district court, water division 1, colorado …may 2015 water resume publication to: all persons...

28
1 DISTRICT COURT, WATER DIVISION 1, COLORADO MAY 2015 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 MAY 2015 for each County affected. 15CW16 RAY AND LIZ DEICHSEL, 7754 Pine Ridge Rd., Franktown, CO 80116. 303-248-5544. APPLICATION FOR UNDERGROUND WATER RIGHRTS IN THE DENVER BASIN AQUIFER UNDERLYING APPLICANT’S PROPERTY IN DOUGLAS COUNTY. Applicant seeks to adjudicate the well, permit 102760, and to adjudicate the nontributary and not nontributary Denver Basin groundwater underlying a 2 1/2 acre tract of land lying in the SW1/4, NE1/4, S35, T7S, R66W of the 6 th PM. 15CW3047 City of Boulder, c/o Joe Taddeucci, [email protected], PO Box 791, Boulder, CO 80306, (303) 441-3200. (Douglas M. Sinor, Trout, [email protected], Raley, Montaño, Witwer & Freeman, P.C., 1120 Lincoln Street, Suite 1600, Denver, CO 80203, (303) 861-1963 and Jessica L. Pault-Atiase, [email protected], City of Boulder City Attorney’s Office, PO Box 791, Boulder, CO 80306, (303) 441-3020) APPLICATION FOR DETERMINATION OF AMOUNT, TIME AND LOCATION OF REUSABLE MUNICIPAL RETURN FLOWS, BOULDER COUNTY. 1. Name, Mailing Address, Email Address and Telephone Number of Applicant, see above. 2. Introduction. Boulder provides municipal water supply to approximately 114,200 customers within Boulder’s incorporated boundaries and adjoining areas. A map depicting Boulder’s service area as attached as Figure No. 1 to the application. By this application, Boulder seeks a judicial determination of the amount, time and location of the municipal return flows attributable to the indoor use of the fully consumable water storage rights decreed for Barker Meadow Reservoir in Case No. 99CW217. 3. Purpose of Application. Boulder received a decree in Case No. 99CW217, District Court, Water Division No. 1, on April 5, 2013, confirming a conditional water storage right and refill right for Barker Meadow Reservoir (“99CW217 Decree”). The decreed use of the 99CW217 Decree water rights includes the right to make a fully consumptive first use of the water and to use, reuse and successively use the water to extinction for all municipal purposes; however, the 99CW217 Decree requires that the amount and location of return flows from the use of the 99CW217 Decree water rights must be determined in a subsequent decree before they can be reused or successively used by Boulder. Accordingly, the purpose of this application is to quantify the amount, time and location of the reusable portion of return flows from the indoor use of the 99CW217 Decree water rights. Boulder’s treated water is used for both indoor and outdoor uses. A portion of the treated water Boulder delivers to its customers is consumed, and a portion is returned to the stream system as either sewered or non-sewered return flows. Indoor use of treated water occurs year-round and is comprised of residential, commercial, institutional, office-related and industrial uses. On the other hand, outdoor use typically occurs during April through October and is primarily comprised of lawn and landscape irrigation. This application does not seek to determine municipal return flows from outdoor uses. Boulder expressly reserves its right to quantify and claim credit for return flows from outdoor use of the 99CW217 Decree water rights in one or more future water court applications or administrative proceedings to approve the same for temporary use. Municipal return flows from the indoor use of 99CW217 Decree water storage rights, including normal treated water distribution system losses, accrue to Boulder Creek and its tributaries at or upstream of the City’s Wastewater Treatment Facility. Boulder’s Wastewater Treatment Facility is located approximately 200 feet downstream of 75 th Street on Boulder Creek as shown on Figure No. 1 attached to the application. Boulder has performed a preliminary engineering analysis in support of this application to determine the amount, time and location of reusable municipal return flows from the indoor use of the 99CW217 Decree water rights in a report by Rozaklis and Associates, LLC dated April 25, 2015. This engineering analysis is consistent with the quantification of Boulder’s municipal return flows decreed in Case No.

Upload: others

Post on 30-May-2020

0 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: DISTRICT COURT, WATER DIVISION 1, COLORADO …MAY 2015 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are

1

DISTRICT COURT, WATER DIVISION 1, COLORADO MAY 2015 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 MAY 2015 for each County affected.

15CW16 RAY AND LIZ DEICHSEL, 7754 Pine Ridge Rd., Franktown, CO 80116. 303-248-5544. APPLICATION FOR UNDERGROUND WATER RIGHRTS IN THE DENVER BASIN AQUIFER UNDERLYING APPLICANT’S PROPERTY IN DOUGLAS COUNTY. Applicant seeks to adjudicate the well, permit 102760, and to adjudicate the nontributary and not nontributary Denver Basin groundwater underlying a 2 1/2 acre tract of land lying in the SW1/4, NE1/4, S35, T7S, R66W of the 6th PM. 15CW3047 City of Boulder, c/o Joe Taddeucci, [email protected], PO Box 791, Boulder, CO 80306, (303) 441-3200. (Douglas M. Sinor, Trout, [email protected], Raley, Montaño, Witwer & Freeman, P.C., 1120 Lincoln Street, Suite 1600, Denver, CO 80203, (303) 861-1963 and Jessica L. Pault-Atiase, [email protected], City of Boulder City Attorney’s Office, PO Box 791, Boulder, CO 80306, (303) 441-3020) APPLICATION FOR DETERMINATION OF AMOUNT, TIME AND LOCATION OF REUSABLE MUNICIPAL RETURN FLOWS, BOULDER COUNTY. 1. Name, Mailing Address, Email Address and Telephone Number of Applicant, see above. 2. Introduction. Boulder provides municipal water supply to approximately 114,200 customers within Boulder’s incorporated boundaries and adjoining areas. A map depicting Boulder’s service area as attached as Figure No. 1 to the application. By this application, Boulder seeks a judicial determination of the amount, time and location of the municipal return flows attributable to the indoor use of the fully consumable water storage rights decreed for Barker Meadow Reservoir in Case No. 99CW217. 3. Purpose of Application. Boulder received a decree in Case No. 99CW217, District Court, Water Division No. 1, on April 5, 2013, confirming a conditional water storage right and refill right for Barker Meadow Reservoir (“99CW217 Decree”). The decreed use of the 99CW217 Decree water rights includes the right to make a fully consumptive first use of the water and to use, reuse and successively use the water to extinction for all municipal purposes; however, the 99CW217 Decree requires that the amount and location of return flows from the use of the 99CW217 Decree water rights must be determined in a subsequent decree before they can be reused or successively used by Boulder. Accordingly, the purpose of this application is to quantify the amount, time and location of the reusable portion of return flows from the indoor use of the 99CW217 Decree water rights. Boulder’s treated water is used for both indoor and outdoor uses. A portion of the treated water Boulder delivers to its customers is consumed, and a portion is returned to the stream system as either sewered or non-sewered return flows. Indoor use of treated water occurs year-round and is comprised of residential, commercial, institutional, office-related and industrial uses. On the other hand, outdoor use typically occurs during April through October and is primarily comprised of lawn and landscape irrigation. This application does not seek to determine municipal return flows from outdoor uses. Boulder expressly reserves its right to quantify and claim credit for return flows from outdoor use of the 99CW217 Decree water rights in one or more future water court applications or administrative proceedings to approve the same for temporary use. Municipal return flows from the indoor use of 99CW217 Decree water storage rights, including normal treated water distribution system losses, accrue to Boulder Creek and its tributaries at or upstream of the City’s Wastewater Treatment Facility. Boulder’s Wastewater Treatment Facility is located approximately 200 feet downstream of 75th Street on Boulder Creek as shown on Figure No. 1 attached to the application. Boulder has performed a preliminary engineering analysis in support of this application to determine the amount, time and location of reusable municipal return flows from the indoor use of the 99CW217 Decree water rights in a report by Rozaklis and Associates, LLC dated April 25, 2015. This engineering analysis is consistent with the quantification of Boulder’s municipal return flows decreed in Case No.

Page 2: DISTRICT COURT, WATER DIVISION 1, COLORADO …MAY 2015 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are

2

90CW193, District Court, Water Division No. 1, on December 20, 1993. 4. Decreed Name of Structure. Barker Meadow Reservoir. 5. Legal Description. Barker Meadow Reservoir is located on Middle Boulder Creek, in the West 1/2, Section 17, and in Section 18, Township 1 South, Range 72 West of the 6th P.M., and in the East 1/2 of Section 13, Township 1 South, Range 73 West of the 6th P.M., Boulder County, Colorado. 6. Source. Middle Boulder Creek, a tributary of Boulder Creek. 7. Date of Appropriation. November 17, 1999. 8. Amount. 3,687 acre-feet per year fill, CONDITIONAL; 1,307 acre-feet per year refill, CONDITIONAL. As of September 30, 2013, Boulder stored the full amount of the 99CW217 Decree water rights. 9. Uses. All municipal purposes, including, without limitation, domestic, irrigation, commercial, industrial, power generation, fire protection, recreation, fish and wildlife preservation and propagation, exchange, substitution, augmentation, replacement and recharge, within the Boulder service area and outside the Boulder service area for such extra-territorial customers as Boulder may serve from time to time pursuant to City Charter and contracts. Such use shall include the right to make a fully consumptive first use of the water and to use, reuse and successively use the water to extinction for the purposes described in the forgoing sentence. 10. Quantification of Municipal Return Flows. Boulder proposes to quantify the amount, time and location of its indoor municipal return flows from the 99CW217 Decree water rights as follows: The calculation of municipal return flows from indoor use will be determined on a daily basis based on the pro-rata portion of the previous day’s treated water production attributable to the 99CW217 Decree water rights multiplied by Boulder’s calculated indoor return flow, where Boulder’s calculated indoor return flow is 95% of the average daily treated water production during the previous November through February. The average daily amount of water treated during the months of November through February shall be updated on or before March 15th of each year, and used for the succeeding twelve months. 11. Municipal Return Flow Quantification Point. Municipal return flows from the 99CW217 Decree water rights accrue to Boulder Creek, a tributary of the South Platte River, at or above the City’s Wastewater Treatment Facility as generally depicted on Figure No. 2. The Boulder Wastewater Treatment Facility Outfall is located on Boulder Creek in the NE1/4 NW1/4 SW 1/4, Section 13, Township 1 North, Range 70 West of the 6th P.M. 12. Reuse and Successive Use of the Municipal Return Flows. The municipal return flows from the indoor use of the 99CW217 Decree rights are decreed for all the uses described in paragraph 9 above, including exchange, substitution, augmentation and replacement purposes. Boulder may use such municipal return flows for any and all of the uses described in said paragraph 9, including but not limited to the anticipated uses described in the following paragraphs. Boulder currently has augmentation requirements and return flow obligations of up to 898 acre-feet per year, pursuant to the decrees entered in Case Nos. 08CW163, 94CW285, 94CW284, and 90CW193. Boulder has leased other reusable water to several downstream entities for augmentation purposes and to the University of Colorado for a graywater reuse pilot project. Boulder anticipates having additional needs for fully consumable water supplies in the future. Boulder will use the municipal return flow credits as an additional source of substitute supply, augmentation and replacement water to meet its obligations pursuant to Boulder’s existing decrees and any subsequent decrees. Boulder may also reuse and successively use the water directly, by exchange or by re-diversion into storage and subsequent release. By way of example, Boulder may re-divert such water into storage in Wittemyer Ponds for subsequent release and exchange up to points of diversion on Boulder Creek and South Boulder Creek. In addition, Boulder may lease or otherwise dispose of the municipal return flows quantified by this application to other water users at times when such water is not needed for use by Boulder. By this application, Boulder does not seek to amend any other decree or to decree any plan for augmentation or appropriative right of exchange. 13. Dominion, Control and Intent to Reuse. Paragraph 7 of the 99CW217 Decree included the finding that “[Boulder] has a specific plan and intent to divert, store, or otherwise capture, possess, and control a specific quantity of water for specific beneficial uses, including reuse and successive use….” Boulder seeks confirmation that, by the quantification method described in this application, Boulder will maintain dominion and control of the reusable municipal return flows from indoor use of the water storage right decreed in Case No. 99CW217. 14. Non-Injury. Boulder’s use of the municipal return flows claimed herein shall be such that no material injury will be experienced by holders or users of vested or decreed conditional water rights and that the flow regimen of the stream system shall

Page 3: DISTRICT COURT, WATER DIVISION 1, COLORADO …MAY 2015 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are

3

not be materially affected. 15. Names and Addresses of Owners of Land. Barker Meadow Reservoir is located on land owned by Boulder (see address in paragraph 1 above). 16. Relief. Boulder respectfully requests the following relief: a. Quantification of the amount, time and location of the above-described municipal return flows, and that the Court find that the allegations herein are true; and b. Such additional relief that the Court deems necessary or appropriate to further the purposes of this application and the relief requested herein. (7 pages) 15CW3048 (01CW4, 08CW218) Thomas G. Brown, 6207 Calle Vera Cruz, LaJolla, California, 92037, C/O Lawrence Jones Custer Grasmick, LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO, 80534. APPLICATION FOR FINDINGS OF REASONABLE DILIGENCE in LOGAN COUNTY. 2. Applicant seeks a finding of reasonable diligence for the following three conditional water rights decreed in Case No. 01CW004 on December 4, 2002. Out of priority depletions caused by use of the conditional water rights are augmented by a plan of augmentation approved in Case No. 01CW004 using Applicant’s shares in the Morgan-Prewitt Reservoir Company. 3. Conditional Water Rights. 3.1. Name of Structures. Three Wells on Lots 7, 8 and 9, Columbine Acres Subdivision, Second Filing, Logan County, Colorado (Wells). 3.2. Decree. Case No. 01CW004, Water Division No. 1. 3.3. Legal Description of Diversion Points. The Wells are to be located on Lots 7, 8 and 9, Columbine Acres Subdivision, Second Filing in the Northwest Quarter of Section 35, Township 8 North, Range 53 West of the 6th P.M., Logan County, Colorado. 3.4. Source of Water. Tributary alluvium of the South Platte River. 3.5. Appropriation. October 9, 2000. 3.6. Amount. For each 15 g.p.m., conditional. 3.7. Use. For each well in-house use and irrigation of 6000 square feet of lawn. 4. Outline of What Has Been Done Toward Completion. The Wells are not yet drilled but when they are drilled will be augmented pursuant to the augmentation plan decreed in Case No. 01CW004. The Wells have not been drilled because Lots 7, 8 and 9 have not yet been purchased. Applicant desires to allow the new owners to determine the location of the Wells on each of the lots in relation to the other improvements. Applicant continues to market the lots but due to economic circumstances beyond Applicant’s control sales of these lots in the City of Sterling, Columbine Acres have not come to fruition. Applicant expended funds to maintain the lots and to market the lots. Since the Wells are included in a decreed augmentation plan no injury will result from continuing the conditional appropriations. 5. Claim for Finding of Reasonable Diligence. Pursuant to §37-92-304 C.R.S., Applicant seeks to continue the conditional appropriation for each structure. 6. Name and Address of Owner of Structures. Thomas G. Brown.

15CW3049 JPOD/ICCES TEST CASE 15CW3050 Central Colorado Water Conservancy District, the Groundwater Management Subdistrict of the Central Colorado Water Conservancy District, and the Well Augmentation Subdistrict of the Central Colorado Water Conservancy District, c/o Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO 80534, (970)622-8181). APPLICATION FOR WATER RIGHT AND TO ADD WELL TO AUGMENTATION PLAN IN WELD COUNTY. Application for Water Right 2. Name of Structure. Smith Well Industrial Right (SWIR). 2.1. Previous Decree. A decree was entered in Water Court, Water Division No. 1, Case No. W-4706 on June 17, 1975, adjudicating Smith Well No. 1-10591 in the NE1/4 SE1/4 Section 13, Township 4 North, Range 61 West of the 6th P.M., Weld County, Colorado at a point 750 feet South and 1200 feet West of the E1/4 corner of Section 13, in the amount of 5.54 c.f.s absolute with an appropriation date of July 26, 1947 for irrigation of 80 acres in the N1/2 of SE1/4 of Section 13, Township 4 North, Range 61 West of the 6th P.M., Weld County, Colorado and 160 acres in the W1/2 of Section 18, Township 4 North, Range 60 West of the 6th P.M., Morgan County, Colorado. 2.2. Existing Well. Smith Well No. 1-10591 is included in the GMS plan for augmentation decreed in Case No. 02CW335 and GMS Contract No. 812 for irrigation purposes. Applicants acquired title to the Smith Well irrigation water right, the Smith Well structure, and the property upon which said structure is situated on December 30, 2005. Applicants seek to adjudicate a new groundwater right, SWIR for industrial and

Page 4: DISTRICT COURT, WATER DIVISION 1, COLORADO …MAY 2015 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are

4

commercial uses which will also be diverted from the Smith Well structure. 2.3. Legal Description of SWIR. SWIR is located in the NE1/4 of the SE1/4 of Section 13, Township 4 North, Range 61 West of the 6th P.M., Weld County, Colorado at a point 750 feet South and 1200 feet West of the E1/4 Corner of said Section 13. 2.4. Source. Groundwater. 2.5. Amount Claimed. 5.54 c.f.s. 2.6. Appropriation Date. November 13, 2014. 2.7. Use. Industrial and commercial uses within the boundaries of Central Colorado Water Conservancy District, the Groundwater Management Subdistrict of the Central Colorado Water Conservancy District and the Well Augmentation Subdistrict of the Central Colorado Water Conservancy District, as they exist currently or as may be modified in the future. Augmentation Plan. 3. Augmentation Plan. Applicant operates an augmentation plan decreed in Case No. 02CW335. ¶14.5 of the decree in Case No. 02CW335 (Decree) allows the addition of wells to the plan subject to notice and terms and conditions. 4. Structure to be Added and Augmented. SWIR described in ¶2. 5. The terms and conditions for the SWIR will be the same as for the other Member Wells in the Decree. The consumptive use factors will be 100% for commercial and industrial use. The method for determining future well depletions will be those set out in the Decree at ¶17.3.3.2. The SWIR will be subject to all the terms and conditions for operation as for other Member Wells in the Decree. 6. Net Stream Depletions. Depletions resulting from the consumptive use of groundwater will be lagged back to the South Platte River using the Glover alluvial aquifer method. The Glover parameters for the SWIR are: X=831 feet; W= 15,512 feet; Harm T= 390,000 gpd/feet; S=0.2. 7. Out of priority depletions from use of SWIR will be replaced by Applicants under the terms and conditions of the GMS Decree and any additional terms and conditions ordered by the Court in connection with adding the SWIR. 8. Names of owners of land and structure. Applicants.

15CW3051 Class One Enterprises, LLC, P. O. Box 435, Masonville, CO 80541, 970-214-5259; (P. Andrew Jones, #29076, Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO 80534, Telephone: (970) 622-8181, E-mail: [email protected]). Verified Application for Finding of Reasonable Diligence and to Make Absolute in LARIMER COUNTY. 2. Name of Structure: Stowers Meadow Right. 3. Description of conditional water right: A. Original Decree: Case No. 2007CW306, May 12, 2009, Division One Water Court. B. Legal description of location: Northeast Quarter of Section Five, Township Six North, Range Seventy West of the Sixth P.M. and the Southeast Quarter of Section 32, Township 7 North, Range 70 West of the 6th P.M. C. Source: Buckhorn Creek, Larimer County, Colorado. D. Date of Appropriation: December 21, 2007. E. The amount of water: 5 c.f.s., conditional . F. Uses: Irrigation of 48 acres in the Northeast Quarter of Section 5, Township 6 North, Range 70 West of the Sixth P.M. and the Southeast Quarter of Section 32, Township 7 North, Range 70 West of the 6th P.M., livestock watering, piscatorial, wildlife development, dust suppression, through direct application or storage in Stowers Pond. 4. Name of Structure: Stowers Pond. 5. Description of conditional water right: A. Original Decree: Case No. 2007CW306, May 12, 2009, Division One Water Court. B. Legal description of location: In the Northeast Quarter of the Northeast Quarter of Section Five, Township Six North, Range 70 West of the Sixth P.M. C. Structure used to fill reservoir: Stowers Meadow Right ditch/pipeline. D. Source: Buckhorn Creek. E. Date of Appropriation: December 21, 2007. F. Amount of Water: 10 acre feet, conditional, with right to refill as in priority. Rate of Diversion: 5 c.f.s. G. Uses: Irrigation of 48 acres in the Northeast Quarter of Section 5, Township 6 North, Range 70 West of the Sixth P.M. and the Southeast Quarter of Section 32, Township 7 North, Range 70 West of the 6th P.M., livestock watering, piscatorial, wildlife development, dust suppression. 6. Outline of what has been done toward completion of the appropriations: A. Applicant has constructed a portion of Stowers Pond. The Pond measures 75 feet by 110 feet by 8 feet deep. A photograph of the pond is attached hereto as Exhibit “A.” B. Applicant has installed a pump and pipeline for the diversion of Stowers Meadow Right and for delivery of water to the Stowers Pond. C. Applicant has diverted up to .011 c.f.s. (5 g.p.m.) of water pursuant to the Stowers Meadow Right and applied the water to the decreed beneficial use of irrigation. D. Applicant has diverted 1.52 acre feet of water at a rate of up to .0045 c.f.s. (2 g.p.m.) to the Stowers Pond and applied the water to the decreed beneficial uses of irrigation, livestock watering, piscatorial and wildlife development. E. Applicant has

Page 5: DISTRICT COURT, WATER DIVISION 1, COLORADO …MAY 2015 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are

5

consulted with legal counsel regarding legal aspects of the rights and water rights applications and developments potentially affecting the rights. F. Applicant has consulted with engineering and construction experts regarding the construction of the portion of the Stowers Pond currently constructed and future construction of a larger pond. G. Applicant has expended not less than $20,692 on the aforementioned activities in furtherance of completing the claimed appropriation. 7. Claim to Make Absolute: A. Applicant seeks a decree recognizing .011 c.f.s. (5 g.p.m.) c.f.s. of the Stowers Meadow Right as absolute for irrigation uses, leaving 4.989 c.f.s. conditional for irrigation uses and 5.0 c.f.s. conditional for livestock watering, piscatorial, wildlife development and dust suppression. B. Applicant seeks a decree recognizing .0045 cfs (2 g.p.m.) as a decreed absolute rate of diversion and 1.52 acre feet of volume absolute for the Stowers Pond for irrigation, livestock watering, piscatorial and wildlife development uses, leaving 4.9955 c.f.s. as conditional diversion rate, and the conditional right to fill and refill beyond 1.52 acre feet annually as priority allows for irrigation, livestock watering, piscatorial, wildlife development and dust suppression. 8. Remarks: The pond is located on land owned by Applicant. This application consists of 5 pages.

15CW3052 (88CW074; 01CW073; 08CW223) ST. VRAIN & LEFT HAND WATER CONSERVANCY DISTRICT (the “District”), c/o Sean T. Cronin, Executive Director, 9595 Nelson Road, Box C, Suite 203, Longmont, CO 80501, 303-772-4060 and COUNTY OF BOULDER (the “County”), c/o Ron Stewart, Director, Parks & Open Space Department, 5201 St. Vrain Road, Longmont, CO 80503, 303-678-6700 (Scott E. Holwick, Elizabeth M. Joyce, Lyons Gaddis Kahn Hall Jeffers Dworak & Grant, PC, P.O. Box 978, Longmont, CO 80502-0978, (303) 776-9900) APPLICATION FOR A FINDING OF REASONABLE DILIGENCE IN BOULDER COUNTY. 2. Name of structure: Rock’n WP Ranch Lake No. 4 (“Lake No. 4”). 3. Description of original conditional water right: a. Original Decree: The conditional water right for Lake No. 4 was originally decreed in Case No. 88CW074 on May 3, 1995, by District Court, Water Division No. 1, Weld County. b. Legal Description: The center point of Lake No. 4, which has a surface area of approximately 40 acres, is located 2,040 feet south of the north section line and 2,040 feet east of the west section line, Section 27, Township 3 North, Range 70 West, 6th P.M., Boulder County, Colorado. c. Source: St. Vrain Creek (as more particularly described in the original decree). d. Appropriation: i. Date of appropriation: April 23, 1992. ii. Amount: 880 acre-feet at a maximum rate of 300 cfs, CONDITIONAL. e. Uses: Augmentation, replacement and exchange, irrigation, industrial, recreational, and fish and wildlife preservation and propagation (as more particularly described in the original decree). 4. Description of current conditional water right: a. ABSOLUTE portion of water right: By the decree entered in Case No. 08CW223 on May 19, 2009, by District Court, Water Division No. 1, Weld County, 574.43 AF at a maximum rate of 50 cfs of the water right was made ABOSLUTE for recreational use within, and fish and wildlife preservation and propagation within and along the shores of Lake No. 4. b. Remaining CONDITIONAL portion of water right: After the decree entered in Case No. 08CW223, 574.43 AF at a maximum rate of 50 cfs (volumetrically reduced from 880 AF with a reduction in the maximum rate of diversion from 300 cfs by the decree entered in Case No. 08CW223) of the water right remains CONDITIONAL for augmentation, replacement and exchange, irrigation and industrial (as more particularly described in the original decree). 5. Claim of diligence: The Applicants seek a decree finding that they have been diligent with respect to completing the appropriation of the Lake No. 4 conditional water right described in paragraphs 3 and 4, and seek a decree allowing them to continue this CONDITIONAL water right for another six-year diligence period. Prior to the current diligence period (from June 1, 2009 through the present), the Applicants had completed the construction of Lake No. 4, including its inlet and outlet works, and the District had used Lake No. 4 as one component in its integrated system in operation of the augmentation plan decreed in Case No. 02CW334, Water Division No. 1. During the current diligence period, water was diverted into Lake No. 4 in May 2007 and releases were made out of Lake No. 4 from December 2010 through February 2011 and from June 2011 through October 2011. Because of reliability concerns with the measuring devices and the outlet works, the Applicants do not seek to make any portion of the remaining conditional portion of the water right absolute in this application. In September 2013, floods

Page 6: DISTRICT COURT, WATER DIVISION 1, COLORADO …MAY 2015 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are

6

devastated St. Vrain Creek and Lake No. 4 breached in two locations (the inlet and outlet works were left relatively intact), rendering it incapable of operating pursuant to its decrees, including the District’s augmentation plan which serves more than 200 structures. During the current diligence period, the Applicants conducted the following pre-flood and post-flood diligence activities: a. Pre-flood – the Applicants spent substantial time and effort and expended significant monies: i. Engineering and installing pressure transducers to aid in reliable measurement of diversions in and deliveries out of Lake No. 4. ii. Investigating, identifying and designing means by which to correct existing measurement deficiencies with the Lake No. 4 outlet works. iii. Defending the priority of this water right in Water Court, Division No. 1 by opposing water rights applications which could have injured the Applicants’ conditional water right. iv. Maintaining the condition of Lake No. 4 and the lands surrounding it. b. Post-flood – the Applicants spent substantial time and effort and expended significant monies: i. Evaluating the damage caused to the Lake No. 4 infrastructure by the September 2013 floods. ii. Working with FEMA and other agencies to identify funds available to finance the infrastructure repair. iii. Drafting and executing an Intergovernmental Agreement by which to repair the damaged infrastructure. iv. Obtaining loan financing from the CWCB to provide cash flow for the repair project and to bridge the differential between available reimbursement funding and projected repair costs. v. Collaborating with third party consultants on design plans to repair the damaged infrastructure. vi. Reviewing construction plan sets prepared to repair the damaged infrastructure. vii. Continuing to investigate whether the existing undamaged outlet works could deliver measured water reliably or whether alternate outlet works options should be evaluated. viii. Acquiring other sources of augmentation water to use to operate the District’s augmentation plan. ix. Drafting and submitting temporary substitute water supply plans to the State Engineer Office to continue to operate the District augmentation plan to allow member structures to continue to operate. The Applicants are committed to repairing Lake No. 4 so that it may be operated in accordance with its decrees. The Applicants anticipate spending multiple millions of dollars for this repair project and anticipate that it will require at least two more years to complete. At that point, the perfection of the remaining portion of the conditional water right will depend upon future hydrologic conditions. 6. Name(s) and address(es) 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: The Applicants are the owners of the land on which Lake No. 4 is located. 15CW3053 (03CW324, 95CW116; 87CW078; 83CW126; W-9322-78) PLATTE RIVER POWER AUTHORITY, 2000 East Horsetooth Road, Ft. Collins, CO 80525 (Raymond L. Petros, Jr. David S. Hayes, Petros & White, LLC, 1999 Broadway, Suite 3200, Denver, Colorado 80202, (303) 825-1980), THE CITY OF FORT COLLINS, (Stuart B. Corbridge, Geoffrey M. Williamson, Leila C. Behnampour, Vranesh & Raisch, LLP, 1720 14th Street, Suite 200, Boulder, CO 80302, (303) 443-6151 and Eric R. Potyondy, Ft. Collins City Attorney’s Office, 300 LaPorte Avenue, Ft. Collins, CO 80521, (970) 416-2126) APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN LARIMER COUNTY. Name of conditional water rights: The exchanges conditionally decreed in Case No. W-9322-78 (“Conditional Exchanges”) that have not subsequently been made absolute in Case Nos. 83CW126, 87CW78, 95CW116, or 03CW324, District Court, Water Division No. 1. Description of the Conditional Exchanges: A. Decree: A decree was entered by the District Court, Water Division No. 1, on April 24, 1979, in Case No. W-9322-78. B. Legal Description: The Conditional Exchanges, as described in the decree in Case No. W-9322-78, involve the following structures, as shown on the map attached hereto as Exhibit A: i. Exchange of waters held in Long Draw Reservoir to Joe Wright Reservoir, and the reverse. a. Joe Wright Reservoir is located in portions of Sec. 24 and 25, T7N, R76W, 6th P.M., Larimer County. b. Long Draw Reservoir is located in portions of Sec. 10, 11, and 15, T6N, R75W, 6th P.M., Larimer County. ii. Exchanges of waters of Joe Wright Reservoir and Long Draw Reservoir to Horsetooth Reservoir, and the reverse. a. Horsetooth Reservoir is located upon all or a portion of Sec. 5, 6 and 8, T6N, R69W, 6th P.M., and Sec. 6, 7, 18, 19, 20, 29, 30, 31and 32, T7N, R69W, 6th P.M., Larimer County. iii. Exchanges involving Joe Wright Reservoir, Long Draw Reservoir and Horsetooth Reservoir

Page 7: DISTRICT COURT, WATER DIVISION 1, COLORADO …MAY 2015 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are

7

with North Poudre’s Munroe Canal and the main canal of the North Poudre Company in the North Fork of the Cache La Poudre River or with any other ditch system capable of exchanging with any of said reservoirs, including but not limited to: Larimer and Weld Canal, Larimer County Canal, Lake Canal, Greeley No. 2 Canal, and Timnath Reservoir Inlet. a. The headgate of the main canal of the North Poudre Company is located on the North Fork of the Cache La Poudre River at a point 1,080 feet west and 170 feet north of the SE corner of Sec. 12, T10N, R71W, 6th P.M., Larimer County. b. The headgate of the Munroe Canal is located on the east bank of the Cache La Poudre River in the SW1/4 NE1/4 of Sec. 5, T8N, R70W, 6th P.M., Larimer County, at a point whence the SE corner of said Sec. 5 bears S 37�27'30" E 3647.5 feet. c. The headgate of the Larimer and Weld Canal is located 460 feet north and 2,150 feet east of the SW corner of Sec. 34, T8N, R69W, 6th P.M., Larimer County. d. The headgate of the Larimer County Canal is located 610 feet north and 1,540 feet east of the SW corner of Sec. 13, T8N, R70W, 6th P.M., Larimer County. e. The headgate of the Lake Canal is located 600 feet west and 680 feet north of the SE corner of Sec. 2, T7N, R69W, 6th P.M., Larimer County. f. The headgate of the Greeley No. 2 Canal is located in the SW1/4 SE1/4 NE1/4 of Sec. 11, T6N, R68W, 6th P.M., Larimer County. g. The headgate of the Timnath Reservoir Inlet is located in the NE1/4 of Sec. 18, T7N, R68W, 6th P.M., Larimer County. iv. Exchanges between any of the aforementioned structures and Rockwell Reservoir. a. The site for Rockwell Reservoir is located in the SE1/4 SE1/4 of Sec. 25, T8N, R73W, 6th P.M., Larimer County. v. Exchanges between any of the foregoing structures and Milton Seaman Reservoir and Barnes Meadow Reservoir. a. Milton Seaman Reservoir is located in portions of Sec. 28 and 33, T9N, R70W, 6th P.M., Larimer County. b. Barnes Meadow Reservoir is located in the SW1/4 of Sec. 5, T7N, R75W, 6th P.M., Larimer County. vi. Exchanges between Rawhide Pipeline and Fossil Creek Reservoir and North Poudre Reservoirs No. 5 and 6, and the reverse. a. Rawhide Pipeline is located in the NE1/4SE1/4 Section 20 T7N, R68W, 6th P.M., Larimer County, at a point approximately 1830 feet North and 65 feet West of the SE Corner Section 20. b. Fossil Creek Reservoir is located in parts of Sections 8, 9, 10, 15, 16, and 17, T6N, R68W, 6th P.M., Larimer County. c. North Poudre Reservoir No. 5 is located in portions of Sec. 31, T9N, R68W, 6th P.M. and Sec. 5 and 6, T8N, R68W, 6th P.M., Larimer County. d. North Poudre Reservoir No. 6 is located in portions of Sec. 5, 6, 7, and 8, T8N, R68W, 6th P.M., Larimer County. vii. Exchanges involving the use of the Rawhide Pipeline and North Poudre Reservoir No. 6 to exchange waters available at its intake to the Lake Canal, the Larimer & Weld Canal, Timnath Reservoir Inlet, the Larimer County Canal, and the North Poudre Canal for credit in Horsetooth Reservoir or other reservoirs. C. Source of Water: Waters from the Colorado and Michigan Rivers, including reuse of such waters and waters tributary to the Cache La Poudre Rivers, including reuse of such waters (see decree in Case No. W-9322-78). D. Appropriation Date: December, 1977. E. Decreed Uses: Those uses described in the decree in Case No. W-9322-78. F. Subsequent Decrees: On May 12, 1986, the District Court, Water Division No. 1 entered a decree in Case No. 83CW126, making certain of the Conditional Exchanges awarded in Case No. W-9322-78 absolute, and finding reasonable diligence with respect to the remaining Conditional Exchanges and continuing such conditional exchanges in full force and effect. On May 31, 1989, the District Court, Water Division No. 1, entered a decree in Case No. 87CW078, finding reasonable diligence with respect to the Conditional Exchanges not made absolute in Case No. 83CW126 and continuing such conditional exchanges in full force and effect. On September 29, 1997, the District Court, Water Division No. 1, entered a decree in Case No. 95CW116, finding reasonable diligence with respect to the Conditional Exchanges and continuing such conditional exchanges in full force and effect. On May 19, 2009, the District Court, Water Division No. 1, entered a decree in Case No. 03CW324, making certain of the Conditional Exchanges absolute and finding reasonable diligence with respect to the Conditional Exchanges and continuing such conditional exchanges in full force and effect. 4. Evidence of Reasonable Diligence: The Platte River Power Authority (“Authority”) provides wholesale electric power to the Colorado municipalities of Estes Park, Fort Collins, Longmont and Loveland, who wholly own the Authority and on whose behalf the Authority acts as a wholesale electric utility, acquiring, constructing and operating generation capacity and supplying electric energy on a requirements basis. The Authority owns and operates the Rawhide Energy Station (“Rawhide Station”), a 280 MW coal fueled generation unit and five natural gas-fired simple cycle combustion turbines. Of the natural gas units, four of the units

Page 8: DISTRICT COURT, WATER DIVISION 1, COLORADO …MAY 2015 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are

8

each have a summer rating of approximately 65 MW; and the fifth unit has a summer rating of approximately 128 MW. The Rawhide Station is located approximately 25 miles north of Fort Collins. In order to generate electricity, an adequate supply of water for cooling and other purposes is absolutely essential. Thus, in the 1970’s the Authority, the City of Fort Collins (“City”) and the Water Supply and Storage Company (“WSSC”), entered into a water reuse Agreement and applied for the water rights awarded in Case No. W-9322-78, including the Conditional Exchanges. As energy needs expand, the capacity at the Rawhide Station (or at an alternate location) may need to be increased by adding natural gas-fired generation, or some other type of generation resource. The Conditional Exchanges are a critical component to supplying the water needed to operate these units and to ensuring the continued ability of the Rawhide Station to meet the growing demand for electricity in the four municipalities. As previously determined by this Court, the Conditional Exchanges are part of an integrated project to provide water to the Rawhide Station, and diligence on the whole project, including diligence on one of the Conditional Exchanges, constitutes diligence as to all of the Conditional Exchanges. The Applicants’ efforts to provide water to and expand the Rawhide Station during the Diligence Period (May 2009 to present) support a finding of reasonable diligence for the Conditional Exchanges. These efforts include, without limitation, the work detailed in the Affidavit of Heather Banks, Fuels and Water Manager for the Authority, attached hereto as Exhibit B, and summarized as follows: A. The Authority expended over $38.5 million during the Diligence Period for water-related expenses associated with the Rawhide Station. B. The Authority diverted over 23,000 acre-feet to the Rawhide Station during the Diligence Period in connection with operation of the Rawhide Station. The City has also undertaken efforts during the diligence period that demonstrate diligence towards the Conditional Exchanges. The City possesses an integrated water supply system, and the Conditional Exchanges and reuse plan decreed in Case No. W-9322-78 are part of said system. Pursuant to C.R.S. § 37-92-301(4)(b), diligence on one part of that system shall be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the system. During the diligence period, those efforts include, but are not limited to, the activities summarized below. Dollar values have not yet been assigned to all of these efforts, including the efforts summarized herein. A. The City has operated and diverted and used water under the reuse plan and certain exchanges decreed in Case No. W-9322-78. B. The City has spent nearly $17.8 million to develop the Halligan Reservoir Enlargement and Rigden Reservoir. C. The City has spent about $2.1 million to design and construct a pre-sedimentation basin at the head of the Pleasant Valley Pipeline, which will allow the City to better divert the subject water rights during times of poor water quality, which water is initially diverted through the Munroe Canal. D. As part of the permitting process for the Halligan Reservoir Enlargement project, the City has and is analyzing alternatives that will involve use of several structures to be used in the Conditional Exchanges, including, but not limited to, the Munroe Canal and North Poudre Irrigation Company Reservoirs No. 5 and 6. E. The City filed for junior storage and exchange rights involving Rigden Reservoir and Halligan Reservoir. F. The City has participated in various cases in the District Courts for Water Divisions 1 and 6 to protect its water rights. G. The City has participated in proceedings before the Colorado Water Quality Control Commission with respect to its effluent, some of which is diverted into the Rawhide Pipeline pursuant to the reuse plan decreed in Case No. W-9322-78. H. Fort Collins Utilities staff has spent significant time on planning activities to incorporate the Conditional Exchanges into the overall water supply for the City, including computer modeling that incorporates the exchanges into the City’s water supply planning efforts. I. The City has spent over $1,500,000 in legal fees and engineering costs during the diligence period to support the City’s own water rights applications or to protect its existing water rights by opposing the water rights applications of others. 5. 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: a. North Poudre Irrigation Company, 3729 Cleveland Avenue, P.O. Box 100, Wellington, CO 80549, is the owner of the North Poudre Supply Canal (a.k.a. Munroe Canal), Fossil Creek Reservoir, and North Poudre Reservoirs 5 & 6. The land underlying the North Poudre Supply Canal is owned by the Northern Colorado Water Conservancy District, 220 Water Avenue, Berthoud, CO 80513. b. The Water

Page 9: DISTRICT COURT, WATER DIVISION 1, COLORADO …MAY 2015 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are

9

Supply and Storage Company, 2319 East Mulberry, Fort Collins, CO 80524, is the owner of Long Draw Reservoir and Larimer County Canal. c. The Larimer and Weld Irrigation Company, 106 Elm, P.O. Box 206, Eaton, CO 80615, is the owner of the Larimer and Weld Canal (a.k.a. Eaton Ditch). d. The Lake Canal Company, P.O. Box 104, Lucerne, CO 80646 is the owner of the Lake Canal. e. The Cache La Poudre Reservoir Company, P.O. Box 104, Lucerne, CO 80646, is the owner of Timnath Reservoir. f. The City of Greeley, 1000 10th Street, Greeley, CO 80631, is the owner of Milton Seaman Reservoir and Barnes Meadows Reservoir. g. The New Cache La Poudre Reservoir Company, P.O. Box 104, Lucerne, CO 80646, is the owner of Greeley No. 2 Canal. h. The Applicant, City of Fort Collins, is the owner of Joe Wright Reservoir and the Michigan Ditch system. i. The Applicant, Platte River Power Authority, is the owner of the Rawhide Pipeline and the 10-inch Soldier Canyon Pipeline. j. The Divide Canal and Reservoir Company, P.O. Box 206, Eaton, CO 80615, is the owner of the Worster Reservoir. k. Horsetooth Reservoir is owned and operated by the U.S. Bureau of Reclamation and the Northern Colorado Water Conservancy District, 220 Water Avenue, Berthoud, CO 80513. WHEREFORE, Applicants respectfully request that the Court enter a decree finding reasonable diligence for and continuing in full force and effect the Conditional Exchanges, in any amounts not otherwise made absolute by this or any previous decree.

15CW3054 (Boulder County CA 20716, W-2813, W-2813-79, 84CW005, 88CW017, 01CW155, 2008CW225) Robert C. Brand and Patricia A Brand, 15500 North 95th, Longmont, CO 80504, 303-776-0625 and Bar D Ranch, LLC, c/o Vance D. Brand, 21825 Hidden Canyon Drive, Tehachapi, CA 93561 (Scott E. Holwick, Elizabeth M. Joyce, Lyons Gaddis Kahn Hall Jeffers Dworak & Grant, PC, P.O. Box 978, Longmont, CO 80502-0978, 303-776-9900). APPLICATION FOR FINDING OF REASONABLE DILIGENCE in BOULDER COUNTY. 2. Name of structure: Knouth Reservoir Second Enlargement. 3. Describe conditional water right: A. Date of Original Decree: February 26, 1971, Civil Action No. 20716, Boulder County District Court. B. Legal Description: The SE1/4 NE1/4 and the NE1/4 SE1/4 of Section 12, Township 3 North, Range 70 West of the 6th P.M. and the N1/2 SW1/4 NW1/4 of Section 7, Township 3 North, Range 69 West of the 6th P.M., Boulder County, at a point whence the SW corner of Section 7 bears South 5º30’ East 1,677 feet. C. Source: St. Vrain Creek through Supply Ditch. D. Date of Appropriation: April 1, 1962. E. Amount: 541.25 acre feet CONDITIONAL. F. Use: Irrigation and domestic. 4. Claim for Diligence: During the diligence period (from June 1, 2009 through present), the Applicants, in concert with their project partners (one public entity and one private entity) conducted the following diligence activities: (a) engaged URS Engineers to produce the final design report for the Knouth Reservoir Dam Rehabilitation Project (the “Project”), which report included, among other elements, 95% Design Drawings and 95% Specifications; (b) submitted the Project’s design documents to the Dam Safety Department of the Division of Water Resources, which following initial review, comment and response, accepted the Project; (c) worked with Boulder County’s land use planners to identify which County permits were required for the Project; (d) held a pre-bid meeting with contractors interested in constructing the Project; (e) selected a contractor and provided the same with a Notice of Award; (f) applied for and was awarded additional loan funding from the CWCB to cover higher than anticipated engineering and construction costs; and (g) after the public entity project partner ceased participation in the Project, continued to seek additional partners to complete the shovel-ready project. 5. Name and address of owner 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 pool: The Applicants are the owners of the land on which the reservoir is located. WHEREFORE, the Applicants request the Court to continue the conditional water right for Knouth Reservoir Second Enlargement for an additional six years.

15CW3055 Vernon R. Miller, 7433 S. County Road 157, Strasburg, CO 80136 (James J. Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR NONTRIBUTARY

Page 10: DISTRICT COURT, WATER DIVISION 1, COLORADO …MAY 2015 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are

10

GROUNDWATER IN THE LOWER DAWSON, DENVER, ARAPAHOE, AND LARAMIE-FOX HILLS AQUIFERS, ELBERT COUNTY, 637.36 acres being all of Section 14, T7S, R64W of the 6th P.M., Elbert County, as shown on Attachment A. Nontributary Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifer groundwater as described in Section 37-90-103(10.5), C.R.S. Estimated Annual Amounts: Lower Dawson: 74 acre-feet; Denver: 310 acre-feet; Arapahoe: 274 acre-feet; Laramie-Fox Hills: 179 acre-feet. Proposed Use: Domestic, commercial, industrial, irrigation, stockwatering, and augmentation purposes, including storage, on and off the Subject Property. (4 pages).

15CW3056, Irving Chang, 22479 E. Fair Place, Aurora, CO 80015 (James J. Petrock, Petrock & Fendel, 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 UPPER AND LOWER ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY DENVER AQUIFERS, ADAMS COUNTY. 35.5 acres generally located in the W1/2NW1/4 of Section 6, T3S, R64W of the 6th P.M., as described and shown on Attachment A hereto ("Subject Property"). Source of Water Rights: The Denver aquifer is not nontributary as described in Sections 37-90-103(10.7), C.R.S., and the Upper and Lower Arapahoe and Laramie-Fox Hills aquifers are nontributary as described in Section 37-90-103(10.5), C.R.S. Estimated Amounts: Denver: 10 acre-feet, Upper Arapahoe: 7 acre-feet, Lower Arapahoe: 5 acre-feet, Laramie-Fox Hills: 8 acre-feet. Proposed Use: Domestic, commercial, industrial, irrigation, livestock watering, fire protection, and augmentation purposes, including storage, both on and off the Subject Property. Groundwater to be augmented: Approximately 6 acre-feet per year of the Denver 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 Denver aquifer water will be used for inhouse use in up to two single family residences, use in barns and buildings, irrigation of lawn, garden, trees, pasture and hay on the Subject Property, stockwatering, and storage. Applicant reserves the right to revise the amount and uses without having to amend the application or republish the same. Sewage treatment for inhouse use will be provided by non-evaporative septic systems and return flow from inhouse and irrigation use will be approximately 90% and 15% of that use, respectively. During pumping Applicant will replace an amount equal to 4% of the annual amount withdrawn to the affected stream system pursuant to Section 37-90-137(9)(c.5), C.R.S. Applicant estimates that depletions occur to the Box Elder Creek stream system. Return flows accrue to the South Platte River stream system, and those return flows are sufficient to replace the required amount 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).

15CW3057 Cervi Enterprises, Inc., P.O. Box 1930, Greeley, CO 80631 (James J. Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY SOURCES IN THE NONTRIBUTARY AND NOT NONTRIBUTARY LARAMIE-FOX HILLS AQUIFER, WELD COUNTY. Subject Property: 7243 acres located in Sections 10, 11, 13 and 14, mostly lying south of Highway 34, and all of Sections 15, 21, 22, 23, 24, 28, and 33, T4N, R63W, and all of Sections 4 and 9, T3N, R63W of the 6th P.M., Weld County, as described and shown on Attachment A hereto. Source of Water Rights: Not nontributary as described in Sections 37-90-103(10.7), C.R.S. (underlying sections in T4N, R63W), and and nontributary as described in Section 37-90-103(10.5), C.R.S. (underlying sections in T3N, R63W). Estimated Amounts: Based on an average saturated thickness of 145 feet, Applicant estimates that there is approximately 1575 acre-feet per year of Laramie-Fox Hills aquifer groundwater available underlying the Subject Property. Applicant will reserve parts of the groundwater for use through exempt wells. Proposed Use: The groundwater will be used, reused and successively used for domestic, commercial, industrial,

Page 11: DISTRICT COURT, WATER DIVISION 1, COLORADO …MAY 2015 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are

11

irrigation, livestock watering, fire protection, and replacement and augmentation purposes, including storage, both on and off the Subject Property. Further, Applicant prays that this Court grant the application and for such other relief as seems proper in the premises. (6 pages).

15CW3058, Rex and Jane Povenmire and Donald Jr. and Barbara Caughlin, 4240 Walker Road, Colorado Springs, CO 80908 (James J. Petrock, Petrock & Fendel, 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 DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY DAWSON AQUIFERS, EL PASO COUNTY. Applicants Rex and Jane Povenmire are the owners of 13.7 acres, being Lot 1, Povenmire Subdivision, which is located in part of the E1/2NW1/4SE1/4 of Section 11, T11S, R66W of the 6th P.M., as shown on Attachment A hereto. Applicants Donald Jr. and Barbara Caughlin are the owners of 45.7 acres, being the NE1/4SE1/4 and the easterly 165 feet of the NW1/4SE1/4 of Section 11, T11S, R66W of the 6th P.M., as shown on Attachment A hereto. The parcels are contiguous as shown on Attachment A and satisfy the requirements of Local Rule 3(b)(1). (Combined parcels referenced herein as Subject Property). Applicants will own a pro-rata interest in the total amount of groundwater requested herein underlying their respective parcels.Source of Water Rights: The Dawson aquifer is not nontributary as described in Sections 37-90-103(10.7), C.R.S., and the Denver, Arapahoe and Laramie-Fox Hills aquifers are nontributary as described in Section 37-90-103(10.5), C.R.S. Estimated Amounts: Dawson: 53 acre-feet, Denver: 52 acre-feet, Arapahoe: 26 acre-feet, Laramie-Fox Hills: 19 acre-feet. Proposed Use: Domestic, commercial, industrial, irrigation, livestock watering, fire protection, and augmentation purposes, including storage, both on and off the Subject Property. Groundwater to be augmented: 5.5 acre-feet per year of Dawson aquifer groundwater requested herein underlying the land owned by Povenmire and 20 acre-feet per year of Dawson aquifer groundwater underlying the land owned by Caughlin.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 5.5 acre-feet per year (Povenmire) will be used for inhouse use in two residences (0.8 acre-feet), irrigation of lawn, garden, pasture and trees (2.5 acre-feet), stockwatering of 16 large domestic animals (0.2 acre-feet), and use in a water feature or storage (2 acre-feet), including through existing well Permit No. 154201. The 25 acre-feet per year (Caughlin) will be used for inhouse use in up to four residences (1.6 acre-feet), irrigation of lawn, garden, pasture and trees (12.5 acre-feet) and stockwatering of 30 large domestic animals (0.4 acre-feet), and use in a water feature or storage (5.5 acre-feet). Applicants reserve the right to revise these amounts and values without having to amend this application or republish the same. Sewage treatment for inhouse use will be provided by a non-evaporative septic system and return flow from inhouse 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 West Cherry Creek stream system. Return flows accrue to the South Platte River stream system, and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicants will reserve an equal amount of nontributary groundwater underlying their respective parcels 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. (7 pages). 15CW3059, Carroll Land Company and Franktown Development Company, 7505 Village Square Drive, #200, Castle Pines, CO 80108 (James J. Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR CHANGE OF WATER RIGHT, DOUGLAS COUNTY. Decree information for which change is sought: Case No. 95CW288, Water Division 1, decreed on July 25, 1996. The property which is the subject of the decree is approximately 273 acres located in parts of Sections 1 and 2, T8S, R66W, and Section 6, T8S, R65W of the 6th P.M., as shown on Attachment A (Subject Property). Proposed change: In the original decree, an augmentation plan was approved for the use of 54.3 acre-feet per year of not nontributary Upper Dawson aquifer groundwater for inhouse,

Page 12: DISTRICT COURT, WATER DIVISION 1, COLORADO …MAY 2015 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are

12

stockwatering and irrigation uses. The decree also requires that an equal amount of nontributary Laramie-Fox Hills aquifer groundwater be reserved for future use in the plan. Applicants request that the augmentation plan be revised to reduce the annual amount of Upper Dawson aquifer groundwater which may be withdrawn to 18.7 acre-feet per year. Applicants also requests that the amount of nontributary aquifer groundwater reserved for use in the augmentation plan be reduced to 18.7 acre-feet per year and 1870 acre-feet total. Applicants reserve the right to revise these amounts without having to amend this application or republish the same. No other parts of the original decree are changed herein. Further, Applicant prays that this Court grant the application and for such other relief as seems proper in the premises. (6 pages). 15CW3060 BY ORDER OF THE REFEREE, DIVISION 2 WILL PUBLISH RESUME. See Division 2 case number 15CW3024 for Applicant, Thomas J. Trythall. 15CW3061 Thomas P. Massopust North Fork Associates, LLC, 2686 South Yukon Court, Lakewood, Colorado 80227, and Mountain Mutual Reservoir Company, 6949 Highway 73, Suite 15, Evergreen, Colorado 80439. (c/o David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR UNDERGROUND WATER RIGHT, APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT. IN JEFFERSON COUNTY. APPLICATION FOR UNDERGROUND WATER RIGHT: 1. Name of Well and Permit, Registration or Denial Number: Daniel's Gulch Well No. 1 (Permit No. 206285-A). 2. Legal Description of the Well: Daniel's Gulch Well No. 1 is located in the NW1/4 SE1/4 of Section 25, Township 4 South, Range 71 West, 6th P.M., Jefferson County, at a point approximately 1,851 feet from the South Section line and 2,052 feet from the East Section line of said Section 25. 3.A. Source of Water: Ground water that is tributary to Cold Springs Gulch, Bear Creek and the South Platte River. 3.B. Depth of Well: 500 feet. 4.A. Date of Appropriation: September 25, 1997. 4.B. How Appropriation was Initiated: Submittal of a well permit application to the Colorado Division of Water Resources, followed by the issuance of a well permit by the State Engineer. 4.C. Date Water Applied to Beneficial Use: July 14, 1998. 5. Amount Claimed: 15.0 gallons per minute, Absolute. 6. Uses: Ordinary household purposes inside a single family dwelling, irrigation, the watering of livestock and fire protection purposes. 7. Name and Address of Owner of Land on which the Well is Located: Thomas P. Massopust, as described above. 8. Remarks: The Permit for the Daniel's Gulch Well No. 1 was issued pursuant to C.R.S. §37-92-602. Copies of the Permit, Well Construction and Test Report and Application for Well Location Amendment are attached as Exhibits “B,” "C" and "D." Upon approval of the plan for augmentation being requested, a new well permit application for the Well will be submitted to the State Engineer, along with a request that Permit No. 206285-A be cancelled. APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT: 1. Names of Structures to be Augmented: Daniel's Gulch Well Nos. 1,2 and 3. 2. Water Rights to be Used for Augmentation Purposes. a. Thomas P. Massopust (“Massopust”), has entered into a contract with North Fork Associates, LLC to purchase 22.4 shares of the capital stock of the Mountain Mutual Reservoir Company, ("MMRC"). The 22.4 shares represent the right to receive 0.704 of an acre foot of augmentation water per year from the water rights and storage facilities MMRC holds for the benefit of its shareholders, as more particularly described below. b. The water rights which MMRC owns for the benefit of its shareholders (hereinafter referred to as the "Bear Creek/Turkey Creek water rights"), are summarized as follows: i. Harriman Ditch. 7.71 shares of the 400 shares of capital stock (1.93%), issued and outstanding in the Harriman Ditch Company. Said Company owns direct flow water rights decreed to the Harriman Ditch. Pursuant to the Decree entered in Civil Action No. 6832, on February 4, 1884, the Ditch was awarded the following direct flow priorities:

Appropriation Date

Priority Number Source Amount MMRC Entitlement

April 15, 1868 21 Turkey Creek 10.75 cfs 0.2072 cfs March 16, 1869 23 Bear Creek 7.94 cfs 0.1530 cfs

May 1, 1871 25 Bear Creek 25.54 cfs 0.4923 cfs

Page 13: DISTRICT COURT, WATER DIVISION 1, COLORADO …MAY 2015 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are

13

March 1, 1882 30 Bear Creek 12.87 cfs 0.2481 cfs The Bear Creek headgate of the Harriman Ditch is located on the South bank of Bear Creek in the NE1/4 NE1/4, Section 2, Township 5 South, Range 70 West, 6th P.M., Jefferson County. The Turkey Creek headgate of the Harriman Ditch is located on the South bank of Turkey Creek near the Southwest corner of Section 6, Township 5 South, Range 69 West, 6th P.M., Jefferson County. The Ditch was originally decreed for irrigation, livestock watering, domestic and municipal purposes. ii. Warrior Ditch. 2.0 shares of the 160 shares of capital stock (1.25%), issued and outstanding in the Warrior Ditch Company. Said Company owns direct flow water rights decreed to the Warrior Ditch. Pursuant to the Decree entered in Civil Action No. 6832 on February 4, 1884, the Ditch was awarded the following direct flow priorities:

Appropriation Date

Priority Number Source Amount MMRC Entitlement

Dec. 1, 1861 4 Bear Creek 12.33 cfs 0.1541 cfs April 16, 1862 8 Turkey Creek 2.86 cfs 0.0358 cfs Oct. 31, 1864 14 Bear Creek 25.47 cfs 0.3184 cfs April 1, 1865 16 Bear Creek 11.49 cfs 0.1436 cfs

The headgates of the Warrior Ditch are the same as those of the Harriman Ditch, described above. The Ditch was originally decreed for irrigation purposes. iii. Soda Lakes Reservoir Nos. 1 and 2. 8.71 shares of the 400 shares of capital stock (2.18%), issued and outstanding in the Soda Lakes Reservoir and Mineral Water Company. Said Company owns storage water rights decreed to the Soda Lakes Reservoir Nos. 1 and 2. Pursuant to the Decree entered in Civil Action No. 91471 on September 24, 1935, the Soda Lake Reservoir Nos. 1 and 2 were adjudicated for 1,794 acre feet for irrigation purposes, and 598 acre feet for storage for supplying the City of Denver with water for municipal purposes, including the watering of lawns and gardens. The date of appropriation awarded the structures was February 11, 1893. The Soda Lakes Reservoirs are located in Section 1, Township 5 South, Range 70 West, 6th P.M., Jefferson County. The Reservoirs are filled through the Harriman Ditch. iv. Meadowview Reservoir. The structure is located in the NE1/4 SW1/4 and the NW1/4 SE1/4 of Section 26, Township 5 South, Range 71 West, 6th P.M., Jefferson County. Meadowview Reservoir was awarded an absolute water right in Case No. 2009CW92 (2001CW294), in an amount of 20 acre feet, and a conditional water right in Case No. 94CW290, in an amount of 30 acre feet, for augmentation, replacement, exchange and substitution purposes. The source is water tributary to North Turkey Creek. Harriman Ditch and Warrior Ditch direct flow water and water available to MMRC in the Soda Lakes Reservoirs are also stored in Meadowview Reservoir by exchange pursuant to the appropriative rights of substitution and exchange decreed in Case Nos. 94CW290, 2000CW060 and 2001CW293. c. The overall "firm" yield of consumptive use water available from the MMRC portfolio of Bear Creek/Turkey Creek water rights and storage facilities was quantified in the Decree entered by the District Court for Water Division 1 in Case No. 2001CW293, dated July 16, 2003. The terms and conditions under which the Bear Creek/Turkey Creek water rights are used for augmentation and replacement purposes are set forth in the Decree in Case No. 2001CW293, and are deemed to be res judicata in future proceedings involving such rights, pursuant to Williams v. Midway Ranches, 938 P.2d 515 (Colo. 1997). Reference is made to the Decree in Case No. 2001CW293 for more detailed information. 3. Statement of Plan for Augmentation, Covering all Applicable Matters under C.R.S. §37-92-103(9), §302(1)(2) and §305(8): a. Massopust is the owner of a 35 acre parcel of property located in the SE 1/4 of Section 25, Township 4 South, Range 71 West, 6th P.M., Jefferson County. One single family residence currently exists on the property. Massopust proposes to subdivide the property into three residential lots. One of the lots will have a separate guest house and a barn with a bathroom, in addition to a single-family residence. The property is depicted on the attached Exhibit "A." b. The water supply for the residences, the guest house and the barn is or will be obtained from the Daniel's Gulch Well Nos. 1-3. Wastewater from all in-building uses of water is or

Page 14: DISTRICT COURT, WATER DIVISION 1, COLORADO …MAY 2015 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are

14

will be treated utilizing non-evaporative septic systems with soil absorption leach fields. Return flows are to an unnamed tributary of Cold Springs Gulch. c. Based on prior engineering studies of similar residential subdivisions, it is assumed that the maximum average occupancy of the single family residences will be 3.5 persons, that the maximum average occupancy of the separate guest house will be 2.0 persons, and that per capita daily water usage will not exceed 80 gallons as an annual average. Water usage for the bathroom in the barn has been determined to be no more than 20 gallons per day as an annual average. The augmentation plan will also cover the irrigation of 21,800 square feet of lawn grass, or equivalent gardens, and the watering of 8 horses or equivalent domestic animals. Gross irrigation requirements for lawn grass are anticipated to be no more than 1.25 acre feet of water per irrigated acre. Gross irrigation requirements for gardens are no more than 0.5 of an acre foot per irrigated acre. Water requirements for horses, or equivalent domestic animals, are assumed to be 10 gallons per animal per day. The total volume of water required is projected to be approximately 1.86 acre feet per year. d. Depletions associated with water that is used inside each single-family residence, the guest house and the bathroom in the barn will be based on a ten percent (10%) consumption factor. Consumption of lawn grass at this location is 1.0 acre-foot per acre. Consumption of gardens is 0.4 of an acre foot per acre. All of the water supplied to horses is assumed to be consumed. Maximum stream depletions are not anticipated to exceed 0.704 of an acre foot per year, or a maximum of 0.4 of a gallon per minute. e. The required volume of augmentation water will be provided from the sources described in Paragraph No. 2, above. Due to the small volume of annual stream depletions projected to occur under this plan, instantaneous stream depletions may be aggregated and replaced by one or more releases from storage of short duration. f. Whenever possible, depletions to the stream system which occur during the period April through October, inclusive, will be continuously augmented by MMRC forgoing the diversion of a portion of its Warrior Ditch and/or Harriman Ditch direct flow water rights. During times when MMRC's direct flow water rights are not in priority and during the months of November through March, inclusive, depletions will primarily be augmented by periodically releasing water from the Soda Lakes Reservoirs. Water may also be released from Meadowview Reservoir. g. Since the point of depletion associated with water use under this augmentation plan is on a side tributary of Bear Creek and upstream of the Harriman Ditch headgate, Massopust asserts an appropriative right of substitute supply and exchange pursuant to C.R.S. §37-80-120 and §37-92-302(1)(a). The reach of the exchange shall extend from the confluence of Bear Creek and Turkey Creek at Bear Creek Lake in Section 5, Township 5 South, Range 69 West, 6th P.M., Jefferson County; thence up Bear Creek to its confluence with Cold Springs Gulch, located in the NW1/4 NW1/4 of Section 31, Township 4 South, Range 71 West, 6th P.M.; thence up Cold Springs Gulch to its confluence with an unnamed tributary in the SW1/4 SE1/4 of Section 25, Township 4 South, Range 71 West, 6th P.M.; and thence up the unnamed tributary to the point where depletions from the Daniel's Gulch Well Nos. 1-3 impact the unnamed tributary in the SW1/4 SE1/4 of Section 25, Township 4 South, Range 71 West, 6th P.M. The exchange will operate to replace depletions to the flow of water in the unnamed tributary of Cold Springs Gulch, Cold Springs Gulch, Bear Creek and the South Platte River as the depletions occur. The exchange will be administered with a priority date of May 29, 2015, at a maximum flow rate of 0.001 of a cubic foot per second. 4. Name and Address of Owner of Land on which New Structures will be Located: Thomas P. Massopust, as described above. WHEREFORE, Massopust requests the entry of a decree approving this Application, specifically determining that the source and location of delivery of augmentation water are sufficient to eliminate material injury to vested water rights. Massopust also requests a determination that the Daniel's Gulch Well Nos. 1-3 can be operated without curtailment so long as out-of-priority stream depletions are replaced as proposed herein. Massopust further requests the entry of an Order directing the State Engineer to issue permits for the wells. (7 pages and four exhibits).

15CW3062 CITY OF FORT COLLINS, c/o Donnie Dustin, Water Resources Manager, 700 Wood Street, P.O. Box 580, Fort Collins, CO 80522, Telephone: (970) 221-6700. Please direct all correspondence to: Stuart B. Corbridge, Geoffrey M. Williamson, and Leila C. Behnampour, Vranesh and

Page 15: DISTRICT COURT, WATER DIVISION 1, COLORADO …MAY 2015 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are

15

Raisch, LLP, 1720 14th Street, Suite 200, Boulder, CO 80302, Telephone Number: (303) 443-6151, Fax Number: (303) 443-9586. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE, IN PART IN LARIMER COUNTY. 2. Names of structures: This application concerns Fort Collins’ claims regarding its Appropriative Rights of Exchange originally confirmed and approved in Case No. 92CW129, as changed in Case No. 05CW323 (“Exchanges”) that were not made absolute in Case No. 02CW225 (“Subject Exchanges”). a. Structures to which water may be exchanged and then diverted or stored include the following at the following rates under the Exchanges: Halligan Reservoir (a/k/a North Poudre Reservoir No. 16) (350 cfs); North Poudre Canal (150 cfs); Seaman Reservoir (a/k/a Milton Seaman Reservoir) (350 cfs); North Poudre Supply Canal (a/k/a Munroe Canal) (250 cfs); City of Fort Collins Pipeline (17 cfs); Poudre Valley Canal (350 cfs); City of Greeley Pipeline (18 cfs); Pleasant Valley and Lake Canal (80 cfs); Larimer County Canal (350 cfs); New Mercer Ditch (27 cfs); Larimer County Canal No. 2 (81 cfs); Arthur Ditch (36 cfs); Larimer and Weld Canal (a/k/a Eaton Ditch) (350 cfs); Lake Canal (150cfs); Fossil Creek Reservoir Inlet Canal (250 cfs). b. Structures from which water may be foregone or released for under the Exchanges include the following at the following rates: City of Fort Collins Wastewater Treatment Plant No. 1 (a/k/a Fort Collins Mulberry Water Reclamation Facility) (7 cfs); City of Fort Collins Wastewater Treatment Plant No. 2 (a/k/a Fort Collins Drake Water Reclamation Facility) (26 cfs); City of Fort Collins Wastewater Treatment Plant No. 3 (18 cfs); Halligan Reservoir (a/k/a North Poudre Reservoir No. 16) (350 cfs); North Poudre Canal (150 cfs); Seaman Reservoir (a/k/a Milton Seaman Reservoir) (250 cfs); Poudre Valley Canal (350 cfs); City of Greeley Pipeline (18 cfs); Larimer County Canal (350 cfs); Claymore Lake (10 cfs); Larimer and Weld Canal (350 cfs); Lake Canal (150 cfs); Warren Lake Reservoir (40 cfs); Sherwood Lake (a/k/a Nelson Reservoir) (15 cfs); Fossil Creek Reservoir (250 cfs); New Mercer Ditch (27 cfs); Larimer County Canal No. 2 (81 cfs); Arthur Ditch (36 cfs). 3. Conditional water rights: a. Original decree approving and confirming Exchanges: Date: October 2, 1996 Case No. 92CW129 Court: District Court for Water Division 1. b. Subsequent decree awarding findings of diligence and making certain Exchanges absolute: Date: April 27, 2009 Case No. 02CW225 Court: District Court for Water Division 1. c. Subsequent decree changing the Exchanges: Date: April 23, 2014 Case No. 05CW323 Court: District Court for Water Division 1 d. Legal descriptions (the approximate locations of which are on the map attached to the application as Exhibit A): i. Halligan Reservoir (a/k/a North Poudre Reservoir No. 16), located in portions of Sec. 29, 32, 33, and 34, T11N, R71W, 6th P.M., Larimer County; ii. North Poudre Canal, located on the North Fork of the Cache la Poudre River at a point 1080 feet west and 170 feet north of the SE corner of Sec. 12, T10N, R71W, 6th P.M., Larimer County; iii. Seaman Reservoir (a/k/a Milton Seaman Reservoir), located in portions of Sec. 28 and 33, T9N, R70W, 6th P.M., Larimer County; iv. North Poudre Supply Canal (a/k/a Munroe Canal), located on the east bank of the Cache la Poudre River in the SW1/4, NE1/4 of Sec. 5, T8N, R70W, 6th P.M., Larimer County, at a point whence the Southeast corner of said Sec. 5 bears south 37°27'30" east 3647.5 feet; v. City of Fort Collins Pipeline, located in the SE1/4, Sec. 32, T9N, R70W, 6th P.M., Larimer County being more particularly described as follows: Considering the East line of said SE1/4 as bearing N 7°49'9" E, and with all bearings contained therein relative thereto; commencing at the SE corner of said Sec. 32: thence N 4°32'46" E, 1335.13 feet to the center of said pipeline intake. vi. Poudre Valley Canal, located 1020 feet N and 160 feet E of the SW corner of Sec. 10, T8N, R70W, 6th P.M., Larimer County; vii. City of Greeley Pipeline, located 1790 feet S and 1970 feet W of the NE corner of Sec. 15, T8N, R70W, 6th P.M., Larimer County; viii. Pleasant Valley and Lake Canal, located 1570 feet E and 1720 feet N of the SW corner of Sec. 14, T8N, R70W, 6th P.M., Larimer County; ix. Larimer County Canal, located 610 feet N and 1540 feet E of the SW corner of Sec. 13, T8N, R70W, 6th P.M., Larimer County; x. New Mercer Ditch, located 70 feet N and 295 feet E of the SW corner of Sec. 29, T8N, R69W, 6th P.M., Larimer County; xi. Larimer County Canal No. 2, located 70 feet N and 295 feet E of the SW corner of Sec. 29, T8N, R69W, 6th P.M., Larimer County; xii. Arthur Ditch, located 200 feet N and 440 feet E of the SW corner of Sec. 34, T8N, R69W, 6th P.M., Larimer County; xiii. Larimer and Weld Canal (a/k/a Eaton Ditch), located 460 feet N and 2150 feet E of the SW corner of Sec. 34, T8N, R69W, 6th P.M., Larimer County; xiv. Lake Canal, located 600 feet W and 680 feet N of the SE corner of Sec. 2, T7N, R69W, 6th P.M., Larimer County; xv.

Page 16: DISTRICT COURT, WATER DIVISION 1, COLORADO …MAY 2015 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are

16

Fossil Creek Reservoir Inlet Canal, located 85 feet W and 2600 feet N of the SE corner of Sec. 20, T7N, R68W, 6th P.M., Larimer County; xvi. City of Fort Collins Wastewater Treatment Plant No. 1 (a/k/a Fort Collins Mulberry Water Reclamation Facility): A facility that discharges wastewater, located in the S1/2, SE1/4, Sec. 12, T7N, R69W, 6th P.M., Larimer County; xvii. City of Fort Collins Wastewater Treatment Plant No. 2 (a/k/a Fort Collins Drake Water Reclamation Facility): A facility that discharges wastewater, located in the E1/2, SE1/4, Sec. 20, T7N, R68W, 6th P.M., Larimer County; xviii. City of Fort Collins Wastewater Treatment Plant No. 3: A planned facility that will discharge wastewater, located in the SW1/4, Sec. 13, T6N, R68W, 6th P.M., Larimer County; xix. Claymore Lake, located in the SE1/4 of Sec. 31 and the SW 1/4 of Sec. 32, T8N, R69W, 6th P.M., Larimer County; xx. Warren Lake Reservoir, located in the W1/2 of Sec. 31, T7N, R68W, 6th P.M., and in Sec. 36, T7N, R69W, 6th P.M., Larimer County; xxi. Sherwood Lake (a/k/a Nelson Reservoir), located in the N1/2 of Sec. 30, T7N, R68W, 6th P.M., Larimer County; xxii. Fossil Creek Reservoir, located in portions of Sec. 9, 10, 15, 16, and 17, T6N, R68W, 6th P.M., Larimer County. e. Source: The source of water diverted or stored by exchange at Halligan Reservoir, North Poudre Canal, and Seaman Reservoir is the North Fork of the Cache la Poudre River, tributary of the Cache la Poudre River. The source of water diverted or stored by exchange at all other listed structures is the Cache la Poudre River, a tributary of the South Platte River. The water rights used as substitute supplies in the Exchanges are the water rights represented by certain shares owned by Fort Collins in the Arthur Irrigation Company, the Larimer County Canal No. 2 Irrigating Company, the New Mercer Ditch Company, and the Warren Lake Reservoir Company, which were all changed and made available for use in the Exchanges pursuant to the decrees entered in Case Nos. 92CW129 and 05CW323 (“92CW129 Shares” and “05CW323 Shares,” respectively). f. Appropriation date and amount: December 18, 1992. These structures can be used individually or in any combination up to a maximum of 350 cfs. The flow rate for the release diversion or storage at any individual structure shall not exceed the amount listed above for that structure and the simultaneous cumulative total diversions at all such structures shall not exceed 350 cfs. g. Use: Uses shall include all municipal uses, including but not limited to domestic, irrigation, commercial, industrial, recreation, fishery, piscatorial, and wildlife, within the Fort Collins’ service area as it now exists or may from time to time be expanded, and for augmentation, replacement and substitution, and exchange, including contract exchanges or water trades made by mutual agreement with other water users. Water diverted by exchange will flow directly to immediate use or will be stored for later use. To the extent the replacement water supplied by Fort Collins is fully consumable, the water Fort Collins diverts by exchange shall be fully consumable. 4. Activities undertaken by Fort Collins toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures, during the diligence period: a. Actual Operation of Certain Exchanges and the 92CW129 Shares: Fort Collins has operated some of the Exchanges using the 92CW129 Shares and existing facilities. The Exchanges operated during the diligence period and the flow rates exchanged are listed below in Paragraph 5, which is incorporated by reference. Fort Collins has also operated the 92CW129 Shares for changed uses, including diversions at various alternate points of diversion. Fort Collins has further taken various actions with respect to the 05CW323 Shares for the future use in the Exchanges. b. Additional Diligence Activities: The City has undertaken additional efforts during the diligence period that demonstrate diligence towards the Subject Exchanges. The City possesses an integrated water supply system, and the Exchanges decreed in Case Nos. 92CW129 and 05CW323 are part of said system. Pursuant to C.R.S. § 37-92-301(4)(b), diligence on one part of that system shall be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the system. During the diligence period, those efforts include, but are not limited to, the activities summarized below. Dollar values have not yet been assigned to all of these efforts, including the efforts summarized herein. i. The City has spent nearly $17.8 million to develop the Halligan Reservoir Enlargement and Rigden Reservoir. ii. The City has spent about $2.1 million to design and construct a pre-sedimentation basin at the head of the Pleasant Valley Pipeline. iii. As part of the permitting process for the Halligan Reservoir Enlargement project, the City has and is analyzing alternatives that will involve use of several structures to be used by the subject water rights. iv. The City filed for junior storage and exchange rights involving Rigden Reservoir and Halligan Reservoir.

Page 17: DISTRICT COURT, WATER DIVISION 1, COLORADO …MAY 2015 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are

17

v. The City has participated in various cases in the District Courts for Water Divisions 1 and 6 to protect its water rights. vi. The City has participated in proceedings before the Colorado Water Quality Control Commission with respect to its effluent. vii. Fort Collins Utilities staff has spent significant time on planning activities to incorporate the Exchanges into the overall water supply for the City, including computer modeling that incorporates the Exchanges into the City’s water supply planning efforts. viii. The City has spent over $1,500,000 in legal fees and engineering costs during the diligence period to support the City’s own water rights applications or to protect its existing water rights by opposing the water rights applications of others. c. Future Need for Water: Fort Collins’ actual need for the water diverted and stored under the Exchanges has not been as great during the diligence period as it will be in the future. As Fort Collins grows and water demands increase, there will be an increasing need to divert more water under the Exchanges. Fort Collins has a continuing and future need for all of the water and exchange potential decreed under the Exchanges, and has the continuing plan and intent to develop and put to beneficial use all of the Exchanges. 5. Dates and amounts of water applied to beneficial use: a. During the diligence period, Fort Collins actually diverted and put to beneficial use the amounts of water listed below, under each of the Subject Exchanges listed below, and these Subject Exchanges and amounts should be made absolute: i. From 2005 through 2015, during the months of November through March, Fort Collins exchanged water attributable to the 92CW129 Shares from Halligan Reservoir to the City of Fort Collins Pipeline. The maximum rate of exchange was 1.8 cfs (1.76 cfs after transit losses) between November 1, 2009 and March 20, 2010. The water was subsequently treated and used within the City’s municipal system. Records evidencing these exchanges are attached to the application as Exhibit B. ii. On June 22-23, 2014, Fort Collins exchanged water attributable to the 92CW129 Shares from Fossil Creek Reservoir, via the Fossil Creek Reservoir Outlet, to the Munroe Canal. The maximum rate of exchange was 10.829 cfs. The water was subsequently delivered into the Pleasant Valley Pipeline, treated, and used within the City’s municipal system. Records evidencing these exchanges are attached to the application as Exhibit C. b. Description of place of use where water is applied to beneficial use: Fort Collins’ service area, the approximate location of which is shown on the map attached to the application as Exhibit D. 6. Names and addresses of owners of land upon which structures are or will be located or upon which water is or will be stored, including any modifications to the existing storage pool: a. North Poudre Supply Canal (a/k/a Munroe Canal): The point of diversion for the Munroe Canal is on land owned by the North Poudre Irrigation Company, 160 W. Mountain Ave., Fort Collins, CO 80521. b. North Poudre Canal: The point of diversion for the North Poudre Canal is on land owned by the Landowners Association for Phantom Canyon Ranches, 325 Sagewood Dr., Loveland, CO 80538. The structure itself is owned by the North Poudre Irrigation Company. c. Fossil Creek Reservoir Inlet Canal and Fossil Creek Reservoir: The point of diversion for the Fossil Creek Reservoir Inlet Canal and Fossil Creek Reservoir is on land owned by North Poudre Irrigation Company, 3729 Cleveland, Wellington, CO 80549; City of Fort Collins; State of Colorado, Board of Agriculture, 102 Administration Building, Fort Collins, CO 80523. d. Halligan Reservoir, as enlarged as addressed in Case No. 13CW3185, is also located on land owned by Fort Collins; State of Colorado, Division of Parks and Wildlife, 6060 Broadway Ave., Denver, CO 80216; United States of America, Department of the Interior, Bureau of Land Management, c/o John Mehlhoff, 2850 Youngfield Street, Lakewood, CO 80215; Landowners Association for Phantom Canyon Ranches, 325 Sagewood Dr., Loveland, CO 80538. e. Seaman Reservoir: Seaman Reservoir is located on land owned by the City of Greeley, Water Department, 1100 10th St., 3rd Floor, Greeley, CO 80631; State of Colorado, Department of Natural Resources, 6060 Broadway, Denver, CO 80216; United States of America, Arapaho/Roosevelt National Forest, 2150 Centre Ave. E., Fort Collins, CO 80526; State Board of Land Commissioners, 1127 Sherman St., Ste. 300, Denver, CO 80203. f. City of Greeley Pipeline: The point of diversion for the City of Greeley Pipeline is on land owned by the City of Greeley, 919 7th St., Greeley, CO 80631. g. Poudre Valley Canal: The point of diversion for the Poudre Valley Canal is on land owned by the State of Colorado, Division of Wildlife, 6060 Broadway, Denver, CO 80216. The Poudre Valley Canal is owned by the Windsor Reservoir and Canal Company, 106 Elm, P.O. Box 206, Eaton, CO 80615. h. Pleasant Valley and Lake Canal and Claymore Lake: The point of diversion for the Pleasant Valley and Lake Canal is

Page 18: DISTRICT COURT, WATER DIVISION 1, COLORADO …MAY 2015 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are

18

located on land owned by City of Greeley, 919 7th St., Greeley, CO 80631. Pleasant Valley and Lake Canal and Claymore Lake are owned by Pleasant Valley and Lake Canal Company, 160 West Mountain Avenue, P.O. Box 421, Fort Collins, CO 80522. i. Larimer County Canal: The point of diversion for the Larimer County Canal is on land owned by the Water Supply and Storage Company, 2319 East Mulberry St., Fort Collins, CO 80524. j. New Mercer Ditch: The point of diversion for the New Mercer Ditch is located on land owned by Brinks James S. Trust, PO Box 710, LaPorte, CO 80535. The structure itself is owned by the New Mercer Ditch Company, 125 South Howes, Suite 900, P.O. Box 506, Fort Collins, CO 80522-0506. k. Larimer County Canal No. 2: The point of diversion for Larimer County Canal No. 2 is located on land owned by Brinks James S. Trust, PO Box 710, LaPorte, CO 80535. l. Arthur Ditch: The point of diversion for the Arthur Ditch is on land owned by Martin Marietta Materials Inc., PO Box 8040, Fort Wayne, IN 46898. The structure itself is owned by the Arthur Irrigation Company, 125 South Howes, Suite 900, P.O. Box 506, Fort Collins, CO 80522-0506. m. Larimer and Weld Canal (a/k/a Eaton Ditch): The point of diversion for the Larimer and Weld Canal is on land owned by Larimer and Weld Irrigation Company, PO Box 206, Eaton, CO 80615. n. Lake Canal: The point of diversion for the Lake Canal is on land owned by the City of Fort Collins. o. Warren Lake Reservoir: Warren Lake Reservoir is located on land owned by Warren Lake Reservoir Company, PO Box 506, Fort Collins, CO 80522. p. Sherwood Lake (a/k/a Nelson Reservoir): Sherwood Lake is owned by The Sherwood Reservoir Company, 125 South Howes, Suite 900, P.O. Box 506, Fort Collins, CO 80522-0506. q. City of Fort Collins Pipeline: The point of diversion for the Fort Collins Pipeline is on land owned by Fort Collins. r. Fort Collins is the owner of the land where the City of Fort Collins Wastewater Treatment Plants Nos. 1 and 2 are located. Fort Collins owns the land at the point where City of Fort Collins Wastewater Treatment Plant No. 1 (a/k/a Fort Collins Mulberry Water Reclamation Facility) discharges to the Cache la Poudre River. The land underlying the discharge point from City of Fort Collins Wastewater Treatment Plant No. 2 (a/k/a Fort Collins Drake Water Reclamation Facility) to the Cache la Poudre River is owned by State of Colorado, Board of Agriculture, 102 Administration Building, Fort Collins, CO 80523, and the land underlying the discharge point from that facility to the Fossil Creek Reservoir Inlet Canal is owned by the North Poudre Irrigation Company. The City of Fort Collins Wastewater Treatment Plant No. 3 will be located on land owned by Larimer County, P.O. Box 1190, Fort Collins, CO 80522. (13 pages) 15CW3063 PIONEER PRESERVE, LLC, 1864 Woodmoor Drive, Ste. 100, Monument, CO 80132 (Please address all pleadings and correspondence to: Chris D. Cummins, Ryan W. Farr, Felt, Monson & Culichia, LLC, 319 N. Weber St., Colorado Springs, Colorado 80903, (719) 471-1212). Application for Adjudication of Denver Basin Groundwater and for Approval of Plan for Augmentation EL PASO COUNTY. Summary of Application. Applicant wishes to construct a new, non-exempt well on Applicant's approximately five acre property, as more particularly described in Paragraph III.A. below, and as depicted on the attached Exhibit A map ("Applicant's Property), to provide water service to a single family dwelling thereon. 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. Property Description. The well will be located on Applicant's Property, described as the SE1/4 of the NW1/4 of Section 10, Township 11 South, Range 67 West of the 6th P.M. except that portion of the W1/2 of the SE1/4 of the NW1/4 of said Section 10, lying north of the right of way of the Atchison, Topeka and Santa Fe Railway Company, and except the right of way of the Denver and Rio Grande Western Railroad Company, County of El Paso, Colorado. See attached Exhibit A general location map. Water Source. Not-Nontributary. The groundwater withdrawn from the Dawson and Denver aquifers of the Denver Basin underlying Applicant's Property is not-nontributary. Pursuant to § 37-90-137(9)(c.5), C.R.S., the augmentation requirements for wells in the Dawson and Denver aquifers will require the replacement of actual stream depletions. Nontributary. The groundwater withdrawn from the Arapahoe and Laramie-Fox Hills aquifers of the Denver Basin underlying the Applicant's Property is nontributary. Estimated Rates of Withdrawal and Groundwater Available. Estimated Rates of Withdrawal. Pumping from the well will not exceed 20 g.p.m. for the Dawson aquifer and 50 g.p.m. for the Denver aquifer. The actual

Page 19: DISTRICT COURT, WATER DIVISION 1, COLORADO …MAY 2015 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are

19

pumping rate for the well will vary according to aquifer conditions and well production capabilities. The Applicant's request the right to withdraw groundwater at rates of flow necessary to withdraw the entire decreed amounts. The actual depth of the well to be constructed within the respective aquifer will be determined by topography and actual aquifer conditions. Estimated Average Annual Amounts of Groundwater Available. Applicant requests a vested right for the withdrawal of all legally available groundwater in the Denver Basin aquifers underlying the Applicant's Property. Said amounts may be withdrawn over the 100-year life of the aquifers as required by § 37-90-137(4), C.R.S. Applicant estimates that the following values and average annual amounts are representative of the Denver Basin aquifers underlying Applicant's Property:

Aquifer Sand Thickness (Feet)

Total Groundwater Storage

(Acre Feet)

Annual Average Withdrawal (Acre Feet)

Dawson (NNT) 387 390 3.90

Denver (NNT 4%) 258 220 2.20

Arapahoe (NT) 417 350 3.50

Laramie Fox Hills (NT)

188 140 1.40

Decreed amounts may vary based upon the State's Determination of Facts. Pursuant to § 37-92-305(11), C.R.S., the Applicant further requests that the Court retain jurisdiction to finally determine the amount of water available for appropriation and withdrawal from each aquifer. Requested Uses. The Applicant requests the right to use the groundwater for beneficial uses upon the Applicant's Property consisting of domestic, commercial, irrigation, 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 § 37-90-137(9)(b), C.R.S. 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 or Denver aquifers 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 § 37-90-137(9)(c.5), C.R.S. Well Fields. Applicant requests that it 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. Averaging of Withdrawals. Applicant requests that they be entitled to withdraw an amount of groundwater 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. Name and Address of Owner of Land Upon Which Wells are to Be Located. The land upon which the wells are and will be located is owned by Applicant. Application for Approval of Plan for Augmentation. Structure to be Augmented. The structure to be augmented is a well to be constructed to either of the not-nontributary Dawson or Denver aquifers as will be permitted pursuant to this plan for augmentation, along with any replacement or additional wells associated therewith, of the Denver Basin underlying the Applicant's Property as requested and described herein. 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

Page 20: DISTRICT COURT, WATER DIVISION 1, COLORADO …MAY 2015 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are

20

Dawson or Denver aquifers, together with water rights from the nontributary Laramie-Fox Hills aquifer for any injurious post pumping depletions. Statement of Plan for Augmentation. Applicant wishes to provide for the augmentation of stream depletions caused by pumping of the not-nontributary Dawson or Denver aquifers by a proposed well herein for one residential lot. Water use criteria and their consumptive use component for replacement of actual depletions for the lots are as follows: Use. The well will pump 1.3 acre-foot of water per year from the Dawson or Denver aquifers. Household use is estimated at 0.20 to 0.30 acre-feet of water per year. Watering of up to 10 horses or similar livestock is estimated at 0.011 acre-feet per animal per year, or a total 0.11 acre-feet. The remaining 0.89 acre-feet shall be available for the irrigation of up to approximately 19,000 square feet of lawn and garden. Depletions. Applicant's consultant has determined that maximum stream depletions over the 100 year pumping period for the Dawson aquifer amounts to approximately 12.7% of pumping. Additionally, for the Denver aquifer, the Applicant's Property is more than one mile from stream/aquifer contact, therefore, stream depletion is set at 4% of pumping. Consequently, maximum depletions per residential pumping of 1.3 acre feet per year equals 0.16 acre feet for the Dawson aquifer and 0.05 acre feet for the Denver. Augmentation of Depletions During Pumping. Pursuant to § 37-90-137(9)(c.5), C.R.S., Applicant is required to replace actual stream depletions attributable to the pumping of the well. 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% or a minimum of 0.02 acre-feet per year for 0.20 acre-feet of household use, or 0.03 acre-feet per year for 0.30 acre-feet of household use. This results in a return flow of a minimum of 0.18 acre-feet per year. Thus, during pumping and regardless of to which not-nontributary aquifer the well may be constructed, stream depletions will be adequately augmented. Augmentation for Post Pumping Depletions. For the replacement of any injurious post-pumping depletions which may be associated with the use of the Dawson aquifer or Denver aquifer well, Applicant will reserve up to 1.4 acre-feet of water from the nontributary Laramie Fox Hills aquifer, less the amount of actual stream depletions replaced during the plan pumping period. 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 Laramie-Fox Hills nontributary water will be used to replace any injurious post-pumping depletions. Upon entry of a decree in this case, the Applicant will be entitled to apply for and receive a well permit for a Dawson or Denver aquifer well for the uses in accordance with this Application and otherwise in compliance with § 37-90-137, C.R.S.

15CW3064 City of Aurora, Colorado, acting by and through its Utility Enterprise (“Aurora Water”), 15151 East Alameda Parkway, Suite 3600, Aurora, Colorado 80012-1555, Telephone: 303-739-7370. Please send all pleadings and correspondence to Applicant’s counsel: Steven O. Sims, John A. Helfrich, and Dulcinea Z. Hanuschak, Brownstein Hyatt Farber Schreck, LLP, 410 17th Street, Suite 2200, Denver, CO 80202, Phone: (303) 223-1100, Fax: (303) 223-1111, email: [email protected], [email protected], [email protected]. APPLICATION FOR APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE CONDITIONAL WATER RIGHTS ABSOLUTE in ADAMS, ARAPAHOE, DOUGLAS AND WELD COUNTIES. (A) Name of Structure. Aquifer Recharge and Recovery Facility A ("ARR-A"). (1) Description of conditional water right: (a) Date of original decree: August 28, 2009; Case No. 06CW104; District Court, Water Division No. 1. (b) Subsequent decrees: none. (c) Legal description: The centroid of the facility is located in the SE1/4 of the SW1/4, Section 13, T1N, R67W, 6th P.M. The facility will occupy all or portions of the following quarter-sections, all located in T1N, R67 W, 6th P.M.: the S1/2 and NW1/4 of the SE1/4 and the SW1/4 of Section 13, and the N1/2 of the NW1/4 of Section 24. See Exhibit 1. (d) Source: South Platte River. (e) Date of appropriation: April 28, 2006. (f) Structure Capacity: (i) Total Capacity: 1,180 acre feet, Conditional, to be filled and refilled by artificial means with an annual volumetric limit on all fills

Page 21: DISTRICT COURT, WATER DIVISION 1, COLORADO …MAY 2015 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are

21

and refills of 19,000 acre feet. (ii) Active Capacity: 1,050 acre feet, Conditional. (iii) Dead Storage: 130 acre feet. (g) Rates of diversion: (i) Prairie Waters Project Well Field combined rate: A maximum of 77.4 c.f.s. (ii) Brighton Ditch: A maximum of 60 c.f.s. (iii) Brantner Ditch: A maximum of 110 c.f.s. (B) Name of Structure. Surface Gravel Pit Storage Facility A ("Gravel Pit Reservoir A"). (1) Description of conditional water right. (a) Date of original decree: August 28, 2009; Case No. 06CW104; District Court, Water Division No. 1. (b) Subsequent decrees: none. (c) Legal description: The centroid of the facility is located in the SE1/4 of the SW1/4, Section 13, T1N, R67W, 6th P.M. The facility will occupy all or portions of the following quarter-sections, all located in T1N, R67 W, 6th P.M.: the S1/2 and NW1/4 of the SE1/4 and the SW1/4 of Section 13, and the N1/2 of the NW1/4 of Section 24. See Exhibit 1. (d) Source: South Platte River. (e) Date of appropriation: April 28, 2006. (f) Structure Capacity: (i) Total Capacity: 9,500 acre feet, Conditional, to be filled and refilled by artificial means with an annual volumetric limit on all fills and refills of 19,000 acre feet. (ii) Active Capacity: 9,500 acre feet, Conditional. (iii) Dead Storage: 0 acre feet. (iv) Approximate surface area at high water line: 221 acres. (v) Maximum height of dam: 24 feet. (vi) Length of dam: 16,170 feet. (vii) Depth: maximum depth of approximately 65 feet. (viii) Rate of diversion: (A) Prairie Waters Project Well Field combined rate: A maximum of 77.4 c.f.s. (B) Brighton Ditch: A maximum of 60 c.f.s. (C) Brantner Ditch: A maximum of 110 c.f.s. (C) Name of Structure. Prairie Waters Project Well Field ("PWP Well Field"). (1) Description of conditional water right. (a) Date of original decree: August 28, 2009; Case No. 06CW104; District Court, Water Division No. 1. (b) Subsequent decrees: none. (c) Legal description: The well field is located in sections 7, 18, 19 30 and 31, Township 1 North, Range 66 West, 6th P.M. See Exhibit 1. (d) Source: South Platte River. (e) Date of appropriation: April 28, 2006. (f) Structure Capacity: The maximum rate of diversion of each horizontal well is 4,000 gallons per minute. The maximum rate of diversion of the vertical wells is shown below. The total diversions from the four (4) horizontal and forty five (45) vertical wells that comprise the PWP Well Field decreed in 06CW104 and the six (6) additional in-fill wells decreed in 13CW3042, shall not exceed 77.4 c.f.s. Vertical Well No. 10 – 750 gallons per minute Vertical Well No. 10A – 1,300 gallons per minute Vertical Well No. 11 – 750 gallons per minute Vertical Well No. 12 – 750 gallons per minute Vertical Well No. 13 – 750 gallons per minute Vertical Well No. 14 – 500 gallons per minute Vertical Well No. 15 – 500 gallons per minute Vertical Well No. 16 – 750 gallons per minute Vertical Well No. 18 – 500 gallons per minute Vertical Well No. 19 – 500 gallons per minute Vertical Well No. 20 – 750 gallons per minute Vertical Well No. 21 – 750 gallons per minute Vertical Well No. 22 – 750 gallons per minute Vertical Well No. 23 – 500 gallons per minute Vertical Well No. 24 – 500 gallons per minute Vertical Well No. 25 – 500 gallons per minute Vertical Well No. 26 – 900 gallons per minute The remaining 28 vertical wells will each divert at a maximum rate of 1,200 gallons per minute. (g) Depth of wells: 30.5 to 46.0 feet. (D) Name of structure: Prairie Waters Project Exchanges ("PWP Exchanges"). (1) Description of conditional water right. (a) Date of original decree: August 28, 2009; Case No. 06CW104; District Court, Water Division No. 1. (b) Subsequent decrees: none. (c) Legal description: The PWP Exchanges will operate in that reach of the South Platte River in Adams and Weld Counties between the Brantner Ditch headgate as the upper terminus and the outlet of Gilcrest Reservoir to the South Platte River as the lower terminus. See Exhibit 1. (d) Source: South Platte River. (e) Date of appropriation: April 28, 2006. (f) Rate and Volume Limits on PWP Exchanges: (i) The PWP Exchanges may be operated at a maximum combined total rate of up to 150 c.f.s. (ii) The maximum amount of water

Page 22: DISTRICT COURT, WATER DIVISION 1, COLORADO …MAY 2015 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are

22

that may be diverted under the PWP Exchanges at all Exchange To Points shall be limited to a maximum of 21,000 acre-feet in any water year and to no more than an average of 10,600 acre-feet per water year over any consecutive 20-year period. (iii) The total flow rates claimed for diversion at all upstream points of exchange claimed herein by Aurora (“Exchange To Points”) exceed the maximum rate of exchange claimed by Aurora in its application, therefore the maximum combined rate of diversion for the PWP Exchanges at all Exchange To Points is limited to 150 c.f.s. The maximum amount of water that may be diverted under the PWP Exchanges at all Exchange To Points shall be limited to a maximum of 21,000 acre-feet in any water year and to no more than an average of 10,600 acre-feet per water year over any consecutive 20-year period. The maximum rate of exchange for each of the individual exchanges included within the PWP Exchanges is further limited to the rate shown for that individual exchange on the Exchange Matrix attached hereto as Exhibit 2. The Exchange To points are: (A) The PWP Well Field that has a maximum combined diversion rate of 77.4 c.f.s. The PWP Well Field South Platte River depletions occur at the following locations: (B) Depletions from wells VW-10A and VW-10 through 32 occur at the midpoint of the Group A wells (identified in paragraph 27.5.1.1) on the South Platte River. The mid-point is located 190 feet east of well VW-20 at the SW1/4NW1/4 of Section 18, T1N, R66W, 2,520 ft. from the North Section Line, 1,190 feet from the West Section line. (C) Depletions from wells VW-1 through 9, VW-33 through 44, and CW-A through D occur at the midpoint of the Group B wells (identified in paragraph 27.5.1.2) on the South Platte River. The mid-point is located 660 feet east of well VW-44 at the NE1/4NW1/4 of Section 31, T1N, R66W, 550 ft. from the North Section Line, 1,450 feet from the West Section line. (D) Brantner Ditch Headgate: Maximum rate of 110 c.f.s. (E) Brighton Ditch Headgate: Maximum rate of 60 c.f.s. (F) Lupton Bottom Ditch Headgate: Maximum rate of 90 c.f.s. (iv) Downstream Points of Exchange (“Exchange From Points”). Augmentation stations for the Exchange From Points have not yet been constructed and the following locations are where there is an existing augmentation station or a natural drainage that would provide for augmentation returns to the South Platte River. The actual location of each augmentation station is subject to each respective ditch company's directive based on its bylaws and regulations. (A) Western Mutual Ditch Augmentation Station (a/k/a Hewes & Cook Ditch Augmentation Station). Water from the Western Mutual Ditch Augmentation Station will discharge into the South Platte River in the SE1/4NE1/4 of Section 26, T4N, R67W, 6th PM, Weld County, Colorado. (B) Meadow Island No. 1 Ditch Augmentation Station. Water from the Meadow Island No. 1 Ditch Augmentation Station will discharge into the South Platte River in the SE1/4NE1/4 of Section 12, T2N, R67W, 6th PM, Weld County, Colorado. (C) Platteville Ditch Augmentation Station. Water from the Platteville Ditch Augmentation Station will discharge into the South Platte River in the SW1/4 SE1/4 of Section 19, T2N, R66W, 6th PM, Weld County, Colorado. (D) Lupton Bottom Ditch Augmentation Station. Water from the Lupton Bottom Ditch Augmentation Station will discharge into the South Platte River in the SE1/4NE1/4 of Section 12, T2N, R67W, 6th PM, Weld County, Colorado. (E) McCanne Ditch Augmentation Station. Water from the McCanne Ditch Augmentation Station will discharge into the South Platte River in the NE1/4 SW1/4 of Section 19, T1N, R66W, 6th PM, Weld County, Colorado. (F) Platte Valley Trust Reservoir Outlet (or alternative reservoir with an outlet to the South Platte River that discharges downstream of the Town of Platteville but upstream of the Lower Latham Ditch headgate). Water from the Platte Valley Trust Reservoir Outlet will discharge into the South Platte River in the SE1/4NE1/4 of Section 26, T4N, R67W, 6th P.M., Weld County, Colorado. The Lower Latham Ditch headgate is located in the NW1/4NE1/4 of Section 31, T5N, R65W, 6th PM., Weld County, Colorado. (G) Aurora-Everist Reservoir Outlet. Water from the Aurora-Everist Reservoir Outlet will discharge into the South Platte River in the SW1/4NE1/4 of Section 30, T2N, R66W, 6th PM, Weld County, Colorado. Uses. The water rights shall be used for all municipal and domestic purposes including without limitation fire protection, irrigation, commercial and industrial use, recreational purposes, fish and wildlife propagation, stock watering, reservoir evaporation replacement, construction of any of the structures or pipelines used in the Prairie Waters Project, storage and maintenance of storage reserves, exchange and augmentation purposes, for use, reuse or successive use until extinction. The location of use shall be used in any Prairie Waters Project construction area, any area Aurora is capable of serving by these diversion and storage points within the existing or future water

Page 23: DISTRICT COURT, WATER DIVISION 1, COLORADO …MAY 2015 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are

23

service area of the City of Aurora located in Adams, Arapahoe and Douglas Counties or any extra-territorial area in which the City of Aurora contracts to provide augmentation water, treated or raw water service or any area in which Aurora has augmentation or delayed return flow obligations. Findings of Diligence. 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: Pursuant to C.R.S. § 37-92-301(4)(b), the measure of reasonable diligence is the steady application of effort to complete the appropriation in a reasonably expedient and efficient manner under all the facts circumstances. When a project or integrated system is comprised of several features, work on one feature of the project or system shall be considered finding that reasonable diligence has been shown in the development of water rights for all features of the entire project or system. Pursuant to paragraph 48 of the Case No. 06CW104 decree, Aurora’s municipal water system and each of the water rights and structures that are part of Aurora’s Prairie Waters Project (“PWP”) that now and in the future will provide water for Aurora comprise an integrated system of water rights and structures under section 37-92-301(4)(b), C.R.S. Therefore, Aurora Water’s work on any part of the PWP constitutes reasonable diligence on the conditional water rights decreed in Case No. 06CW104. Since receiving the decree in Case No. 06CW104, Aurora Water has diligently prosecuted the following additional features of the PWP: Aurora Water spent approximately $700 million completing the construction of ARR-A, the PWP well fields, the 34 mile pipeline from PWP to Aurora Reservoir, and the Peter Binney Water Treatment Facility. The initial capacity is 10,000 acre feet. Aurora Water began PWP deliveries in October 2010 and the system became fully operational in June 2012. Case No. 03CW414: conditional underground and surface storage rights for Aquifer Recharge and Recovery Site B (“ARR-B”), decreed August 1, 2007; findings of reasonable diligence decreed in Case No. 13CW3088, April 22, 2014. Case No. 03CW415: conditional storage rights for Aurora’s East Reservoir, decreed May 14, 2008; findings of reasonable diligence decreed in Case No. 14CW3065, March 2, 2015. Case No. 02CW330: conditional storage rights for Aurora-Everist Reservoir No. 1, decreed June 7, 2012. Case No. 97CW272: conditional storage rights for the Robert W. Walker Reservoir, decreed May 10, 2000; findings of reasonable diligence decreed in Case No. 06CW129, June 9, 2009. Case No. 97CW392: conditional storage rights for the Stillwater Ranch Reservoir, decreed May 10, 2000; findings of reasonable diligence decreed in Case No. 06CW130, June 9, 2009. Case No. 07CW37: change in the type and place of use of 9.023 shares of Brighton Ditch Co. from irrigation to municipal purposes by Aurora Water, decreed March 23, 2011. Case No. 13CW3080: conditional storage rights in Aurora-Everist Reservoir No. 2, decreed January 6, 2015. Case No. 13CW3042: addition of six (6) in-fill wells to the PWP Well Field and amendment of plan for augmentation decreed in Case No. 06CW104, decreed May 12, 2015. On May 6, 2015, Aurora entered into an unconditional contract with Gilcrest Reservoir, LLC, to purchase a portion of the property known as Gilcrest Reservoir (f/k/a Platte Valley Trust Reservoir). With an above grade berm, Aurora’s parcel will have sufficient capacity to store 10,000 acre feet of water. Water will be diverted into Aurora’s storage cell in Gilcrest Reservoir through a diversion structure on the Western Mutual Ditch and/or a pump station to divert directly from the South Platte River adjacent to the reservoir. Aurora’s Gilcrest Reservoir cell will have an outlet for returning water to the South Platte River that may be located at one of more of the following locations: (1) the SE1/4 of the NW1/4 of Section 2, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado; (2) the NW1/4 of the NW1/4 of Section 35, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado; and (3) the SW1/4 of the NE1/4 of Section 26, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. This contract satisfies the requirements of paragraph 57.1 of the 06CW104 decree to acquire at least 10,000 acre feet of storage in Platte Valley Trust Reservoir (or an alternative reservoir with an outlet to the South Platte River that discharges downstream of the Town of Platteville but upstream of the Lower Latham Ditch headgate) by the end of the first diligence period. This contract preserves the entirety of Aurora’s PWP Exchanges, which would otherwise have been limited according to the terms of paragraph 57.1. Claims to make conditional water rights absolute: Water was applied to beneficial use for each structure listed below in the place and manner described. Aquifer Recharge and Recovery Facility A. Date water applied to beneficial use: 2015 water year. Amount: 780 acre feet. Use:

Page 24: DISTRICT COURT, WATER DIVISION 1, COLORADO …MAY 2015 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are

24

As described in paragraph 10, above. Place of use: As described in paragraph 10, above. Prairie Waters Project Well Field. Date water applied to beneficial use: September 12, 2013. Amount: 9.72 c.f.s. Use: As described in paragraph 10, above. Place of use: As described in paragraph 10, above. 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: Aurora owns the property on which ARR-A and Gravel Pit Reservoir A are located. The Brighton Ditch is owned by the Brighton Ditch Company, Robert Sakata, President, P.O. Box 508, Brighton, CO 80601-0508. The contact person for the Brantner Ditch is Barry Marrs, New Brantner Extension Ditch Company, 2528 WCR 19, Fort Lupton, Colorado 80621. The Lupton Bottom Ditch headgate and ditch infrastructure are owned by Lupton Bottom Ditch Company, Howard Cantrell, Secretary, P.O. Box 305, Fort Lupton, Colorado 80621. Aurora-Everist Reservoir is owned by Aurora and L.G. Everist. The land underlying the outlet works is owned by the Gomer Hill Living Trust, Dated May 25, 2000, for the benefit of Gomer Hill, the Julane M. Hill Living Trust, Dated May 25, 2000, for the benefit of Julane M. Hill whose addresses are 12526 WCR 18, Ft. Lupton, CO 80621. L.G. Everist, Inc., an Iowa Corporation, whose address is 7321 East 88th Avenue, Suite 200, Henderson, CO 80640. Aurora has an easement that allows construction of the outlet works. The owners of property on which the PWP Well Field is located are listed in Exhibit 3. 009411\0412\12250146.1

15CW3065, The Farmers Reservoir and Irrigation Company. c/o Joseph B. Dischinger, Marjorie L. Sant, Fairfield and Woods, P.C., 1801 California Street, Suite 2600, Denver, CO 80202. The Burlington Ditch, Reservoir, and Land Company. c/o Scott E. Holwick, Lyons Gaddis Kahn Hall Jeffers Dworak & Grant, P.C., P.O. Box 978, Longmont, Colorado 80502. The Henrylyn Irrigation District. c/o Kent Holsinger, Alyson Meyer Gould, Holsinger Law, LLC, 1800 Glenarm Place, Suite 500, Denver, CO 80202. Application for Findings of Reasonable Diligence in ADAMS AND DENVER COUNTIES. Water rights and exchanges (claim to make absolute with remaining balance of volumes and rates of diversion claimed as conditional): (1) FRICO Multipurpose Right. Original Decree: Case No. 2002CW403, May 11, 2009, District Court, Water Division 1. Legal Descriptions: (i) Burlington Ditch (a/k/a Burlington O’Brian Canal): The headgate is on the east bank of the South Platte River in the NE1/4SW1/4, Section 14, Township 3 South, Range 68 West, 6th P.M., in the City and County of Denver, Colorado. The headgate is located at approximately latitude 039° 47’ 24.69” N, longitude 104° 58’ 9.97” W. The UTM coordinates are approximately NAD 1983 UTM Zone 13S 502616.89mE, 4404471.42mN; (ii) United Diversion Facility No. 3: The headgate of the United Diversion Facility No. 3 is on the east bank of the South Platte River in the SW1/4 of Section 26, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado, located approximately 1,636 feet east of the West line and 1,531 feet north of the South line of Section 26; latitude 039° 55’ 58.4”N, longitude 104° 51’ 32.36”W; (iii) The Metropolitan Wastewater Reclamation District Pump Station (“Metro Pumps”): The discharge of the Metro Pumps to the Burlington Canal is in NE1/4NW1/4 Section 12, Township 3 South, Range 68 West of the 6th P.M., Denver County, Colorado, located approximately 2,416 feet east of the West line and 975 feet south of the North line of Section 12; latitude 039° 48’ 36.4” N, longitude 104° 57’ 1.18” W; (iv) Barr Lake: Barr Lake is an off-channel reservoir located upon the whole or parts of Sections 15, 21, 22, 23, 26, 27, 28 and 33, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. The dam is located at a point at the center of Section 23, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado, approximately 2,766 feet south of the North line and 3,078 feet east of the West line of Section 23 extending northwesterly approximately 1.25 miles. Latitude 39º 57’ 1.15” North; Longitude 104º 44’ 25.70” West. Source: The South Platte River and its tributaries. Appropriation date: May 30, 2002. Amount: 15,000 acre-feet for direct flow and storage, diverted at the following rates: (i) Burlington Ditch: 900 cfs; (ii) United Diversion Facility No. 3: 500 cfs; (iii) Metro Pumps: 105 cfs. Uses: Municipal, domestic, industrial, commercial, manufacturing, recreation, livestock, irrigation, replacement, and augmentation. (2) Exchange decreed in Case No. 2002CW403, May 11, 2009, District Court,

Page 25: DISTRICT COURT, WATER DIVISION 1, COLORADO …MAY 2015 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are

25

Water Division 1. Reaches. (i) Upstream termini: (a) Burlington Ditch Headgate; (b) United Diversion Facility No. 3; (c) The Metropolitan Wastewater Reclamation District Pump Station. (ii) Downstream termini: (a) The Metropolitan Wastewater Reclamation District Outfall: Located in the SE1/4SW1/4SW1/4, Section 1, Township 3 South, Range 68 West of the 6th P.M., at a point 73 feet from the South section line and 1,343 feet from the West section line, in Adams County; (b) Outlet of Welby and Bambei-Walker Reservoirs in Denver Water’s South Gravel Pit Complex (formerly known as Cat/Miller Reservoirs): Located in the NE1/4NW1/4 of Section 1, Township 3 South, Range 68 West, 6th P.M. at a point 902 feet from the North section line and 2,613 feet from the West section line, in Adams County, Colorado; (c) Outlet of Hazeltine and Tanabe Reservoirs in Denver Water’s North Gravel Pit Complex: Located in the NE1/4NE1/4 of Section 3, Township 2 South, Range 67 West, 6th P.M. at a point 235 feet from the North section line and 2,645 feet from the East section line, Adams County, Colorado. Substitute supply: Fully consumable water delivered according to the terms of the agreement between Applicants and The City and County of Denver, acting by and through its Board of Water Commissioners dated August 31, 1999. Appropriation date: May 30, 2002. Amount: 3,000 acre-feet annually at a rate not to exceed 150 cfs and further limited to the amount of consumable water being discharged into the South Platte at the locations described in the application. Uses: Municipal uses, either directly or as a replacement source, within the Metropolitan Area as defined in the 5k Agreement. Development of rights: FRICO Multipurpose Right: FRICO operated the FRICO Multipurpose Right in accordance with the terms of the decree in Case No. 2002CW403 as follows: (1) Diverted 14,212.3 acre-feet in priority in Water Year 2015; (2) Diverted the Multipurpose Right at each decreed point of diversion: (i) The maximum rate of diversion at the Burlington Ditch was 462.5 cfs on October 26, 2011; (ii) The maximum rate of diversion at the United Diversion Facility No. 3 was 35.4 cfs on January 6, 2011; (iii) The maximum rate of diversion at the Metro Pumps was 90.2 cfs on December 29, 2011; (3) During the diligence period, FRICO revised its Barr Lake water rights accounting to reflect carryover of the FRICO Multipurpose Right, priority tracking, and paper-filling; (4) During the diligence period, FRICO has operated and maintained Barr Lake. Activities include, but are not limited to, monitoring lake levels; operating, maintaining, and repairing inlet and outlet works; accounting and record-keeping activities; and general reservoir maintenance activities. Operation and maintenance expenses have been incurred during the diligence period, including, but not limited to, FRICO staff time and outside consultant and construction expenses. Operation and maintenance of Barr Lake is an integral component of the FRICO Multipurpose Right; (5) During the diligence period, FRICO has operated and maintained the Burlington-O’Brian Canal. Activities include, but are not limited to, protection from other’s construction (City of Brighton, Metro Wastewater Reclamation District, Suncor Energy), ditch cleaning, and updating measurement structures (flow monitoring equipment, calibration, weir verification); (6) During the diligence period, FRICO has engaged in litigation to protect the FRICO Multipurpose Right, and incurred legal and engineering fees. Case No. 2002CW403 Exchange: The Applicants operated the Exchanges in 2011 and 2012 in accordance with the terms of the decree in Case No. 2002CW403: (1) In 2011, a total of 753.7 acre-feet was exchanged at a maximum rate of 30 cfs from the Metropolitan Wastewater Reclamation District Outfall to the Burlington Ditch Headgate; (2) In 2012, a total of 558.7 acre-feet was exchanged at a maximum rate of 10 cfs from the Metropolitan Wastewater Reclamation District Outfall to the Burlington Ditch Headgate. Claim to make absolute: FRICO Multipurpose Right. Year: Maximum diversion of the FRICO Multipurpose Right occurred in Water Year 2015. Storage location: Barr Lake. Amount claimed absolute: Volume: 14,212.3 acre-feet. Rates of diversion: 462.5 cfs at the Burlington Ditch, 35.4 cfs at the United Diversion Facility No. 3, and 90.2 cfs at the Metro Pumps. Uses: In accordance with § 37-92-301(4)(e), C.R.S., because it has been stored in Barr Lake, the FRICO Multipurpose Right has been made absolute for all decreed purposes (municipal, domestic, industrial, commercial, manufacturing, recreation, livestock, irrigation, replacement, and augmentation) in the amount of 14,212.3 acre-feet. Case No. 2002CW403 Exchange. Dates operated: 2011 and 2012. Volumes and rates exchanged: (1) In 2011, a total of 753.7 acre-feet was exchanged at a maximum rate of 30 cfs from the Metropolitan Wastewater Reclamation District Outfall to the Burlington Ditch Headgate; (2) In 2012, a total of 558.7 acre-feet was exchanged at a maximum rate of 10 cfs from

Page 26: DISTRICT COURT, WATER DIVISION 1, COLORADO …MAY 2015 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are

26

the Metropolitan Wastewater Reclamation District Outfall to the Burlington Ditch Headgate. (11 pages). 15CW3066 Jahanbin Gandomcar, Denver Polo Club, 10415 Roxborough Park Rd., Littleton, CO 80125. 303.791.7656. Robert E. Schween, Robert E. Schween, P.C., 62489 E. Border Rock Rd., Tucson, AZ 85739. Tele: 303-995-7870. Email: [email protected]. APPLICATION FOR PLAN FOR AUGMENTATION FOR ALLUVIAL WELL IN PLUM CREEK IN DOUGLAS COUNTY. 1. Name and Address of Applicant: Jahanbin Gandomcar, 10415 Roxborough Park Road, Littleton, CO 80125. [Telephone: 303.791.7656] Mr. Gandomcar is the owner of a decreed alluvial well, the Woodhouse Well No. 14278 (WDID No. 0808088), originally decreed in Case No. W-3419 (Water Division 1). The well is commonly called the Woodhouse Sump. 2. Name of Structure: Woodhouse Well No. 14278. 3. Background: A. Decree. The Water Court entered a decree for the Woodhouse Well No. 14278 (“Well No. 14278” or “Woodhouse Sump”) as an alternate point of diversion for the Charles T. Newmarch Ditch (“Newmarch Ditch”) in Case No. W-3419 on January 16, 1981. The Newmarch Ditch diverts from Plum Creek, north of Sedalia, in Douglas County. B. Source. Plum Creek, tributary to the South Platte River. C. Diversion Rate. Well No. 14278 is decreed for a rate of flow of 0.89 cfs. D. Use. Irrigation of up to 45 acres in the E1/2 of the NW1/4 and the SE1/4 of Section 10, Township 7 South, Range 68 West of the 6th P.M., as an alternate point of diversion for the Newmarch Ditch. E. Date of Appropriation. July 1, 1954. F. Decreed Location. Well No. 14278 was inaccurately described in the Case No. W-3419 decree. Applicant filed an application for a correction of an established but erroneously described point of diversion for such structure in Case No. 14-CW-3096 in August, 2014. At present, this case is pending in Water Division 1. The correct location of the well is as follows: At a point 1690 feet from the North section line and 2438 feet from the West section line in the SE1/4 of the NW1/4, Section 10, Township 7 South, Range 68 West of the 6th P.M., in Douglas County. See Exhibit A, General Location Map, and Exhibit B, Site Location Map. G. Purpose of Application. Well No. 14278 is a sump which operates to recharge water into the Plum Creek alluvium. See technical report by Quantum Water Consulting, attached as Exhibit C. To the extent that the sump exposes ground water, this application is filed to obtain a Water Court approved augmentation plan to replace such evaporation. 4. Augmentation Claim: A. Applicant owns nontributary ground water rights in the Arapahoe aquifer underlying his property in Douglas County. Such rights are described as follows: (1) Well Name: Well No. A-1; (2) Decree: Case No. 03-CW-205 (entered March 22, 2004); (3) Average Annual Amount: 79.5 acre-feet; (4) Well Permit: 75246-F; (5) Date of Well Completion: April 20, 2013. B. Applicant will use such nontributary Arapahoe aquifer ground water withdrawn through Well No. A-1 as the augmentation supply for all evaporative losses caused by exposure of alluvial ground water. Such replacement water will be applied by direct discharge to Plum Creek. C. For purposes of the claimed plan, Applicant will assume that all evaporative losses must be replaced to avoid injurious effect upon the water rights of others. 5. Estimated Stream Depletions: A. Exposed Surface Area. Approximately 5,532 square feet. B. Gross Evaporation. Based on NOAA Technical Report NWS 33, gross evaporation from the Woodhouse Sump is calculated to be 3.35 acre-feet per year (AF/yr). The annual value was distributed by month pursuant to State Engineer’s Office guidelines; this value is then used to calculate a maximum daily evaporation of 671 gallons, as indicated in Table 1 below: SEO Monthly Gross Gross Sump Total Max. Daily Distribution Evaporation Evaporation Evaporation Evaporation Month Days Factor (inches) (feet) (acre-feet) (gallons)_ Jan. 31 0.030 1.21 0.10 0.01 134 Feb. 28.25 0.035 1.41 0.12 0.01 172 March 31 0.055 2.21 0.18 0.02 246 April 30 0.090 3.62 0.30 0.04 416 May 31 0.120 4.82 0.40 0.05 537 June 30 0.145 5.83 0.49 0.06 670 July 31 0.150 6.03 0.50 0.06 671 Aug. 31 0.135 5.43 0.45 0.06 604

Page 27: DISTRICT COURT, WATER DIVISION 1, COLORADO …MAY 2015 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are

27

Sept. 30 0.100 4.02 0.34 0.04 462 Oct. 31 0.070 2.81 0.23 0.03 313 Nov. 30 0.040 1.61 0.13 0.02 185 Dec. 31 0.030 1.21 0.10 0.01 134 TOTAL 365.25 1.000 40.20 3.35 0.425 NA Notes: 40.2 inches annual gross evaporation based on Annual FWS Evap Atlas (Shallow Lake) From NOAA Technical Report NWS 33, and distributed monthly per SEO Guidelines for SWSPs. Gross Evaporation based on NOAA Technical Report NWS 33 from SEO Guidelines for SWSPs. Total Evaporation calculated for an exposed surface area of 5,532 square feet. 6. Application for Plan for Augmentation: A. Structure to be Augmented. The Woodhouse Sump is filled with in-priority diversions under the Newmarch Ditch water right from Plum Creek and with nontributary and not nontributary ground water pursuant to the decree in Case No. 03-CW-205, Water Division 1. Water is then surface-pumped from the pond for irrigation of approximately 45-acres of sod used for recreational and commercial purposes. B. Summary of Evaporative Losses. Based upon the data displayed in Table 1 above, the estimated gross evaporation from ground water exposure in the Woodhouse Sump is 0.425 AF/yr. C. Replacement. (1) Applicant intends to make full replacement of such evaporative losses on a monthly and annual basis by delivery of replacement water supplied by Applicant’s nontributary Arapahoe aquifer well (Well Permit No. 75248-F). Such replacement water will be supplied by direct discharge from such well or from return flows from irrigation of approximately 40-acres of sod. Applicant estimates that 10% of the nontributary ground water applied for irrigation will result in a more than adequate amount to replace evaporative losses under this proposed plan. (2) Such replacement water will be adequate to replace all evaporative losses caused by the Woodhouse Well No. 1 and will prevent injury to the vested and conditionally decreed water rights of others. 7. Replacement of Post-Pumping Stream Depletions: The Woodhouse Sump does not cause alluvial ground water stream depletions because the structure operates as a recharge facility rather than an alluvial well. Consequently, there are no lagged stream depletions. See Quantum technical letter report, Exhibit C hereto. Accordingly, Applicant requests that there be no further requirement to continue to deliver augmentation water to replace post-pumping stream depletions. 8. Statement of Plan Operation: A. Evaporation of Exposed Ground Water. The Woodhouse Sump exposes alluvial ground water tributary to Plum Creek, as described hereinabove. B. Consumptive Use. Consumptive use of water exposed is caused by evaporation. The amount of such consumptive use is estimated to be 0.425 AF/yr. See Table 1 above and Exhibit C. C. Replacement of Depletions. Evaporative losses of exposed ground water will be fully replaced with nontributary ground water from the Arapahoe aquifer supplied by Applicant and by return flows of fully consumable water from the sod irrigation operations. Such replacement sources will adequately replace all evaporative losses in an amount and in such a manner as to prevent injury to all other vested and decreed conditional water rights. 9. Proposed Terms and Conditions: A. Limitation on Use. Use of the Woodhouse Sump will be limited to an amount of nontributary ground water available to the Applicant under the decree in Case No. 03-CW-205, Water Division 1. B. Accounting and Reporting. Applicant will perform all necessary accounting functions and make reports to the Division Engineer as requested. A sample accounting form is attached hereto as Exhibit C and will be attached to the proposed ruling and decree. C. No Injury. The plan requested herein will prevent injurious effect upon other owners or persons entitled to use water under vested or decreed conditional water rights. 10. Name and Address of Owners of Land Upon Which Water Rights Are Located: Applicant J. Gandomcar. 11. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to Section 37-92-302, C.R.S. 12. Remarks: A. Need for Water. The plan for augmentation requested in this application is needed for irrigation purposes on Applicant’s property. Applicant reasonably believes that he has such needs and is committed to developing and operating the plan for augmentation requested herein. B. Completion of Augmentation Plan. By undertaking this application and the related planning, engineering, legal efforts, and other activities that become necessary and apparent, Applicant will complete and operate the augmentation plan applied for hereby. 13. Prayers For Relief: WHEREFORE, Applicant J. Gandomcar

Page 28: DISTRICT COURT, WATER DIVISION 1, COLORADO …MAY 2015 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are

28

requests this Court to enter a decree: A. Granting the application herein and awarding the plan for augmentation requested herein. B. Retaining jurisdiction over this matter for a period necessary to assure that the operation of the plan will not cause injury to other vested water rights. WHEREFORE, Pursuant to Section 37-92-305, C.R.S., Applicant requests this Court to enter a ruling and decree granting the application herein and finding specifically that the proposed plan for augmentation may be operated without causing injury to the vested or decreed conditional water rights of others. FURTHER, Applicant requests this Court grant such other relief that it deems proper in this matter. (6 pages.)  THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED.

YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of JULY 2015 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be filed as an Original and include $158.00 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.