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DISTRICT COURT, WATER DIVISION 1, COLORADO MAY 2016 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 2016 for each County affected.

16CW13 STEVEN C. AND GAIL K. BONNER, PO Box 785, Conifer, CO 80433. 303-838-6453. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 03-24-04 in case 96CW843, WD1. Subsequent decree: 04-27-10 in case 10CW83, WD1. Bonner Well located NE1/4, SW1/4, S1, T8S, R76W of the 6th PM at a point approximately 1680 ft. from S and 2400 ft. from W. Michigan Hill subdivision a.k.a. Georgia Pass Lookout; Lot 80; Filing 1. Source: Groundwater. Appropriation date: 5-31-79. Amount: 15 gpm, Conditional. Use: Household. 16CW14 GEORGE TAYLOR, PO Box 433, Como, CO 80432. 303-775-7187. APPLICATION FOR ABSOLUTE UNDERGROUND WATER RIGHT FOR AN EXEMPT WELL PURSUANT TO §37-92-602(4), C.R.S. IN PARK COUNTY. Well, permit 50590-F located NE1/4, NE1/4, S8, T10S, R75W of the 6th PM at a distance 440 ft. from N and 880 ft. from E. Elkhorn Ranch subdivision; Lot 37. Street address: 183 Raven Way. Date of appropriation: 02-28-75. How appropriation was initiated: Original water augmentation plan date 02-28-75. Date water applied to beneficial use: 03-22-16. Source: Groundwater. Depth of well: 501. Amount: 10 gpm. Use: Household. 16CW15 LARRY AND JANIS HASE, 8573 W. 68th Pl, Arvada, CO 80004-1703. 303-421-0974. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 1-15-04 in case 96CW707, WD1. Subsequent decree: 5-19-10 in case 10CW2 in WD1. Undeveloped well for Indian Mountain subdivision, Lot 14, Filing 8 located NW1/4, SW1/4, S23, T9S, R75W of the 6th PM at a distance 2160 ft. from S and 960 ft. from W. Street address: 114 Ithaca Lane. Source: Groundwater. Appropriation date: 3-31-73. Amount: 15 gpm, Conditional. Use: Household use only in a single family dwelling not including irrigation. 16CW3061 M. David Lewis Revocable Trust, 2169 Kelty Road, Franktown, CO 80116 (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 LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS, DOUGLAS COUNTY. 5 acres located in the SE1/4SE1/4 of Section 34 and the SW1/4SW1/4 of Section 35, T7S, R66W of the 6th P.M., Douglas County, as described and shown on Attachment A hereto ("Subject Property"). Source of Water Rights: The Upper Dawson aquifer is not nontributary as described in Sections 37-90-103(10.7), C.R.S., and the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers are nontributary as described in Section 37-90-103(10.5), C.R.S. Estimated Amounts: Upper Dawson: 0.76 acre-feet, Lower Dawson: 0.48 acre-feet, Denver: 2.22 acre-feet, Arapahoe: 2.23 acre-feet, Laramie-Fox Hills: 1.41 acre-feet. Proposed Use: Domestic, commercial, industrial, irrigation, livestock watering, fire protection, and augmentation purposes, including storage, both on and off the Subject Property. Description of plan for augmentation: Groundwater to be augmented: 0.76 acre-feet per year or all available Upper Dawson aquifer groundwater underlying the Subject Property as requested herein. Water rights for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. Statement of plan for augmentation: The Upper Dawson aquifer groundwater will be used through an individual well for commercial, light industrial, and limited irrigation use on the Subject Property. Pumping from the well will not exceed 15 gpm. Applicant reserves the right to amend these values without amending the application or republishing the same. Sewage treatment for

 

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commercial use will be provided by non-evaporative septic systems and return flow from commercial use will be approximately 90% of that use. During pumping Applicant will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c.5), C.R.S. Depletions occur to the Cherry Creek stream system and return flows accrue to the South Platte River via Cherry Creek and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. 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. (7 pages). 16CW3062 Lanika James, 17172 E. Crestline Place, Centennial, 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 LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS, ELBERT COUNTY. 40 acres being the NE1/4SE1/4 of Section 27, T9S, R65W of the 6th P.M., Elbert County, as shown on Attachment A hereto ("Subject Property"). Source of Water Rights: The Upper Dawson aquifer is not nontributary as described in Sections 37-90-103(10.7), C.R.S., and the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers are nontributary as described in Section 37-90-103(10.5), C.R.S. Estimated Amounts: Upper Dawson: 15 acre-feet, Lower Dawson: 12 acre-feet, Denver: 16 acre-feet, Arapahoe: 16 acre-feet, Laramie-Fox Hills: 11 acre-feet. Proposed Use: Domestic, commercial, industrial, irrigation, livestock watering, fire protection, and augmentation purposes, including storage, both on and off the Subject Property. Description of plan for augmentation: All of the available Upper Dawson aquifer groundwater as requested herein. Water rights for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. Statement of plan for augmentation: The Upper Dawson aquifer water will be used for inhouse use in up to three single family residences, irrigation of lawn, garden, trees, pasture and hay on the Subject Property, stockwatering, and storage. Applicant reserves the right to revise these 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 actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c.5), C.R.S. Applicant estimates that depletions occur to the Cherry Creek and South Platte River stream systems. Return flows accrue to the South Platte River stream systems via East Cherry Creek, and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicant will reserve an equal amount of nontributary groundwater underlying the Subject Property to meet post pumping augmentation requirements. Further, Applicant prays that this Court grant the application and for such other relief as seems proper in the premises. (4 pages). 16CW3063 Inverness Water and Sanitation District, 2 Inverness Drive East, Suite 200, Englewood, Colorado 80112 (c/o Richard J. Mehren, Alison I.D. Gorsevski, Moses, Wittemyer, Harrison and Woodruff, P.C., P. O. Box 1440, Boulder, CO 80306-1440 APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION (CONJUNCTIVE USE PROGRAM BY ARTIFICIAL RECHARGE, AQUIFER STORAGE, AND SUBSEQUENT EXTRACTION) IN ARAPAHOE AND DOUGLAS COUNTIES. 2. Purpose of application: Applicant is working to maximize its water supply and water supply system to serve its municipal water supply customers as a member of the South Metro Water Supply Authority and a participant in the Water, Infrastructure, and Supply Efficiency (“WISE”) water supply arrangement among SMWSA and its members. Applicant is developing a conjunctive groundwater/surface water program involving artificial injection and storage of fully consumable and/or reusable water attributable to WISE water deliveries into the Arapahoe Aquifer and subsequent extraction of such water by use of wells located within Applicant’s service area (“ASR Program”). The purpose of this application is to adjudicate a plan for augmentation to increase the supply

 

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of water available to Applicant throughout the year by implementing an ASR Program; it does not provide for replacement of out-of-priority depletions. 3. Aquifer and location of groundwater; ownership of wells and land: A. The property involved in this application underlies Applicant’s service area and is located in parts of Sections 26, 27, 34 and 35, Township 5 South, Range 67 West, and Sections 2 and 3, Township 6 South, Range 67 West, of the 6th P.M. B. The land and water rights that are the subject of this application are not located within a designated groundwater basin. No claim is made for any volumes of water in addition to those previously decreed. PLAN FOR AUGMENTATION (CONJUNCTIVE USE PROGRAM BY ARTIFICIAL RECHARGE, AQUIFER STORAGE, AND SUBSEQUENT EXTRACTION) 4. Structures (Injection and Extraction Wells) Involved in Plan: The structures listed below and as shown in Exhibit A are completed into the Arapahoe Aquifer and will be used in this plan for augmentation for the injection and extraction of artificially recharged and stored water:

A. Additional structures in the future: The Applicant reserves the right to include additional structures in this plan for augmentation in the future by filing new application(s) in Water Court to add structures to this plan for augmentation. 5. Water and Water Rights to be used in Plan (by artificial injection, aquifer storage, and subsequent extraction): A. Fully consumable and/or reusable water delivered to Applicant from the municipal water supply systems of the City and County of Denver acting by and through its Board of Water Commissioners (“Denver Water”) and the City of Aurora acting through its Utilities Board (“Aurora Water”) pursuant to the WISE Partnership effectuated through the WISE Partnership Water Delivery Agreement among Denver Water, Aurora Water, and the SMWSA and the WISE Partnership IGA among SMWSA and members participating in the project, including Applicant. The water rights that will be delivered to Applicant through the WISE Partnership IGA are fully-consumable and decreed for municipal, augmentation, and storage use (among other uses). Therefore, the water rights may be artificially recharged into, stored in, and extracted from the Arapahoe Aquifer as contemplated by this Application, and Applicant will subsequently use the extracted water within its municipal water supply system. Any decree entered in this case will seek confirmation by the Water Court for these proposed operations. B. Applicant may also use additional and alternative sources in the plan for augmentation and seeks a decree herein that allows integration of such sources into this plan. 6. Statement of Plan for Augmentation (Artificial Recharge, Aquifer Storage, and Subsequent Extraction): A. General: Applicant will artificially inject fully consumable and/or reusable water delivered from the water and water rights described in Paragraph 5 above into the Arapahoe Aquifer underlying Applicant’s service area, by means of the wells described in Paragraph 4 above and any additional wells added to the plan for augmentation by separate Water Court application for use in and through the municipal water supply system of the Applicant, all in accordance with the Denver Basin Artificial Recharge Extraction Rules, 2 CCR 402-11 (“SEO Rules”). B. Injection Operations: Injection operations will be carried out in

WELL NO. LOCATION

1-R NE1/4 of SE1/4 of Section 34, T5S, R67W of the 6th P.M., Arapahoe County, Colorado, 2050 feet the South section line and 1030 feet from the East section line of said Section 34

2-R SW1/4 of SE1/4 of Section 35, T5S, R67W of the 6th P.M., Arapahoe County, Colorado, 200 feet from the South section line and 2,200 feet from the East section line of said Section 35

3-R NW1/4 of NE1/4 of Section 35, T5S, R67W of the 6th P.M., Arapahoe County, Colorado, 150 feet from the North section line and 2,140 feet from the East section line of said Section 35

4-R NE1/4 of NE1/4 of Section 34, T5S, R67W of the 6th P.M., Arapahoe County, Colorado, 539 feet from the North section line and 390 feet from the East section line of said Section 34

 

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accordance with the requirements of the SEO Rules. Accordingly, pursuant to Rule 5.1 of the SEO Rules, all water recharged will be fully consumable and/or reusable, or decreed at the time of injection for storage by means of artificial recharge in the Denver Basin Aquifers, and any augmentation or relinquishment requirements applicable to the water to be injected shall be met prior to or at the time of injection. In accordance with Rule 5.1 and Rule 7.1 of the SEO Rules, water will be injected into the wells described in Paragraph 4 above and any additional wells added to the plan for augmentation by separate Water Court application. In addition, all water injected shall be treated and/or otherwise comply with the Underground Injection Control Program established by the Safe Drinking Water Act and administered by the Environmental Protection Agency. C. Extraction Operations: Extraction operations will be carried out in accordance with the requirements of the SEO Rules. Accordingly, pursuant to Rule 7.1 of the SEO Rules, water injected into the wells described in Paragraph 4 above will be withdrawn by those same wells (i.e., the wells described in Paragraph 4 and any additional wells added to the plan for augmentation by separate Water Court application). In no case shall the extraction well be located more than 5 miles from the furthest injection site. In addition, no extraction shall be accomplished by means of a well located within the cylinder of appropriation, as calculated pursuant to Rule 4.A.7 of the Statewide Nontributary Ground Water Rules, 2 CCR 402-7, for any permitted or decreed well that is owned by a party other than the Applicant and authorized to withdraw water from the same aquifer, without the written permission of the owner of such well. Further, pursuant to Rule 7.3 of the SEO Rules, the maximum amount of recharged water that may be extracted from an aquifer through any one extraction well in any one calendar year shall not exceed 5 times the maximum amount of water injected into that aquifer in any one calendar year or the total amount of water previously injected into that aquifer, less any amounts previously extracted. Pursuant to Rule 7.4 of the SEO Rules, the Applicant may retain water it has artificially recharged into the aquifer indefinitely. D. Wells: Pursuant to Rule 5.7 of the SEO Rules, all wells used for injection or extraction shall be equipped with suitable totalizing flow meters, which shall be operated and maintained to measure the amount of water injected and extracted. The meters shall be installed according to the manufacturer’s recommendations and shall contain sufficient recording digits to assure that “roll over” to zero does not occur prior to accumulating a total of 999 acre-feet. At any time when a meter is not operational, the Applicant shall not inject or extract water by means of the well. Flow meters installed on existing wells authorized to withdraw naturally occurring groundwater shall be verified to be in accurate working condition prior to initiation of injection and/or extraction operations, and shall be verified to be in accurate working condition every four years thereafter. Totalizing flow meters installed on new wells to be used for injection and/or extraction operations shall be verified in the field to be in accurate working condition under the supervision of an individual or entity approved by the State Engineer every four years after the date of original installation. The State Engineer shall be notified in writing of the date and name of the person performing verifications. All totalizing flow meters shall provide an accuracy of plus or minus 5 percent. E. Relief Requested: The Applicant requests that (1) its proposed program to inject, store, and subsequently extract water in the Arapahoe Aquifer described above be specifically approved and adjudicated as a Plan for Augmentation, as defined in C.R.S. §37-92-103(9); and (2) the State Engineer be directed to issue appropriate permits for injection and extraction wells constructed and/or operated in accordance with the terms of the Plan for Augmentation herein. 7. 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: Not applicable. WHEREFORE, the Applicant requests that the Court enter a decree approving the plan for augmentation to allow operation of a conjunctive use program by artificial recharge, aquifer storage, and subsequent extraction, as described above. 16CW3064, Pollock, Ltd., 2361 N. Perry Park Road, Sedalia, CO 80135 (James J. Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR CHANGE OF WATER RIGHT, DOUGLAS COUNTY. 2. Decree information for which change is sought: Case No. 11CW102, decreed on May 15, 2012. The property which is the subject of the decree is 510 acres of land

 

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being the S1/2 of Sections 35 and 36, lying west of Perry Park Road, T7S, R68W of the 6th P.M., Douglas County, as shown on Attachment A hereto (Subject Property). Proposed change: In Case No. 11CW102, 218.5 acre-feet per year of not nontributary Arapahoe aquifer groundwater was decreed underlying the Subject Property, and an augmentation plan was approved allowing the withdraw of that annual amount for domestic, irrigation, stock watering, and augmentation purposes, including directly or after storage. The replacement requirement for withdrawal and use of the Arapahoe aquifer groundwater is 4% of the annual amount withdrawn. Case No. 11CW102 also decreed 161.8 acre-feet per year of not nontributary Denver aquifer groundwater underlying the Subject Property, which also has a replacement requirement of 4% of the annual amount withdrawn to allow use of that groundwater. By this application, Applicant requests that 75 acre-feet per year of Denver aquifer groundwater be substituted in the plan for augmentation for 75 acre-feet per year of Arapahoe aquifer groundwater previously approved. The annual amount of Arapahoe aquifer groundwater to be withdrawn pursuant to this change would be reduced to 143.5 acre-feet per year. No other parts of the original decree will be changed, including any terms, conditions and requirements, which are part of the original decree and made pursuant to settlement with objectors in that case. This change will simply exchange withdrawal and use of 75 acre-feet per year of Denver aquifer groundwater by reducing the annual amount of Arapahoe aquifer groundwater which may be withdrawn. Further, Applicant prays that this Court grant the application and for such other relief as seems proper in the premises. (4 pages). 16CW3065(95CW291) ASPEN PARK METROPOLITAN DISTRICT, Martha Phillips Whitmore, Martha Phillips Whitmore, LLC, P.O. Box 829, Ridgway, CO 81432, Phone Number: 303-886-0597. APPLICATION FOR FINDING OF REASONABLE DILIGENCE in JEFFERSON COUNTY. Name, mailing address, and telephone number of applicant: Aspen Park Metropolitan District, c/o Bob Blodgett, District Manager, 8390 E. Crescent Parkway, Suite 550, Greenwood Village, CO 80111, 303-265-7916. Names of structures: Meyer Well Nos. 1-11; Meyer Pond. Description of conditional exchange: The conditional exchange augments and replaces stream depletions that occur as a result of water use through the wells, by foregoing diversions of water rights in the Mountain Mutual Reservoir Company (MMRC), including water rights in the Warrior Ditch and Harriman Ditch. Additionally, water previously stored in Soda Lakes Reservoir Nos. 1 and 2, Spinney Mountain Reservoir, Woodside Reservoir, and Lower Sacramento Creek Reservoir No. 1 will be released to the stream system. The water is to be delivered by exchange to the point where depletions from the subject wells impact the flow of water in South Turkey Creek to the Meyer Pond, which is located in the NE1/4 of Section 12, T6S, R71W of the 6th P.M. The reach of the exchange extends from the confluence of Bear Creek and the South Platte River; thence up Bear Creek to its confluence with Turkey Creek in the NW1/4 of Section 5, T5S, R69W; up Turkey Creek to the confluence with South Turkey Creek in the NW1/4 of Section 27, T5S, R70W; and up South Turkey Creek to the Meyer Pond located in the NE1/4 of Section 12, T6S, R71W, all of the 6th P.M. The conditional exchange utilizes water of MMRC, including the following: Harriman Ditch, located on the south bank of Bear Creek in the NE1/4 of Section 2, T5S, R70W, and the south bank of Turkey Creek near the SW corner of Section 6, T5S, R69W, 6th P.M. Warrior Ditch, located at the same headgates as the Harriman Ditch. Soda Lake Reservoir Nos. 1 and 2, located in Section 1, T5S, R70W. Spinney Mountain Reservoir, located at a point whence the SW corner of Section 36, T12S, R74W, bears S23° 26'W, a distance of 8314.3 feet. Woodside Reservoir, to be located in the SW1/4 of Section 26, T6S, R72W. Lower Sacramento Creek Reservoir No. 1, located in the NW1/4 of Section 32 and SW1/4 of Section 29, T9S, R77W. Describe water rights to be augmented (as to each structure) including the following information from previous decree: Original decree: Case No. 95CW291 entered on July 28, 1997 in the District Court in and for Water Division No. 1. List all subsequent decrees awarding findings of diligence: Case No. 03CW267 entered on January 22, 2004 in the District Court in and for Water Division No. 1. Case No. 10CW40 entered on May 19, 2010 in the District Court in and for Water Division No. 1. Legal descriptions from decrees: Meyer Pond, located in the NE1/4 Section 12, Township 6 South, Range 71 West of the 6th P.M. 881 feet from the east section line, 1096 feet from the north section line, Jefferson, Colorado. Meyer Well Nos. 1-11. The augmentation plan and exchange

 

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provides augmentation water for operation of up to 11 wells for any combination of residential and commercial uses, including irrigation and stockwatering, within a development located in the E1/2 of Section 12, T6S, R71W, 6th P.M. An 8 ½ x 11 map depicting the decreed locations and area of use for residential and commercial development, including irrigation and stockwatering, of these water rights is attached to the application as Exhibit A. Actual UTM Location: Meyer Pond, approximate center of dam, UTM Zone 13, Easting 475831, Northing 4377666 in Jefferson County, Colorado, located in ArcMap 10 GIS from aerial photography. Source of water: Meyer Wells Nos. 1-11: South Turkey Creek. Augmentation as provided by MMRC, as described above. Appropriation date: March 22, 1995. Amount claimed for operation of exchange: A maximum rate of flow of 1.0 cfs to the extent of 1.0 acre-foot per year (conditional). Uses: This is a plan for augmentation and conditional right of exchange, decreed for a maximum rate of flow of 1.0 cfs to the extent of 1.0 acre-foot per year. The exchange provides augmentation water for operation of up to eleven wells for residential and commercial uses, including irrigation and stockwatering, within a development located in the E1/2 of Section 12, T6S, R71W. The wells withdraw water tributary to South Turkey Creek. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures, during the previous diligence period: The water included in this Application is part of an integrated water supply owned and operated by Applicant for the benefit of its customers within the service area of Aspen Park Metropolitan District. During this diligence period, in continuing the development of the water rights, water supply system, and wastewater system for the Aspen Park Metropolitan District service area, the Applicant has been engaged in the legal defense and protection of its water rights, and has dedicated significant resources toward additional engineering, legal, and consulting services, along with construction of its water and wastewater systems. The wastewater system provides return flows to the South Turkey Creek system, as required by the terms and conditions of the previous decrees involving these water rights and other water rights owned by the Applicant, including those originally decreed in Case No.95 CW291, and continued in Case Nos. 03CW267, and 10CW40,. The Applicant filed, and received a decree, in Case No. 10CW310 to permit additional direct flow returns to the stream, in addition to the flow returns through its exfiltration gallery. The rights herein provide an augmentation supply for the integrated system of water supply for Aspen Park Metropolitan District, including the water rights contained in 94CW176, continued in case numbers 02CW174, 09CW165 and, currently, 16CW3018. During this diligence period, Applicant has continued to be diligent in the development of the water rights herein. Applicant asserts that it has a specific development plan and intends to exchange and use for augmentation the water as set forth in this application and in the prior decrees pertinent to this application, and that such water can and will be beneficially used for commercial, domestic, irrigation, fire protection, piscatorial, aesthetic, augmentation of out-of-priority diversions, and exchanged as permitted by the prior decrees for these water rights. Applicant has engaged in a review of all of its water rights and has directed its staff and consultants to analyze its water needs at projected build-out of commercial spaces, whether the water rights would be adequate for such needs, and how to complete development of the conditional water rights. Since the last diligence decree was entered in 2010, the total expenditures by the Applicant for engineering, legal services, and construction on its water, wastewater system, and stormwater system, all of which together comprise the integrated water system owned and managed by the Applicant, exceed $1,950,965. The work and expenditures summarized here are illustrative and not exhaustive. Additional work and additional or revised expenditures may be claimed in support of this application. Names(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: N/A. Remarks or any other pertinent information: This application is timely filed pursuant to C.R.S. § 37-92-302. Applicant requests that the Court find that the conditional water rights will be completed with diligence, that the Applicant has continued developing its water rights with diligence over the past six years, that the conditional rights should be continued for another six years, and that future applications need not include

 

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any water rights that have been determined to be used and decreed as absolute. The Applicant prays the Court for such other and further relief as the Court deems just and proper and warranted by the evidence. 16CW3066 PARKER WATER AND SANITATION DISTRICT, c/o Ron Redd, Manager, 18100 E. Woodman Drive, Parker, CO 80134 (Please direct all correspondence to Robert F. T. Krassa, Krassa & Miller, LLC, Attorney for Applicant, 2737 Mapleton Ave., Suite 103, Boulder, CO 80304, 303-442-2156) Application for Finding of Reasonable Diligence, DOUGLAS COUNTY, COLORADO. 2. Names of structures: Newlin Gulch Reservoir, now known as Rueter-Hess Reservoir, and Newlin Gulch Aqueducts 1 and 2. Type of structures: reservoir, pipelines and surface water diversion structures. 3. Describe conditional water right giving the following from the Referee’s Ruling and Judgment and Decree: a. Date of original decree: June 12, 1996, Case 85CW448(A), District Court, Water Division No. 1. b. Subsequent decrees awarding findings of diligence: Case 02CW117, decree dated August 19, 2003, and Case 09CW113, decree dated May 4, 2010. c. Legal description of location of structures: Newlin Gulch Reservoir. The axis of the dam intersects the thread of Newlin Gulch at a point on the South line of Section 30, Township 6 South, Range 66 West of the 6th P.M. in Douglas County, Colorado, which point is approximately 2,400 feet east of the southwest corner of said Section 30. The northwest abutment of the dam is in the SW1/4 SW1/4 of said Section 30, approximately 1,300 feet east of the west section line, and approximately 550 feet north of the south section line, of said Section 30. The southeast abutment of the dam is in the NW1/4 NE1/4 Section 31, same range and township, approximately 1,900 feet west of the east section line and 250 feet south of the north section line, of said Section 31. These are the abutment locations as stated in the 85CW448(A) decree. Actual abutment locations, which are part of the enlargement of the reservoir described in pending case 04CW348 and under construction pursuant to a Corps of Engineers permit, are further from the thread of Newlin Gulch. However, the location where the axis of the dam crosses the thread of Newlin Gulch is unchanged. Newlin Gulch Aqueduct #1 will collect alluvial groundwater from alluvial wells located in Sections 16, 21, 27 and 34, in T.6S, R.66W., and deliver it to Newlin Gulch Reservoir. The location of those wells is fully described in the decree in Case 83CW346 dated July 30, 1992 which is recorded August 5, 1992 at reception number 9228305, Book 1076, page 1104 records of Douglas County. Additional and alternate locations for the wells which may pump to storage in Newlin Gulch reservoir were added by the decree of this Court entered June 30, 2006 in Case 01CW60, which decree was recorded July 3, 2006 at reception number 2006056119, records of Douglas County. This decree added well locations in Sections 15 and 22, same range and township. All well locations are fully described in said decree in Case 01CW60. In addition, the Decree of this Court entered February 20, 2007 in Case 04CW270 and recorded February 27, 2007 at reception number 2007016947, records of Douglas County, confirmed that the uses of such wells include storage in said reservoir. Newlin Gulch Aqueduct #2 will collect water from the surface flows of Cherry Creek by means of a low diversion dam or weir and suitable pumps. The location of said diversion as originally decreed in said Case 85CW448(A) was that said diversion dam will intersect the thread of Cherry Creek at a point on the south section line of Section 34, Township 6 South, Range 66 West of the 6th P.M. in Douglas County, approximately 1700 feet east of the Southwest Corner of said Section 34. A request to add an alternate point of diversion for this facility about 2000 feet upstream, in the SE/4NW/4 Section 3, Township 7 South, Range 66 West of the 6th P.M. in Douglas County at a point 2000 feet south of the north line of Section 3 and 1950 feet east of the west line of said Section 3, was granted by decree of this Court entered April 21, 2005 in Case 99CW226, which decree was recorded May 2, 2005 at reception number 2005038047, records of Douglas County. The diversion structure for Newlin Gulch Aqueduct No. 2 has been constructed at that alternate location. d. Sources of Water: Cherry Creek and its tributaries, including the tributary stream known as Newlin Gulch. e. Date of Appropriation: March 20, 1985 for water diverted from Cherry Creek and its alluvium, and June 1, 1993 for water originating in Newlin Gulch or its tributaries. f. Amounts: Newlin Gulch Reservoir - 9885 acre feet, with right to fill and refill, but not more than 24,130 acre feet of water in any calendar year may be stored in Newlin and Lake Gulch Reservoirs. The capacity of Newlin Gulch Aqueduct No.1 will be 12 cubic feet per second. The capacity of the Newlin Gulch Aqueduct #2 will be 150 cubic feet per second.

 

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g. Use: for all municipal purposes including domestic, industrial, commercial, manufacturing, stock watering, recreational, piscatorial, fish and wildlife, fire protection, street washing, hydroelectric power production, for exchange, replacement, and augmentation, including the right to fill and refill when these water rights are in priority, the right to store water which was initially diverted to storage in the subject reservoirs by well injection into underground aquifers, and the right to use and re-use water diverted to storage under the subject rights to extinction, subject to Applicant's obligation to make releases to compensate for reservoir evaporation, and subject also to the provisions of paragraph 16(c) of the decree in said Case 85CW448(A). 4. Provide a detailed outline of what has been done toward completion or for completion of appropriation and application of water to a beneficial use as conditionally decreed, including expenditures. During the diligence period, Parker has among other things. a. Land Acquisition. Parker has completed acquisition of all land needed for Newlin Gulch Aqueducts Nos. 1 and 2, for the diversion structure out of Cherry Creek for Newlin Gulch Aqueduct No. 2, and for construction of the dam and associated structures. Parker has acquired all of the land within the high water line of the reservoir as decreed in case 85CW448(A). Parker has also acquired all of the land within the high water line of the enlargement of the reservoir which is the subject of the decree entered October 13, 2010 in Case 04CW348 in this Court except for one small parcel, the easement for which is presently in process of transfer from Stroh Ranch Development, LLC to Parker. b. Water Court Proceedings. Parker completed proceedings in Case 04CW348 (decree entered October 13, 2010) to adjudicate an enlargement of the subject reservoir and to designate the subject reservoir as an alternate place of storage for the water storage rights for Lake Gulch Reservoir which were decreed in Case 85CW448(B). Parker also completed proceedings in Case 10CW316 (Amended Decree entered January 30, 2015) to increase the usefulness of Rueter-Hess Reservoir with local plans for augmentation and exchange. In addition, Parker has participated as an opposer in various water court applications of others as necessary to protect the subject water rights, including exchange case 10CW318 of the Cherry Creek Project Water Authority (“CCPWA”) and exchange case 11CW278 of the Cherry Creek Water Users Association. c. Construction. During the diligence period Applicant has made over $100,000,000 in capital improvements to its water system, including completing the construction of Rueter-Hess Reservoir, completing construction of the reservoir diversion system, completion of the system which connects the subject alluvial wells to the reservoir and installation of water measuring and record keeping systems. d. Regional Involvement. Parker entered into a pilot intergovernmental agreement with CCPWA to store water in Rueter-Hess Reservoir in order to facilitate movement of water by CCPWA on Cherry Creek, which in addition to other benefits enhances the usefulness of this reservoir as a multi-use project. That agreement is in the process of renewal at this time. Parker owns and operates a single, unified and integrated municipal water supply system that contains numerous components. Those components include, but are not limited to the structures and the water rights that are the subject of this application. Parker has in all respects diligently worked toward completing the appropriations and placing the subject conditional water rights to beneficial use. 5. Name(s) 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. Applicant, except for the small parcel mentioned above owned by: Stroh Ranch Development, LLC, 5105 DTC Parkway, Suite 240, Greenwood Village, CO 80111. 16CW3067 Groundwater Management Subdistrict of the Central Colorado Water Conservancy District (GMS), 3209 West 28th Street, Greeley, Colorado 80634 (GMS) and Max J. and Mary Ulrich, 19401 WCR 33, LaSalle, Colorado, 80645 (Ulrich) c/o Lawrence Jones Custer Grasmick, LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO, 80534 (970)622-8181. APPLICATION FOR CHANGE OF WATER RIGHTS IN WELD COUNTY. 2. Decreed Name of Structures. 2.1. Well No. 1-8492. WDID 0208425, (Ulrich East Well). 2.1.1. Name of Well Owner. Ulrich. 2.1.2. Previous Decree W-3157. A decree was entered in Water Court, Water Division No. 1, Case No. W-3157 on November 12, 1973 adjudicating Ulrich West Well in the SE1/4 SE1/4 of Section 27, Township 4 North, Range 66 West of the 6th P.M Weld County, Colorado at a point 1033 feet North and 420 feet West of the Southeast Corner of said Section 27 in the amount of 1.61 c.f.s with an appropriation

 

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date of August 10, 1940 for irrigation of 80 acres in SE1/4 of said Section 27. Exhibit 1. 2.1.3. GMS Contract. The Ulrich East Well is included in the GMS plan for augmentation decreed in Case No. 02CW335 and has GMS Contract No. 751. Exhibit 2. 2.2. Well No. 1-15360. WDID 0208080, (Ulrich West Well). 2.2.1. Name of Well Owner. Ulrich. 2.2.2. Previous Decree W-634. A decree was entered in Water Court, Water Division No. 1, Case No. W-634 on December 13, 1973 adjudicating Ulrich East Well in the SE1/4 of Section 27, Township 4 North, Range 66 West of the 6th P.M Weld County, Colorado more particularly described, considering the South line said Section 27 bears South 30º00’00” East, 1533.40 feet, in the amount of 2.23 c.f.s with an appropriation date of May 31, 1956 for irrigation of 80 acres in the W1/2 SE1/4 of said Section 27. Exhibit 3. The location from the section lines is 1137 feet West and 734 feet North of the Southeast corner of said Section 27. 2.2.3. GMS Contract. The Ulrich West Well is included in the GMS plan for augmentation decreed in Case No. 02CW335 and has GMS Contract No. 1138. Exhibit 4. 3. Proposed Change. Applicants propose to allow Ulrich East Well and Ulrich West Well to irrigate up to 160 acres SE1/4 of Section 27, Township 4 North, Range 66 West of the 6th P.M Weld County, Colorado. See Figure 1. The Wells will be each limited to their decreed flow rate and will only divert the volume of water allocated annually pursuant to their GMS Contract(s) which is currently 157.91 acre-feet consumptive use at 100% quota. 4. GMS can and will make replacement of out of priority depletions from the Wells in accordance with the Decree in 02CW335. 5. Applicants request the Court enter a decree approving a change of use allowing the irrigation of up to 160 acres SE1/4 of Section 27, Township 4 North, Range 66 West of the 6th P.M Weld County, Colorado by Ulrich East Well and Ulrich West Well, limiting each well to its decreed flow rate and limiting the volume of water annually consumed pursuant to the Wells GMS Contract(s) which currently total 157.91 acre-feet consumptive use at 100% quota. Applicants request that Table 1 to the GMS Decree in 02CW335 be amended to reflect the decreed change.

16CW3068 City of Brighton, Colorado, Attn: Curtis Bauers, Director of Utilities, 500 S. 4th Street, Brighton, Colorado 80601. (303) 655-2033. Please send all future pleadings and correspondence to Donald E. Frick, Fischer, Brown, Bartlett & Gunn, P.C., 1319 E. Prospect Road, Fort Collins, CO 80525. APPLICATION FOR FINDING OF REASONABLE DILIGENCE, IN ADAMS COUNTY. 2. Name of Structures: A. Well No. 19 (Permit No. AD 014357), B. Well No. 20 (Permit No. AD 014358), C. Well No. 21 (Permit No. AD 014359), D. Well No. 22 (Permit No. AD 014360), E. Well No. 23 (Permit No. 65037-F), F. Well No. 24 (Permit No. 65038-F), G. Well No. 25 (Permit No. AD 014363). 3. Date of Original Decree: May 26, 2010, Case No. 1999CW142, District Court, Water Division 1. 4. Legal Description of wells: A. Well No. 19: Located 4850 feet North of the South section line and 350 feet East of the West section line of Section 6, in the NW1/4 NW1/4, Section 6, Township 1 South, Range 66, West of the 6th P.M. B. Well No. 20: Located 4000 feet North of the South section line and 350 feet East of the West section line of Section 6, in the NW1/4 NW1/4, Section 6, Township 1 South, Range 66, West of the 6th P.M. C. Well No. 21: Located 3140 feet North of the South section line and 700 feet East of the West section line of Section 6, in the SW1/4 NW1/4, Section 6, Township 1 South, Range 66, West of the 6th P.M. D. Well No. 22: Located 1850 feet North of the South section line and 400 feet East of the West section line of Section 6, in the NW1/4 SW1/4, Section 6, Township 1 South, Range 66 West. E. Well No. 23: Located 700 feet North of the South section line and 4,950 feet East of the West section line of Section 1, in the SE1/4 SE1/4, Section 1, Township 1 South, Range 67, West of the 6th P.M. F. Well No. 24: Located 5,000 feet North of the South section line and 4,250 feet East of the West section line of Section 12, in the NE1/4 NE1/4, Section 12, Township 1 South, Range 67, West of the 6th P.M. G. Well No. 25: Located 3,840 feet North of the South section line and 3,640 feet East of the West section line of Section 12, in the SW1/4 NE1/4, Section 12, Township 1 South, Range 67, West of the 6th P.M. 5. Source: Tributary groundwater from the South Platte alluvium. 6. Appropriation Date: For each of the wells the appropriation date is September 30, 1999. 7. Amount: For each of the wells, the amount claimed is 1200 acre feet per year; CONDITIONAL. 8. Use: All municipal purposes, including domestic, industrial, commercial, irrigation (including watering of parks, lawns and gardens), recreation, fish and wildlife preservation and propagation, sewage treatment, street sprinkling, and fire protection within the water service area of applicant. The water may be stored prior to use. 9. Depth: 30 feet each; 10. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and

 

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application of water to a beneficial use as conditionally decreed, including expenditures, during the previous diligence period: (add additional sheets if necessary). The conditional water rights decreed in Case No. 99CW142 were for the seven wells described in Paragraph 4 above (the “South Platte Wells”) located in the western portion of the City of Brighton’s municipal water service area, in the South Platte River Basin. The Subject Wells are part of Brighton’s integrated water system, which also includes wells withdrawing tributary groundwater in the Beebe Draw alluvium. The Beebe Draw Wells and the South Platte Wells will operate conjunctively under the plans for augmentation decreed in Case Nos. 00CW202 (decreed July 11, 2007) and 03CW320 (decreed July 2, 2014). Since the decree was entered in Case No. 99CW142, Brighton obtained the decree in Case No. 03CW320 for a change of its shares of stock in the Barr Lake Division of the Farmer Reservoir and Irrigation Company and shares of stock in the Burlington Ditch, Reservoir and Land Company to provide augmentation water for the South Platte Wells. Brighton also obtained decrees in Case No. 09CW144 and Case No. 04CW174, District Court, Water Division No. 1, on February 1, 2013 and February 27, 2013 respectively. The decree in Case No. 09CW144 approved a change of the use of shares in the Burlington Ditch, Reservoir and Land Company and the Wellington Reservoir Company, and the decree in Case No. 04CW174 approved a change of the use of shares in the Fulton Irrigation Ditch Company; the decrees in Case Nos. 09CW144 and 04CW174 thus provide additional augmentation sources to allow for the operation of the South Platte Wells. Brighton also participated as an objector in various Water Court cases to protect its water rights, including the subject water right, from injury by other water users. In total, Brighton spent in excess of $3,000,000 obtaining said decrees and participating as an objector in Water Court cases. Finally, Brighton is in the process of completing a comprehensive water master plan including the South Platte Wells. Brighton is approximately one year into the master planning effort, which includes a budget of approximately $250,000. 11. Names(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool, other than the Applicant: A. Well Nos. 19 and 20: Brighton Investment Properties, LLC, 5600 S Quebec Street, Suite 110A, Greenwood Village, CO 80111. B Well No. 21: D Z and J LLC, 401 N Kuner Road, Brighton, CO 80601. Wherefore, Applicant requests the Court award a decree finding that Brighton has proceeded with the requisite reasonable diligence in the development and completion of the water rights decreed to Brighton’s South Platte Wells. 5 pages.

16CW3069 IN BOULDER COUNTY, COLORADO. APPLICATION FOR CHANGE OF WATER RIGHT AND APPROVAL OF PLAN FOR AUGMENTATION. IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF THE FARM IN BOULDER VALLEY HOMEOWNERS ASSOCIATION, INC. DISTRICT COURT, WATER DIVISION NO. 1, STATE OF COLORADO, Weld County Courthouse, 901 9th Street, Greeley, CO 80632. 1. Name, address and telephone number of applicant: The Farm in Boulder Valley Homeowners Association, Inc., c/o Trio Property Management, P.O. Box 106, Niwot, CO 80554 (303) 517-8486. Direct all pleadings to: Michael F. Browning, Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, Colorado 80302. 2. Overview: The Farm in Boulder Valley Homeowners Association, Inc. (the “HOA”) is the owners’ association for a small 18 lot residential subdivision located in Boulder County, Colorado (the “Subdivision”). A principal amenity of the Subdivision is a small unlined pond known as Avocet Pond (the “Avocet Pond”). Most of the Avocet Pond is the result of sand and gravel mining operations conducted by the developer on or before December 31, 1980. However, 4.2 surface acres of the Avocet Pond are a result of sand and gravel mining operations occurring on or after January 1, 1981 (the “Post-1980 Area”). The HOA seeks approval of an augmentation plan to replace the evaporative losses from the Post-1980 Area. The HOA has obtained title to 1.11 preferred shares (the “1.11 Shares”) of the New Consolidated Lower Boulder Reservoir and Ditch Company (the “Lower Boulder Company”). The HOA seeks to change the type and place of use of 1.11 Shares to provide such augmentation water and to allow storage of the same in a lined storage pond called the Tiefel Pond. No change in point of diversion is sought. Previous water court cases have changed Lower Boulder shares, including Case Nos. 90CW108 and 97CW195 using a ditch wide analysis. The

 

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HOA proposed to change the 1.11 Shares consistent with such ditch wide analysis and the terms and conditions imposed in those earlier change decrees. CHANGE OF WATER RIGHTS 3. Water Rights to be Changed. There are two direct flow water rights decreed to the Lower Boulder Ditch described below. Under the Bylaws of the Lower Boulder Company, the preferred shareholders receive all 25 cfs of the October 1, 1859 priority and the first 23 cfs of the June 1, 1870 priority. The common shareholders receive all water diverted into the Lower Boulder Ditch in excess of 48 cfs and less than or equal to 96 cfs. All water diverted at rates in excess of 96 cfs is split equally between the two categories of shareholders. The HOA seeks to change its pro rata share of each priority. 3.1 Original Decree. By decree of the District Court in and for Boulder County, Colorado in Civil Action No. 1282 dated June 2, 1882, the Lower Boulder Ditch was decreed 25 cfs for irrigation with an appropriation date of October 1, 1859, and for an additional 71 cfs for irrigation with an appropriation date of June 1, 1870. 3.2 Decreed Point of Diversion. The decreed point of diversion of the Lower Boulder Ditch is in the in the SW1/4 of Section 16, Township 1 North, Range 69 West of the 6th P.M. The Lower Boulder Ditch diverts water from Boulder Creek in the SW1/4 of the SW1/4, Section 16, Township 1 North, Range 69 West, 6th P.M., Boulder County, Colorado. A diversion dam is constructed across Boulder Creek at a point approximately 1,300 feet North and 150 feet East of the Southwest Corner of Section 16. The effect of the diversion dam is to cause water in Boulder Creek to flow into a diversion channel which diverges from the south side of the Creek. The headworks of the Lower Boulder Ditch is located on the diversion channel at a point approximately 1,100 feet North and 600 feet East of the Southwest corner of Section 16. All water that is not diverted into the Lower Boulder Ditch returns to Boulder Creek. 3.3 Source. Boulder Creek, a tributary of the South Platte River. 3.4 Prior Change Cases. Portions of the above water rights have previously been changed by decrees entered in Case Nos. 80CW468 (City of Lafayette), 80CW451 (City of Louisville), 84CW308 and 84CW309 (Boulder Valley Farm and Belvin), 90CW108 (City of Lafayette), and 97CW195 (City of Lafayette). Case No. 90CW108 used a ditch wide analysis and the decree therein contained detailed terms and conditions regarding the change of the preferred shares involved therein. The decree in 97CW195 adopted that same ditch wide analysis. The HOA has agreed with the Lower Boulder Company to follow the ditch wide analyses utilized in Case Nos. 90CW108 and 97CW195 in the change of its 1.11 Shares. 4. Historical Use. 4.1 Diversion Records. The prior change decree entered in 90CW108 used a study period of 1950 through 1978, which included a wide variety of hydrologic and climatic conditions and is representative of the historical operation of the ditch prior to municipal acquisitions of Lower Boulder Company shares. Table 2 attached hereto is a monthly summary of diversions attributable to the Lower Boulder preferred shares. Table 3 attached hereto is a monthly summary of the HOA’s pro rata share of diversions attributable to its 1.11 Shares. As shown on Table 3, the historical pro rata diversions associated with the 1.11 Shares average 52.0 acre feet per year. 4.2 Ditch-Wide Consumptive Use. A ditch-wide analysis of the historical consumptive use and return flows of the Lower Boulder Ditch system was performed for Lafayette’s change in Case No. 90CW108. That ditch-wide analysis provided a basis for the Water Court’s finding that the Lower Boulder Ditch system is water short and that the historical consumptive use is limited by the available water supply and controlled by the overall efficiency of irrigation. After a trial in that case, the Water Court held that the overall irrigation efficiency was 57.5%. Thus, the average annual consumptive use was determined to be 57.5% of the average annual river headgate diversions. On a per share basis, the consumptive use attributable to the direct flow diversions of the preferred share averaged 27.0 acre feet per year. 4.3 Historical Use of 1.11 Shares. The 1.11 Shares were part of a larger block of 4.11 shares included in Case Nos. 84CW308 and 84CW309. The historical consumptive use attributable to the direct flow diversions of such shares was quantified in those cases based on a 60% overall efficiency, resulting in a historical consumptive use of 28.3 acre feet per share. Notwithstanding such findings, the HOA has agreed to utilize an irrigation efficiency for the 1.11 shares of 57.5% with a resulting historical consumptive use per share of 27.0 acre feet per year based on the decree entered in Case No. 90CW108. Figure 1 attached hereto illustrates the historical place of use of the 4.11 shares, of which the 1.11 shares were a part, as determined in the decree in Case No. 84CW308 and 84CW309. The 1.11 Shares were subsequently moved to the current place of use illustrated on Figure 2 attached hereto and used to irrigate approximately 40.3 acres of pasture grass.

 

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Based on the findings in Case No. 90CW108 and 97CW195, the average annual diversions (during the months of April through October) attributable to the 1.11 Shares were 51.92 acre-feet and the resulting average annual consumptive use based on a farm efficiency of 57.5% was 29.85 acre feet (51.92 AF times 57.5%). 4.4 Historical Return Flows. An analysis was performed by the HOA’s engineers to determine the timing of the return flows attributable to the use of the 1.11 Shares on the land shown on Figure 2. The distribution of irrigation return flows was estimated to be 35% surface runoff and 65% deep percolation, consistent with the decree in Case No. 90CW108. Surface return flows were estimated to return to the stream system within the same month. The timing of subsurface return flows was estimated by the HOA’s engineers using the Glover Method. The resulting diversions and return flows attributable to the 1.11 Shares are summarized in rows 1 through 5 of Table 4 attached hereto. As shown in row 7 of Table 4, an average of 1.66 acre feet of return flows will need to be replaced outside of the irrigation season. 5. Changes Sought. Water attributable to the 1.11 Shares will continue to be diverted at the headgate of the Lower Boulder Ditch described above. Such water, less the transit loss and contract reservation assessment (“TCA”) made by the Lower Boulder Company from time to time, will then be diverted at a lateral from the ditch owned and operated by Tiefel Family, LLC (“Tiefel”) under a Water Delivery and Storage Agreement between Tiefel and the HOA. Such water will either be stored in the Tiefel Pond described below or passed through the Tiefel Pond to Boulder Creek pursuant to the augmentation plan described below. The location of the such lateral, the Tiefel Pond, and the points of return to Boulder Creek are depicted on Figure 4 attached hereto. Accordingly, the HOA seeks to change its pro rata share of the Lower Boulder Ditch water rights described in Section 3 above as follows: (a) add augmentation and replacement as decreed uses, (b) allow the storage of such water in the Tiefel Pond for the uses described in Section 9.3 below, and (c) change the place of use as described above. 5.1 Tiefel Pond. The Tiefel Pond is a lined storage vessel with a constructed capacity of 128.5 acre feet. It is also known as Goose Haven Pond No. 2 and the Tiefel Reservoir. It was decreed a water storage right in Case No. 12CW8 by decree dated May 16, 2013. Such decreed storage right is not a source of augmentation water under the plan for augmentation described below, only the changed 1.11 Shares described above that will be stored in the Tiefel Pond. The Tiefel Pond is located in the W1/2 of the SW1/4 of Section 15, Township 1 North, Range 69 West of the 6th P.M. The surface area of the Tiefel Pond at the high water line is 7.9 acres. The turnout from the Lower Boulder Ditch into the Tiefel Pond is on the north bank of the Lower Boulder Ditch approximately 1,535 feet from the south section line and approximately 1,100 feet from the west section line of said Section 15. 6. Terms and Conditions Regarding Change of Water Rights. The above change of water rights would be subject to the following terms and conditions: 6.1 Water attributable to the 1.11 Shares will continue to be diverted at the headgate of the Lower Boulder Ditch in priority and during the irrigation season commensurate with all other preferred shareholders in the Lower Boulder Company. 6.2 Such water will then be delivered into the Tiefel Pond via the Tiefel lateral described above, less the TCA assessed by the Lower Boulder Company on a daily basis. 6.3 Future diversions under the 1.11 Shares will be calculated on a daily basis as the delivery amount divided by (1 – TCA), that is Diversion = Delivery / (1-TCA). Diversions will be limited to 66.5 acre feet per year, with no more than 9.0 acre feet diverted during the month of September and no more than 8.1 acre feet diverted during the month of October. Future diversions under the 1.11 Shares will be further limited to no more than 520.4 acre feet in any consecutive ten-year period. 6.4 The HOA’s return flow replacement obligations will be calculated on future deliveries to the Tiefel Pond using the following multi-step procedure. First, unlagged farm return flows will be determined as follows: Unlagged farm return flow = Delivery * [(0.425 – TCA) / (1.0 – TCA)]. Next, surface return flow will be determined as 35% of unlagged farm return flow and unlagged subsurface return flow will be determined as 65% of unlagged farm return flow. The next step will be to lag the subsurface return flow using the unit response factors (URFs) as follows, where month 1 is the month of Delivery.

Month 1 2 3 4 5 6 7 8 9 10 Sum

URF 0.561 0.235 0.060 0.037 0.028 0.023 0.019 0.015 0.012 0.010 1.000

 

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Finally, the return flow obligation will be determined as the sum of the surface return flow plus the lagged subsurface return flow. 6.5 Return flow replacements will be made to Boulder Creek upstream of the Boulder and Weld County Ditch headgate in Section 15 or 16, Township 1 North, Range 69 West of the 6th P.M. 6.6 Return flow obligations need only be replaced when there are unsatisfied demands downstream of Lower Boulder Ditch that are senior to the date of the filing of this Application. 6.7 Releases for replacement of historical return flows will be made at least weekly during the irrigation season and at least monthly outside of the irrigation season. Such replacements may be aggregated and released as may be allowed by the Water Commissioner. 6.8 After the return flow obligations are met, the balance of the deliveries to the Tiefel Pond shall be fully consumable. AUGMENTATION PLAN 7. Structure to be Augmented. The HOA desires to augment and replace the evaporation from the Post-1980 Area of the Avocet Pond as set forth herein. The Avocet Pond is an unlined pond that intercepts groundwater and local surface runoff tributary to Boulder Creek. It is located in the S1/2 of the SW1/4 of Section 16, Township 1 North, Range 69 West of the 6th P.M. as depicted on Figure 3 attached hereto. 8. Augmentation Water. The augmentation water consists of the fully consumable portion of the historical consumptive use of the 1.11 Shares described above. 9. Detailed Description of the Augmentation Plan. 9.1 Calculation of Evaporative Losses. Reservoir evaporation will vary with weather conditions and will be determined to reflect actual weather conditions going forward, or what is sometimes referred to as “real time” evaporation, rather than using a constant value equal to historic long term average evaporation. The method of determining the real time evaporation is set forth in Section 10.1 below. For purposes of showing the adequacy of the augmentation water available under this plan only, the HOA’s engineers calculated the long term average monthly evaporative losses, lagged to the stream, on a monthly basis. Row 9 of Table 4 attached hereto shows the long term average annual lagged evaporative losses from the Post 1980 Area to be 10.74 acre feet per year. Row 9 of Table 4 also shows that of this amount 7.42 acre feet occur during the irrigation season and 3.32 acre feet occur outside of the irrigation season. 9.2 Releases from Tiefel Pond. A portion of the historical consumptive use from the 1.11 Shares will be stored and released or passed through the Tiefel Pond during the irrigation season as required to replace evaporative losses from the Avocet Pond and historical irrigation return flows occurring during the irrigation season. A portion of the historical consumptive use from the 1.11 Shares will be stored in the Tiefel Pond during the irrigation season and released outside of the irrigation season as required to replace evaporative losses from the Avocet Pond and historical irrigation return flows that occurred outside the irrigation season. The water so released will be return to Boulder Creek at one of the return points shown on Figure 4. 9.3 Tiefel Uses. To the extent not needed for replacement obligations under this augmentation plan, water attributable to the historical consumptive use associated with the 1.11 Shares shall be delivered to and stored in the Tiefel Pond and will be fully consumable. Under the HOA’s agreement with Tiefel, Tiefel is entitled to store such excess water in the Tiefel Pond for aesthetic, piscatorial, aquaculture, wildlife, recreation, firefighting, and other beneficial uses. Tiefel may also lease or sell such excess water to others for irrigation, augmentation or other uses, but any such use must be approved by the Water Court or by the State Engineer through a substitute water supply plan by separate application. 10. Terms and Conditions Regarding Augmentation Plan. 10.1 The HOA will replace depletions to Boulder Creek attributable to the net evaporation from the Post-1980 Area. Depletions will be calculated based on real-time weather data using the following procedure. During the months of March through October, daily reference evapotranspiration data will be obtained from the weather station operated by the Northern Colorado Water Conservancy District at Longmont South, or another nearby weather station approved by the Water Commissioner if the Longmont South station data is unavailable. This data will be multiplied by 1.0 to determine pan evaporation. The pan evaporation data will be multiplied by the following factors to determine gross reservoir evaporation: March April May June July August September October 0.58 0.60 0.63 0.67 0.71 0.75 0.78 0.77

Gross reservoir evaporation for the months of November through February will be estimated to be the following, in inches: Gross Reservoir Evaporation (inch)

 

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November December January February 1.57 1.18 1.18 1.37

Net reservoir evaporation will be determined by subtracting 70% of total precipitation at the Longmont South station from gross reservoir evaporation. Next, the net evaporation rate will be multiplied by the number of ice-free acres, or 4.2 acres when ice-free to determine the net reservoir evaporation volume. Finally, the net reservoir evaporation volume will be lagged to Boulder Creek using the URFs set forth as follows, where month 1 is the month of evaporation and the sum equals one.

Month 1 2 3 4 5 6 7 8

URF 0.164 0.273 0.121 0.071 0.050 0.040 0.034 0.030

Month 9 10 11 12 13 14 15 16

URF 0.027 0.024 0.021 0.019 0.017 0.016 0.014 0.013

Month 17 18 19 20 21 22 23 24

URF 0.011 0.010 0.009 0.008 0.007 0.007 0.006 0.005 10.2 Replacement of depletions attributable to the Post-1980 Area net reservoir evaporation at the Avocet Pond will be made by release of water stored in the Tiefel Pond under the 1.11 Shares as set forth above, upstream of the Boulder and Weld County Ditch headgate in Section 15 or 16 of Township 1 North, Range 69 West of the 6th P.M. 10.3 Release for replacement of depletions will be made at least weekly during the irrigation season and at least monthly outside of the irrigation season. Such replacements may be aggregated and released as may be allowed by the Water Commissioner. 11. Measurement and Accounting. Measuring devices as required by the Division Engineer or Water Commission will be installed for measurement of deliveries from the Lower Boulder Ditch to the Tiefel Pond and from the Tiefel Pond to Boulder Creek. A water accounting form will be developed and completed as required by the Division Engineer or Water Commissioner. 12. Remarks. The proposed terms and conditions set forth above are those agreed to with the Lower Boulder Company. The engineering numbers are those currently calculated by the HOA’s engineers, but may be subject to change during the course of these proceedings without need for republication of this application. (9 pages + exhibits) 16CW3070 (09CW130, 02CW342) Bar 15 Ranch, LLLP (c/o William A. Paddock and Johanna Hamburger, Carlson, Hammond & Paddock, LLC, 1900 Grant Street, Suite 1200, Denver, CO 80203-4539, Phone No.: (303) 861-9000); APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN DOUGLAS COUNTY, COLORADO. 1. Name, address and telephone number(s) of Applicant: Bar 15 Ranch, LLLP, 8999 Palmer Divide Avenue, Larkspur, CO 80118, Telephone: (303) 663-0807. 2. Name of Structure: Bar 15 Middle Pond. 3. Description of Conditional Water Rights: A. Decree: 1. Date of Original Decree: September 25, 2003, Case No. 02CW342, District Court, Water Division No. 1. 2. Subsequent Decrees: April 29, 2010, Case No. 09CW130, District Court, Water Division No. 1. B. Location: an on-channel reservoir to be located in the SE1/4 of the SE1/4 of Section 25, Township 10 South, Range 66 West of the 6th P.M., at a point 1,320 feet from the South Section Line and 705 feet from the East Section Line, Douglas County, Colorado. See Exhibit A, Map of Bar 15 Middle Pond. C. Source: Crowfoot Creek and springs tributary to Crowfoot Creek, tributary to Cherry Creek, tributary to South Platte River. D. Appropriation Date: April 18, 2002. E. Amount: 34 acre-feet conditional. F. Use: Irrigation, recreation, fish and wildlife, livestock, aesthetic, augmentation and replacement. 4. Detailed outline of what has been done toward completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: A. Bar 15 Middle Pond is part of an integrated water system under § 37-92-301(4)(b) that provides water service for the Bar 15 Ranch. The integrated water system includes the Bar 15 Upper Pond, Bar 15 Lower Pond, and related water supply wells and appurtenances. See Decrees entered in Cases No. 02CW342 and 09CW130. B. During the diligence period, the Applicant continued to work to develop the integrated water system of which the Bar 15 Middle Pond is a part. The Bar 15 Middle Pond will be located immediately downstream of the existing Bar 15 Upper Pond, and immediately upstream of the existing

 

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Bar 15 Lower Pond. Water rights for the two existing ponds were adjudicated to these structures in September 2003 in Case No. 02CW342 (the same case in which the subject conditional water right was adjudicated). C. During the diligence period, the Applicant expended funds on maintenance of the structures of the integrated water system of which Bar 15 Middle Pond is a part. D. During the diligence period, the Applicant semi-annually engaged the services of Applied Ingenuity, LLC to perform static and dynamic water level checks at the Applicant’s wells completed into the Denver and Dawson formations, which are part of the integrated water system supplying Bar 15 Ranch. The report containing the most recent test results from May 2016 is attached as Exhibit B. E. During the diligence period, the Applicant engaged the services of Hepworth-Pawlak Geotechnical, Inc. to measure Bar 15 Ranch’s operating piezometers to determine the stability of the Bar 15 Upper Pond structure and to assess the ground water levels adjacent to the proposed Bar 15 Middle Pond, which will inform future construction activities. The report is attached as Exhibit C. F. During the diligence period, the Applicant researched and evaluated alternative funding mechanisms for the construction of the Bar 15 Middle Pond. Two appraisals of the Bar 15 Ranch were completed by First Bank to establish an operating line of credit for improvements to the Ranch, such as constructing the Bar 15 Middle Pond. 5. Name(s) and address(es) of owner(s) or reputed 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, including any modification to the existing storage pool: Bar 15 Ranch, LLLP, 8999 Palmer Divide Avenue, Larkspur, CO 80118. WHEREFORE, Applicant requests that the Court enter an order making a finding of reasonable diligence in the development of the Bar 15 Middle Pond. 16CW3071 Douglas Stratton, Ellen Stratton, Stephen William Runge and Jo Ann Runge C/O Jill Dreher, PO Box 248, Akron, CO 80720. Please forward all future correspondence and pleading to Donald E. Frick, Fischer Brown, Bartlett & Gunn, P.C., 1319 E. Prospect Road, Fort Collins, CO 80525. APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION IN WASHINGTON AND LOGAN COUNTIES. 2. Overview of Application: Applicants own and operate three irrigation wells (Permit Nos. 16797-F, 16165-F, and 20787-FR, located approximately 10 miles northwest of the Town of Akron, Colorado (the “Subject Wells”). The Subject Wells are located in, and withdraw ground water from a basin known as the Twenty-Two Slough. The Twenty-Two Slough is an ephemeral drainage tributary to the South Platte River in Water District 64, with its confluence located just downstream of the Balzac river gauging station. The purpose of this application is to obtain approval of a plan for augmentation to augment the lagged depletions to the South Platte River caused by operation of the Subject Wells. 3. Description of Proposed Plan for Augmentation: 3.1. Structures to be Augmented: Stratton Well No. 16797-F, Stratton Well No. 1 – 016165-F, and Runge Well 1, which are more particularly described as follows:

Well WDID Permit No. Pumping

Rate Location Case No.

Stratton Well No. 16797-F

0108524 16797-F 1.78 cfs

SE1/4 NW1/4

Section 14, T4N, R53W,

6th P.M.

W-7299

Stratton Well No. 1 – 016165-F

0108516 16165-F 1.22 cfs

NW1/4 SW1/4

Section 24, T4N, R53W,

6th P.M

W-7312

Runge Well 1 0108187 20787-FR 1.78 cfs SW1/4 W-4617

 

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NW1/4 Section 24,

T4N, R53W, 6th P.M.

3.2. Statement of Plan for Augmentation: The Subject Wells are located in the Twenty Two Slough drainage basin, approximately 13 miles from the confluence of the Twenty Two Slough and the South Platte River, and are used for the irrigation of approximately 400 acres in Sections 14, 23 and 24, Township 4 North, Range 53 West, 6th P.M. Applicants believe that the ground water pumped from the Subject Wells meets the statutory definition of non-tributary water. However, for purposes of this Application, Applicants intend to calculate the timing of depletions to the South Platte River based on conservative assumptions on the rate of ground water movement in the basin. Based on those assumptions, and based on estimated historical pumping through the date of this application, Applicants currently estimate that the first potentially measurable depletion accruing to the South Platte River will not occur until at least the year 2030, totaling about 0.005 acre-feet per year. Furthermore, assuming constant annual consumptive use of 260 acre-feet per year in the future and the same conservative assumptions, the maximum annual rate of depletion in 2116 is 5 acre-feet. Under the proposed plan for augmentation, the Applicants intend to make a projection of the future depletions from proposed pumping in each year. Applicants propose as a term and condition of the operation of the plan for augmentation that Applicants must demonstrate on an annual basis sufficient replacement water to replace all projected depletions for the proceeding 10 year period, or such other period the Court deems sufficient. To the extent Applicants cannot demonstrate the sufficiency of such replacement water, the projected pumping in the upcoming year will be reduced or curtailed accordingly. 3.3. Water to be Used for Augmentation. Based on Applicants’ preliminary calculations, there will be no augmentation requirement under the plan for augmentation for a number of years. Nevertheless, Applicants have identified augmentation credits leased and/or purchased from the Riverside Irrigation District, North Sterling Irrigation District and Logan Well Users as a potential source of augmentation water. Other sources may include fully consumable effluent leased from the City of Sterling, or other sources that may be identified and acquired in the future. Applicants reserve the right to add augmentation sources from time to time pursuant to appropriate terms and conditions to be included in the decree entered in this matter. 3.4. Name(s) and address(es) of owner(s) or reputed 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, including any modification to the existing storage pool: None. 4 pages.

16CW3072 THE CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS (c/o Karl Ohlsen and Mason Brown, Carlson, Hammond & Paddock, LLC, 1900 Grant Street, Suite 1200, Denver, CO 80203-4539, Phone No.: (303) 861-9000); APPLICATION FOR CHANGE OF WATER RIGHT IN WELD COUNTY, COLORADO. I. Name, mailing address, and home telephone number of applicant: Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-Day Saints Natural Resource Services, c/o Grant S. Cooper, 50 E. North Temple St., 12th Floor, Salt Lake City, UT 84150-6320. Copy to: Chase Nielson, Esq., Kirton McConkie, 50 East South Temple, 4th Floor, Salt Lake City, UT 84111. II. Decreed water rights for which change is sought: A. Name of Structure: 1) Hoff Well 12311. B. Date of original and all relevant subsequent decrees: 1) March 26, 1971, Case No. CA 16704, Claim No. 385, Decree No. 458, Weld County District Court. C. Legal Description of the current structure: 1) The decreed location of Hoff Well 12311 is in the NE1/4 of the SW1/4 Section 5, Township 5N, Range 64W of the 6th P.M. in Weld County at a point 2526 feet north and 1900.8 feet east of the Southwest section corner. 2) The actual location of Hoff Well 12311 is in the NE1/4 of the NW1/4 Section 5, Township 5N, Range 64W of the 6th P.M. in Weld County at a point 3202.9 feet from the east section line and 23.02 feet from the north section line. See Exhibit A. D. Decreed source of water: 1) Hoff Well 12311 – Underground water, tributary to the

 

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South Platte River. E. Appropriation Date: 1) May 1935. F. Decreed use: 1) Irrigation. G. Amount of water applicant intends to change: 1) 1cfs (450 gpm). H. Detailed description of proposed change: 1. Complete statement of change: Applicant seeks a change of water right to correct an error made in the legal description for the water right in the original decree, Case No. CA16704, Claim No. 385, Decree No. 458, Weld County District Court, resulting in a decreed location in the SW1/4 of Section 5 rather than the NW1/4 of Section 5, Township 5N, Range 64W of the 6th P.M. and to change the point of diversion of the water right to an existing well in the NE1/4 of the NW1/4 of Section 5, Township 5N, Range 64W of the 6th P.M. Due to the error, the existing well structure used to divert the Hoff Well 12311 water right is not located within 200 feet of the decreed location for the Hoff Well 12311 water right. The Applicant does not seek to change the type of beneficial use decreed to the Hoff Well 12311 water right. a. History of the Water Right. The Hoff Well 12311 diversion well is and historically has been physically located in the NE1/4 of the NW1/4 of Section 5, Township 5N, Range 64W of the 6th P.M. However, the decreed location of the well is in the NE1/4 of the SW1/4 of Section 5, Township 5N, Range 64W of the 6th P.M., one half mile south of the actual location, due to a clerical or measuring error in the original decree. Hoff Well 12311 has historically been and will continue to be a participating well in the augmentation plan decreed to the Cache La Poudre Water Users Association, Case No. W-7921(75) (the “Cache La Poudre Plan”.) Hoff Well 12311 was drilled in the NE1/4 of the NW1/4 of Section 5, Township 5N, Range 64W of the 6th P.M., and put to beneficial use in May 1935. The well was registered with the State Engineer in April 1960. However, the well registration mis-described the location of the well on the application for registration as being in the NE1/4 of the SW1/4 of Section 5. In March 1971, the well owner obtained a water court decree for the well in Case No. CA16704. The decree in that case, like the well registration, inaccurately described the well’s legal location as being the NE1/4 of the SW1/4 of Section 5. The State Engineer files attribute the discrepancy in legal location between the well’s physical location and mis-described location to the possibility that the measurements for the well registration and the water court decree mistakenly were made from the quarter section lines rather than the section lines. In April 1990, the prior owner of the water right applied for a permit from the State Engineer to replace Hoff Well 12311 in the NE1/4 of the NW1/4 of Section 5. The application included the actual location of the well, stated that the original well was intended to withdraw 450 g.p.m., consistent with Hoff Well 12311’s original appropriation. The State instead issued Permit No. 36479-FR, but limited the rate of withdrawal from the new well to 200 g.p.m., which limit was consistent with a different well on the property, being the “Underground Water Well” decreed in Case No. 16704, Claim No. 385, Decree # 455 and registered under Permit No. 36479-F. According to State records, the replacement well was operated with the 7.5 hp pump transferred from the original well for the Hoff Well 12311 water right and was first applied to beneficial use at 450 g.p.m. Prior to 1990, the Hoff Well 12311 water right had been used to irrigate lands in the W1/2 of Section 5, Township 5 North, Range 64 West of the 6th P.M. using the well first drilled in 1935. Since 1990 the Applicant and its predecessors have diverted the Hoff Well 12311 water right to irrigate land lands in the W1/2 of Section 5 using the replacement well drilled pursuant to Well Permit No. 36479-FR. The Applicant will continue to use the water in a manner consistent with its historical use by irrigating lands in the W1/2 of Section 5; the land which includes the original and replacement location. The Applicant will file a new permit application with the State Engineer to ensure that the permit for the existing well matches the historical use and water rights associated with the Hoff Well 12311 and any decree entered in this matter. The location of the irrigated lands is shown in Exhibit B. 2. Legal descriptions of decreed location and actual or new location of structure. a. Decreed Location: The decreed location of Hoff Well 12311 water right is in the NE1/4 of the SW1/4 Section 5, Township 5N, Range 64W of the 6th P.M. in Weld County at a point 2526 feet north and 1900.8 feet east of the Southwest section corner. b. Actual/Changed Location: The changed location of Hoff Well 12311 shall be in the NE1/4 of the NW1/4 Section 5, Township 5N, Range 64W of the 6th P.M., 23.02 feet from the north section line and 3202.9 feet from the east section line, at a point consistent with the location of the well drilled pursuant to Well Permit No. 36479-RF. I. The applicant is the owner of both the land upon which the well is located and the lands to be irrigated by the well.

 

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16CW3073 Weld County. BREE AND PHIL LUKENS, 9378 WCR 124, Carr, Colorado 80612 (Telephone: 970.555.3349). Robert E. Schween, Robert E. Schween, P.C., 62489 East Border Rock Road, No. 2, Tucson, Arizona 85739. Telephone: 303-995-7870. Email: respc@q.com. APPLICATION FOR NONTRIBUTARY GROUNDWATER RIGHTS IN THE UPPER LARAMIE AQUIFER OR ANY OTHER AQUIFER UNDERLYING APPLICANTS’ PROPERTY. 2. Well Permits: Well permit applications for the wells to be constructed pursuant to this application and subsequent decree will be applied for at such time as Applicants are prepared to construct such wells pursuant to the terms of the decree to be entered in this matter. 3. Property Description, Well Locations and Estimated Depths of Wells: A. The wells which will withdraw ground water from the aquifer underlying the land described below will be located on Applicants’ property, consisting of 267.4 acres, more or less, all in Township 11 North, Range 67 West of the 6th P.M., Weld County, Colorado and generally described as follows: 80.0 acres within the E1/2 of the NW1/4 of Section 34; and 156.19 acres within the NE1/4 of Section 34; and 31.2 acres within the W1/4 of Section 35. See Exhibit A-1, General Location Map, Exhibit A-2, Site Location Map, and Exhibit B, Property Legal Description, attached hereto. B. Applicants request the right to construct such wells anywhere on the described property to recover the entire allowable annual amounts from each aquifer. C. The estimated depths to the base of the aquifers at the location of Applicants’ property vary depending on the location on the property. Actual well completion depths will comply with the well permit, but may vary from the permitted depth depending on the topography at any particular location. 4. Source of Water Rights: A. Nontributary Ground Water. Applicants’ hydrogeologic analysis indicates that the ground water underlying Applicants’ property is contained in the Upper Laramie aquifer and is nontributary ground water as defined at § 37-90-103 (10.5), C.R.S. Applicants may obtain a well permit, withdraw, and fully consume such nontributary ground water. B. Excluded Ground Water. 5. Background: Applicants file this application for water rights pursuant to § 37-92-203, C.R.S., as a water matter concerning nontributary ground water. Applicants are the owners of the overlying land described herein. 6. Date of Initiation of Appropriation: Not Applicable. 7. Right to Ground Water Claimed Herein: A. Applicants seek a decree for all nontributary ground water determined to be available underlying the property described herein based upon an aquifer life of 100 years. B. Applicants assert that withdrawal in the average annual amounts determined to be available can be made pursuant to § 37-90-137(4), C.R.S., without causing material injury to the vested rights of others. 8. Amounts and Rates of Withdrawal: A. Average Annual Amounts Available: The average annual amount of withdrawal available from the aquifer(s) underlying Applicants’ property is estimated as follows:

Section - Saturated

Thickness (ft) Average Annual Amount (AF) Township & Range Acreage Specific Yield

34, T-11-N, R-67 W 236.2 26% 415 254.9

35 , T-11-N, R-67-W 31.2 26% 415 33.6

TOTAL 267.4 288.5

See Letter Report, Quantum Water Consulting, Exhibit C, and Declaration of Expert, Exhibit D. B. Final Amounts. The final average annual amount available will depend upon the actual hydrogeology and the legal entitlement of Applicant to all ground water in the aquifer(s) underlying Applicants’ property. C. Average Pumping Rates: The average pumping rates for wells to be completed into the named aquifers are expected to vary from 150 to about 300 gpm. Applicants request that the pumping rates for each well may be as great as necessary to withdraw the full annual allocation of water from each named aquifer. 9. Well Fields: Applicants have the right to withdraw all of the legally available ground water in the Upper Laramie aquifer or in such other aquifer underlying the property described herein, through any well(s) initially permitted in each aquifer and any additional well(s) which may become part of the Applicants’ well field. Applicants request that the initial well(s) permitted, along with any additional well(s) completed into the same aquifer, shall be treated as a well field. As additional wells are constructed, well permit applications will be filed in accordance with § 37-90-137(10), C.R.S. 10. Proposed Uses: Applicants request the right to

 

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use all ground water subject to this application for all beneficial uses, to be used, reused, and successively used and, after use, leased, sold or otherwise disposed of. Such water may be used on or off Applicants’ property. Such ground water will be produced for immediate application to all beneficial uses, including all domestic, commercial, industrial, and irrigation uses, for storage and subsequent application to said uses, for exchange purposes, for replacement of stream depletions resulting from the use of water from other sources, and for augmentation purposes. 11. Description of the Land Overlying Subject Ground Water: The Applicants’ property overlying the ground water claimed herein consists of a total acreage of 267.4 acres, more or less, located in Weld County, and is described in Paragraph 3 above. Also see attached Property Legal Description, Exhibit B. 12. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to §§ 37-92-302(2) and §37-90-137(6), C.R.S. 13. Name of Owner of the Land on Which Structures are Located: The owners of the overlying land area described herein are the Applicants named in this application. There is one lienholder of record and such entity will be duly notified of the filing of this application pursuant to 37-90-302(2)(b), Colorado Revised Statutes, as amended. 14. Additional Remarks: A. Applicants request the Court enter a decree granting: (1) A quantification and adjudication of the ground water rights in the aquifer(s) underlying Applicants’ property to which Applicants are entitled to develop and use; (2) The right to withdraw more than the average annual amount estimated in paragraph 5B above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7; and (3) The right to revise the above estimate of the average annual amounts available for withdrawal upward or downward, based on better or revised data, without the necessity of amending this application or republishing same. B. The nature and extent of the water rights claimed herein are defined by § 37-90-137(4), C.R.S., and the withdrawals sought to be made are based upon an aquifer life of 100 years and upon the quantity of ground water, exclusive of any artificial recharge, in such aquifer underlying the land shown on Exhibit A-1 and Exhibit A-2, and as described in Exhibit B hereto. WHEREFORE, Applicants Bree and Phil Lukens request a ruling and decree granting the application herein and awarding the ground water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained, so that the State Engineer may issue well permits for such well(s) as Applicant requests under this decree, subject to the limitations described in such ruling and decree. FURTHER, Applicants request this Court grant such other relief as it deems proper in the premises. (4 Pages.) 16CW3074 PLATTE RIVER RANCH ESTATES WATER AND ROAD ASSOCIATION, c/o C. Douglas Anderson, P.O. Box 234, Alma, Colorado 80420, dougandkim@opintel.com,719-836-3420. Attorneys: Veronica A. Sperling, Paul F. Holleman, Buchanan Sperling & Holleman PC, 7703 Ralston Road, Arvada, Colorado 80002, 303-431-9141, vsperling@tbvs.net, fholleman@tbvs.net; TOWN OF ALMA, c/o Nancy Comer, Town Administrator, 59 E. Buckskin, P.O. Box 1050, Alma, Colorado 80420, ncomer@townofalma.com, 719-836-2712. Attorneys: Cynthia F. Covell, Andrea L. Benson, Alperstein & Covell, P.C., 1600 Broadway, Suite 900, Denver, Colorado 80202, 303-894-8191, cfc@alpersteincovell.com; alb@alpersteincovell.com; TOWN OF FAIRPLAY, c/o Tina Darrah, Town Administrator, 901 Main Street, P.O. Box 267, Fairplay, Colorado 80440, tdarrah@fairplayco.us, 719-836-2622. Attorneys: Frederick A. Fendel, III, Petrock & Fendel, P.C., 700 17th Street, Suite 1800, Denver, Colorado 80202, 303-534-0702, rick@petrockfendel.com. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE CONDITIONAL WATER RIGHTS PARTIALLY ABSOLUTE IN PARK COUNTY. 2. Name of structure: Cottage Grove Reservoir. 2. Describe conditional water right including the following from previous decree: A. Date of original decree: June 29, 1977; Case No.: W-7853-74; Court: District Court, Water Division 1. B. Subsequent decrees: Decrees finding reasonable diligence and/or making portions of the conditional water rights originally decreed in Case No. W-7853-74 absolute were previously entered in Case Nos. 83CW103 on December 3, 1986, 83CW232 on December 5, 1986, 87CW122 on October 6, 1988, 94CW178 on March 31, 1997, 03CW137 on January 22, 2004, and 10CW36 on May 26, 2010. C. Legal description: Cottage Grove Reservoir inlet is located in the W1/2 of the NW1/4 of Section 19, T9S, R77W of the 6th P.M., Park County, Colorado, at a point whence the NW corner of said Section 19 bears N 38 degrees 54 minutes 15 seconds W, 1471.405 feet. D. Source: The Middle Fork of the South Platte River. E. Appropriation dates

 

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and amounts: August 31, 1969 B 4 acre-feet, ABSOLUTE, with the right to fill and refill CONDITIONAL; January 1, 1975 B 6 acre-feet, ABSOLUTE, with the right to fill and refill CONDITIONAL. F. Use: Non-consuming recreational and fish rearing, ABSOLUTE. Storage of waters under exchange or augmentation plans approved by the court, CONDITIONAL. 4. Detailed outline of what has been done toward completion or for completion of the appropriation and application of water to beneficial use as conditionally decreed, including expenditures, during the previous diligence period: Co-Applicant, Platte River Ranch Estates Water and Road Association (AAssociation@), owns and operates Cottage Grove Reservoir, which has been completed to its full decreed capacity of 10 acre-feet. Co-Applicants, Town of Alma and Town of Fairplay, each own a portion of the conditional water storage rights for Cottage Grove Reservoir. During the diligence period, water was stored in Cottage Grove Reservoir to its full decreed capacity of 10 acre feet. In addition, during the diligence period, the Association continued to maintain and operate Cottage Grove Reservoir for the benefit of its residents and others, including employing a ditch rider, and water stored in the reservoir was available for augmentation use under the Association=s augmentation plan decreed in Case No. 93CW071 and, during a portion of the diligence period, under the Town of Alma=s augmentation plan decreed in Case No. 12CW195. The Association expended in excess of $600.00 on maintenance, operation and related expenses associated with the reservoir during the diligence period. Co-Applicant, Town of Alma, expended $62,691 in costs, including legal and engineering fees, related to Case No. 12CW195 during the diligence period. 5. If claim to make absolute: Pursuant to ' 37-92-301(4)(e), C.R.S., water was captured, possessed and controlled in the full amount of the 10 acre feet decreed for the first fill of Cottage Grove Reservoir, by the filling of the reservoir in priority on May 20, 2016, and co-applicants seek a determination that the Cottage Grove Reservoir first fill water storage rights are absolute for all decreed purposes in the amount of 4 acre feet with an appropriation date of August 31, 1969 and 6 acre feet with an appropriation date of January 1, 1975. 6. Name and address of owner of 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: Co-Applicant, Platte River Ranch Estates Water and Road Association. WHEREFORE, Co-Applicants request the Court to enter a decree (1) finding that reasonable diligence has been exercised in the development of the conditional water storage rights for Cottage Grove Reservoir, (2) making the conditional first fill water storage rights for Cottage Grove Reservoir absolute for all decreed purposes in the amount of 4 acre feet with an appropriation date of August 31, 1969 and 6 acre feet with an appropriation date of January 1, 1975, and (3) continuing the remaining conditional water storage rights for Cottage Grove Reservoir in full force and effect for an additional diligence period. 16CW3075, Sorin Natural Resource Partners, LLC, a Colorado limited liability company, c/o Byron Levkulich, 1530 16th Street, Suite 300, Denver, CO 80202 and Denver-Julesburg Water Resource Partners, LLC, c/o Byron Levkulich, 1530 16th Street, Suite 300, Denver, CO 80202 (c/o Timothy J. Flanagan, 1640 Grant Street, Denver, Colorado 80203). CONCERNING THE APPLICATION FOR WATER RIGHTS OF: SORIN NATURAL RESOURCE PARTNERS, LLC AND DENVER JULESBURG WATER RESOURCE PARTNERS IN WELD AND LARIMER COUNTIES. 2. APPLICATION FOR CONDITIONAL APPROPRIATIVE RIGHT OF EXCHANGE 2.1 Name of Exchange: Sorin Water – Shaw Lakes Exchange. 2.2 General Description of Exchange: Sorin owns certain water rights decreed for augmentation, replacement, recharge and exchange. These water rights include, without limitation, senior direct flow rights for which a change of use has been decreed as well as conditional recharge rights. Sorin has also leased fully consumable supplies whose decreed uses include exchange, augmentation and replacement. Applicants wish to adjudicate an appropriative right of substitution and exchange allowing the use of these rights as a source of substitute, replacement and augmentation supply, and certain upstream diversion structure for which Sorin has secured a legal right to use as an “exchange to” point where the water will then be diverted and carried to storage structures for which Sorin has also secured a legal right to use. 2.3 Amount: 10.0 c.f.s. 2.4 Source: South Platte

 

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River, St. Vrain Creek and Boulder Creek. 2.5 How appropriation was initiated for exchange: Sorin appropriated this conditional water right by forming the intention to appropriate coupled with performing overt, physical acts constituting a first step towards diversion and application of the claimed water right to a beneficial use. The intent to appropriate was evidenced by signature of Sorin’s authorized representative on this Application. The overt acts include, but are not limited to, acquisition of a long-term lease of storage capacity in the Middle Shaw Lake No. 2 and North Shaw Lake No. 3 and performing engineering analysis of the exchange potential between the “Exchange From” and “Exchange To” Locations as more fully defined below. 2.6 Appropriation Date: February 24, 2016. 2.7 Exchange From Locations: 2.7.1 Existing and/or proposed augmentation stations identified in Paragraphs 7.3.1.18.8 (1)-(3) of the decree in Case No. 12CW179 to include the following: (1) Existing return structure (CCWCD Godfrey Aug. Station, WDID No. 0201022) located generally in the NW1/4, SW1/4 of Section 31, Township 5 North, Range 65 West, 6th P.M. (2) Proposed Godfrey Station #1 to be located generally in the NE1/4, SW1/4 of Section 3, Township 4 North, Range 66 West, 6th P.M. (3) Godfrey Station #2 (WDID No. 0202219) located generally in the SW1/4, NE1/4 of Section 3, Township 4 North, Range 66 West, 6th P.M. (4) Proposed Godfrey Station #3 to be located generally in the NE1/4, NE1/4 of Section 3, Township 4 North, Range 66 West, 6th. P.M. (5) Union/Big Bend Augmentation Station (WDID No. 0202978) located in the SE1/4 of the SW1/4 of Section 4, Township 4 North, Range 66 West near the Rumsey South Farm Headgate described in Paragraph 7.3.2.8 of the decree in Case No. 12CW179. 2.7.2 Recharge accretion point for the Rumsey Recharge Facility (WDID No. 0202163) decreed in Case No. 12CW179. The recharge accretions from the Rumsey Recharge Facility accrue to the South Platte River in the river reach generally located in the SW1/4, NW1/4, Section 35, Township 5 North, Range 66 West, below the Godfrey Ditch Headgate and above the Lower Latham Ditch Headgate. Godfrey Ditch Headgate (WDID No. 0200830) is located in the SE1/4 of Section 3, Township 4 North, Range 66 West of the 6th P.M. The Lower Latham Ditch Headgate (WDID No. 0200834) is located in the NW1/4 of the NE1/4 of Section 31, Township 5 North, Range 65 West of the 6th P.M. The Rumsey Recharge Facility consists of the North Ponds (Nos. 1-6): SW1/4 of SE1/4, Section 35, Township 5 North, Range 66 West, 1,140’ FSL, 1,780’ FEL and the West Pond: SW1/4 of SW1/4 , Section 35, Township 5 North, Range 66 West, 870’ FSL, 1,270’ FWL. 2.7.3 The confluence of the Cache la Poudre River and the South Platte River located generally in the SW1/4 of the SW1/4 of Section 6, Township 5 North, Range 66 West of the 6th P.M. Applicants’ “Exchange From Locations” are identified on the attached Figure 1. 2.8 Exchange To Locations: 2.8.1 Idaho Creek Diversion Structure. The Idaho Creek Diversion Structure (WDID No. 0600783) diverts off of the south side of Boulder Creek, located in the NW1/4 of SW1/4 of Section 29, Township 2 North, Range 68 West of the 6th P.M. and is shown on Figure 1, attached. 2.9 Storage of Exchanged Water: Water exchanged to the Idaho Creek Diversion Structure identified in Paragraph 2.8.1 above pursuant to the exchange identified in this Application shall then be diverted for carriage in Idaho Creek where it will be subsequently diverted and stored in the following structures which are shown on Figure 1, attached: 2.9.1 Middle Shaw Lake No. 2 (WDID No. 0603368) 2.9.1.1 Legal Description: In S1/2 of NW1/4, Section 29, Township 2 North, Range 68 West, 6th P.M., Weld County Colorado with an approximate center point 2,200 feet from the North section line and 1,350 feet from the West section line. 2.9.1.2 Names of the Structures: The following may be used to fill the reservoir and the legal descriptions of the points of diversion. Middle Shaw Lake No. 2 will be filled with diversions from Idaho Creek via Shaw Lakes Diversion Structure No. 1. Water diverted to Middle Shaw Lake No. 2 via Shaw Lakes Diversion Structure No. 1 may be transferred from Middle Shaw Lake No. 2 to North Shaw Lake No.3 via a pump. Idaho Creek – Shaw Lakes Diversion Structure No. 1 (WDID No. 0600786). The point of diversion of the Idaho Creek - Shaw Lakes Diversion Structure No. 1 is on the relocated Idaho Creek in the SE1/4, NW1/4 , Section 29, Township 2 North, Range 68 West, 6th P.M. 2.9.2 North Shaw Lake No. 3 (WDID No. 0603369). 2.9.2.1 Legal Description: In E1/2 of NW1/4 and the N1/2 NE1/4, Section 29 and the SE1/4 of Section 20, both in Township 2 North, Range 68 West, 6th P.M., Weld County Colorado with an approximate center point 150 feet from the North section line and 1,800 feet from the East section line. 2.9.2.2 Names of the Structures: The following may be used to fill the reservoir and the legal descriptions of the points of

 

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diversion. North Shaw Lake No. 3 will be filled with diversions from Idaho Creek via Shaw Lakes Diversion Structure No. 2. Water diverted to Middle Shaw Lake No. 2 via Shaw Lakes Diversion Structure No. 1 may also be transferred from Middle Shaw Lake No. 2 to North Shaw Lake No.3 via a pump. Idaho Creek – Shaw Lakes Diversion Structure No. 1. The point of diversion of the Idaho Creek - Shaw Lakes Diversion Structure No. 1 is on the relocated Idaho Creek in the SE1/4, NW1/4, Section 29, Township 2 North, Range 68 West, 6th P.M. Idaho Creek – Shaw Lakes Diversion Structure No. 2. The point of diversion of the Idaho Creek - Shaw Lakes Diversion Structure No. 2 is on the relocated Idaho Creek in the NW1/4, NE1/4, Section 29, Township 2 North, Range 68 West, 6th P.M. Weld County, Colorado. Idaho Creek – Shaw Lakes Diversion Structure No. 2 diverts directly into North Shaw Lake No. 3 and would be used to fill Middle Shaw Lake No. 2 via interconnect pipe. 2.10 Sources of Substituted Supply: The source of substitute water supply for this exchange includes any water owned, controlled, or available for use by Applicants that may be lawfully diverted from the South Platte River and its tributaries in Larimer and Weld Counties, which includes, but is not necessarily limited to, the following: 2.10.1 Big Bend Water Right (2 c.f.s.) with changed uses decreed in Case No. 12CW179. The Big Bend Water Right is diverted at the Union Ditch Headgate (WDID No. 0200828) located in the NE1/4 of Section 18, Township 4 North, Range 66 West of the 6th P.M. The Big Bend Water right that is part of this exchange shall be returned to the South Platte River at one or more of the augmentation stations identified in Para. 2.7.1 above. 2.10.2 Godfrey Ditch shares with changed uses decreed in Case No. 12CW179. The Godfrey Ditch Headgate (WDID No. 0200830) is described in Para. 2.7.2 above. Water derived from these shares in the Godfrey Ditch that are part of this exchange shall be returned to the South Platte River at one or more augmentation stations identified in Para. 2.7.1 above. 2.10.3 New Cache la Poudre Irrigation Company shares with changed uses decreed in Case No. 14CW3046. Water derived from these shares is diverted at the Greeley Canal No. 2 headgate (WDID No. 0300929). The Greeley Canal No. 2 Headgate located on the north side of the Cache La Poudre River in the SW1/4 of the SE1/4 of the NE1/4 of Section 11, Township 6 North, Range 68 West of the 6th P.M., Larimer County, Colorado. This water right shall be returned to the Cache la Poudre River from one or more of the augmentation stations listed on Table 1, attached. 2.10.4 Cache la Poudre Reservoir Company shares with changed uses decreed in Case No. 14CW3046. Water derived from these shares is diverted at the Greeley Canal No. 2 Headgate (WDID No. 0300929) which is described in Para. 2.10.3 above. Water derived from these shares is stored in the Cache La Poudre Reservoir, a/k/a, Timnath Reservoir, (WDID #0303775) located in Township 7 North, Range 68 West, 6th P.M., in Larimer County, Colorado. The headgate for the inlet ditch is located on the north bank of the Cache La Poudre River in the NE1/4 of Section 18, Township 7 North, Range 68 West. Cache La Poudre Reservoir is located in portions of Sections 23, 24, 25, and 26, Township 7 North, Range 68 West. This water right shall be returned to the Cache la Poudre River from one or more of the augmentation stations listed on Table 1, attached. 2.10.5 Recharge accretion credits from the Rumsey Recharge Facility decreed in Case No. 12CW179 and described in Para. 2.7.2 above. 2.10.6 Recharge accretion credits from the Bickling Recharge Facility decreed in Case No. 14CW3046. The recharge accretions from the proposed Bickling Recharge Facility will accrue to the Cache la Poudre River in a river reach generally located in the SE1/4 of the SW1/4 of Section 3, Township 5 North, Range 65 West, 6th P.M., in Larimer County, Colorado, below the Ogilvy Ditch Headgate and above the confluence of the Cache la Poudre River and the South Platte River. The Ogilvy Ditch Headgate (WDID No. 0300937) is located in the SE1/4 of the SW1/4 of Section 4, Township 5 North, Range 65 West, 6th P.M., in Larimer County, Colorado. The confluence of the Cache la Poudre River and the South Platte River is located as described in Para. 2.7.3 above. The Bickling Recharge Facility will be constructed on the Bickling Farm located in the E1/2 of the NW1/4 of Section 34, Township 6 North, Range 65 West 6th P.M. Any substituted water shall be of a quality and continuity to meet the requirements of use to which the senior appropriation has normally been put. C.R.S. § 37-80-120(3). 2.11 Exchange Reaches The furthest downstream terminus of the exchange is located at the confluence of the Cache la Poudre River and the South Platte River (described in Para. 2.7.3). The furthest upstream terminus of the exchange is located at the Idaho Creek Diversion Structure on Boulder Creek located (described in Para. 2.8.1). Applicants request the right to exchange from any of

 

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the exchange-from points identified in Para. 2.7 to any of the exchange to points identified in Para. 2.8. 2.12 Use of Exchanged Water: Augmentation, replacement, recharge and exchange purposes. Specifically, the exchange water will be used for replacement and augmentation in the plans of augmentation decreed in Case Nos 12CW179 and 14CW3046 to include replacement of well depletions from the aforementioned plans for augmentation, replacement of historical return flow obligations associated with the change of use of the Big Bend Water Right and water rights derived from shares of Godfrey Ditch Company as decreed in Case No. 12CW179; and replacement of historical return flow obligations associated with the change of use of water rights derived from shares of the New Cache La Poudre Irrigation Company and Cache La Poudre Reservoir Company as decreed in Case No. 14CW3046 and recharge in the Rumsey Recharge Facility. 2.13 Date Water Applied to Beneficial Use: Not applicable; conditional right claimed. 2.14 Exchange Operations – Non-Injury: Applicant will divert water at the upstream point of exchange and provide a substituted supply of water to one or more appropriators senior to it, not to exceed that to which any senior appropriator is entitled from time to time by virtue of his appropriations in such a matter that will not injuriously affect the owner of or persons entitled to use water under a vested water right or decreed conditional water right. 3. NAMES AND ADDRESSES OF OWNER(S) OR REPUTED OWNERS: The names and addresses of owners of or reputed owners of the land upon which any diversion, storage or outlet structure, or modifications to any existing diversion, storage or outlet structure is or will be constructed or upon which water is or will be diverted, stored or discharged, including any modifications to existing facilities, is as follows: 3.1 Middle Shaw Lake No. 2, which includes Idaho Creek – Shaw Lakes Diversion Structure No. 1, and the underlying land is owned by Michael S. Shaw, Virginia N. Shaw and/or the Shaw Family, LLLP, P.O. Box 1227, Longmont, Colorado 80502. 3.2 North Shaw Lake No. 3, which includes Idaho Creek – Shaw Lakes Diversion Structure No. 2, and the underlying land is owned by Michael S. Shaw, Virginia N. Shaw and/or the Shaw Family, LLLP, P.O. Box 1227, Longmont, Colorado 80502. 3.3 North Shaw Lake No. 3 outlet structure is located in part on land owned by Michael S. Shaw, Virginia N. Shaw and/or the Shaw Family, LLLP, P.O. Box 1227, Longmont, Colorado 80502 and Williams Family Farm, LLC, 8876 Rogers Road, Longmont, CO 80503. 3.4 Idaho Creek and Idaho Creek Diversion Structure on Boulder Creek. It is Applicants’ understanding that the following entities may have an ownership interest and/or an easement for a right to use Idaho Creek for diversion and carriage of water: 3.4.1 Mike and Virginia Shaw, and/or Shaw Family, LLLP, P.O. Box 1227, Longmont, Colorado 80502 as owners of the Houck No. 2 Ditch (a/k/a the Hauck No. 2 Ditch) water right. 3.4.2 Godding Ditch Company, Attn: Dan Grant, Secretary/Treasurer, P.O. Box 1826, Longmont, CO 80502-1826. 3.4.3 Carr and Tyler Ditch Company, c/o Lucy Stromquist, 12189 Oxford Road, Longmont, CO 80504. 3.4.4. Smith and Emmons Ditch Company, c/o Michael Refer, Aggregate Industries, 1687 Cole Blvd., Suite 300, Golden, CO 80401. 3.4.5 Delehant Ditch Company, c/o Charles Stromquist, 12467 Oxford Road, Longmont, CO 80504. 3.5 CCWCD Godfrey Aug. Station is owned by the Central Colorado Water Conservancy District 3209 West 28th Street, Greeley, CO 80634. The owners of the underlying land and related facilities includes Charles Sylvester, P.O. Box 607, La Salle, CO 80645 and the Town of LaSalle, 128 N. 2nd Street, LaSalle, CO 80645. The Lower Latham Ditch Company, c/o James Park, 8209 W. 20th St., Suite A, Greeley, CO 80634, owns the Lower Latham Drain. 3.6 Proposed Godfrey Station #1, if constructed, will be owned by Sorin. The owners of the underlying land include JBS Five Rivers Cattle Feeding, LLC, 1770 Promontory Circle, Greeley, CO 80634 and Robert Lemon, 1531 Stout Street, Suite 101, Denver, CO 80202. 3.7 Godfrey Station #2 is owned by Glen and Kathy Werning, 23822 CR 33.25, LaSalle CO 80645. 3.8 Proposed Godfrey Station #3, if constructed, will be owned by Sorin. The owners of the underlying land include Glen and Kathy Werning, 23822 CR 33.25, LaSalle CO 80645. 3.9 Union/Big Bend Augmentation Station is currently under construction and will be owned by Sorin. 3.10 The Rumsey Recharge Facility and the underlying land is owned by Sorin. To the extent Applicants do not own or control the structures identified herein in Para. 3, Applicants will obtain permission from the owners or controllers prior to use for the rights of substitution and exchange requested herein.

 

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16CW3076 Arapahoe County. NELSON ACRES, c/o H. William Nelson and H. Ann Nelson, 2500 East Belleview Avenue, Greenwood Village, Colorado 80121 (Telephone: 303.771.3862). Robert E. Schween, Robert E. Schween, P.C., 62489 East Border Rock Road, No. 2, Tucson, Arizona 85739. Telephone: 303-995-7870. Email: respc@q.com. APPLICATION FOR PLAN FOR AUGMENTATION IN LITTLE DRY CREEK, TRIBUTARY TO THE SOUTH PLATTE RIVER. 2. Overview of Application: A. Owners. Applicant Nelson Acres, through its owners, H. William Nelson and H. Ann Nelson, seeks a plan for augmentation for replacement of stream depletions caused by out-of-priority pumping from its Nelson Well No. 1, Well Permit No. 41172-F. Stream depletions occur to Little Dry Creek, tributary to the South Platte River. B. Water Court Decree. The Nelson Well No. 1 was decreed in Water Division 1, Water Court Case No. W-6719. C. Location. The Nelson Well No. 1 is located generally in the NW1/4 of NW1/4 of Section 13, Township 5 South, Range 68 West, 6th P.M, in Arapahoe County, Colorado. See General Location Map, Exhibit A, and Well Legal Description, Exhibit B hereto. D. Source. Ground water tributary to Little Dry Creek, tributary to the South Platte River. E. Decreed Date of Appropriation. January 1, 1938. F. Amount. 250 gpm. G. Use. Supplemental irrigation source for Applicant to be used on Applicant’s property. See Exhibit A. 3. Augmentation Claim: A. Applicant will use the ground water withdrawn through the Nelson Well No. 1 as a supplemental supply to irrigate up to 10 acres of land. See Exhibit A. B. For purposes of the claimed plan, Applicant will assume that all withdrawals are out-of-priority and all stream depletions must be replaced in a manor to avoid injurious effect upon the water rights of others. 4. Estimated Stream Depletions: A. Nelson Well No. 1’s projected maximum level of pumping under this plan is 21.5 acre-feet per year. B. Because of the proximity of Nelson Well No. 1 to the stream, stream depletions occur in the same week as pumping. See Exhibit A. 5. Replacement Timing and Sources: A. Replacement Supplies. Subject to final Board of Directors approval, replacement water will be supplied by fully augmented not nontributary Lower Dawson or Denver aquifer groundwater presently owned by Southgate Water & Sanitation District and pumped directly into Little Dry Creek upstream of the point of depletion. B. Return Flows. Irrigation return flows will return to Little Dry Creek and may be used as an alternate replacement source. Applicant estimates that 10% of the water applied to irrigation will return to Little Dry Creek as return flows. 6. Application for Plan for Augmentation: A. Structure to be Augmented. The Nelson Well No. 1 pumps ground water from the alluvium of Little Dry Creek in Arapahoe County. The location of the well is described above and shown on the Location Map attached as Exhibit A. B. Summary of Diversions. Based upon estimated irrigation operations and the limitations of the replacement sources, likely monthly and annual withdrawals are shown on Table 1 attached as Exhibit C. Applicant requests the right to withdraw up to 21.5 AF/yr. C. Summary of Return Flows. Return flow credits are claimed in this application for a plan for augmentation as follows: Up to 21.5 acre-feet of water will be applied to irrigation each year. Approximately 10% of such water will directly run-off or percolate and return to Little Dry Creek. Thus, Applicant claims up to 2.1 acre-feet per year as return flow credit. D. Stream Depletions. Stream depletions under this plan equal the amount of out-of-priority water that is withdrawn by the well minus credit allowed for return flow accretions to the stream. E. Replacement: Applicant intends to make full replacement of its stream depletions on a monthly basis through direct discharge of fully augmented not nontributary Lower Dawson or Denver aquifer groundwater. Such replacement water will be discharged into Little Dry Creek at a location upstream of the point of depletion. 7. Post-Operation Stream Depletions: Once pumping of the Nelson Well No. 1 permanently ceases, stream depletions will cease as well as a result of the proximity of the well to the stream system. Accordingly, there is no need to deliver any augmentation water to cover post-pumping depletions. The augmentation water delivered during the last month of pumping will fully replace post-pumping depletions. 8. Summary of Plan Operation: A. Withdrawals of Ground Water: The Nelson Well No. 1 is completed in the alluvium of Little Dry Creek, and withdraws water for irrigation purposes at a decreed rate of flow of 250 gpm. The Nelson Well No. 1 is located next to the stream, and stream depletions caused by these withdrawals occur within the same week as pumping. B. Consumptive Use: Consumptive use of the water withdrawn is caused primarily by land application for irrigation. An analysis of current irrigation practice indicates that approximately 90% of the amount of water applied is

 

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consumed, and approximately 10% of such water applied returns to the stream from either direct runoff or deep percolation. C. Replacement of Depletions: Out-of priority stream depletions, as defined above, will be fully replaced with lawn irrigation return flows and direct discharge of fully augmented not nontributary Lower Dawson or Denver aquifer groundwater. 9. Proposed Terms and Conditions: A. Tributary water diverted and pumped from the Nelson Well No. 1 will be limited on a monthly basis to an amount of water calculated to be available based upon available replacement water. B. Applicant will perform all necessary accounting functions and make reports to the Division Engineer as requested. C. 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 Nelson Acres. 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: The rights requested in this application are needed to supplement Applicant’s present and future water resource demand for its on-going irrigation operations. Applicant asserts that it has such needs and is committed to developing and operating the augmentation plan requested herein. 13. Prayers For Relief: WHEREFORE, Applicant Nelson Acres requests this Court to enter a decree: A. Granting the application herein and awarding the plan for augmentation requested herein. B. Confirming the original decree and priority date for the Nelson Well No. 1 of January 1, 1938. C. 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. FURTHER, Applicant asks the Court grant such other relief as it deems just and proper in this matter. (4 Pages.) 16CW3077 (10CW16). IN PARK COUNTY, COLORADO. APPLICATION TO MAKE PORTIONS OF CONDITIONAL UNDERGROUND WATER RIGHTS ABSOLUTE AND FOR FINDING OF REASONABLE DILIGENCE. IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF BEAR MOUNTAIN RIDGE SUBDIVISION HOMEOWNERS ASSOCIATION. DISTRICT COURT, WATER DIVISION NO. 1, STATE OF COLORADO, Weld County Courthouse, 901 9th Street, Greeley, CO 80632. 1. Name, address and telephone number of applicant: Bear Mountain Ridge Subdivision Homeowners Association, c/o Brian Himmelman, 89 Territory Drive, Pine, CO 80470 (303) 257-9373. Direct all pleadings to: Michael F. Browning, Corina A Hach, Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, Colorado 80302. 2. Name of structures: A. Bear Mountain Ridge Subdivision Wells 1 through 12 (the “Wells”). B. Bear Mountain Ridge Subdivision Exchange (the “Exchange”) 3. Description of Bear Mountain Ridge Subdivision Wells: Original Decree: Decreed by the District Court in and for Water Division No. 1 in Case No. 03CW27 on January 14, 2004. A previous diligence decree was entered in Case No. 10CW16 on May 26, 2010. B. Decreed Location: The Wells are all located in the Bear Mountain Ridge Subdivision, comprising 35.471 acres in the NE1/4 of the NW1/4 of Section 1 and Government Lot 4, Township 7 South, Range 72 West of the 6th P.M. in Park County, Colorado. A Map depicting the Bear Mountain Ridge Subdivision is attached hereto as Exhibit A. C. Source: Groundwater tributary to Elk Creek, a tributary of the North Fork of the South Platte River. D. Appropriation Date: January 31, 2003, for each well. E. Amount: 50 gpm, for each well. F. Uses: Well Nos. 1 through 7 are decreed for domestic, landscape irrigation, horse watering, and firefighting purposes. Well Nos. 8 through 12 are decreed for commercial, landscape irrigation, and firefighting purposes. G. Remarks. i. The Wells are included within an augmentation plan, also decreed in the above-referenced Case No. 03CW27. Augmentation water is provided from augmentation water provided by Mountain Mutual Reservoir Company (“MMRC”). ii. The Wells were decreed before the final subdivision plat for Bear Ridge Mountain Subdivision was approved and before the layout of the Lots was finalized. Pursuant to State Engineer Policy Memorandum 99, the conditional Wells were permitted to be described by reference to, and located anywhere within, the proposed subdivision lots. The proposed Subdivision Plat filed with the Application in Case No. 03CW27 was labeled with Lot/Tract Nos. 23 through 27, however the Lot/Tracts were subsequently renamed Lot Nos. 1 through 8. Well Nos. 1 through 7 correspond to Lot Nos. 1 through 7, respectively. Well Nos. 8 through 12 are all to be located on Lot. No. 8, formerly Lot No. 27. The exact location of the

 

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Wells that have been constructed to date is included in Paragraph 5, below, and depicted on the map attached as Exhibit B. 4. Description of the Bear Mountain Ridge Subdivision Exchange: The Exchange was also decreed by this Court on January 14, 2004, in Case No. 03CW27. The Exchange was decreed a conditional appropriative right of exchange at the rate of 2 gpm (0.0044 cfs), with an appropriation date of January 31, 2003, and an annual maximum of 1.16 acre feet. The Exchange is from various sources of water from MRC described in Case No. 03CW27, from the confluence of Elk Creek and the North Fork of the South Platte River, up Elk Creek to its confluence with Jones Gulch, and then up Jones Gulch to the Bear Mountain Ridge Subdivision. 5 Claim to Make Portions Absolute. A. Bear Mountain Ridge Subdivision Well No. 2 (Well Permit No. 77198-F) was drilled and completed in Lot 2 in May 2013 and a Well Construction and Test Report filed on May 13, 2013. A pump was installed in February 2014 and a Pump Installation and Test Report filed on May 10, 2014. Since that time, the well has been pumped and used for all decreed and permitted purposes at the rate of 7 gpm. Applicant seeks to make such amount absolute for all decreed uses. Well No. 2 is located 300 feet from the North Section line and 1780 feet from the West Section line in Section 1 of Township 7 South, Ranch 72 West of the 6th P.M. B. Bear Mountain Ridge Subdivision Well No. 3 (Well Permit No. 77263-F) was drilled and completed on Lot 3 in May 2014 and a Well Construction and Test Report filed that same month. A pump was installed in September 2014 and a Pump Installation and Test Report filed on November 13, 2014. Since that time, the well has been pumped and used for all decreed and permitted purposes at the rate of 7 gpm. Applicant seeks to make such amount absolute for all decreed uses. Well No. 3 is located 450 feet from the North Section line and 1944 feet from the West Section line in Section 1 of Township 7 South, Ranch 72 West of the 6th P.M. C. Bear Mountain Ridge Subdivision Well No. 5 (Well Permit No. 76842-F) was drilled and completed on Lot 5 in November 2012 and a Well Construction and Test Report filed on November 29, 2012. A pump was installed in December 2012 and a Pump Installation and Test Report filed on December 17, 2012. Since that time, the well has been pumped and used for all decreed and permitted purposes at the rate of 6 gpm. Applicant seeks to make such amount absolute for all decreed uses. Well No. 5 is located 480 feet from the North Section line and 2398 feet from the West Section line in Section 1 of Township 7 South, Ranch 72 West of the 6th P.M. D. Bear Mountain Ridge Subdivision Well No. 6 (Well Permit No. 77245-F) was drilled and completed on Lot 6 in August 2013 and a Well Construction and Test Report filed on August 14, 2013. A pump was installed in August 2013 and a Pump Installation and Test Report filed in the same month. Since that time, the well has been pumped and used for all decreed and permitted purposes at the rate of 7 gpm. Applicant seeks to make such amount absolute for all decreed uses. Well No. 6 is located 600 feet from the North Section line and 2359 feet from the West Section line in Section 1 of Township 7 South, Ranch 72 West of the 6th P.M. E. Bear Mountain Ridge Subdivision Well No. 7 (Well Permit No. 76300-F) was drilled and completed on Lot 7 in September 2012 and a Well Construction and Test Report filed on September 10, 2012. A pump was installed in April 2013 and a Pump Installation and Test Report filed on April 26, 2013. Since that time, the well has been pumped and used for all decreed and permitted purposes at the rate of 15 gpm. Applicant seeks to make such amount absolute for all decreed uses. Well No. 7 is located 528 feet from the North Section line and 1684 feet from the West Section line in Section 1 of Township 7 South, Ranch 72 West of the 6th P.M. F. The Exchange has been operated at rates exceeding 2 gpm at various times in the last six years. Accordingly, Applicant seeks to make the Exchange absolute at the decreed rate of 2 gpm (0.0044 cfs). 6. Claim for Reasonable Diligence: Since the last diligence decree was entered in May, 2010, Applicant and its members have undertaken the following specific activities which demonstrate diligence with regard to the remaining conditional rights: A. As set forth above, Well Nos. 2, 3, 5, 6 and 7 were drilled and put to beneficial use. B. All of the Lots have been sold, several homes have been constructed, and the remaining Lot owners are working diligently to complete the homes that have not yet been constructed and constructing their individual wells. C. Applicant has maintained its contract with MMRC in full force and effect in order to provide a source of augmentation and exchange for the Wells. Applicant and its members therefore seek findings of reasonable diligence and a ruling retaining the conditional status of Well Nos. 1, 4, 8, 9, 10, 11, and 12. To the extent that any amounts or uses conditionally decreed to Well

 

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Nos. 2, 3, 5, 6, and 7 and/or the Exchange, Applicant seeks to maintain such conditional water rights. (9 pages) 16CW3078 (99CW225, 2008CW303). IN THE MATTER OF THE APPLICATION FOR FINDING OF REASONABLE DILIGENCE OF THE TOWN OF MORRISON and AGGREGATE INDUSTRIES – WEST CENTRAL REGION, INC. (formerly CAMAS Colorado, Inc.) IN JEFFERSON COUNTY. Name, address and telephone number of Applicants: Kara Zabilansky, Town Administrator, Town of Morrison (“Morrison”), 321 Highway 8, Morrison, CO 80465, Telephone: (303) 697-8749, Email: kara@town.morrison.co.us. Michael J. Refer, Environmental and Land Services Manager, Aggregate Industries – WCR, Inc. (“Aggregate Industries”), 1687 Cole Boulevard # 30, Lakewood, CO 80401, Telephone: (303) 989-0300. Direct pleadings to Cynthia F. Covell and Andrea L. Benson, Alperstein & Covell P.C., 1600 Broadway, Suite 900, Denver, CO 80202, telephone (303) 894-8191 (counsel for Morrison), and to Timothy J. Flanagan, 1640 Grant Street, Suite 300, Denver, CO 80203, telephone (303) 298-8603 (Counsel for Aggregate Industries). Names of structures: A.Morrison Quarry Pipeline No. 2. B. Morrison Quarry Reservoir No. 1. C. Morrison Quarry Reservoir No. 2. Describe conditional water right (as to each structure) giving the following from the Referee’s ruling and judgment and decree: Date of original decree: December 4, 2002; Case No.: 99CW225; Court: Water Court, Water Division No. 1. A subsequent decree awarding diligence was entered by the Water Court, Water Division No. 1, in Case No. 2008CW303 on May 6, 2010. Location: The Morrison Quarry Pipeline No. 2 will divert from Strain Gulch at a point lying in the SE1/4 of the NE1/4 of Section 10, Township 5 South, Range 70 West of the 6th P.M. from which the NE Corner of said Section 10 bears N 33°15'07" E a distance of 1835.66' and from which NE Corner the North 1/4 Corner of said Section 10 bears S 89°40'25" W a distance of 2580.59 feet and from which North 1/4 Corner the point lies S 45°59'33" E a distance of 2188.41 feet, Town of Morrison, County of Jefferson, State of Colorado. The Morrison Quarry Pipeline No. 2 will deliver water to the Morrison Quarry Reservoirs No. 1 and 2. The Morrison Quarry Reservoir No. 1 is an off-channel reservoir located in the NE and SE Quarter Sections of Section 10, Township 5 South, Range 70 West, 6th P.M., Jefferson County, Colorado.The Morrison Quarry Reservoir No. 2 is an off-channel reservoir located in the NE Quarter Section of Section 10, Township 5 South, Range 70 West, 6th P.M., Jefferson County, Colorado. The Morrison Quarry Pipeline No. 2, and the Morrison Quarry Reservoirs Nos. 1 and 2 are shown on Exhibit A. Source: Strain Gulch via the Morrison Quarry Pipeline No. 2, tributary to Bear Creek, tributary to the South Platte River. Appropriation date: December 27, 1999. Amounts: Morrison Quarry Pipeline No. 2: 20 cfs conditional. Morrison Quarry Reservoir No. 1: 650 AF conditional. Morrison Quarry Reservoir No. 2: 3,000 AF conditional. Use: Irrigation, agricultural, commercial, industrial, and all municipal uses and the right to exchange, for irrigation, agricultural, commercial, industrial, and all municipal uses, including but not limited to, domestic, manufacturing, industrial, power generation, fire protection, sewage treatment, street sprinkling, irrigation of parks, lawns and grounds, recreational, piscatorial, maintenance and preservation of wildlife and aesthetic values, lake and reservoir evaporation, augmentation and replacement, adjustment and regulation of municipal water systems, including further exchange with municipal or industrial water systems, and other such water uses. Point of Diversion: The decree in Case No. 99CW225 provides that water will be diverted to storage in the Morrison Quarry Reservoir Nos. 1 and 2 from the Morrison Quarry Pipeline No. 2, located as described in paragraph 3.B.i above. Additional Information from Decree. Paragraph 7 of the decree in Case No. 99CW225 provides the following explanatory provision: “The Morrison Quarry Reservoirs No. 1 and No. 2 were conditionally decreed in Case No. 95CW126 for storage of 650 acre-feet and 3,000 acre-feet respectively. The sources of water decreed for diversion to these reservoirs in Case No. 95CW126 are direct diversions from Bear Creek via two intakes and diversion from Strain Gulch via the previously-decreed 1.0 cfs Cooley Morrison Quarry Pipeline. Applicants have since determined that during certain times of the year, inflows to Strain Gulch are greater than the capacity of the 1.0 cfs Cooley Morrison Quarry Pipeline which was approved for diversions of Strain Gulch inflows into the reservoirs in Case No. 95CW126. Applicants here seek to store water in the Morrison Quarry Reservoir No. 1 and No. 2 via the Morrison Quarry Pipeline No. 2,

 

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providing a point of diversion to storage in addition to the points of diversion decreed in Case No. 95CW126. The maximum amount of water that may be stored annually in Morrison Quarry Reservoir No.1 pursuant to the decree in Case No. 95CW126 and this decree will not exceed 650 acre-feet, and the maximum amount of water that may be stored annually in Morrison Quarry Reservoir No. 2 pursuant to the decree in Case No. 95CW126 and this decree will not exceed 3,000 acre-feet. The purpose and intent of this decree is to provide an additional location from which water may be diverted from Strain Gulch to storage in the Morrison Quarry Reservoir No. 1 and No. 2.” Provide a detailed outline of what has been done toward completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures. Morrison has diligently pursued development of these water rights, which are part of Morrison’s integrated water supply system. Pursuant to C.R.S. § 37-92-301(4)(b), when an integrated system is composed of several features, as is the case here, work on one feature of the system is considered in finding that reasonable diligence has been shown in the development of water rights for all features of the entire system. During this diligence period, Morrison undertook work and activities that resulted in Morrison being able to store water in the Morrison Quarry Reservoir No. 2 under several other storage rights, which enabled Morrison to determine that the structure is not subject to leakage. To provide water supplies to current and anticipated future customers, Morrison owns and operates water rights, augmentation plans decreed in Case Nos. 82CW425 and 87CW301, and storage rights, including the water rights decreed in Case No. 99CW225. Morrison has operated its augmentation plans since they were decreed in 1985 and 1988, respectively, and has provided the accountings for its water rights as required by the water commissioner and the Division Engineer. During this diligence period, Aggregate Industries has diligently pursued development of these water rights, which are part of Aggregate Industries’ integrated water supply system. Aggregate Industries obtained a decree in Case No. 2011CW294 that allows it to store and exchange other water rights to the Morrison Quarry Reservoirs, which, along with the conditional water rights decreed in Case No. 99CW225, will allow it to provide water supplies for its aggregate mining and related operations at the Morrison Quarry and elsewhere. During this diligence period, Morrison and Aggregate Industries worked cooperatively to develop the usable storage capacity in Morrison Quarry Reservoir No. 2, pursuant to their Annexation Agreement dated October 31, 1994, and amendments thereto, and to implement conveyance of the Morrison Quarry Reservoir No. 2 to Morrison by deed dated July 19, 2011. The parties hold shared storage rights, including those that are the subject of this application, and their agreements allow Aggregate to store certain water rights of its own in Morrison Quarry Reservoir No. 2, as well as the shared water storage rights that are the subject of the decree in Case No. 99CW225. Morrison and Aggregate finalized a Reservoir Operating Agreement on January 7, 2014. During this diligence period, Morrison finalized the decree in Case No. 2009CW33 (decreed February 1, 2012), which allows a number of water rights to be stored in Morrison Quarry Reservoir No. 2 as an alternative storage site. Morrison has expended in excess of $55,000 in legal fees with its water counsel to finalize the decree in Case No. 2009CW33, to participate as an opposer in water rights applications filed by others in order to protect its water rights (including the conditional rights decreed in Case No. 99CW225), and to develop and implement reservoir operation agreements and other contracts to facilitate use of Morrison’s water rights. In addition, Morrison has spent over $180,000 on engineering services related to water rights accounting, including analysis of the Town’s water rights yield with expanded reservoir storage, protection of the Town’s water rights, engineering analysis and design of reservoir improvements, and other water engineering services related to maintaining and increasing the Town’s water supply and storage capabilities. 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 located or upon which water is or will be stored. Morrison Quarry Pipeline No. 2: Applicants; Morrison Quarry Reservoir No. 1: Applicant Aggregate Industries; Morrison Quarry Reservoir No. 2: Applicant Town of Morrison. WHEREFORE, Applicants Town of Morrison and Aggregate Industries, Inc, having demonstrated that they have exercised reasonable diligence in putting to beneficial use the conditional portion of the water storage rights that remain conditional and an order continuing the conditional portion of the decree for another six years, or such period as may otherwise be permitted by law. (6 pages plus one exhibit)

 

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AMENDMENTS

14CW3160. W.R. Investments, LLC, 555 Eldorado Blvd., Suite 200, Broomfield, CO 80021. FIRST AMENDMENT TO APPLICATION FOR CHANGE OF WATER RIGHTS, APPROVAL OF AUGMENTATION PLAN, AND CONDITIONAL WATER RIGHTS, INCLUDING APPROPRIATIVE RIGHTS OF EXCHANGE, IN LARIMER COUNTY. CONCERNING THE APPLICATION FOR WATER RIGHTS OF W. R. INVESTMENTS, LLC. IN LARIMER COUNTY, COLORADO. W.R. Investments, LLC, 555 Eldorado Blvd., Suite 200, Broomfield, CO 80021, c/o Steve Bushong and William Wombacher, Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, CO 80302, Telephone (303) 443-6800. Amendment to Application: The original Application in this matter was filed with the District Court for Water Division No. 1 on December 29, 2014, and published in the Division 1 Water Court resume for January 2015 (“Original Application”). The Original Application included a change in Applicant’s interest in the Hillsborough Ditch No. 1 Priority and No. 2 Priority (“Subject Water Rights”) for use in a residential development on a Ranch consisting of about 692 acres on the Big Thompson River in Sections 14, 15, 22, 23 and 24, T5N, R68W of the 6th P.M., depicted on Exhibit A hereto, and for use by the Town of Johnstown (the “Town”). Approval of an augmentation plan was also sought to help maintain historical return flows associated with the changed water rights, including appropriative rights of exchange. Augmentation sources included the changed Subject Water Rights, either directly, after storage, or as return flows after use, fully reusable effluent from the Town, and other sources. Applicant has proposed one or more ponds to be used in conjunction with the changed Subject Water Rights. This Amendment seeks to add such ponds to the augmentation plan in order to replace any out-of-priority storage, and seeks to increase the originally proposed exchanges by 1 cfs. Applicant has circulated decrees and engineering reports in the pending case. The following provisions of the Original Application are amended and/or restated to clarify the Amendment: II. APPLICATION FOR APPROVAL OF AUGMENTATION PLAN. 8. Structures to be Augmented: A. Historical Hillsborough Ditch Return Flows. Historical Hillsborough Ditch Return Flows represent the most upstream location of historical return flows from the Ranch associated with the changed Subject Water Rights. The approximate location of the Historical Hillsborough Ditch Return Flows to the Big Thompson River is the SW1/4 of the SW1/4 of Section 14. T. 5 N., R. 68 W., of the 6th P.M. B. Ranch Ponds. One or more ponds will be constructed on the Ranch and a pond will be constructed in the NW1/4 of Section 24, T. 5 N., R. 68 W. of the 6th P.M. for use associated with the changed Subject Water Rights (collectively “Ranch Ponds”). An existing Ranch Pond on the Ranch has an outlet located in the SE1/4 of the NE1/4 of Section 22, T. 5 N., R. 68 W., at a point approximately 200 feet West and 1,700 feet South of the Northeast Corner of said Section 22. Such Ranch Ponds could collect and store out-of-priority inflows from, for example, precipitation and runoff, and this would cause corresponding depletions at or below the Hillsborough Ditch Return Flows location described in paragraph 8.A. 10. Plan for Augmentation. At any time there is a downstream call senior to December, 2014, Applicant will replace or maintain the Historical Hillsborough Ditch Return Flows associated with the changed Subject Water Rights in time, location and amount so as to avoid causing injury to the downstream calling water right. Applicant will prepare accounting that will allow it to track water usage under the changed Subject Water Rights and take credit for return flows from the use thereof, and will then make up any shortfall in the historical return flow obligation by delivering the changed Subject Water Rights to the Big Thompson River before or after storage, by using the above-described reusable effluent credits and/or by using the other augmentation sources described above. This plan for augmentation includes exchanges of the augmentation sources up the Big Thompson River to the furthest upstream location of where the Historical Hillsborough Ditch Return Flows accrued as described in paragraph 8. Included within the above-described augmentation plan and exchanges are the replacement of out-of-priority inflows stored in Ranch Ponds and not released. Some of the proposed facilities to be used in the augmentation plan are identified in Exhibit A hereto. III. APPLICATION FOR CONDITIONAL WATER RIGHTS,

 

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INCLUDING APPROPRIATIVE RIGHTS OF SUBSTITUTION AND EXCHANGE. 12. Appropriative Rights of Substitution and Exchange. Applicant requests appropriative rights of substitution and exchange in conjunction with the above-described augmentation plan, with exchange reaches from the points of delivery to the Big Thompson River for the Town’s fully reusable effluent and for Applicant’s changed Subject Water Rights, then upstream to the location of the Historical Hillsborough Ditch Return Flows, as further described below. A. Name and location of structure to which water will be exchanged (exchange-to point). Historical Hillsborough Ditch Return Flows, located on the Big Thompson River as described above at paragraph 8. B. Sources of Substitute Supply. (i). Fully Reusable Effluent of the Town described in Original Application; (ii). Changed Subject Water Rights, described in Original Application. C. Points at which Applicant shall make substitute supplies available (exchange-from points). (i). Fully Reusable Effluent of the Town: a. Low Point Waste Water Treatment Plant Outfall. Located on the Big Thompson River in the NW1/4 of the NW1/4 of Section 24, T. 5 N., R. 68 W. of the 6th PM, at a point approximately 1,250 feet from the West Section line and 455 feet from the North Section line; b. Town of Johnstown, Central Waste Water Treatment Plant. Located on the Little Thompson River in the NE1/4 of the NE1/4 of Section 10, T. 4 N., R. 67 W. of the 6th P.M. Reusable effluent will be delivered from this facility to the confluence of the Big Thompson River and the Little Thompson River, then exchanged up the Big Thompson River. (ii). Changed Subject Water Rights: Changed Subject Water Rights will be delivered to the Big Thompson River directly, after storage or as return flows at the following locations: a. One or more ditches or pipelines located on the Ranch property or return flows from use on the Ranch property. The furthest eastern point on the Big Thompson River associated with the Ranch will be the exchange-from point, which is described as 2,400 feet West and 1,250 feet South of the NE corner of Section 24, R68W, T5N, of the 6th P.M. b. A storage facility to be constructed in the NW1/4 of Section 24, T. 5 N., R. 68 W. of the 6th P.M. D. Amount Claimed. (i). Exchanges with Reusable Effluent: a total maximum of 2.0 cfs, conditional. (ii). Exchanges with Changed Subject Water Rights: a total maximum of 3.0 cfs, conditional. E. Date of Appropriation. December 29, 2014, for all exchanges described above. 1.0 cfs of the exchanges with Reusable Effluent and 2.0 cfs of the exchanges with the Changed Subject Water Rights will be administered with a 2014 priority based upon the Original Application, and 1.0 cfs associated with the exchanges with both Reusable Effluent and Changed Subject Water Rights will be administered with a 2016 priority, based upon the Amended Application date. The December 29, 2014, appropriation date is based upon an intent to appropriate and actions consistent with that intent including, but not limited to, field work and engineering in support hereof, execution of the Reusable Effluent Designation Agreement described above, and the filing of this Water Court Application. Additional Information. Number of pages in First Amended Application, 14 pages, including Exhibits A – C. A copy of the complete Application, as amended, can be obtained by contacting Applicant’s attorneys at the address and phone number listed above, or by e-mail at sjbushong@pbblaw.com. 15CW3095, The New Cache la Poudre Irrigating Company, 33040 Railroad Avenue, P.O. Box 104, Lucerne, CO 80646, (970) 352-0222, Attn: Dale Trowbridge. Please send all further pleadings to: Daniel K. Brown, Fischer, Brown, Bartlett & Gunn, P.C., 1319 East Prospect Road, Fort Collins, CO 80525, (970) 407-9000. FIRST AMENDED APPLICATION FOR WATER STORAGE RIGHTS AND TO ADD WELLS TO THE DECREE IN CONSOLIDATED CASES 04CW25/06CW294 IN WELD COUNTY. 1. First Amendment: Applicant filed its original application for a new storage right and to add wells to the decree in Consolidated Case Nos. 04CW25/06CW294 on July 31, 2015 (the "Original Application"). Following the filing of the Original Application, Applicant was able to reach an agreement for the use of an existing pump station as an additional point of diversion more particularly described in paragraph 6.D. below. Applicant has also reduced the number of wells in paragraph 6.B. from six to two and identified the wells’ locations. The Original Application is re-stated in its entirety with these revisions. 2. Names of Reservoir: New Cache Agricultural Pond 1 (“New Cache Pond” or “Pond”) 3. Legal description of reservoir. The Pond will be constructed upon a parcel of land approximately 35 acres in size located in the E1/2 of the SW1/4 of Section 6, Township 5 North, Range 64 West of the 6th P.M., See Exhibit A for complete legal description, hereinafter the “Property.” The

 

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Pond will be a constructed, lined, off-channel pit; there is will be no dam. See Exhibit B for a depiction of the proposed Pond. 4. Sources: Surface and groundwater tributary to the South Platte River. 5. Legal Description of Points of Diversion: A. If Applicant is able to reach an agreement with the Ogilvy Ditch Company to use the Ogilvy Canal, Applicant intends to fill the Pond via the Ogilvy Canal, the headgate, which is located on the North bank of the Cache la Poudre River within the SE1/4 of the SE1/4 of the SW1/4 of Section 4, Township 5 North, Range 65 West of the 6th P.M. in Weld County. B. Applicant also intends to divert ground water from two wells (collectively “Wells”) to be located on the Property in the following UTM coordinates (Zone 13): Well 1 Northing (Y) 4474925.19, Easting (X) 534334.62, Well 2, Northing (Y) 4475021.34, Easting (X), 534459.07. C. Applicant owns approximately 300 feet of river frontage on the Property and also intends to pump water directly from the river at up to three pump stations located along this river frontage in the SE1/4 of the SW1/4 of Section 6, Township 5 North, Range 64 West of the 6th P.M. D. Applicant has reached an agreement for the use of an existing pump station (WDID 0100839, Structure No. 839) to divert directly from the river at in the SE1/4 of the SW1/4 of Section 6, Township 5 North, Range 64 West of the 6th P.M., at a point located approximately 1,375 feet East and 500 feet North of the SW corner of said Section 6, with the following UTM coordinates: Northing (X) 4474725; Easting (Y) 534144 (Zone 13). 7. Appropriation: A. Dates of appropriation: The date of the filing of this application. B. How appropriation was initiated: The board of directors of the Applicant resolved that this application be filed. C. Date water applied to beneficial use: n/a. 8. Amount Claimed: A. Storage of up to 200 acre feet, CONDITIONAL, with a right to fill and re-fill when in priority. B. Rate of diversion for filling the reservoir: a. Ogilvy Canal: Up to 20 cfs, CONDITIONAL. b. From Wells: Up to 15 cfs for each of the Wells, CONDITIONAL, and collectively from the Wells not to exceed 15 cfs. c. From the Pump Stations: Up to 15 cfs for each of the Pump Stations described in paragraph 6.C and 6.D, CONDITIONAL, and collectively from the Pump Stations not to exceed 15 cfs. 9. Proposed Uses: Diversion and storage for irrigation, augmentation/replacement, commercial/industrial, piscatorial, recreational and replacement of evaporation. In particular, Applicant proposes to use the water rights for the replacement of well depletions and return flow obligations in Consolidated Cases 04CW25/06CW295, District Court, Water Division No.1 (the “Lower Poudre Augmentation Plan”). Applicant acknowledges that the water rights can’t be used in the Lower Poudre Augmentation Plan until the water is added to the decree in Consolidated Cases 04CW25/06CW295 (“LPAC Decree”) pursuant to paragraph 24.2 of the LPAC Decree. Applicant also intends to use the water rights decreed herein for supplemental irrigation within the Applicant’s service area consisting of approximately 40,000 acres located in the following Sections (see map attached hereto as Exhibit C): Sections 2,3,4,5,6 Township 5 North, Range 64 West; Sections 1,2,3,4, Township 5 North, Range 65 West; Sections 4 through 9, 16-21 and 29 through 31, Township 6 North, Range 63 West; Sections 7,12,13,14, and 17 through 36, Township 6 North, Range 64 West; Sections 1, 10 and 12 through 30 and 32 through 36, Township 6 North Range 65 West; Sections 13,14,15,16,17, 19 through 30, and 33 through 36, Township 6 North, Range 66 West; Sections 15 through 29, Township 6 North, Range 67 West; Sections 11,12,13, 14 and 24, Township 6 North Range 68 West, all in the 6th P.M. The water will be diverted for use within the Applicant’s service area by exchange. However, no exchange is plead herein or will be decreed in this matter. The water right will also be used for oil and gas development purposes pursuant to contracts with third parties, and for in situ recreation and piscatorial uses. 10. Total capacity of reservoir in acre feet: Up to 200 acre feet. 11. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new or existing 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. Applicant is the owner of a portion of the Property, additional property owners are as follows: Ogilvy Ditch Company, c/o Don Wacker, 28639 Weld County Road #58 1/2, Greeley, CO 80631. Wagistics, LLC, 5629 W 24th Street, Greeley, CO 80634. Wells to be Included in the Lower Poudre Augmentation Plan. With this Application, Applicant is also seeking to add the Wells to the Lower Poudre Augmentation Plan as “new wells” pursuant to paragraph 24.1.1 of the LPAC Decree. All pumping from the Wells shall be considered 100% depletive. Glover parameters for the Wells will be developed when the locations of the Wells on the Property are determined.

 

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The Wells shall be pumped in accordance with the terms, conditions and requirements of the LPAC Decree. 4 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 2016 (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.