the South Platte River. Decreed Uses. The stored water is

used, recaptured, and reused to extinction for in-house potable and commercial uses, snowmaking,

domestic, irrigation, stock watering, wildlife, piscatorial, industrial, recreation, augmentation, replacement,

and exchange. Date of Appropriation. June 2, 2009. Claim to Make Absolute. During the spring of 2015,

118.9 acre-feet of water was stored under the Peterson Lake fully reusable water storage right. Therefore,

an additional 86.5 acre-feet of the subject right should be made absolute. Lesser amounts were also stored

under the Peterson Lake fully reusable water storage right during the subject diligence period. An

engineering letter demonstrating that Eldora filled Peterson Lake under the fully reusable water storage

right in-priority for the amount claimed is attached as Exhibit B. Claim for a Finding of Reasonable

Diligence. Eldora requests a finding of reasonable diligence for the portion of the Peterson Lake fully

reusable water storage right not made absolute in this matter. The following activities were undertaken

during the diligence period toward completion and application of the entire subject Peterson Lake fully

reusable water storage to its decreed beneficial uses. Maintenance and Operation of Peterson Lake. During

the subject diligence period, Eldora has continued to maintain and operate Peterson Lake in order to store

the subject water right, as well as other water rights decreed to be stored in Peterson Lake. As part of this

work, Eldora’s water resources engineers, Bishop-Brogden Associates, Inc. (“BBA”), have continued to

optimize storage operations in Peterson Lake. In addition, Eldora has rented and maintained pumping

equipment, and has maintained and replaced measurement and recording equipment, in order to divert and

account for inflows, outflows, and storage in the reservoir. General Engineering Costs. Since August 2013,

Eldora incurred significant expenses for general water resources consulting and engineering services. As

part of this work, BBA: (i) accounted for and coordinated the operation of Eldora’s plan for augmentation

and return flow recapture plan approved in Case Nos. 02CW400 and 08CW305, as well as the diversion

and storage of Eldora’s other water rights including the subject fully reusable storage right decreed in Case

No. 09CW106; (ii) prepared and submitted Eldora’s accounting required under Case Nos. 02CW400,

08CW305, and 09CW106 to the State Engineer’s Office; (iii) actively assisted Eldora in its acquisition of

new water rights for use at the Resort, including providing expert witness services in conjunction with

numerous cases in the Division 1 Water Court; and (iv) produced engineering reports to assist Eldora in its

long-term water rights planning. Resort Improvements and Capital Investments. Eldora has been working

with the United States Forest Service to expand the skiable terrain and to perform other improvements at

the Resort. After many years of work, on April 25, 2019, Eldora received approval to increase the amount

of snowmaking terrain in the South Boulder Creek basin. In addition, Eldora continues to expend

significant sums in supporting and improving the guest experience. In late 2017, Eldora launched the new

Alpenglow lift, a high speed six pack lift which replaced two older fixed-grip lifts on the front side of the

main mountain. Eldora is also set to acquire a new Zaugg terrain-shaping machine, which will continue to

benefit snowmaking operations. Protection of Eldora’s Existing Water Rights. To protect its existing water

rights, Eldora actively participated in water rights cases filed by other parties during the subject diligence

period. In participating in these cases, Eldora incurred significant legal and engineering expenses. Name

and Address of Landowner Upon which any New or Modified Diversion or Storage Structure is Located,

Including Any Modification to the Storage Pool. No new or modified structures are required by this

application. 8 pages.

19CW3161, Marion Stewart, P.O. Box 1140, Elizabeth, CO 80107 (James J. Petrock, Petrock Fendel

Poznanovic, P.C., 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND

WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR

12

APPROVAL OF PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY LOWER DAWSON,

DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER

DAWSON AQUIFERS, ELBERT COUNTY. 35 acres located in the S1/2NW1/4 of Section 25, T8S,

R65W of the 6th P.M., Elbert County, as described and shown on Attachment A hereto ("Subject

Property"). Source of Water Rights: The Upper Dawson aquifer is not nontributary as described in Sections

37-90-103(10.7), C.R.S., and the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers are

nontributary as described in Section 37-90-103(10.5), C.R.S. Estimated Amounts: Upper Dawson: 11 acre-

feet, Lower Dawson: 8 acre-feet, Denver: 11 acre-feet, Arapahoe: 12 acre-feet, Laramie-Fox Hills: 12 acre-

feet. Proposed Use: Domestic, commercial, irrigation, livestock watering, fire protection, and augmentation

purposes, including storage, both on and off the Subject Property. Groundwater to be augmented: 2.25 acre-

feet per year for 300 years of Upper Dawson aquifer groundwater as requested herein. Water rights for

augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct

discharge of nontributary ground water. Statement of plan for augmentation: The Upper Dawson aquifer

water will be used through individual wells to serve up to 3 residential lots at rates of flow not to exceed 15

gpm. Each well will withdraw 0.75 acre-feet annually for inhouse use (0.4 acre-feet), irrigation of 5000

square-feet of lawn, garden, and trees (0.3 acre-feet), stockwatering of up to 4 large domestic animals (0.05

acre-feet). Applicant reserves the right to amend these amounts and values without amending the

application or republishing the same. Sewage treatment for in house use will be provided by non-

evaporative septic systems and return flow from in house and irrigation use will be approximately 90% and

15% of that use, respectively. During pumping Applicant will replace actual depletions to the affected

stream system pursuant to Section 37-90-137(9)(c.5), C.R.S. Depletions occur to the Running Creek stream

system. Return flows accrue to the South Platte River via Running Creek 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 groundwater underlying the Subject Property to meet post pumping

augmentation requirements. Further, Applicant prays that this Court grant the application and for such other

relief as seems proper in the premises.(6 pages).

19CW3162 (2006CW278) Genesee Water & Sanitation District (“Genesee”) Scott Jones, Manager,

2310 Bitterroot Lane, Golden, Colorado 80401 (c/o Richard J. Mehren, John Peckler, Moses,

Wittemyer, Harrison and Woodruff, P.C., 2595 Canyon Blvd., Suite 300, Boulder, Colorado 80302)

APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN JEFFERSON COUNTY 2. Name

of structure: Genesee Augmentation Reservoir No. 2. 3. Description of conditional water right: 3.1 Original

decree: August 2, 2013, Case No. 06CW278, District Court, Water Division No. 1. 3.2 Subsequent decrees

granting findings of reasonable diligence: N/A. 3.3 Legal description: The dam is located in the SE1/4 of

Section 25, T4S, R71W of the 6th P.M. The dam impounds the stream channel in the SE1/4 SE1/4 of

Section 25, T4S, R71W of the 6th P.M. approximately 639 feet north of the South section line and 230 feet

west of the East section line of said Section 25 (UTM coordinates: 476258.1 easting, 4391023.5 northing,

NAD 83, Z13). A map depicting the location of Genesee Augmentation Reservoir No. 2 is attached as

Exhibit A. 3.4 Source: Unnamed gulch, tributary to Cold Springs Gulch, tributary to Bear Creek, tributary

to the South Platte River. 3.5 Appropriation date: April 26, 2005. 3.6 Amount: 101 acre-feet,

CONDITIONAL with a right to fill when in priority so long as no more than 101 acre-feet is diverted and

stored under the Subject Water Right in any single water year, including the right to fill continuously and

intermittently when water is physically and legally available and as reservoir space permits. 3.7 Use:

Recreation, irrigation, domestic and all municipal purposes including, without limitation, fire protection,

irrigation, commercial and industrial use, recreation purposes, fish and wildlife propagation, stock watering,

reservoir evaporation replacement, exchange, replacement and augmentation purposes. No reuse shall be

allowed. 4. Outline of work and expenditures during the diligence period toward completion of the

appropriation and application of water to beneficial use: The conditional water right for Genesee

Augmentation Reservoir No. 2 described in paragraph 3 above is referred to in this application as the

“Subject Water Right.” The Genesee Augmentation Reservoir No. 2 is a fully constructed and operational

water storage reservoir. The Subject Water Right is part of Genesee’s extensive integrated system for

13

treating and delivering drinking water to residents of a large residential and business development in

Jefferson County, Colorado. “When a project or integrated system is comprised of several features, work

on one feature of the project or system shall be considered in finding that reasonable diligence has been

shown in the development of the water rights for all features of the entire project or system.” C.R.S. § 37-

92-301(4)(b). The diligence period for the Subject Water Right is August 2013 through August 2019

(“Diligence Period”). During the Diligence Period, Genesee worked to develop the Subject Water Right,

complete the appropriation, and place the water to beneficial use, as demonstrated by the following

representative but non-exhaustive list of activities and expenditures: 4.1 Between August 2, 2013 and

December of 2014, Genesee spent $490,000 upgrading its existing water treatment facility by, among other

things, replacing the control console and filter media and installing ultra-violet disinfection equipment and

a new telemetry system. These upgrades were necessary in order for Genesee to continue to operate and

meet water quality parameters until Genesee’s new advanced water treatment facility could be completed.

Between July of 2014 and March of 2018, Genesee spent approximately $11,009,000 on the engineering

and construction of its new advanced water treatment facility with finished water pumping capabilities.

Once Genesee’s new advanced water treatment facility went online, the existing water treatment facility

was decommissioned. Genesee also expended $410,455 relocating and replacing four pressure reducing

stations within its water delivery system. Genesee replaced the two pumps, motors, drives, and controls

for two pumping stations at a cost of $1,076,978; and is in the process of installing a third pump, motor,

drive, and control at each pumping station for a cost to date of $57,742. On the customer end, Genesee

upgraded more than 1,300 customer water meters with radio-read meters and software to improve water

accounting for a total cost of $450,000. Further, Genesee spent $1,450,000 to construct a new

administration and shop complex adjacent to the new advanced water treatment facility. In total, Genesee

spent approximately $14,944,175 on capital expenditures to replace or improve its integrated water supply

system. 4.2 Genesee incurred $7,344,571 in expenses for the operation, maintenance, and repair of its

drinking water and wastewater collection, treatment, and delivery systems. 4.3 Genesee spent

approximately $125,009 on legal and engineering fees to protect, develop, and manage its water rights

portfolio that includes the Subject Water Right. Such expenses include: (i) filing and prosecuting

statements of opposition in Water Court to protect Genesee’s water rights, including the Subject Water

Right; (ii) preparing and prosecuting Water Court applications to maintain Genesee’s water rights; (iii)

developing and maintaining accounting records for its water rights portfolio, including the Subject Water

Right; and (iv) engineering support for all of the above. 5. Names and addresses of owner(s) of the land

upon which any new diversion or storage structure, or modification to any existing diversion or storage

structure is or will be constructed or upon which water is or will be stored: Genesee is the owner of the

land where the Genesee Augmentation Reservoir No. 2 is located and where the Subject Water Right will

be stored. 6. Additional remarks: Genesee has other water rights that can be stored in Genesee

Augmentation Reservoir No. 2. Those other water rights are not the subject of this application and

therefore, this application has no effect on Genesee’s right to use water rights not specifically identified in

this application. WHEREFORE, Genesee respectfully requests that the Court enter a decree finding that

Genesee has exercised reasonable diligence toward completing the appropriation of the Subject Water Right

and placing the water to beneficial use; and continuing the Subject Water Right in full force and effect for

an additional diligence period. (6 pages including exhibit)

19CW3163, Stanley and Valerie Koziel, 11478 Hilltop Road, Parker, CO 80134 (James J. Petrock,

Petrock Fendel Poznanovic, P.C., 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR

UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY

SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY

LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT

NONTRIBUTARY UPPER DAWSON AQUIFERS, DOUGLAS COUNTY. 35 acres located in the

S1/2S1/2 of Section 16, T7S, R65W of the 6th P.M., Douglas County, as described and shown on

Attachment A hereto ("Subject Property"). Source of Water Rights: The Upper Dawson aquifer is not

nontributary as described in Sections 37-90-103(10.7), C.R.S., and the Lower Dawson, Denver, Arapahoe

14

and Laramie-Fox Hills aquifers are nontributary as described in Section 37-90-103(10.5), C.R.S. Estimated

Amounts: Upper Dawson: 12 acre-feet, Lower Dawson: 4 acre-feet, Denver: 13 acre-feet, Arapahoe: 14

acre-feet, Laramie-Fox Hills: 9 acre-feet. Proposed Use: Domestic, commercial, irrigation, livestock

watering, fire protection, and augmentation purposes, including storage, both on and off the Subject

Property. Groundwater to be augmented: 4 acre-feet per year of Upper Dawson aquifer groundwater as

requested herein. Water rights for augmentation: Return flows from the use of not nontributary and

nontributary groundwater and direct discharge of nontributary ground water. Statement of plan for

augmentation: The Upper Dawson aquifer groundwater will be used on the Subject Property for in-house

use in two residences, irrigation, including in greenhouses, stockwatering and fire protection, through a new

or existing well (Permit No. 143179-A). Applicants reserve the right to amend the values without amending

the application or republishing the same. Sewage treatment for in-house use will be provided by a non-

evaporative septic system and return flow from in-house use and irrigation use will be approximately 90%

and 15% of that use, respectively. During pumping Applicants will replace actual depletions to the affected

stream system pursuant to Section 37-90-137(9)(c.5), C.R.S. Depletions occur to the Cherry Creek stream

system. Return flows accrue to the South Platte River via Cherry Creek 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 groundwater underlying the Subject Property to meet post pumping

augmentation requirements. Further, Applicants pray that this Court grant the application and for such other

relief as seems proper in the premises.(6 pages).

19CW3164 THE CITY OF GREELEY, ACTING BY AND THROUGH ITS WATER AND SEWER

BOARD, c/o Jennifer Petrzelka, Water Resources Operations Manager, 1001 11th Avenue, Second

Floor, Greeley, Colorado 80631. Attorneys: Carolyn F. Burr, James M. Noble, Jens Jenson, Welborn

Sullivan Meck & Tooley, P.C., 1125 17th Street, Suite 2200, Denver, Colorado, 80202, and Daniel J. Biwer,

Greeley City Attorney’s Office, 1100 10th Street, Suite 401, Greeley, Colorado 80631. APPLICATION

FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE IN PART IN WELD

COUNTY. 2. General Description of the Application. This application concerns the conditional

groundwater rights (“Conditional Groundwater Rights”), conditional surface water storage rights

(“Conditional Storage Rights”), and conditional appropriative rights of exchange (“Conditional

Exchanges”) decreed and more particularly described in Case Number 2011CW60, District Court, Water

Division No. 1. The Conditional Groundwater Rights, Conditional Storage Rights, and Conditional

Exchanges were decreed to operate in conjunction with the plan for augmentation also decreed in Case

Number 2011CW60 for irrigation and other related uses at the Linn Grove Cemetery in Greeley, Colorado.

All legal descriptions in this application are from the 6th P.M. in Weld County. Conditional Groundwater

Rights. 3. Names of the Conditional Groundwater Rights Structures and Permit Numbers. a. Linn Grove

Well A. Permit Number 75297-F. b. Linn Grove Well B. Permit No. 75724-F. c. Linn Grove Well C.

Greeley has not yet filed a permit application for this well. d. Linn Grove Well D. Greeley has not yet filed

a permit application for this well. 4. Description of the Conditional Groundwater Rights. a. Date of Original

Decree. Findings of Fact, Conclusions of Law, Judgment, and Decree of the Water Court, Case No.

2011CW60, District Court, Water Division No. 1, entered on August 17, 2013. b. Legal Descriptions. The

Conditional Groundwater Rights involve the following structures, the general locations of which are shown

on the map attached hereto as Exhibit A. i. Linn Grove Well A: The actual location of Linn Grove Well A

is in the Northeast Quarter of the Southwest Quarter, Section 10, Township 5 North, Range 65 West, at a

location 1,893 feet from the south section line and 1,285 feet from the west section line. ii. The Linn Grove

Well B: The actual location of Linn Grove Well B is in the Northeast Quarter of the Southeast Quarter,

Section 9, Township 5 North, Range 65 West, at a location 1,400 feet from the south section line and 570

feet from the East section line. iii. Linn Grove Well C: The proposed location of Linn Grove Well C is in

the Northeast Quarter of the Southwest Quarter of Section 10, Township 5 North, Range 65 West. iv. Linn

Grove Well D: The proposed location of Linn Grove Well D is in the Northeast Quarter of the Southwest

Quarter of Section 10, Township 5 North, Range 65 West. c. Source of Water. The source of water for the

15

wells in this application is tributary groundwater from the alluvium of the Cache la Poudre River. d. Depths.

i. Linn Grove Well A is approximately 82 feet in depth. ii. Linn Grove Well B is approximately 43 feet in

depth. iii. Linn Grove Well C is a proposed well with an unknown depth. iv. Linn Grove Well D is a

proposed well with an unknown depth. e. Dates of Appropriation and Amounts. i. Linn Grove Well A; April

6, 2011, 450 g.p.m., conditional. ii. Linn Grove Well B; April 6, 2011, 450 g.p.m., conditional. iii. Linn

Grove Well C; March 22, 2010, 500 g.p.m., conditional. iv. Linn Grove Well D; March 22, 2010, 500

g.p.m., conditional. v. The cumulative volume of water pumped under the water rights decreed to Linn

Grove Wells A, B, C, and D is limited to 366 acre-feet per year. f. Uses. The water may be used directly

and by storage in Linn Grove Ponds Nos. 1 and 2 for irrigation, replacement of seepage and evaporative

losses from the ponds, and aesthetic purposes at Linn Grove Cemetery. The total number of acres irrigated

by the wells is approximately 54.2 acres at the Cemetery, which is located in Sections 9 and 10, Township

5 North, Range 65 West. The location of the irrigated area at Linn Grove Cemetery is also depicted on the

map attached hereto as Exhibit A. Conditional Storage Rights. 5. Names of Structures. a. Linn Grove

Pond No. 1. b. Linn Grove Pond No. 2. 6. Description of Conditional Storage Rights. a. Original Decree.

Findings of Fact, Conclusions of Law, Judgment, and Decree of the Water Court, Case No. 2011CW60,

District Court, Water Division No. 1, entered on August 17, 2013. b. Legal Descriptions. i. Linn Grove

Pond No. 1 is in the Northwest Quarter of the Southwest Quarter of Section 10, Township 5 North, Range

65 West, the center point of which is located approximately 2,545 feet from the south section line and

approximately 608 feet from the west section line of Section 10. ii. Linn Grove Pond No. 2 is in the

Northeast Quarter of the Southeast Quarter of Section 9, and the Northwest Quarter of the Southwest

Quarter of Section 10, Township 5 North, Range 65 West, the center point of which is located

approximately 2,522 feet from the south section line and approximately 83 feet from the east section line

of Section 9. c. Source of Water. The source of water is surface water inflows from irrigation at the Linn

Grove Cemetery, and precipitation and stormwater runoff collected in the ponds that is tributary to the

Cache la Poudre River, a tributary of the South Platte River. The Ponds are constructed above the

groundwater table, and do not intercept groundwater. d. Dates of Appropriation and Amounts. i. Linn Grove

Pond No. 1; July 31, 2002, 0.50 acre-feet with the right to refill, conditional. ii. Linn Grove Pond No. 2;

December 31, 1982, 4.00 acre-feet with the right to refill, conditional. e. Surface Area at High Water Line.

i. Linn Grove Pond No. 1; 0.08 acres. ii. Linn Grove Pond No. 2; 0.67 acres. f. Total Capacity of Reservoirs.

i. Linn Grove Pond No. 1; 0.50 acre-feet. ii. Linn Grove Pond No. 2; 4.00 acre-feet. g. Uses. Irrigation The

water collected in Linn Grove Ponds Nos. 1 and 2 may be used for irrigation, replacement of seepage and

evaporative losses, and aesthetic purposes at the Linn Grove Cemetery, with the right to fill and re-fill the

ponds repeatedly. The total number of acres irrigated by the ponds is approximately 54.2 acres at the

Cemetery, which is located in Sections 9 and 10, Township 5 North, Range 65 West. Conditional

Exchanges. 7. Description of the Conditional Exchanges. a. Original Decree. Findings of Fact, Conclusions

of Law, Judgment, and Decree of the Water Court, Case No. 2011CW60, District Court, Water Division

No. 1, entered on August 17, 2013. b. Legal Location of the Conditional Exchanges. i. Exchange To Point.

The upstream point to which replacement water may be exchanged (“Exchange To Point”) is the point of

depletion for the wells included in the plan for augmentation decreed in Case No. 2011CW60, which point

is approximately one mile downstream of the Ogilvy Ditch headgate, in Section 10, Township 5 North,

Range 65 West. ii. Exchange From Points. The downstream points from which replacement water may be

discharged (“Exchange From Points”) are described below. a) Lonetree (Swift) Industrial Wastewater

Treatment Outfall; located on Lone Tree Creek approximately one mile upstream of the confluence of that

creek and the South Platte River in Section 31, Township 6 North, Range 64 West. b) 16th Street Release

Structure; located in the NW1/4 of the SE1/4 of Section 10, Township 5 North, Range 65 West, at a point

approximately 1,950 feet west of the east section line and 2,600 feet south of the north section line of said

Section 10, and which discharges into the Cache la Poudre River in the NE1/4 of the NE1/4 of Section 10

at a point approximately 50 feet west of the east section line and 1,100 feet south of the north section line

of said Section 10. c) Lawn Irrigation Return Flow Sector 9 accruing to the Cache la Poudre River as

designated in the decree entered by the District Court for Water Division No. 1 on February 6, 1990 in Case

No. 87CW329 as follows: Return Flow Sector 9: Cache la Poudre River downstream of the headgate of the

16

Boyd and Freeman Ditch headgate, the decreed location of which is on the South side of the Cache la

Poudre River on Section Thirty-Four (34), Township Six (6) North, Range Sixty-Six (66) West, to a point

at the confluence of the Cache la Poudre River and the South Platte River, located in the Southwest Quarter

of the Southwest Quarter of Section 6, Township 5 North, Range 64 West. d) Confluence of the Cache la

Poudre and South Platte Rivers. Water will be released from the Lower Equalizer Reservoir Nos. 1 and 2

pursuant to the water rights claimed by Greeley in Case No. 2005CW326, from the Milliken Wastewater

Treatment Plant outfall, from the Evans Hill-N-Park Wastewater Treatment Plant outfall, or from the Evans

Wastewater Treatment Plant Outfall, and delivered down the Big Thompson and/or South Platte Rivers to

said confluence. In addition, lawn irrigation return flows will accrue to the Big Thompson River and be

delivered down the Big Thompson and South Platte Rivers to said confluence. The above-described

reservoirs, treatment plants, and lawn irrigation return flow sectors are proposed to be located or are located

as follows: 1) Lower Equalizer Reservoir 1: an on-channel reservoir to be located on an unnamed tributary

of the Big Thompson River in the NE1/4 of Section 31, Township 5 North, Range 66 West, 6th P.M. 2)

Lower Equalizer Reservoir 2: a reservoir to be located on an unnamed drainage, tributary to the Big

Thompson River in the NW1/4 of Section 36, Township 5 North, Range 67 West, 6th P.M. 3) Milliken

Wastewater Treatment Plant outfall: located on the Big Thompson River in Section 1, Township 4 North,

Range 67 West, 6th P.M. 4) Evans Hill-N-Park Wastewater Treatment Plant outfall: located on the South

Platte River in Section 36, Township 5 North, Range 66 West, 6th P.M. 5) Evans Wastewater Treatment

Plant outfall; located on the South Platte River in Section 21, Township 5 North, Range 65 West. 6) Lawn

Irrigation Return Flow Sector 7 accruing to the Big Thompson River as designated in the decree entered by

the District Court for Water Division No. 1 on February 6, 1990 in Case No. 87CW329 as follows: Return

Flow Sector 7: Big Thompson River and South Platte River downstream of the headgate of the Evans Town

Ditch, located on the North side of the Big Thompson River in the Northwest Quarter of the Northwest

Quarter (NW1/4 NW1/4) of Section Four (4), Township Four (4) North, Range Sixty-Six (66) West, to a

point at the confluence of the Cache la Poudre River and the South Platte River, located in the Southwest

Quarter of the Southwest Quarter of Section 6, Township 5 North, Range 64 West. c. Appropriation Date

and Amounts. April 6, 2011; the maximum cumulative exchange rate for all exchanges is 0.74 c.f.s.,

conditional. Finding of Diligence. 8. Integrated System. The Conditional Groundwater Rights, Conditional

Storage Rights, and Conditional Exchanges decreed in Case No. 2011CW60 were and are conceived and

planned to be operated as a component of Greeley’s municipal water supply system, which is an integrated

system comprised of several different water rights, features, and facilities. Work on one or more features

of this integrated system constitutes effort toward development of the water rights for all features of the

system. 9. Detailed outline of what has been done toward completion of the appropriation and application

of water to a beneficial use as conditionally decreed, including expenditures rounded to the nearest thousand

dollars. a. Greeley Non-Potable System. The wells and ponds described in this application constitute part

of Greeley’s non-potable water system, which also includes rights in the Greeley-Loveland canal system

and the Greeley Canal No. 3. Greeley utilizes its non-potable water supplies for irrigation, augmentation,

and to maintain historical return flow obligations. i. Greeley spent approximately $95,000 annually during

this diligence period on parts, maintenance, and repairs to its non-potable system. ii. Greeley spent

approximately $8,000 in October 2014 to dredge Linn Grove Pond No. 2 and work bentonite into the base

of the structure. iii. Greeley spent approximately $825 in July 2019 on well testing at the Linn Grove

Cemetery. b. Greeley’s Water Pollution Control Facility (“WPCF” or “Greeley WPCF”). The following

activities and structure improvements facilitate Greeley’s ability to treat, deliver, and use water rights

changed for municipal purposes, which results in the release of fully consumable effluent from the Greeley

WPCF that may be exchanged and used for augmentation. i. During this diligence period, Greeley

completed a project to study, design and construct centrate treatment and nutrient removal processes at the

WPCF. The project resulted in the installation of a dewatering centrifuge and sludge cake pump, and cost

approximately $6,620,000. ii. Greeley added a second dewatering centrifuge at the WPCF during 2013 and

2014, to serve as the primary unit to an aging centrifuge that was installed in 1994. The approximate cost

of this project was $1,969,000. iii. In 2014, Greeley replaced two primary digester covers and installed

mixing systems for the primary digesters, a broiler heating system for the WPCF and sludge thickening

17

equipment. It also converted a sludge storage tank into a third primary digester. The approximate cost of

this project was $10,260,000. iv. Greeley replaced six turbo blowers at the WPCF in 2018, at an

approximate cost of $2,584,000. v. Greeley replaced existing programmable logic controllers, ancillary

equipment, communication cables and the control system for the SCADA (Supervisory Control and Data

Acquisition) system in 2018 and 2019. The approximate cost of this project was $1,883,000. vi. Greeley

spent approximately $1,973,000 during 2018 and 2019 on an ongoing effort to upgrade four aeration basins

at the WPCF that assist with biological nutrient reduction. c. Work by Greeley Staff, Outside Counsel, and

Consultants. Greeley expended significant amounts of time and money through its participation as an

objector in a number of Division 1 Water Court cases during this diligence period, to prevent injury to these

and other of its vested and decreed water rights in the Big Thompson, Cache la Poudre, and South Platte

River basins. Claims to Make Absolute. 10. Groundwater Rights. a. Greeley operated Linn Grove Well

B, at a maximum rate of 36.9 g.p.m. during September and October 2013. Greeley therefore claims 36.9

g.p.m. of the groundwater right decreed to Linn Grove Well B absolute. See Tables 1 and 2 of the summary

accounting attached hereto as Exhibit B. 11. Storage Rights. a. Greeley stored a maximum of 0.05 acre-feet

under the Linn Grove Pond No. 1 storage right in 2014 and 2015. Greeley therefore claims 0.05 acre-feet

of the storage right decreed to Linn Grove Pond No. 1 absolute. See Table 5 on Exhibit B. b. Greeley stored

a maximum of 5.6 acre-feet under the Linn Grove Pond No. 2 storage right in 2014 and 2015. Greeley

therefore claims 4 acre-feet of the storage right decreed to Linn Grove Pond No. 2 absolute in its entirety,

and 1.6 acre-feet of the right to refill absolute. See Table 6 on Exhibit B. 12. Remaining Conditional Rights.

The rights decreed in Case No. 2011CW60 and not made absolute remain conditional in the following

amounts. a. Groundwater Rights. i. Linn Grove Well A; 450 g.p.m. remains conditional. ii. Linn Grove

Well B; 413.1 g.p.m. remains conditional. iii. Linn Grove Well C; 500 g.p.m. remains conditional. iv. Linn

Grove Well D; 500 g.p.m. remains conditional. b. Storage Rights. i. Linn Grove Pond No. 1; 0.45 acre-feet

of the initial fill remains conditional. The right to refill remains wholly conditional. ii. Linn Grove Pond

No. 2; 2.4 acre-feet of the right to refill remains conditional. c. Greeley did not operate the Conditional

Exchanges during this diligence period. All of the Conditional Exchanges remain wholly conditional. 13.

Names and addresses of owners or reputed owners of the land upon which any new diversion or storage

structure, or modification to any existing diversion or storage structure is or will be constructed or upon

which water is or will be stored. The relevant structures identified in this Application are located on lands

owned by the Applicant. WHEREFORE, Greeley requests the Court enter a decree finding that Greeley

satisfied the statutory standard of steady application of effort to complete the above described

appropriations in a reasonably expedient and efficient manner under all the facts and circumstances, that

Greeley exercised reasonable diligence toward completion of the above described appropriations during

this diligence period. Greeley also requests that the Court continue the subject water rights remaining

conditional for another diligence period of six years and find that the water rights described in ¶¶ 10 and 11

have been made absolute in the amounts claimed. [12 pages].

19CW3165 (80CW355, 89CW122, 01CW197, 03CW405, 11CW242) Northern Colorado Water

Conservancy District (“Northern Water”), c/o Luke Shawcross, 220 Water Avenue, Berthoud,

Colorado 80513, Telephone: 1-800-369-7246, lshawcross@northernwater.org. Please send all

pleadings and correspondence to attorneys for Applicant: Douglas M. Sinor and William Davis Wert of

TROUT RALEY, 1120 Lincoln Street, Suite 1600, Denver, Colorado 80203, Telephone: (303) 861-1963;

E-Mail: dsinor@troutlaw.com, dwert@troutlaw.com. APPLICATION FOR FINDING OF

REASONABLE DILIGENCE, in LARIMER and WELD COUNTIES. 1. Name, mailing address,

email address, and telephone number of applicant: See above. 2. Application Overview: A. This

Application seeks a finding of reasonable diligence for the portions of two conditional water storage rights

owned by Northern Water. The two conditional water rights were originally decreed in Case No. 80CW355

to Grey Mountain Dam and Reservoir and the Cache la Poudre Forebay Dam and Reservoir. Subsequent

findings of reasonable diligence were decreed in Case Nos. 89CW122 (consolidated with Case Nos.

85CW206, 85CW207, 85CW208, 85CW209, and 85CW210), 01CW197, and 11CW242. In Case No.

03CW405, the Water Court, Division 1, granted Northern Water’s application to change the two conditional

18

water rights to add Glade Dam and Reservoir as an alternate place of storage for the Grey Mountain Dam

and Reservoir right, add Glade Forebay Dam and Reservoir as an alternate place of storage for the Cache

la Poudre Forebay Dam and Reservoir right, and add the Poudre Valley Canal Diversion and North Poudre

Supply Canal Diversion Works (a/k/a Munroe Canal) as alternate diversion points for both rights. B. Until

2014, Northern Water owned an undivided seven-eights (7/8) interest, and the Cache la Poudre Water Users

Association (“CLPWUA”) owned an undivided one-eighth (1/8) interest, in each of the Grey Mountain

Dam and Reservoir and Cache la Poudre Forebay Dam and Reservoir conditional water storage rights. By

a Partition Agreement dated October 10, 2014, and recorded with the Larimer County Clerk & Recorder at

Reception No. 20140061377 (“Partition Agreement”), Northern Water and CLPWUA agreed to partition

their fractional undivided interests in the two conditional water storage rights and to convey quitclaim deeds

between each other (recorded with the Larimer County Clerk & Recorder at Reception Nos. 20140061378

and 20140061379). Pursuant to the Partition Agreement, Northern Water is the sole owner of 192,500 acre-

feet of storage in the conditional Grey Mountain Dam and Reservoir right, with alternate place of storage

in Glade Reservoir and alternate diversion points as defined and described in the 03CW405 Decree (“Dam

and Reservoir Right”), and 4,725 acre-feet of storage in the conditional Cache la Poudre Forebay Dam and

Reservoir right, with alternate place of storage in Glade Forebay Dam and Reservoir and alternate diversion

points as defined and described in the 03CW405 Decree (“Forebay Right”). Northern Water also holds the

right to divert 7/8 of the water physically and legally available under the two water rights at the originally

decreed points of diversion, with alternate points of diversion at the Poudre Valley Canal and the North

Poudre Supply Canal as defined and described in the 03CW405 Decree. The Partition Agreement provided

that Northern Water and CLPWUA each would be responsible for its own diligence filings in Water Court

for its respective portions of the partitioned conditional water storage rights. C. By this Application,

Northern Water requests a finding of reasonable diligence for its conditional Dam and Reservoir Right and

Forebay Right (“Subject Water Rights”). This Application does not seek any findings or determinations

regarding the portions of the partitioned conditional water rights owned by CLPWUA. 3. Description of

Conditional Subject Water Rights: A. Name of Structure: Grey Mountain Dam and Reservoir.

i. Original Decree: Date of Decree: August 20, 1985. Case No.: 80CW355. Court: Water Court, Division 1.

Remark: Originally decreed to Grey Mountain Dam and Reservoir. ii. Subsequent Decrees Finding

Diligence: Date of Decree: August 9, 1995. Case No.: 89CW122. Court: Water Court, Division 1. Remark:

Case was consolidated with Case Nos. 85CW206, 85CW207, 85CW208, 85CW209, and 85CW210. Date

of Decree: November 8, 2005. Case No.: 01CW197. Court: Water Court, Division 1. Date of Decree:

August 7, 2013. Case No.: 11CW242. Court: Water Court, Division 1. iii. Other Relevant Decree: Date of

Decree: July 21, 2006. Case No.: 03CW405. Court: Water Court, Division 1. Remark: Change decree to

add Glade Dam and Reservoir as an alternate place of storage and the Poudre Valley Canal and North

Poudre Supply Canal Diversion Works (a/k/a Munroe Canal) as alternate points of diversion. iv. Legal

Descriptions of Original and Alternate Reservoir Locations and Points of Diversion: a. Original Location

and Point of Diversion (Grey Mountain Dam and Reservoir): A dam axis located in Section 9, T8N, R70W,

6th P.M., Larimer County, Colorado, being more particularly described as follows: Considering the West

line of the Northeast 1/4 of said Section 9 as bearing South 00°28’33” East as determined by solar

observation, and with all bearings contained herein relative thereto: Beginning at the Southwest corner of

the Northeast 1/4 of said Section 9; thence South 27°19’28” East 502.44 feet to a point on the centerline of

said dam with axis bearing North 87°32’26” East, said point also being at the intersection of the centerline

of the Cache La Poudre River Channel as it existed at the time the original application was filed. b. Alternate

Location (Glade Dam and Reservoir): A dam axis located in Sections 11, 12, and 13, T8N, R70W, 6th P.M.,

Larimer County, Colorado, Beginning at a point, which is the terminal point of the dam’s left abutment,

from which the Southwest corner of Section 12, T8N, R70W of the 6th P.M. bears North 88°14’55” West,

a distance of 1879.6 feet. From said point, the axis of the dam bears North 65°04’43” West, a distance of

729.9 feet to a point on the dam axis. From said point, the axis of the dam bears North 14°49’34” West, a

distance of 1021.7 feet to a point on the dam axis. From said point, the axis of the dam bears North

21°39’51” West, a distance of 3383.8 feet to the terminal point of the dam’s right abutment. The proposed

Glade Dam and Reservoir will inundate portions of the Northwest and Southwest Quarters of Sections 19,

19

30, and 31, T9N, R69W, 6th P.M.; the Northwest and Southwest Quarters of Section 6 and the Northwest

Quarter of Section 7, T8N, R69W, 6th P.M.; the Southeast Quarter of Section 24, the Northeast, Southeast,

and Southwest Quarters of Section 25, and all Quarters of Section 36, T9N, R70W, 6th P.M.; and all

Quarters of Section 1, the Northeast and Southeast Quarters of Section 2, the Northeast and Southeast

Quarters of Section 11, all Quarters of Section 12, and the Northwest Quarter of Section 13, T8N, R70W,

6th P.M. c. Alternate Points of Diversion: 1. Poudre Valley Canal Diversion: The Poudre Valley Canal

Diversion is located on the Cache la Poudre River at a point 1,000 feet north of the south section line and

150 feet east of the west section line in the Southwest quarter of Section 10, T8N, R70W, 6th P.M. Water

would be conveyed through an enlarged Poudre Valley Canal for a distance of approximately 10,800 feet

to the Glade Reservoir Forebay. Water would then be pumped from the forebay into Glade Reservoir.

2. North Poudre Supply Canal Diversion Works (a/k/a/ Munroe Canal): The North Poudre Supply Canal

Diversion is located on the Cache la Poudre River at a point 1,900 feet south of the north section line and

2,100 feet west of the east section line in the Northeast quarter of Section 5, T8N, R70W, 6th P.M. Water

would be conveyed through the North Poudre Supply Canal for a distance of approximately 19,400 feet to

the Glade Reservoir forebay. The water would then be pumped into Glade Reservoir. 3. Pursuant to the

decree entered in Case No. 03CW405, the total combined rate of diversion at the alternate points of

diversion is 3,000 cfs. v. Source: Cache la Poudre River and its tributaries, all of said waters being tributary

to the South Platte River. vi. Appropriation Date: May 2, 1980. vii. Northern Water’s Amount: 192,500

acre-feet, conditional. viii. Uses: Irrigation, municipal, domestic, industrial, and production of electrical

power and energy. B. Name of Structure: Cache la Poudre Forebay Dam and Reservoir. i. Original Decree:

Date of Decree: August 20, 1985. Case No.: 80CW355. Court: Water Court, Division 1. Remark: Originally

decreed to Cache la Poudre Forebay Reservoir. ii. Subsequent Decrees Finding Diligence: Date of Decree:

August 9, 1995. Case No.: 89CW122. Court: Water Court, Division 1. Remark: Case was consolidated with

Case Nos. 85CW206, 85CW207, 85CW208, 85CW209, and 85CW210. Date of Decree: November 8, 2005.

Case No.: 01CW197. Court: Water Court, Division 1. Date of Decree: August 7, 2013. Case No.:

11CW242. Court: Water Court, Division 1. iii. Other Relevant Decree: Date of Decree: July 21, 2006. Case

No.: 03CW405. Court: Water Court, Division 1. Remark: Change decree to add Glade Forebay Dam and

Reservoir as an alternate place of storage and the Poudre Valley Canal and North Poudre Supply Canal

Diversion Works (a/k/a Munroe Canal) as alternate points of diversion. iv. Legal Descriptions of Original

and Alternate Reservoir Locations and Points of Diversion: a. Original Location (Cache la Poudre Forebay

Dam and Reservoir): A dam axis located in Section 36, T9N, R71W, 6th P.M., Larimer County, Colorado,

being more particularly described as follows: Considering the West line of the Northwest 1/4 of said Section

36 as bearing North 04°32’13” West as determined by solar observation, and with all bearings contained

herein relative thereto; Beginning at the Northwest corner of the Northwest 1/4 of said Section 36; thence

South 63°45’28” East 1937.95 feet to a point on the centerline of said dam with axis bearing North

53°57’35” East. b. Original Point of Diversion (Cache la Poudre Forebay Dam and Reservoir): Intake “Y”:

An intake point located in Section 31, T9N, R70W, 6th P.M., Larimer County, Colorado, being more

particularly described as follows: Considering the South line of the Southwest Quarter of said Section 31

as being North 89°51’00” East and with all bearings contained herein relative thereto: Beginning at the

Southwest Quarter of said Section 31; thence along the South line of the Southwest Quarter of said Section

31 North 89°51’00” East 1427.89 feet; thence departing said South line North 00°09’00” West 499.20 feet

to said intake point. c. Alternate Location (Glade Forebay Dam and Reservoir): A forebay reservoir located

in the Southeast 1/4 of Section 11, T8N, R70W, 6th P.M., Larimer County, Colorado. d. Alternate Points

of Diversion: 1. Poudre Valley Canal Diversion: Section 3.A.iv.c.1, supra. 2. North Poudre Supply Canal

Diversion Works (a/k/a/ Munroe Canal): Section 3.A.iv.c.2, supra. 3. Pursuant to the decree entered in Case

No. 03CW405, the total combined rate of diversion at the alternate points of diversion is 3,000 cfs.

v. Source: Cache la Poudre River and its tributaries, all of said waters being tributary to the South Platte

River. vi. Appropriation Date: May 2, 1980. vii. Northern Water’s Amount: 4,725 acre-feet, conditional.

viii. Uses: Irrigation, municipal, domestic, industrial, and production of electrical power and energy.

C. Pursuant to the decrees entered in Case Nos. 89CW122 and 03CW405, the storage volumes decreed to

the Grey Mountain Dam and Reservoir water right and the Cache la Poudre Forebay Dam and Reservoir

20

water right may not be separately aggregated. The cumulative annual volume of total storage under those

rights is limited to the total volume decreed to the Grey Mountain Dam and Reservoir water right, 220,000

acre-feet. Cumulative annual storage of water under Northern Water’s portion of the Subject Water Rights

pursuant to the Partition Agreement is limited to 192,500 acrefeet. 4. Detailed outline of what diligent

effort has been undertaken toward completion of the appropriation: A. The Subject Water Rights are

part of the Poudre Project, an integrated diversion project designed to provide water and related benefits to

the water users within Northern Water by diverting unappropriated water from the Cache la Poudre River

and storing that water in order to increase the amount of water available for beneficial uses within the

boundaries of Northern Water. B. The Subject Water Rights and the other water supply features of the

Poudre Project were conceived and planned, and are intended to be constructed and operated, as component

parts of a common plan and scheme of development and thus comprise an integrated water supply system.

Work on one feature of the Poudre Project shall be considered in finding that reasonable diligence has been

shown in the development of water rights for all features of the entire Poudre Project. C.R.S. § 37-90-

301(4)(b); see also Findings of Fact, Conclusions of Law, Judgment and Decree, ¶ 8, No. 01CW197 (Colo.

Dist. Ct. Water Div. No. 1 Nov. 8, 2005); Findings of Fact, Conclusions of Law, Ruling of the Referee and

Decree of the Water Court, ¶ 7, No. 11CW242 (Colo. Dist. Ct. Water Div. No. 1 Aug. 7, 2013). C. The

Subject Water Rights also have been incorporated into a regional water supply project known as the

Northern Integrated Supply Project, or NISP, to allow a portion of the associated water rights to be used as

part of NISP. NISP is a regional water supply project proposed by Northern Water and pursued by the NISP

Water Activity Enterprise, a government-owned business within the meaning of Article X, § 20(2)(d) of

the Colorado Constitution, organized pursuant to C.R.S. §§ 37-45.1-101 et seq. and owned by Northern

Water (“NISP Enterprise”), on behalf of numerous cities, towns, and water districts (“NISP Participants”)

that will use the Subject Water Rights and other water rights to provide approximately 40,000 acre-feet of

reliable water supply per year to the NISP Participants. The remaining portion of the Subject Water Rights

that are not associated with NISP will serve future demands within the boundaries of Northern Water.

D. The Subject Water Rights thus also are planned and intended to be constructed and operated as

component parts of a common plan and scheme of development for NISP and thus comprise part of an

integrated water system for NISP. Work on one feature of NISP shall be considered in finding that

reasonable diligence has been shown in the development of all water rights of NISP, including the Subject

Water Rights. C.R.S. § 37-90-301(4)(b). E. During the diligence period from August 2013 through August

2019, Northern Water and NISP Enterprise have expended approximately 25 million dollars and allocated

substantial resources towards the permitting, design, and development of the Poudre Project and NISP. The

following paragraphs describe examples of some of the more significant activities that support a finding of

reasonable diligence with respect to the Subject Water Rights: i. NISP Enterprise has applied for numerous

federal, state, and local permits or approvals as part of NISP. For example, NISP Enterprise applied for a

Clean Water Act (CWA) Section 404 permit from the U.S. Army Corps of Engineers for the construction

of NISP in 2004, and during the diligence period has engaged with the Corps in furtherance of that permit

application. The Corps issued a supplemental draft environmental impact statement (SDEIS) under the

National Environmental Policy Act (NEPA) in 2015 and issued a final environmental impact statement

(FEIS) in 2018. The permit application remains pending as of the date of this Application. NISP Enterprise

also applied for CWA Section 401 certification from the Colorado Department of Public Health and

Environment (CDPHE) in January 2019. Since 2017 and continuing through the date of this Application,

NISP Enterprise also has expended money and allocated resources for compliance with Larimer County’s

Areas and Activities of State Interest (a/k/a “1041”) code. ii. Another significant component of the

development and beneficial use of the Subject Water Rights is addressing issues related to the Endangered

Species Act (ESA) in the South Platte River basin. During the diligence period, Northern Water has been

involved in the implementation of a basin-wide program to address ESA issues for water projects affecting

threatened and endangered species in the basin. The resulting Platte River Recovery Implementation

Program (PPRIP) provides such ESA compliance for new projects in the South Platte basin in Colorado

when a Colorado water user becomes a member in the South Platte Water Related Activities Program, Inc.

(SPWRAP). Northern Water has been a member of SPWRAP since its inception in 2005 and continues to

21

have representation on the board of directors and operational subcommittees, which affords Northern Water

the necessary ESA compliance to pursue development and beneficial use of the Subject Water Rights,

including as part of NISP. Northern Water has also continued work on ESA compliance through mitigation

planning and endangered species habitat and wetlands replacement. Northern Water expended

approximately $190,000 during the diligence period on these efforts. iii. As part of the regulatory review

process partially described above, NISP Enterprise also has developed measures to mitigate fish and

wildlife related impacts of NISP, as well as enhancements that go above and beyond direct mitigation of

project effects. Pursuant to C.R.S. § 37-60-122.2, NISP Enterprise worked with the Colorado Water

Conservation Board (CWCB) and Colorado Parks and Wildlife (CPW) to develop a “Fish and Wildlife

Mitigation and Enhancement Plan” (FWMEP) for NISP that included numerous mitigation measures, as

well as enhancements designed to improve the aquatic and riparian habitat of the Poudre River while at the

same time meeting the water supply needs of the NISP Participants using the Subject Water Rights and

other water rights. The CWCB adopted the FWMEP as the official state position on mitigation on

October 10, 2017, and NISP Enterprise entered into an IGA with CPW to implement the measures identified

in the FWMEP on July 3, 2018. The FWMEP was also included as an appendix to the Corps’ FEIS. NISP

Enterprise already has implemented some of the measures identified in the FWMEP, including partnering

in the construction and operation of a fish and water bypass structure on the Watson Lake diversion structure

owned by CPW at a cost to NISP Enterprise of approximately $1,650,000. Northern Water also worked

with legislators in 2018 to amend Colorado statutes to enable implementation of the FWMEP’s

“Conveyance Refinement,” see C.R.S. § 37-92-102(8), and in Case No. 18CW3216, Water Division No. 1,

is seeking approval to make Protected Mitigation Releases pursuant to that statute and the FWMEP.

iv NISP Enterprise has performed preliminary design for Glade Reservoir, facilities associated with Glade

Reservoir, other structures associated with NISP including Galeton Reservoir and related structures, and

relocation of U.S. Highway 287 away from the Glade Reservoir footprint. NISP Enterprise expended

approximately $7 million during the diligence period on these efforts. v. Since at least 2018 and continuing

to the present, NISP Enterprise has been working with lenders and the NISP Participants to pursue financing

options for NISP. NISP Enterprise also has purchased property in furtherance of NISP. vi. During the

diligence period, NISP Enterprise engaged Harvey Economics to analyze future water needs within

Northern Water’s boundaries through 2060. Harvey Economics conducted this work during the diligence

period and provided a final report on July 24, 2017, which confirmed that the NISP Participants have a need

for additional water supplies to meet future water demands that will be partially served by NISP. vii. During

the diligence period, NISP Enterprise has undertaken negotiations with ditch companies regarding the use

of company structures by NISP and water substitution agreements for NISP. viii. Northern Water has been

an opposer in numerous water right applications during the diligence period to protect the Subject Water

Rights. 5. Landowner Notice: A list of the 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, is attached as an appendix to this Application. 6. Remarks: During the diligence

period, Northern Water did not divert any amount of water under the Subject Water Rights, despite diligent

efforts to make the Subject Water Rights absolute. Therefore, by this diligence Application, Northern Water

does not seek to make any portion of the Subject Water Rights absolute and seeks only a finding of

reasonable diligence for the Subject Water Rights. (11 pages)

19CW3166, Steven Toscano, 22903 County Road 15-21, Elbert, CO 80106 (James J. Petrock, Petrock

Fendel Poznanovic, P.C., 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR

UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY

SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY

LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT

NONTRIBUTARY UPPER DAWSON AQUIFERS, ELBERT COUNTY. 60 acres located in the

N1/2NE1/4 of Section 7, T10S, R64W of the 6th P.M., Elbert County, as described and shown on

Attachment A hereto ("Subject Property"). Source of Water Rights: The Upper Dawson aquifer is not

22

nontributary as described in Sections 37-90-103(10.7), C.R.S., and the Lower Dawson, Denver, Arapahoe

and Laramie-Fox Hills aquifers are nontributary as described in Section 37-90-103(10.5), C.R.S. Estimated

Amounts: Upper Dawson: 21 acre-feet, Lower Dawson: 13 acre-feet, Denver: 23 acre-feet, Arapahoe: 27

acre-feet, Laramie-Fox Hills: 19 acre-feet. Proposed Use: Domestic, commercial, irrigation, livestock

watering, fire protection, and augmentation purposes, including storage, both on and off the Subject

Property. Groundwater to be augmented: 2.5 acre-feet per year of Upper Dawson aquifer groundwater as

requested herein. Water rights for augmentation: Return flows from the use of not nontributary and

nontributary groundwater and direct discharge of nontributary ground water. Statement of plan for

augmentation: The Upper Dawson aquifer groundwater will be used on the Subject Property for in-house

use in two residences, irrigation, including greenhouses, stockwatering and fire protection, through existing

well (Permit No. 208794) or new wells. Applicant reserves the right to amend the values without amending

the application or republishing the same. Sewage treatment for in-house use will be provided by a non-

evaporative septic system and return flow from in-house use and irrigation use will be approximately 90%

and 15% of that use, respectively. During pumping Applicants will replace actual depletions to the affected

stream system pursuant to Section 37-90-137(9)(c.5), C.R.S. Depletions occur to the Running Creek stream

system. Return flows accrue to the South Platte River via Running Creek 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 groundwater underlying the Subject Property to meet post pumping

augmentation requirements. Further, Applicant prays that this Court grant the application and for such other

relief as seems proper in the premises. (6 pages).

Note: Water Division 2 will publish resume

19CW3167, (Division 2 case number 19CW3051); SARAH BARKER BARTELS TRUST, c/o Sarah

(Sally) Bartels, 3647 Tuscanna Grove, Colorado Springs, CO 80920. Forward all pleadings and

correspondence to Chris D. Cummins and Emilie B. Polley, Monson, Cummins & Shohet, LLC, 13511

Northgate Estates Drive, Ste. 250, Colorado Springs, CO 80921 (719) 471-1212. Application for

Adjudication of Denver Basin Groundwater and For Plan for Augmentation in EL PASO COUNTY.

Applicant seeks to construct or utilize up to seven (7) non-exempt wells (including existing well) to the not-

nontributary Dawson aquifer to provide water service to an equivalent number of single family lots, based

on an anticipated subdivision of Applicant’s 39.10-acre parcel into up to seven lots. Applicant therefore

seeks to quantify the Denver Basin groundwater underlying the Applicant’s Property, and approval of a

plan for augmentation for the use thereof. All wells will be located on Applicant’s approximately 39.10

acre property (“Applicant’s Property”) anticipated to be subdivided into up to seven lots of +/-5 acres each,

with current schedule number 5219000059. Applicant’s Property is depicted on the attached Exhibit A

map, located in the SE1/4 SW1/4 of Section 19, Township 12 South, Range 65 West of the 6th P.M., and

more particularly described as follows: A tract in the Southeast Quarter (SE/4) of Section Nineteen (19),

Township Twelve (12) South, Range Sixty-five (65) West of the 6th P.M., described as follows:

Commencing at the southeast corner of the Southeast Quarter (SE/4) of Section Nineteen (19), Township

Twelve (12) South, Range Sixty-five (65) West of the 6th P.M., thence West along the South line of said

section a distance of 3300 feet; thence north parallel to the East line of said section a distance of 30 feet for

the point of beginning of the tract to be described hereby; thence West and parallel with the South line of

said section a distance of 660 feet; thence North and parallel with the East line of said section to a point

which is 30 feet South of the East-West centerline of said section; thence East and parallel with said East-

West center line, a distance of 660 feet; thence South and parallel to the East line of said section to the point

of beginning, El Paso County, Colorado. Also known as 6170 Old Ranch Road, Colorado Springs,

Colorado 80908. Existing Well. There is an existing domestic well with Division of Water Resources

Permit No. 87527 (“Bartels Well No. 1”), permit attached as Exhibit B. It is drilled to a total depth of 579

feet to the Dawson aquifer, and located at 6170 Old Ranch Road, Colorado Springs, Colorado 80908, 600

feet from the South Section Line, 1600 feet from the West Section Line. The well was completed on January

12, 1978 and water placed to beneficial use on January 12, 1978. Upon approval of this plan for

23

augmentation, this well will be re-permitted. Applicant proposes that up to six wells (one well per lot) will

be located on the Applicant’s Property at specific locations not yet determined (“Bartels Wells Nos. 2

through 7”), to be constructed to the Dawson aquifer, for a total of up to seven wells. Not-Nontributary.

The ground water to be withdrawn from the Dawson, Denver and Arapahoe aquifers underlying the

Applicant’s Property is not-nontributary. Pursuant to C.R.S. §37-90-137(9)(c.5), the augmentation

requirements for wells in the Dawson aquifer will require the replacement of actual stream depletions.

Nontributary. The groundwater that will be withdrawn from the Laramie-Fox Hills aquifer underlying the

Applicant’s Property is nontributary. Pumping from the wells will not exceed 100 g.p.m. The actual

pumping rates for each well will vary according to aquifer conditions and well production capabilities. The

Applicant requests the right to withdraw ground water at rates of flow necessary to withdraw the entire

decreed amounts. The actual depth of each well to be constructed within the respective aquifers will be

determined by topography and actual aquifer conditions. Applicant requests a vested right for the

withdrawal of all legally available ground water in the Denver Basin aquifers underlying the Applicant’s

Property. Said amounts may be withdrawn over the 300-year life of the aquifers as required by El Paso

County, Colorado Land Development Code §8.4.7(C)(1) which is more stringent than the State of

Colorado’s 100-year life requirement pursuant to C.R.S. §37-90-137(4). Applicant estimates that the

following values and average annual amounts are representative of the Denver Basin aquifers underlying

Applicant’s Property:

AQUIFER

NET

SAND

(Feet)

Total

Appropriation

(Acre Feet)

Annual Avg.

Withdrawal

100 Years

(Acre Feet)

Annual Avg.

Withdrawal

300 Years

(Acre Feet)

Dawson

(NNT) 144 1126 10.821 3.60

Denver

(NNT) 300 194 19.4 -

Arapahoe

(NNT) 270 1794 17.9 -

Laramie Fox

Hills (NT) 190 1114 10.922 -

Decreed amounts may vary from the above to conform with the State’s Determination of Facts. Pursuant

to C.R.S. §37-92-305(11), the Applicant further requests that the Court retain jurisdiction to finally

determine the amount of water available for appropriation and withdrawal from each aquifer. The Applicant

requests the right to use the ground water for beneficial uses upon the Applicant’s Property consisting of

domestic, irrigation, stock water, recreation, wildlife, fire protection, and also for storage and augmentation

purposes associated with such uses. The Applicant also requests that the nontributary water may be used,

reused, and successively used to extinction, both on and off the Applicant’s Property subject, however, to

the requirement of C.R.S. §37-90-137(9)(b), that no more than 98% of the amount withdrawn annually

shall be consumed. Applicant may use such water by immediate application or by storage and subsequent

application to the beneficial uses and purposes stated herein. Provided, however, Applicant shall only be

entitled to construct wells or use water from the not-nontributary Dawson aquifer pursuant to a decreed

augmentation plan entered by this Court, covering the out-of-priority stream depletions caused by the use

of such not-nontributary aquifers in accordance with C.R.S. §37-90-137(9)(c.5). Applicant requests that

she be permitted to produce the full legal entitlement from the Denver Basin aquifers underlying

Applicant’s Property through any combination of wells. Applicant requests that these wells be treated as a

well field.. Applicant requests that she be entitled to withdraw an amount of ground water in excess of the

1 Reflects the total amount available minus the amount used for 44 years under Well Permit No. 87527 2 Reflects the total amount available based on 100 years depletion minus 2%.

24

average annual amount decreed to the aquifers beneath the Applicant’s Property, so long as the sum of the

total withdrawals from all the wells in the aquifers does not exceed the product of the number of years since

the date of issuance of the original well permit or the date of entry of a decree herein, whichever comes

first, multiplied by the average annual volume of water which the Applicant is entitled to withdraw from

the aquifers underlying the Applicant’s Property. Owner of Land Upon Which Wells are to Be Located.

The land upon which the wells are and will be located as well as the underlying groundwater is owned by

the Applicant. Structures to be Augmented. The structures to be augmented are Bartels Wells Nos. 1

through 7, along with any replacement or additional wells associated therewith, as likewise may be

constructed to the Dawson aquifer of the Denver Basin underlying the Applicant’s Property as requested

and described herein. The water rights to be used for augmentation during pumping are the return flows

resulting from the pumping of the not-nontributary Dawson aquifer from Bartels Wells Nos. 1 through 7,

together with water rights from the nontributary Laramie-Fox Hills aquifer for any injurious post pumping

depletions. Applicant wishes to provide for the augmentation of stream depletions caused by pumping of

the not-nontributary Dawson aquifer by up to seven wells proposed herein for up to seven residential lots.

Potential water use criteria and their consumptive use component for replacement of actual depletions for

the lots are estimated as follows: Household Use Only: 0.25 acre feet annually within single family

dwellings on up to seven lots, with a maximum of ten percent consumptive use based on a nonevaporative

septic leach field disposal systems. The annual consumptive use for each lot will therefore be 0.025 acre

feet per well, with return flows of 0.225 acre feet per lot, or 1.575 acre-feet per year. Landscape Irrigation:

0.05 acre feet annually per 1,000 square feet (2.18 acre feet per acre) per year, with an 85% assumed

consumptive use rate. The annual consumptive use for each 1,000 square feet of lawn and garden irrigated

is therefore 0.042 acre feet. Horses (or equivalent livestock): 0.011 acre feet annually (10 gallons per day)

per head with a one hundred percent consumptive use component. Each well will pump a maximum of

0.514 acre feet of water per year per residence, assuming seven lots, for a maximum total of 3.6 acre feet

being withdrawn from the Dawson aquifer per year. Such use shall be a combination of household use,

irrigation of lawn and garden, and the watering of horses or equivalent livestock. An example breakdown

of this combination of use, utilizing the factors described above, is household use of 0.25 acre feet of water

per year per residence with the additional 0.264 acre feet per year per residence available for irrigation of

lawn and garden and the watering of up to four horses or equivalent livestock on each residential lot.

Depletions. Applicant’s consultant has determined that maximum stream depletions over the 300 year

pumping period for the Dawson aquifer amounts to approximately 31.17% of pumping. Maximum annual

depletions for total residential pumping from all wells are therefore 1.12 acre feet in year 300. Should

Applicant’s pumping be less than the 3.6 total, 0.514 acre feet per lot, per year described herein, resulting

depletions and required replacements will be correspondingly reduced. Additionally, should fewer than

seven lots be established on the property, pumping from each individual well on each lot actually

established may be increased from the maximums described herein, provided that all out-of-priority

depletions remain augmented. Pursuant to C.R.S. §37-90-137(9)(c.5), Applicant is required to replace

actual stream depletions attributable to pumping of up to seven residential wells. Applicant’s consultant

has determined that depletions during pumping will be effectively replaced by residential return flows from

non-evaporative septic systems. The annual consumptive use for non-evaporative septic systems is 10%

per year per residence. At a household use rate of 0.25 acre feet per residence per year, total of 1.75 acre

feet, 1.575 acre feet is replaced to the stream system per year, utilizing non-evaporative septic systems.

Thus, during pumping, stream depletions will be more than adequately augmented. For the replacement of

any injurious post-pumping depletions which may be associated with the use of the Bartels Wells Nos. 1

through 7, Applicant will reserve up to the entirety of the nontributary Laramie Fox Hills aquifer,

accounting for actual stream depletions replaced during the plan pumping period, as necessary to replace

any injurious post pumping depletions. Applicant also reserves the right to substitute other legally available

augmentation sources for such post pumping depletions upon further approval of the Court under its

retained jurisdiction. Even though this reservation is made, under the Court’s retained jurisdiction,

Applicant reserves the right in the future to prove that post pumping depletions will be noninjurious. The

reserved nontributary Laramie-Fox Hills groundwater will be used to replace any injurious post-pumping

25

depletions. Upon entry of a decree in this case, the Applicant will be entitled to apply for and receive a

new well permit for the Bartels Wells Nos. 1 through 7 for the uses in accordance with this Application and

otherwise in compliance with C.R.S. §37-90-137. This Application was filed in both Water Divisions 1

and 2 because depletions from the pumping of the Dawson aquifer may occur in both the South Platte and

the Arkansas River systems. The return flows set forth herein will accrue to tributaries of the Arkansas

River system where the majority of such depletions will occur, and it is Applicant’s intent to consolidate

the instant matter with pending Division 2 application in Water Division 2 upon completion of publication.

Applicant requests that the total amount of depletions to both the South Platte River and the Arkansas River

systems be replaced to the Arkansas River as set forth herein, and for a finding that those replacements are

sufficient. Applicant requests a finding that they have complied with C.R.S. §37-90-137(4), and that the

ground water requested herein is legally available for withdrawal by the requested not-nontributary wells

upon the entry of a decree approving an augmentation plan pursuant to C.R.S. §37-90-137(9)(c.5). The

term of this augmentation plan is for 300 years, however the length of the plan for a particular well may be

extended beyond such time provided the total plan pumping allocated thereto is not exceeded. Post

pumping stream depletions accrue to a particular well or wells only to the extent related to that well’s actual

pumping. The Court will retain jurisdiction over this matter to provide for the adjustment of the annual

amount of ground water withdrawals to be allowed in order to conform to actual local aquifer characteristics

from adequate information obtained from well drilling or test holes. The Applicant requests a finding that

vested water rights of others will not be materially injured by the withdrawals of ground water and the

proposed plan for augmentation. The wells shall be installed and metered as reasonably required by the

State Engineer. Each well must be equipped with a totalizing flow meter and Applicant shall submit

diversion records to the Division Engineer on an annual basis or as otherwise requested by the Division

Engineer. The Applicant shall also provide accountings to the Division Engineer and Water Commissioner

as required by them to demonstrate compliance under this plan of augmentation. The Applicant intends to

waive the 600 feet well spacing requirement for any wells to be located upon the Applicant’s Property. The

Applicant owns the Subject Property free and clear of all liens and encumbrances and no other person or

entity has a financial interest in the Subject Property. Accordingly, the Applicant certifies compliance with

the notice requirements of C.R.S. §37-92-302(2).

19CW3168 (12CW269, 06CW101) Geneva Glen Camp, Inc., c/o Casey Klein, Director, P.O. Box 248,

Indian Hills, Colorado 80454, casey@genevaglen.org, Telephone: 303-697-4621. Please send all

pleadings and correspondence to attorneys for Applicant: Douglas M. Sinor and William Davis Wert

of TROUT RALEY, 1120 Lincoln Street, Suite 1600, Denver, Colorado 80203, Telephone:

(303) 861-1963; E-Mail: dsinor@troutlaw.com, dwert@troutlaw.com. APPLICATION FOR

FINDING OF REASONABLE DILIGENCE, IN JEFFERSON COUNTY, COLORADO. 1. Name,

mailing address, email address, and telephone number of Applicant: See above. 2. Name of

Structures: Geneva Glen Camp Well Nos. 6 and 7. 3. Description of Conditional Water Rights: A.

Original Decree: Date of Decree: November 15, 2006. Case No.: 06CW101. Court: Water Court, Division

1. B. Subsequent Decree Finding Diligence: Date of Decree: August 12, 2013. Case No.: 12CW269.

Court: Water Court, Division 1. C. Decreed Legal Descriptions of Structures: The exact locations of

Geneva Glen Camp Well Nos. 6 and 7 have not yet been determined by the Applicant. The wells can

generally be described as being located within the SW 1/4 NW 1/4 and the NW 1/4 SW 1/4 of Section 16,

and the SE 1/4 NE 1/4 and the NE 1/4 SE 1/4 of Section 17, Township 5 South, Range 70 West, 6th P.M.,

Jefferson County, Colorado. D. Source: Ground water that is tributary to Parmalee Gulch, Turkey Creek,

Bear Creek, and the South Platte River. E. Appropriation Date: April 27, 2006, for each well. F. Amount:

15 gallons per minute, conditional, for each well. G. Uses: Commercial, domestic, stock watering, and fire

protection purposes. 4. Detailed outline of what diligent effort has been undertaken toward completion

of the appropriations: A. Geneva Glen Camp Wells Nos. 6 and 7 are components of Applicant’s integrated

water supply and wastewater system, which Applicant operates in connection with Geneva Glen Camp, an

educational and recreational children’s camp that Applicant has operated since the 1920s. Applicant’s

integrated system includes the operation of existing Geneva Glen Camp Well Nos. 1–5 under an

26

augmentation plan decreed in Case No. 06CW101, Water Division No. 1, to divert and store water in

regulating tanks for distribution and use on Geneva Glen Camp property, as well as a central wastewater

treatment system that treats wastewater from in-building uses. Applicant’s water and wastewater systems

were and are conceived, planned, constructed, and operated as component parts of a common plan and

scheme of development and thus comprise an integrated water supply system. Work on one feature of the

system shall be considered in finding that reasonable diligence has been shown in the development of water

rights for all features of the system. C.R.S. § 37 92 301(4)(b). B. As a nonprofit entity, Applicant has

limited resources and must carefully prioritize its expenditures for infrastructure and water and wastewater

system improvements. The following paragraphs describe some of the more significant system maintenance

and development activities undertaken during the diligence period that support a finding of reasonable

diligence for the conditional Geneva Glen Camp Well Nos. 6 and 7 water rights: i. In spring 2016,

Applicant hired a contractor to drill a new well to replace the originally hand dug well for the Geneva Glen

Camp Well No. 4 water right. Applicant spent approximately $30,000 on this well replacement work. The

replacement well was permitted in 2016 (No. 77185-F-R) and began operating in spring 2017, but Applicant

discovered damage to the replacement well that has caused issues with its pumping effectiveness. In June

2019, Applicant contracted with a consultant to provide engineering oversight of the repair or replacement

of the damaged well. Applicant has begun securing bids for the repair or replacement project to assess

feasibility and cost. ii. Applicant has also worked with a consultant to conduct hydrogeologic exploration

activities related to the location of Geneva Glen Camp Well Nos. 6 and 7. iii. Beginning in approximately

2017 and continuing through the date of filing of this Application, Applicant has been engaged in

redeveloping its wastewater treatment and discharge system to address water quality issues. Applicant’s

wastewater treatment system currently consists of a lagoon system, filtration, chlorine disinfection,

discharge structures, and monitoring wells. Applicant has contracted with two engineering consulting firms

to analyze potential improvements or reconfigurations of this system before the summer 2020 camp season,

and during the diligence period has paid these consultants approximately $110,000 for this work. In summer

2019, Applicant conducted influent and effluent testing to assess whether modifications to the existing plant

are capable of improving water treatment, or if installation of a replacement mechanical treatment plant is

necessary. iv. During the diligence period and continuing through the date of this Application, Applicant

has been working with a consulting engineer to engineer and schedule the replacement of septic tank

systems for certain of its outbuildings not presently connected to its wastewater treatment system, as well

as the improvement of the sewer lines that supply the existing wastewater treatment system; the expenditure

amount in the immediately preceding paragraph includes this work. Applicant also has committed some of

its management staff’s resources to investigating the cost and feasibility of winterizing certain additional

parts of its water supply lines and enlarging water storage tanks to increase system efficiency and flexibility.

v. During winter 2018–2019, Applicant allocated staff resources and spent approximately $5,000 on the

installation of digital water meters and a remote monitoring system on Geneva Glen Camp Wells Nos. 1–5

to allow remote measurement and logging of daily pumping amounts. C. During the diligence period,

Applicant exercised its decreed absolute water rights under the augmentation plan referenced above but did

not divert any water under the Geneva Glen Camp Well Nos. 6 and 7 water rights despite diligent effort to

complete those appropriations. Applicant accordingly does not seek by this application to make any portion

of the water rights absolute and seeks only a finding of reasonable diligence for the water rights. 5. List of

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: Geneva Glen Camp, Inc. (Applicant).

WHEREFORE, Applicant respectfully requests that the Court enter an order which finds that reasonable

diligence has been exercised in the development of the conditional water storage rights decreed to Geneva

Glen Camp Well Nos. 6 and 7 and described herein. (5 pages)

19CW3169 Cache La Poudre Water Users Association, c/o Shawn Hoff, President, (“CLPWUA” or

“Applicant”), 6405 County Road 1, Windsor, CO 80550. Please address all pleadings and

correspondence to: Daniel K. Brown, Esq., and Whitney Phillips, Esq., Fischer Brown Bartlett &

27

Gunn, P.C. 1319 E. Prospect Road, Fort Collins, CO 80525. APPLICATION FOR FINDING OF

REASONABLE DILIGENCE in LARIMER and WELD COUNTIES. 2. The water rights that are the

subject of this application were originally decreed in Case No. 80CW355 on August 20, 1985 (“Original

Decree”). The Original Decree concerned two conditional water storage rights decreed to: (1) the Grey

Mountain Dam & Reservoir and (2) the Cache La Poudre Forebay Dam & Reservoir. The CLPWUA filed

the application for Original Decree on December 15, 1980. On December 28, 1983, the CLPWUA conveyed

an undivided 7/8ths interest in these conditional water rights to the Northern Colorado Water Conservancy

District (“Northern Water”) and retained an undivided 1/8th interest in the conditional water rights.

CLPWUA and Northern Water collectively obtained findings of reasonable diligence for the conditional

water rights in Case No. 89CW122 on August 9, 1995, Case No. 2001CW197 on November 8, 2005 and

Case No. 11CW242 on August 7, 2013. In Case No. 2003CW405, with the consent of CLPWUA, Northern

Water changed the conditional water rights to include the Glade Dam and Reservoir as alternate places of

diversion and storage. By a Partition Agreement dated October 10, 2014, Northern Water and CLPWUA

agreed to partition their fractional undivided interests in the two conditional water storage rights, which

was accomplished by quitclaim deeds between each other (recorded with the Larimer County Clerk &

Recorder at Reception Nos. 20140061378 and 20140061379). Accordingly, CLPWUA now owns a divided

1/8th interest in the conditional water rights decreed in Case No. 80CW335 (hereinafter the “Subject Water

Rights”) and also the right to divert 1/8th of the water physically and legally available under the two

conditional water rights at the originally decreed points of diversion, with alternate points of diversion and

storage as described in Case No 03CW405. With this application, CLPWUA is seeking a finding of

reasonable diligence for the Subject Water Rights. 3. Description of the Subject Water Rights: A. Name of

Structure: Grey Mountain Dam and Reservoir i. Relevant Decrees: 1. Original Decree: Date of Decree:

August 20, 1985. Case No.: 80CW355. Court: Water Court, Division 1. 2. Subsequent Decrees Finding

Diligence: Date of Decree: August 9, 1995. Case No.: 89CW122. Court: Water Court, Division 1. Remark:

Case was consolidated with Case Nos. 85CW206, 85CW207, 85CW208, 85CW209, and 85CW210. Date

of Decree: November 8, 2005. Case No.: 01CW197. Court: Water Court, Division 1. Date of Decree:

August 7, 2013. Case No.: 11CW242. Court: Water Court, Division 1. 3. Other Relevant Decree: Date of

Decree: July 21, 2006. Case No.: 03CW405. Court: Water Court, Division 1. Remark: Change decree to

add Glade Dam and Reservoir as an alternate place of storage and the Poudre Valley Canal and North

Poudre Supply Canal Diversion Works (a/k/a Munroe Canal) as alternate points of diversion. ii. Original

Reservoir Location and Point of Diversion: A dam axis located in Section 9, T8N, R70W, 6th P.M., Larimer

County, Colorado being more particularly described as follows: Considering the West line of the Northeast

1/4 of said Section 9 as bearing South 00° 28' 33" East as determined by solar observation, and with all

bearings contained herein relative thereto: Beginning at the Southwest corner of the Northeast 1/4 of said

Section 9; thence South 27° 19' 28" East 502.44 feet to a point on the centerline of said dam with axis

bearing North 87° 32' 26" East, said point also being at the intersection of the centerline of the Cache La

Poudre River Channel as it existed at the time the original application was filed. iii. Alternate Storage

Location: Glade Dam and Reservoir: A dam axis located in Sections 11, 12 and 13, Township 8 North,

Range 70 West, 6th P.M., in Larimer County, Colorado. Beginning at a point, which is the terminal point

of the dam's left abutment, from which the Southwest corner of Section 12, Township 8 North, Range 70

West of the 6th P.M. bears North 88° 14' 55" West, a distance of 1879.6'. From said point, the axis of the

dam bears North 65° 04' 43" West, a distance of 729.9' to a point on the dam axis. From said point, the axis

of the dam bears North 14° 49' 34" West, a distance of 1021.7' to a point on the dam axis. From said point,

the axis of the dam bears North 21° 39' 51" West, a distance of 3383.8' to the terminal point of the dam's

right abutment. The proposed Glade Dam and Reservoir will inundate portions of the Northwest and

Southwest Quarters of Sections 19, 30 and 31, Township 9 North, Range 69 West, 6th P.M.; the Northwest

and Southwest Quarters of Section 6 and the Northwest Quarter of Section 7, Township 8 North, Range 69

West, 6th P.M.; the Southeast Quarter of Section 24, the Northeast, Southeast and Southwest Quarters of

Section 25 and all Quarters of Section 36, Township 9 North, Range 70 West, 6th P.M.; and all Quarters of

Section 1, the Northeast and Southeast Quarters of Section 2, the Northeast and Southeast Quarters of

Section 11, all Quarters of Section 12, and the Northwest Quarter of Section 13, Township 8 North, Range

28

70 West, 6th P.M. iv. Alternate Points of Diversion: Poudre Valley Canal Diversion: The Poudre Valley

Canal Diversion is located on the Cache la Poudre River at a point 1,000 feet north of the south section line

and 150 feet east of the west section line in the Southwest quarter of Section 10, Township 8 North, Range

70 West, 6th P.M. Water would be conveyed through an enlarged Poudre Valley Canal for a distance of

approximately 10,800 feet to the Glade Forebay Reservoir. Water would then be pumped from the forebay

into Glade Reservoir. North Poudre Supply Canal Diversion Works: The North Poudre Supply Canal

Diversion is located on the Cache la Poudre River at a point 1,900 feet south of the north section line and

2,100 feet west of the east section line in the Northeast quarter of Section 5, Township 8 North, Range 70

West, 6th P.M. Water would be conveyed through the North Poudre Supply Canal for a distance of

approximately 19,400 feet to the Glade Forebay Reservoir. The water would then be pumped into Glade

Reservoir. Source: Cache La Poudre River and its tributaries, all of said waters being tributary to the South

Platte River. Pursuant to the decree entered in Case No. 03CW405, the total combined rate of diversion at

the alternate points of diversion is 3,000 cfs. v. Source: Cache la Poudre River and its tributaries, all of

said waters being tributary to the South Platte River. vi. Amount of Subject Water Rights 27,500 acre-feet,

conditional. vii. Appropriation date: May 2, 1980. Viii. Uses: irrigation, municipal, domestic, industrial and

production of electrical power and energy. B. Name of Structure: Cache la Poudre Forebay Dam and

Reservoir i. Relevant Decrees: 1. Original Decree: Date of Decree: August 20, 1985. Case No.: 80CW355.

Court: Water Court, Division 1. 5. Subsequent Decrees Finding Diligence: Date of Decree: August 9, 1995.

Case No.: 89CW122. Court: Water Court, Division 1. Remark: Case was consolidated with Case Nos.

85CW206, 85CW207, 85CW208, 85CW209, and 85CW210. Date of Decree: November 8, 2005. Case No.:

01CW197. Court: Water Court, Division 1. Date of Decree: August 7, 2013. Case No.: 11CW242. Court:

Water Court, Division 1. 6. Other Relevant Decree: Date of Decree: July 21, 2006. Case No.: 03CW405.

Court: Water Court, Division 1. Remark: Change decree to add Glade Forebay Dam and Reservoir as an

alternate place of storage and the Poudre Valley Canal and North Poudre Supply Canal Diversion Works

(a/k/a Munroe Canal) as alternate points of diversion. ii. Original Reservoir Location and Point of

Diversion: Reservoir location: A dam axis located in Section 36, T9N, R71W, 6th P.M., Larimer County,

Colorado, being more particularly described as follows: Considering the West line of the Northwest 1/4 of

said Section 36 as bearing North 04° 32' 13" West as determined by solar observation, and with all bearings

contained herein relative thereto: Beginning at the Northwest corner of the Northwest 1/4 of said Section

36; thence South 63° 45' 28" East 1937.95 feet to a point on the centerline of said dam with axis bearing

North 53° 57' 35" East. Point of diversion: Intake “Y”. An intake point located in Section 31, T9N, R70W,

6th P.M., Larimer County, Colorado, being more particularly described as follows: Considering the South

line of the Southwest Quarter of said Section 31 as being North 89°51'00" East and with all bearings

contained herein relative thereto: Beginning at the Southwest corner of said Section 31; thence along the

South line of the Southwest Quarter of said Section 31 North 89° 51' 00" East 1427.89 feet; thence departing

said South line North 00° 09" 00" West 499.20 feet to said intake point. iii. Alternate Storage Location:

Glade Forebay Reservoir: A forebay reservoir located in the Southeast 1/4 of Section 11, Township 8 North,

Range 70 West of the 6th P.M, in Larimer County, Colorado. iv. Alternate Points of Diversion: Poudre

Valley Canal Diversion: The Poudre Valley Canal Diversion is located on the Cache la Poudre River at a

point 1,000 feet north of the south section line and 150 feet east of the west section line in the Southwest

quarter of Section 10, Township 8 North, Range 70 West, 6th P.M. Water would be conveyed through an

enlarged Poudre Valley Canal for a distance of approximately 10,800 feet to the Glade Reservoir Forebay.

Water would then be pumped from the forebay into Glade Reservoir. North Poudre Supply Canal Diversion

Works: The North Poudre Supply Canal Diversion is located on the Cache la Poudre River at a point 1,900

feet south of the north section line and 2,100 feet west of the east section line in the Northeast quarter of

Section 5, Township 8 North, Range 70 West, 6th P.M. Water would be conveyed through the North Poudre

Supply Canal for a distance of approximately 19,400 feet to the Glade Reservoir forebay. The water would

then be pumped into Glade Reservoir. Pursuant to the decree entered in Case No. 03CW405, the total

combined rate of diversion at the alternate points of diversion is 3,000 cfs. v. Source: Cache La Poudre

River and its tributaries, all of said waters being tributary to the South Platte River. vi. Amount claimed:

675 acre-feet, conditional. vii. Appropriation date: May 2, 1980. viii. Uses: irrigation, municipal, domestic,

29

industrial and production of electrical power and energy. C. Pursuant to the decrees entered in Case Nos.

89CW122 and 03CW405, the storage volumes decreed to the Grey Mountain Dam and Reservoir water

right and the Cache la Poudre Forebay Dam and Reservoir water right may not be separately aggregated.

The cumulative annual volume of total storage under those rights is limited to the total volume decreed to

the Grey Mountain Dam and Reservoir water right, 220,000 acre-feet. Cumulative annual storage of water

under CLPWUA’s portion of the Subject Water Rights pursuant to the Partition Agreement is limited to

27,500 acre-feet. 4. Support for Application for Diligence: Since the last diligence decree was entered in

2013, and the severance of the Subject Water Rights from Northern’s 7/8th interest on October 10, 2014,

CLPWUA has engaged in various diligence activities which include but are not limited to continued

planning, permitting, engineering, and modeling efforts related to the development of new storage facilities

and/or utilization of existing storage facilities within the Poudre Basin for storage of the Subject Water

Rights. To this end, CLPWUA and certain of its members have continued efforts related to developing a

supplemental storage project referred to as the Grey Mountain Alternate Point Project (“GAPP”) whereby

the Subject Water Rights may be stored in certain of CLPWUA members’ existing or proposed storage

reservoirs located within the Cache la Poudre River Basin as additional alternate places of storage, including

storage of water attributable to the Subject Water Rights in the proposed. CLPWUA has been in extensive

discussions with the City of Fort Collins and the City of Greeley (“Cities”), which are CLPWUA members,

concerning the use of the Subject Water Rights as a source of water in their municipal water supply systems,

including the Halligan Water Supply Project and the Seaman Water Supply Project. With the permission

of CLPWUA, both Cities have modelled the use of the Subject Water Rights as part of the federal and state

permitting process for their respective projects. To the extent not used as a source of water for the Cities’

municipal water supply systems, CLPWUA is continuing to pursue the GAPP and will use water

attributable to the Subject Water Rights as a supplemental source of water to CLPWUA members for all

decreed uses by utilizing capacity in existing reservoirs. CLPWUA is continuing to investigate and model

the availability of water and amounts of water which may be stored in existing reservoirs under the Subject

Water Rights without impacting the use of such existing reservoirs’ senior water rights. CLPWUA has a

preliminary agreement with certain members concerning the use of the members’ reservoirs in the GAPP

Project and is presently in discussions with others members that are owners of reservoirs which may

participate in the proposed project. CLPWUA also claims the activities and expenditure related to the

severance of the conditional water rights, as well as Northern Water’s diligence activities and expenditures

that occurred during the diligence period prior to the severance of the conditional water rights as proof of

diligence. Additionally, during the diligence period the CLPWUA has been an opposer in over 90 cases

before the District Court for Water Division 1 for the purpose of protecting the water rights of its members

and the Subject Water Rights, and has expended at least $875,000 on legal and engineering fees related to

said cases. The CLPWUA may offer additional and/or supplemental diligence information at trial in this

case. 5. The 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 is attached

as Appendix A to this Application. 9 Pages.

19CW3170, TJP Living Trust dated February 28, 2008 and CML Revocable Living Trust dated

March 14, 2008, 740 W. Wolfensberger Road, Castle Rock, CO 80109 (James Petrock, Petrock

Fendel Poznanovic, P.C., 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR PLAN FOR

AUGMENTATION, DOUGLAS COUNTY. Amounts and Decree information: Applicants are the owners

of 25 acre-feet per year of not nontributary Denver aquifer groundwater, 12.5 acre-feet per year of

nontributary Arapahoe aquifer groundwater , and 12.5 acre-feet per year of nontributary Laramie-Fox Hills

aquifer groundwater, decreed in Case No. 03CW288, on June 17, 2004. The groundwater will be used on

36.5 acres which is part of the decree and generally located in the NW1/4 of Section 16 and the SW1/4 of

Section 9, T8S, R67W, Douglas County, Colorado, as described and shown on Attachment A hereto

(Subject Property). Description of plan for augmentation: Groundwater to be augmented: 25 acre-feet per

year of not nontributary Denver aquifer groundwater as decreed in Case No. 03CW288. Water rights to be

30

used for augmentation: Return flows from the use of not nontributary Denver aquifer groundwater and

return flows and direct discharge of nontributary groundwater underlying the Subject Property as also

decreed in Case No. 03CW288. Statement of plan for augmentation: The Denver aquifer groundwater will

be used for domestic, including in-house use, commercial use in a stable operation, irrigation,

stockwatering, and fire protection. Applicants reserve the right to revise the proposed uses without having

to amend or republish this application. Sewage treatment for in-house and commercial use will be provided

by non-evaporative septic systems. Return flows associated with in-house and commercial use will be

approximately 90% of that use and return flow from irrigation use will be approximately 15% of that use.

During pumping Applicant will replace an amount equal to 4% of the annual amount withdrawn to the

stream system pursuant to Section 37-90-137(9)(c.5), C.R.S., Return flows from in-house, commercial, and

irrigation use will accrue to the South Platte River system via East Plum Creek and those return flows are

sufficient to replace the required amount annually while the subject groundwater is being pumped. An

equal amount of nontributary groundwater as decreed in Case No. 03CW288 will be reserved to meet post-

pumping augmentation requirements. Further, Applicants pray that this Court grant the application and for

such other relief as seems proper in the premises. (5 pages).

19CW3171 THE CITY OF ENGLEWOOD, Dave Chapman, Water Production Administrator, 1000

Englewood Parkway, Englewood, CO 80110-0110, (303) 762-2636, Peter D. Nichols, Geoffrey M.

Williamson, Patrick M. Haines, Megan Gutwein, Berg Hill Greenleaf Ruscitti LLP, 1712 Pearl Street,

Boulder, CO 80302, (303) 402-1600. APPLICATION FOR FINDING REASONABLE DILIGENCE

AND TO MAKE ABSOLUTE, in DOUGLAS, ARAPAHOE AND JEFFERSON COUNTIES,

COLORADO. 2. Summary of Application: Englewood is a municipal corporation of the State of Colorado.

Englewood owns and operates municipal water and sewer utility systems for the benefit of its citizens, and

for the provision of water and sewer service contracts. Through this Application, Englewood seeks a

finding of reasonable diligence on the balance of the McBroom Municipal Intake conditional water right,

originally decreed in Case No. 89CW063 on March 29, 1994 and made partially absolute in Case No.

00CW45, Water Division 1. Englewood also seeks to make partially absolute the McBroom Municipal

Intake water right. 3. Names of Structures: McBroom Municipal Intake. 4. Description of Conditional

Water Right: 4.1. McBroom Municipal Intake. 4.1.1. Original and Subsequent Decrees: March 29, 1994,

Case No. 89CW063, District Court, Water Division No. 1, as amended by decree dated April 8, 2003;

February 7, 2007, Case No. 00CW045, District Court, Water Division No. 1 (7.63 cfs made absolute; 8.37

cfs continued conditional); August 29, 2013, Case No. 13CW022, District Court, Water Division No. 1

(finding of reasonable diligence). 4.1.2. Location: A point on the south side of Bear Creek in the NE 1/4

of Section 6, Township 5 South, Range 68 West of the 6th P.M. The McBroom Ditch headgate that currently

occupies this site is a decreed point of diversion for the McBroom Ditch water right, decreed February 4,

1884, in Arapahoe County District Court. See Exhibit A. 4.1.3. Source: Bear Creek, a tributary of the

South Platte River. 4.1.4. Appropriation Date: March 20, 1989. 4.1.5. Amount: 16 cfs TOTAL, with 7.63

cfs ABSOLUTE pursuant to the final decree in Case No. 00CW045, and 8.37 cfs remaining

CONDITIONAL. Englewood now claims an additional 7.06 cfs as absolute as described in paragraph 6

below. 4.1.6. Use: Direct flow, storage, or direct flow and storage, for municipal, domestic, industrial,

commercial, irrigation (including watering of parks, lawns, and gardens), stock watering, recreational, fish

and wildlife propagation and maintenance, manufacturing, fire protection, sewage treatment and street

sprinkling within the South Platte River drainage in Water Division 1. In addition to the foregoing uses,

such water may be used for exchange purposes and for augmentation purposes. 4.1.7. Place of Use: The

service area of Englewood as it presently exists and as it may exist in the future, including any lands to

which Englewood provides water for municipal purposes under an existing or future contract of supply.

4.1.8. Storage Structures: 4.1.8.1. The four existing ponds at the Englewood Municipal Golf Course, the

combined capacity of which is approximately 50 acre feet. 4.1.8.2. The gravel pit lake (a/k/a Centennial

Lake), the proposed location and capacity of which are described with particularity in the decree entered in

Case No. 90CW221. 4.1.8.3. McLellan Reservoir, which is described with particularity in the decree in

Case No. CA3635 in the District Court for Douglas County, the capacity of which is approximately 6,000

31

acre feet. 5. Diligence Activities: 5.1. Integrated System: The McBroom Municipal Intake right is a

component of the integrated system that Englewood operates to provide itself and its customers with water

for all municipal purposes. Accordingly, the following listed items represent system wide projects and

work that have been completed or are in the process of being completed during the diligence period

pertaining to the McBroom Municipal Intake. This list is not meant to be exclusive. 5.1.1. Englewood

expended $76,268 to remove and trim trees that interfered with its water system. 5.1.2. Englewood

expended $16,000 to install pipe on City Ditch, and an additional $23,216.00 to repair the City Ditch pipe

at Euclid. 5.1.3. Englewood expended $397,000 to replace granulated activated carbon filter media on

filters 3, 4, and 5. 5.1.4. Englewood expended $6,200 to renew its SCADA software license. 5.1.5.

Englewood expended $22,750 to replace the variable frequency drive for backwash pump #1. 5.1.6.

Englewood expended $25,500 to rebuild river pump #1. 5.1.7. Englewood expended $22,000 to purchase

and install seven new turbidimeters for process controls at the water plant. 5.1.8. Englewood expended

$3,200 on preventative maintenance on washwater pumps. 5.1.9. Englewood engaged water resource

engineers to protect and enhance Englewood’s water rights and participated in numerous Water Court cases

to protect the quality and quantity of the water rights decreed in Case No. 89CW063 and its other water

rights from injury by other parties. Englewood filed diligence applications on other conditional decrees

that are part of its integrated system. 5.1.10. Englewood has directed its technical water consultants to

create a water right master supply plan that includes the McBroom Municipal Intake water right, and work

on the water right master supply plan began in 2018. 5.2. Project Specific Activities: The following listed

items are specific projects and work that have been completed or are in the process of being completed

pertaining in whole or in part to the McBroom Municipal Intake. This list is not meant to be exclusive.

5.2.1. Englewood expended $2,000 to install a stairway at Union Avenue Reservoir for collecting samples

from the McBroom pipeline. 5.2.2. Englewood expended $35,100 to repair the McBroom pipeline. 5.2.3.

Englewood expended $3,375 to install fencing around the McBroom Ditch headgate. 5.2.4. Englewood

expended $1,400 to purchase a boom for the McBroom Ditch diversion from Bear Creek. 6. Application

to Make Absolute: 6.1. Englewood requests that a portion of the McBroom Municipal Intake be made

absolute and further requests a finding of diligence for any amount not made absolute. During the period

following the Water Court’s entry of a decree for this water right, Applicant has placed the water to

beneficial use, as shown in the attached Exhibit B. 6.1.1. Date: September 30, 2013. 6.1.2. Amount: 7.06

cfs, for a total of 14.69 cfs absolute and 1.31 cfs remaining conditional. 6.1.3. Use: The decreed beneficial

uses. 6.1.4. Place of Use: Englewood diverted the water at a rate of 14.69 cfs from Bear Creek under the

decree entered in Case No. 89CW063, and applied the water to the decreed beneficial uses identified above

at the place of use identified in Exhibit C. WHEREFORE, Englewood respectfully requests the Court to

enter findings and a decree confirming that: 1) Englewood has exercised diligence toward completion of

the appropriation for the decreed uses and continuing the subject conditional water right in full force and

effect for another six-year diligence period; and 2) Englewood has placed 14.69 cfs of the McBroom

Municipal Intake water right to its decreed beneficial uses, thereby making an additional 7.06 cfs of water

absolute and continuing the remaining 1.31 cfs as conditionally decreed in Case No. 89CW063. Number

of pages in Application: 10, including 3 exhibits.

19CW3172 THE CITY OF ENGLEWOOD, Dave Chapman, Water Production Administrator, 1000

Englewood Parkway, Englewood, CO 80110-0110, (303) 762-2636, Peter D. Nichols, Geoffrey M.

Williamson, Patrick M. Haines, Megan Gutwein, Berg Hill Greenleaf Ruscitti LLP, 1712 Pearl Street,

Boulder, CO 80302, (303) 402-1600. APPLICATION FOR FINDING REASONABLE DILIGENCE

AND TO MAKE ABSOLUTE, in DOUGLAS, ARAPAHOE AND JEFFERSON COUNTIES,

COLORADO. 2. Summary of Application: Englewood is a municipal corporation of the State of Colorado.

Englewood owns and operates municipal water and sewer utility systems for the benefit of its citizens, and

for the provision of water and sewer service contracts. Through this Application, Englewood seeks a

finding of reasonable diligence on the balance of the McBroom Municipal Intake conditional water right,

originally decreed in Case No. 89CW063 on March 29, 1994 and made partially absolute in Case No.

00CW45, Water Division 1. Englewood also seeks to make partially absolute the McBroom Municipal

32

Intake water right. 3. Names of Structures: McBroom Municipal Intake. 4. Description of Conditional

Water Right: 4.1. McBroom Municipal Intake. 4.1.1. Original and Subsequent Decrees: March 29, 1994,

Case No. 89CW063, District Court, Water Division No. 1, as amended by decree dated April 8, 2003;

February 7, 2007, Case No. 00CW045, District Court, Water Division No. 1 (7.63 cfs made absolute; 8.37

cfs continued conditional); August 29, 2013, Case No. 13CW022, District Court, Water Division No. 1

(finding of reasonable diligence). 4.1.2. Location: A point on the south side of Bear Creek in the NE 1/4

of Section 6, Township 5 South, Range 68 West of the 6th P.M. The McBroom Ditch headgate that currently

occupies this site is a decreed point of diversion for the McBroom Ditch water right, decreed February 4,

1884, in Arapahoe County District Court. See Exhibit A. 4.1.3. Source: Bear Creek, a tributary of the

South Platte River. 4.1.4. Appropriation Date: March 20, 1989. 4.1.5. Amount: 16 cfs TOTAL, with 7.63

cfs ABSOLUTE pursuant to the final decree in Case No. 00CW045, and 8.37 cfs remaining

CONDITIONAL. Englewood now claims an additional 7.06 cfs as absolute as described in paragraph 6

below. 4.1.6. Use: Direct flow, storage, or direct flow and storage, for municipal, domestic, industrial,

commercial, irrigation (including watering of parks, lawns, and gardens), stock watering, recreational, fish

and wildlife propagation and maintenance, manufacturing, fire protection, sewage treatment and street

sprinkling within the South Platte River drainage in Water Division 1. In addition to the foregoing uses,

such water may be used for exchange purposes and for augmentation purposes. 4.1.7. Place of Use: The

service area of Englewood as it presently exists and as it may exist in the future, including any lands to

which Englewood provides water for municipal purposes under an existing or future contract of supply.

4.1.8. Storage Structures: 4.1.8.1. The four existing ponds at the Englewood Municipal Golf Course, the

combined capacity of which is approximately 50 acre feet. 4.1.8.2. The gravel pit lake (a/k/a Centennial

Lake), the proposed location and capacity of which are described with particularity in the decree entered in

Case No. 90CW221. 4.1.8.3. McLellan Reservoir, which is described with particularity in the decree in

Case No. CA3635 in the District Court for Douglas County, the capacity of which is approximately 6,000

acre feet. 5. Diligence Activities: 5.1. Integrated System: The McBroom Municipal Intake right is a

component of the integrated system that Englewood operates to provide itself and its customers with water

for all municipal purposes. Accordingly, the following listed items represent system wide projects and

work that have been completed or are in the process of being completed during the diligence period

pertaining to the McBroom Municipal Intake. This list is not meant to be exclusive. 5.1.1. Englewood

expended $76,268 to remove and trim trees that interfered with its water system. 5.1.2. Englewood

expended $16,000 to install pipe on City Ditch, and an additional $23,216.00 to repair the City Ditch pipe

at Euclid. 5.1.3. Englewood expended $397,000 to replace granulated activated carbon filter media on

filters 3, 4, and 5. 5.1.4. Englewood expended $6,200 to renew its SCADA software license. 5.1.5.

Englewood expended $22,750 to replace the variable frequency drive for backwash pump #1. 5.1.6.

Englewood expended $25,500 to rebuild river pump #1. 5.1.7. Englewood expended $22,000 to purchase

and install seven new turbidimeters for process controls at the water plant. 5.1.8. Englewood expended

$3,200 on preventative maintenance on washwater pumps. 5.1.9. Englewood engaged water resource

engineers to protect and enhance Englewood’s water rights and participated in numerous Water Court cases

to protect the quality and quantity of the water rights decreed in Case No. 89CW063 and its other water

rights from injury by other parties. Englewood filed diligence applications on other conditional decrees

that are part of its integrated system. 5.1.10. Englewood has directed its technical water consultants to

create a water right master supply plan that includes the McBroom Municipal Intake water right, and work

on the water right master supply plan began in 2018. 5.2. Project Specific Activities: The following listed

items are specific projects and work that have been completed or are in the process of being completed

pertaining in whole or in part to the McBroom Municipal Intake. This list is not meant to be exclusive.

5.2.1. Englewood expended $2,000 to install a stairway at Union Avenue Reservoir for collecting samples

from the McBroom pipeline. 5.2.2. Englewood expended $35,100 to repair the McBroom pipeline. 5.2.3.

Englewood expended $3,375 to install fencing around the McBroom Ditch headgate. 5.2.4. Englewood

expended $1,400 to purchase a boom for the McBroom Ditch diversion from Bear Creek. 6. Application

to Make Absolute: 6.1. Englewood requests that a portion of the McBroom Municipal Intake be made

absolute and further requests a finding of diligence for any amount not made absolute. During the period

33

following the Water Court’s entry of a decree for this water right, Applicant has placed the water to

beneficial use, as shown in the attached Exhibit B. 6.1.1. Date: September 30, 2013. 6.1.2. Amount: 7.06

cfs, for a total of 14.69 cfs absolute and 1.31 cfs remaining conditional. 6.1.3. Use: The decreed beneficial

uses. 6.1.4. Place of Use: Englewood diverted the water at a rate of 14.69 cfs from Bear Creek under the

decree entered in Case No. 89CW063, and applied the water to the decreed beneficial uses identified above

at the place of use identified in Exhibit C. WHEREFORE, Englewood respectfully requests the Court to

enter findings and a decree confirming that: 1) Englewood has exercised diligence toward completion of

the appropriation for the decreed uses and continuing the subject conditional water right in full force and

effect for another six-year diligence period; and 2) Englewood has placed 14.69 cfs of the McBroom

Municipal Intake water right to its decreed beneficial uses, thereby making an additional 7.06 cfs of water

absolute and continuing the remaining 1.31 cfs as conditionally decreed in Case No. 89CW063. Number

of pages in Application: 10, including 3 exhibits.

19CW3173 The Groundwater Management Subdistrict of the Central Colorado Water Conservancy

District, 3209 West 28th Street, Greeley, CO 80631. Please send correspondence and pleadings to: David

P. Jones, Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO

80534. (970) 622-8181; david@ljcglaw.com. APPLICATION TO MAKE WATER RIGHTS ABSOLUTE

IN PART AND FOR FINDINGS OF REASONABLE DILIGENCE, in ADAMS, LARIMER, MORGAN

AND WELD COUNTIES. 2. Conditional Water Rights. The conditional water rights are 22 wells decreed

pursuant to §37-92-103(14)(a) C.R.S. in Case No. 02CW335 (Decree) dated June 3, 2005. The use for each

water right is augmentation and replacement of well depletions and return flow obligations. All wells are

used under the terms of the decrees in Case Nos. 02CW335 and 03CW99 except CGMS Wells No. 63753-

F and 63758-F which are decreed for use only pursuant to Case No. 02CW335. The source for each water

right is groundwater tributary to the South Platte River. The wells as originally decreed are described below.

2.1. CGMS Well No. 59951-F (WDID 208505). 2.1.1. In the SW1/4 SE1/4, Section 16, Township 4 North,

Range 66 West of the 6th P.M., Weld County, Colorado, approximately 75 feet North and 1580 feet West

from the Southeast corner of said section. 2.1.2. Appropriation. September 30, 2003. 2.1.3. Amount. 1397

g.p.m., conditional. 2.2. CGMS Well No. 59952-F (WDID 207977). 2.2.1. In the SW1/4 NE1/4, Section

21, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado, approximately 2606 feet

South and 2378 feet West from the Northeast corner of said section. 2.2.2. Appropriation. September 30,

2003. 2.2.3. Amount. 745 g.p.m., conditional. 2.3. CGMS Well No. 59953-F (WDID 207976). 2.3.1. In the

NE1/4 SW1/4, Section 21, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado,

approximately 1350 feet North and 1600 feet East from the Southwest corner of said section. 2.3.2.

Appropriation. September 30, 2003. 2.3.3. Amount. 1001 g.p.m., conditional. 2.4. CGMS Well No. 59954-

F (WDID 207097). 2.4.1. In the SW1/4 SW1/4, Section 15, Township 4 North, Range 66 West of the 6th

P.M., Weld County, Colorado, approximately 158 feet North and 148 feet East from the Southwest corner

of said section. 2.4.2. Appropriation. September 30, 2003. 2.4.3. Amount. 1096 g.p.m., conditional. 2.5.

CGMS Well No. 59955-F (WDID 207726). 2.5.1. In the NE1/4 NW1/4, Section 13, Township 4 North,

Range 66 West of the 6th P.M., Weld County, Colorado, approximately 566 feet South and 1712 feet East

from the Northwest corner of said section. 2.5.2. Appropriation. September 30, 2003. 2.5.3. Amount. 1200

g.p.m., conditional. 2.6. CGMS Well No. 59956-F (WDID 205171). 2.6.1. In the SW1/4 NE1/4, Section

29, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado, approximately 2153 feet

South and 2241 feet West from the Northeast corner of said section. 2.6.2. Appropriation. September 30,

2003. 2.6.3. Amount. 838 g.p.m., conditional. 2.7. CGMS Well No. 59957-F (WDID 207165). 2.7.1. In the

SW1/4 NW1/4, Section 12, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado,

approximately 2569 feet South and 143 feet East from the Northwest corner of said section. 2.7.2.

Appropriation. September 30, 2003. 2.7.3. Amount. 798 g.p.m., conditional. 2.8. CGMS Well No. 63761-

F (WDID 206688) 2.8.1. In the NW1/4 SW1/4, Section 13, Township 4 North, Range 66 West of the 6th

P.M., Weld County, Colorado, approximately 1587 feet North and 53 feet East from the Southwest corner

of said section. 2.8.2. Appropriation. September 30, 2003. 2.8.3. Amount. 1150 g.p.m., conditional. 2.9.

CGMS Well No. 63759-F (WDID 206704) 2.9.1. In the SE1/4 SW1/4, Section 21, Township 4 North,

34

Range 66 West of the 6th P.M., Weld County, Colorado, approximately 800 feet North and 1600 feet East

from the Southwest corner of said section. 2.9.2. Appropriation. September 30, 2003. 2.9.3. Amount. 1100

g.p.m., conditional. 2.10. CGMS Well No. 63760-F (WDID 208449) 2.10.1. In the SW1/4 NW1/4, Section

13, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado, approximately 2467 feet

South and 350 feet East from the Northwest corner of said section. 2.10.2. Appropriation. September 30,

2003. 2.10.3. Amount. 900 g.p.m., conditional. 2.11. CGMS Well No. 63747-F (WDID 208577) 2.11.1. In

the SW1/4 SW1/4, Section 29, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado,

approximately 30 feet North and 30 feet East from the Southwest corner of said section. 2.11.2.

Appropriation. September 30, 2003. 2.11.3. Amount. 1022 g.p.m., conditional. 2.12. CGMS Well No.

63748-F (WDID 207164) 2.12.1. In the SW1/4 NW1/4, Section 12, Township 4 North, Range 66 West of

the 6th P.M., Weld County, Colorado, approximately 2212 feet South and 62 feet East from the Northwest

corner of said section. 2.12.2. Appropriation. September 30, 2003. 2.12.3. Amount. 1102 g.p.m.,

conditional. 2.13. CGMS Well No. 63749-F (WDID 206105) 2.13.1. In the SW1/4 SW1/4, Section 11,

Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado, approximately 143 feet North

and 66 feet East from the Southwest corner of said section. 2.13.2. Appropriation. September 30, 2003.

2.13.3. Amount. 1075 g.p.m., conditional. 2.14. CGMS Well No. 63750-F (WDID 207979) 2.14.1. In the

SE1/4 SE1/4, Section 16, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado,

approximately 509 feet North and 1251 feet West from the Southeast corner of said section. 2.14.2.

Appropriation. September 30, 2003. 2.14.3. Amount. 1199 g.p.m., conditional. 2.15. CGMS Well No.

510142-H (WDID 207098) 2.15.1. In the SW1/4 SW1/4, Section 15, Township 4 North, Range 66 West of

the 6th P.M., Weld County, Colorado, approximately 340 feet North and 94 feet East from the Southwest

corner of said section. 2.15.2. Appropriation. September 30, 2003. 2.15.3. Amount. 997 g.p.m., conditional.

2.16. CGMS Well No. 63752-F (WDID 207968) 2.16.1. In the NE1/4 SW1/4, Section 13, Township 4

North, Range 66 West of the 6th P.M., Weld County, Colorado, approximately 2680 feet South and 1370

feet East from the Northwest corner of said section. 2.16.2. Appropriation. September 30, 2003. 2.16.3.

Amount. 997 g.p.m., conditional. 2.17. CGMS Well No. 63753-F (WDID 207626). 2.17.1. In the SW1/4

NW1/4, Section 21, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado,

approximately 2776 feet North and 527 feet East from the Southwest corner of said section. 2.17.2.

Appropriation. September 30, 2003. 2.17.3. Amount. 1221 g.p.m., conditional (for use in Case No.

02CW335). 2.18. CGMS Well No. 63754-F (WDID 208536). 2.18.1. In the NE1/4 SW1/4, Section 29,

Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado, approximately 2320 feet North

and 2517 feet East from the Southwest corner of said section. 2.18.2. Appropriation. September 30, 2003.

2.18.3. Amount. 1369 g.p.m., conditional. 2.19. CGMS Well No. 510142-M (WDID 208579). 2.19.1. In

the SE1/4 SW1/4, Section 29, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado,

approximately 727 feet North and 1799 feet East from the Southwest corner of said section. 2.19.2.

Appropriation. September 30, 2003. 2.19.3. Amount. 997 g.p.m., conditional. 2.20. CGMS Well No.

63756-F (WDID 206104). 2.20.1. In the SW1/4 SE1/4, Section 15 Township 4 North, Range 66 West of

the 6th P.M., Weld County, Colorado, approximately 563 feet North and 1938 feet West from the Southeast

corner of said section. 2.20.2. Appropriation. September 30, 2003. 2.20.3. Amount. 750 g.p.m., conditional.

2.21. CGMS Well No. 63757-F (WDID 206108). 2.21.1. In the NW1/4 SE1/4, Section 15, Township 4

North, Range 66 West of the 6th P.M., Weld County, Colorado, approximately 1770 feet North and 1938

feet West from the Southeast corner of said section. 2.21.2. Appropriation. September 30, 2003. 2.21.3.

Amount. 1199 g.p.m., conditional. 2.22. CGMS Well No. 63758-F (WDID 206815). 2.22.1. In the SW1/4

SW1/4, Section 21, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado,

approximately 1019 feet North and 1379 feet East from the Southwest corner of said section. 2.22.2.

Appropriation. September 30, 2003. 2.22.3. Amount. 1212 g.p.m., conditional (for use in Case No.

02CW335). 3. Previous Diligence Decrees. Case No. 11CW95, dated August 20, 2013. 3.1. In Case No.

11CW95, water rights were made absolute and maintained as conditional as described in the following

table.

35

All other Wells listed in Paragraph 2 above were maintained as conditional. 4. Outline of What Has Been

Done Toward Completion. 4.1. During the diligence period water was diverted from many of the wells

listed in ¶2 above and was used for augmentation and replacement of out of priority depletions and return

flows pursuant to the terms of the Decree and the decree in Case No. 03CW99. Diversions exceeding

previous absolute amounts for such wells are described in the Table below.

4.2. During the diligence period Applicant made payments under its augmentation well agreements for use

of the above wells averaging approximately $14,000 annually. 4.3. During the diligence period, Applicants

took steps to insure its well meters were properly functioning, sought certification of meters as necessary

and in compliance with applicable rules for measurement and its decrees. 4.4. The water rights listed herein

is part of Central’s integrated system of water rights. In additional to the above project specific activities,

Central has operated and developed its integrated system during the diligence period, including its Plans

for Augmentation decreed in Case Nos. 02CW335 and 03CW99, and has retained legal counsel and

engineering consultants to assist in such operation and development. Central had filed and prosecuted

applications for the addition and removal of wells to and from these Plans. Central has acquired water rights

represented by shares in various ditch companies and has prosecuted applications changing those water

rights for use by Central in its Plans. Central has acquired various gravel pits and made capital

improvements for storage of water. Central has appropriated new water rights and has leased water rights

on a temporary basis for use in its Plans. Central has participated as an opposer in numerous water court

applications to protect its water rights. Central has prosecuted water court applications to perfect its water

rights as absolute and/or to maintain its conditionally decreed rights. Central has participated and expended

money on lobbying efforts on state legislation affecting water rights. 5. Claims To Make Absolute and for

Decreed Name WDID

Decreed

GPM

Absolute

GPM

Date

Absolute

Continued Conditional

GPM

CGMS Well No.

63761-F 20-6688 1150 1000 09/09/08 150

CGMS Well No.

63760-F 20-8449 900 800 9/4-10/08 100

CGMS Well No.

59955-F 20-7726 1200 1000 9/3, 6-7/08 200

CGMS Well No.

59957-F 20-7165 798 798 09/27/08 0

CGMS Well No.

63748-F 20-7164 1102 1000 08/02/08 102

CGMS Well No.

63749-F 20-6105 1075 1000 11/06/07 75

Decreed Name WDID

New

Pumping

New

Absolute

Date

Absolute

Remaining

Conditional GPM

CGMS Well No.

63761-F 20-6688 1105.99 1105.99 11/14/16 44.01

CGMS Well No.

63760-F 20-8449 900.00 900.00 9/9/13 0.00

CGMS Well No.

63747-F 20-8577 1022.00 1022.00 9/5/13 0.00

CGMS Well No.

63748-F 20-7164 1033.13 1033.13 11/6/18 68.87

CGMS Well No.

63749-F 20-6105 1075.00 1075.00 9/5/13 0.00

CGMS Well No.

510142-M 20-8579 997.00 997.00 9/9/13 0.00

36

Finding of Reasonable Diligence. Pursuant to §37-92-304 C.R.S., Applicant seeks to make the amounts

listed in the Table above in ¶4.1 absolute for augmentation and replacement of well depletions and return

flow obligations. Applicant seeks to continue as conditional appropriations the amounts listed as

conditional in the Table in ¶4.1. Applicant also seeks to continue the full conditional appropriations for all

the wells described in ¶2 but not listed in ¶4.1, and a finding that it has been reasonable diligent in

developing such rights. And, Applicant seeks such other relief as may be just and proper. The original

format of this application is seven (7) pages in length.

19CW3174 County of Boulder, a body corporate and politic, Parks and Open Space Department, c/o

Audrey Butler, Water Resource Program Supervisor, 5201 St. Vrain Road, Longmont, Colorado

80503, (303) 682-6775; abutler@bouldercounty.org. APPLICATION FOR FINDING OF

REASONABLE DILIGENCE in BOULDER COUNTY. Attorneys for Applicant: Alperstein & Covell,

P.C., Gilbert Y. Marchand, Jr., #19870, Cynthia F. Covell, #10169, Andrea L. Benson, #33176, 1600

Broadway, Suite 1070, Denver, Colorado 80202, phone: (303) 894-8191, fax: (303) 861-0420, e-mail:

gym@alpersteincovell.com, cfc@alpersteincovell.com, alb@alpersteincovell.com. 1. Name, mailing

address, e-mail address, and telephone number of applicant: County of Boulder, a body corporate and

politic (“Applicant”), Parks and Open Space Department, c/o Audrey Butler, Water Resource Program

Supervisor, 5201 St. Vrain Road, Longmont, Colorado 80503, (303) 682-6775;

abutler@bouldercounty.org. 2. Name of structure: Boulder County Fairgrounds Reservoir Inlet Ditch.

3. The decree for the Boulder County Fairgrounds Reservoir Inlet Ditch was entered on February 10, 1989

by the District Court, Water Division No. 1, in Case No. 86CW400. Subsequent decrees awarding findings

of diligence were entered by the Court on November 25, 1998 in Case No. 94CW242, on September 27,

2005 in Case No. 04CW291, and on August 29, 2013 in Case No. 11CW184. 4. Legal description from

the most recent decree that adjudicated the location: Boulder County Fairgrounds Reservoir Inlet Ditch

receives water from Beckwith Ditch which diverts from St. Vrain Creek in the SE1/4NW1/4, Section 5,

Township 2 North, Range 69 West, 6th P.M., Boulder County, at a point approximately 2,250 feet South

of the North line and 2,210 feet East of the West line, Section 5. A map illustrating the locations of these

structures is attached to the application filed with the Court. 5. Source: St. Vrain Creek. 6. Date of

appropriation: October 15, 1986. 7. Amount: 5 cubic feet per second (“cfs”), of which 2.0 cfs was

made absolute by the decree entered on August 29, 2013 in Case No. 11CW184 and 3.0 cfs remains

conditional. 8. Uses: Recreational, including boating, fishing and fish propagation; agricultural, including

irrigation of approximately 80 acres in the SW1/4SW1/4, Section 4, Township 2 North, Range 69 West,

and the W1/2NW1/4, Section 9, Township 2 North, Range 69 West, 6th P.M., Boulder County. This

acreage is depicted in the map attached to the application. 9. Provide a detailed outline of what has been

done toward completion or for completion of the appropriation and application of water to a

beneficial use as conditionally decreed, including expenditures, during the subject diligence period.

During the subject diligence period from September 2013 through August 2019, Applicant performed the

following activities showing diligence toward completion of the appropriation. Applicant incurred roughly

1,200 labor hours maintaining water infrastructure, trails, and landscaping at and adjacent to Fairgrounds

Reservoir; continued to pay assessments associated with its ownership of 1.66 Beckwith Ditch shares that

have historically irrigated the land around Fairgrounds Reservoir; made improvements to the trail and

landscaping adjacent to the Reservoir; improved wildlife habitat around the Reservoir, including improving

an osprey nest and improving wetlands habitat; incurred legal consultation fees toward maintaining

diligence on the remaining conditional portion of the water right. 10. Names(s) and address(es) of

owner(s) or reputed owners of the land upon which any new diversion or storage structure, or

modification to any existing diversion or storage structure is or will be constructed or upon which

water is or will be stored, including any modification to the existing storage pool: Not applicable.

WHEREFORE, Applicant requests the court to enter a decree finding that diligence has been shown

toward the completion of the remaining conditional portion of the appropriation associated with the Boulder

County Fairgrounds Reservoir Inlet Ditch; continuing said water right in full force and effect; and granting

such other relief as the court deems proper under the circumstances.

37

AMENDMENTS

17CW3104 GROVES FARMS AND RIVERVIEW FARMS, LLC, c/o Mike Groves, 21020 Rd. 6.5,

Weldona, Colorado 80653. Please send all correspondence to: Vranesh and Raisch, LLP, c/o Stuart B.

Corbridge, 5303 Spine Road, Suite 202, Boulder, CO 80301. SECOND AMENDED APPLICATION

FOR ADJUDICATION OF CONDITIONAL UNDERGROUND WATER RIGHTS AND TO ADD

WELLS TO AUGMENTATION PLAN DECREED IN CASE NO. 2004CW81 IN MORGAN AND

WELD COUNTIES. 2. Summary of Application History and Second Amendment: Applicants operate a

plan for augmentation (“04CW81 Plan”) pursuant to the decree entered in Case No. 2004CW81 on

November 24, 2014 (“04CW81 Decree”). Paragraph 50.3 of the 04CW81 Decree allows the addition of

new wells to the 04CW81 Plan through the filing of a water court application. On July 31, 2017, Applicants

filed with the Water Court for Water Division 1 an Application for Adjudication of Conditional

Underground Water Right and to Add Well to Augmentation Plan Decreed in Case No. 2004CW81. On

October 31, 2017, Applicants filed with the Water Court the First Amended Application for Adjudication

of Conditional Underground Water Rights and to Add Wells to Augmentation Plan Decreed in Case No.

2004CW81. By this second amended application Applicants seek to: 1) add a claim to adjudicate a ground

water right for a third new well to be located on property in Morgan County that is owned and/or used by

Applicants; and 2) add that third well as an augmented structure under the 04CW81 Plan as described in

the 04CW81 Decree. This second amended application includes the claims for Groves Barker Well 1 and

Groves Barker Well 2 as described in the first amended application and also the claims for the third well,

Groves Barker Well 3, as described below. The property owned and/or used by Applicants is shown on

Exhibit 1 to this second amended application, and is generally located in portions of the SW1/4 of Section

23, the NW1/4 of Section 26, and the NE1/4 of Section 27, all in Township 5 North, Range 60 West, 6th

P.M., Morgan County, Colorado. UNDERGROUND WATER RIGHTS 3. Name of well and permit or

registration number: 3.1 Groves Barker Well 1 (Permit No. 81729-F): 3.1.1 Legal description: SE1/4

NW1/4 of Section 26, Township 5 North, Range 60 West, 6th P.M., approximately 1,915 feet from the north

section line and 2,010 feet from the west section line. NAD 83, Zone 13, Northing: 4469659, Easting:

579511 (Information obtained from hand-held GPS unit) 3.1.2 Source: Ground water tributary to the South

Platte River 3.1.3 Depth: 75 feet 3.1.4 Appropriation Date: July 31, 2017 3.1.4.1 How appropriation was

initiated: By determining the location of the well on July 24, 2017, filing a well permit application with the

State Engineer’s Office on July 31, 2017, and the filing of the original water court application. 3.1.4.2 Date

water applied to beneficial use: June 2018 3.1.5 Amount claimed: 3.1.5.1 1000 gpm (2.23 cfs), conditional

3.1.5.2 960 acre-feet annually, conditional 3.1.6 Augmentation: See paragraphs 5-8 below. 3.1.7 Uses:

Ground water diverted by Groves Barker Well 1 will be used for irrigation of up to 230 acres located in

portions of the SW1/4 of Section 23, the NW1/4 of Section 26, and the NE1/4 of Section 27, all in Township

5 North, Range 60 West, 6th P.M., Morgan County, Colorado. The location of the well and the irrigated

acres is shown on Exhibit 1. The well will be used as a supplemental source of irrigation water on the

described acreage. 3.2 Groves Barker Well 2 (Permit No. 82003-F): 3.2.1 Legal description: SE1/4 NW1/4

of Section 26, Township 5 North, Range 60 West, 6th P.M., approximately 2,260 feet from the north section

line and 2,290 feet from the west section line. NAD 83, Zone 13, Northing: 4469558, Easting: 579600

(Information obtained from hand-held GPS unit) 3.2.2 Source: Ground water tributary to the South Platte

River 3.2.3 Depth: 117 feet 3.2.4 Appropriation Date: October 31, 2017 3.2.4.1 How appropriation was

initiated: By determining the location of the well in early October 2017, filing a well permit application

with the State Engineer’s Office, and the filing of the first amended water court application. 3.2.4.2 Date

water applied to beneficial use: June 2018 3.2.5 Amount claimed: 3.2.5.1 1000 gpm (2.23 cfs), conditional

3.2.5.2 960 acre-feet annually, conditional 3.2.6 Augmentation: See paragraphs 5-8 below 3.2.7 Uses:

Ground water diverted by Groves Barker Well 2 will be used for irrigation of up to 230 acres located in

portions of the SW1/4 of Section 23, the NW1/4 of Section 26, and the NE1/4 of Section 27, all in Township

5 North, Range 60 West, 6th P.M., Morgan County, Colorado. The proposed location of the well and the

38

irrigated acres is shown on Exhibit 1. The well will be used as a supplemental source of irrigation water

on the described acreage. 3.3 Groves Barker Well 3 (No existing permit): 3.3.1 Legal description: SW1/4

NW1/4 of Section 26, Township 5 North, Range 60 West, approximately 2,580 feet from the north section

line and 300 feet from the west section line. NAD 83, Zone 13, Northing: 4469458, Easting: 578990

(Information obtained from Department of Water Resources Map Viewer) 3.3.2 Source: Ground water

tributary to the South Platte River 3.3.3 Depth, if completed: N/A (well not yet constructed) 3.3.4

Appropriation Date: August 30, 2019 3.3.4.1 How appropriation was initiated: By determining the location

of the well during the summer of 2019 and the filing of the second amended application. 3.3.4.2 Date water

applied to beneficial use: N/A 3.3.5 Amount claimed: 3.3.5.1 1000 gpm (2.23 cfs), conditional 3.3.5.2 960

acre-feet annually, conditional 3.3.6 Augmentation: See paragraphs 5-8 below. 3.3.7 Uses: Ground water

diverted by Groves Barker Well 3 will be used for irrigation of up to 230 acres located in portions of the

SW1/4 of Section 23, the NW1/4 of Section 26, and the NE1/4 of Section 27, all in Township 5 North,

Range 60 West, 6th P.M., Morgan County, Colorado. The location of the well and the irrigated acres is

shown on Exhibit 1. The well will be used as a supplemental source of irrigation water on the described

acreage.4. 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: 4.1 Groves

Barker Well 1, Groves Barker Well 2, and the proposed site for Groves Barker Well 3 are located on land

owned by Applicants, as described above. ADDITION OF WELLS TO AUGMENTATION PLAN

DECREED IN CASE NO. 2004CW81 5. Paragraph 50.3 of the 04CW81 Decree allows for the addition

of new wells to the 04CW81 Plan pursuant to the filing of a new water court application. That paragraph

requires any added well to be located on property in either Morgan County or Weld County that is owned

by the applicants in Case No. 04CW81. Groves Barker Well 1, Groves Barker Well 2, and Groves Barker

Well 3 satisfy this requirement. Applicants seek approval to add these three wells to the 04CW81 Plan, as

described in paragraphs 6 through 8 below. 6. Names of structures to be augmented: 6.1 Groves Barker

Well 1, described in paragraph 3.1 above. 6.2 Groves Barker Well 2, described in paragraph 3.2 above.

6.3 Groves Barker Well 3, described in paragraph 3.3 above. 7. Water rights to be used for augmentation:

The water rights to be used for augmentation are those water rights and water sources authorized for use as

replacement sources in the 04CW81 Plan, as described and authorized by the 04CW81 Decree. 8. Complete

statement of plan for augmentation: Diversions from Groves Barker Well 1, Groves Barker Well 2, and

Groves Barker Well 3 will cause depletions to the South Platte River. To the extent that those depletions

are out-of-priority, the purpose of including these wells in the 04CW81 Plan is to provide for replacement

of the out-of-priority depletions in time, location, and amount in accordance with the requirements and

terms and conditions of that plan as described in the 04CW81 Decree. The following information is relevant

to the addition of Groves Barker Well 1, Groves Barker Well 2, and Groves Barker Well 3 to the 04CW81

Plan: 8.1 Groves Barker Well 1 and Groves Barker Well 2 have been constructed and have been operated

pursuant to approved Substitute Water Supply Plans. Groves Barker Well 3 has not yet been constructed.

There are no depletions from pumping these wells that occurred prior to the filing of the original application

and the first amended application. Depletions from pumping the wells will be based on measured well

pumping using a totalizing flow meter or other approved measurement device on each well. 8.2 The

consumptive use factors for well pumping included in the 04CW81 Decree are as follows: 60% for well

water applied by flood irrigation; 80% for well water applied by sprinkler irrigation; and 100% for stock-

watering use. Applicants anticipate use of Groves Barker Well 1, Groves Barker Well 2, and Groves Barker

Well 3 by sprinkler irrigation, and propose a consumptive use factor for these wells of 80% of measured

pumping. 8.3 The monthly pumping of Groves Barker Well 1, Groves Barker Well 2, and Groves Barker

Well 3 will be multiplied by the decreed consumptive use factor for each well to arrive at the monthly

consumptive use of ground water by the wells. For plan accounting and operation purposes, the monthly

pumping volume will be pro-rated into a daily value. 8.4 The 04CW81 Decree calculates the timing and

amount of depletions from well pumping under the 04CW81 Plan using the AWAS Glover alluvial aquifer

method. Applicants will utilize this method to determine stream depletions from Groves Barker Well 1,

Groves Barker Well 2, and Groves Barker Well 3 using aquifer parameters developed for these wells based

39

on their actual or intended locations. Applicants’ engineering analysis for Groves Barker Well 1, Groves

Barker Well 2, and Groves Barker Well 3 is ongoing, and Applicants reserve the right to utilize the aquifer

parameters included in any final decree entered in this matter, as appropriate. The specific yield value (“S”)

for Groves Barker Well 1, Groves Barker Well 2, and Groves Barker Well 3 is proposed as 0.2. The pro-

rated daily consumptive use of ground water will be lagged using the decreed aquifer parameters for each

well and the AWAS Glover alluvial aquifer method as described in the 04CW81 Decree to determine the

timing of depletions to the South Platte River. 8.5 Groves Barker Well 1, Groves Barker Well 2, and

Groves Barker Well 3 will be included in the projection described in Paragraph 55 of the 04CW81 Decree,

will be incorporated into the accounting required by Paragraph 61 of the 04CW81 Decree, and will be

subject to the other applicable requirements of the 04CW81 Plan, the 04CW81 Decree, and any additional

terms imposed by the Court in a decree entered for this application. 9. 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: 9.1 Other than the addition of Groves Barker Well

1, Groves Barker Well 2, and Groves Barker Well 3 as augmented structures, no other changes to the

04CW81 Plan are sought by this application. The Applicants are the owners of the land upon which the

wells are located. 10. Wherefore, the Applicants request entry of a decree in this matter that: 1) adjudicates

new ground water rights for Groves Barker Well 1, Groves Barker Well 2, and Groves Barker Well 3 as

described in paragraph 3; and 2) adds Groves Barker Well 1, Groves Barker Well 2, and Groves Barker

Well 3 to the plan for augmentation described in the 04CW81 Decree. (10 pgs., 1 Exhibit)

THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY

WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED THE WATER RIGHTS CLAIMED

BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY 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 2019 (forms available on www.courts.state.co.us or in the Clerk’s office) and must be filed as

an Original and include $192.00 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.