elbert county news 1218

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ElbertCountyNews.net

E L B E R T C O U N T Y, C O L O R A D OA publication of

December 18, 2014VOLUME 119 | ISSUE 46 | 7 5 ¢

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ELBERT COUNTY NEWS(USPS 171-100)

OFFICE: 9137 S. Ridgeline Blvd., Suite 210Highlands Ranch, CO 80129

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Sheri� to get 7 new vehicles Commissioners approve $356,000 for purchase By Rick Gustafson Special to Colorado Community Media

In a unanimous vote, Elbert County com-missioners approved resolutions to replace seven aging sheriff’s offi ce vehicles. The two resolutions passed at the board of commis-sioners’ regularly scheduled meeting on Dec. 10 authorize the fi nance and purchase of two Dodge Chargers, one Dodge Durango and four Dodge Ram pickups.

The county plans to enter into a fi ve-year, 2.7 percent fi nancing deal with Kansas State Bank for the $356,000 required for the pur-chase of the vehicles and make quarterly pay-ments of a little over $19,000. The cost of the new vehicles was included in the 2014 bud-get, but the BOCC delayed the purchase until the end of the year to ensure the funds were available.

“In 2014, we didn’t execute this because our revenues weren’t what we felt they need-ed to be until just recently,” County Manager Ed Ehmann told the BOCC on Dec. 10. “We’re at a point where we are comfortable replacing these vehicles.”

Part of the $356,000 price tag includes the upfi t costs from the vehicles’ standard equip-ment to make them serviceable as a police car. The upfi t is equipment essential to law enforcement vehicles, including internal cages, consoles for lights, decals and racks for electronic equipment and new radios.

In order to handle the increased electrical draw from additional electronic equipment and lighting, the vehicles also require a more powerful alternator and heavier wiring than an off-the-shelf model.

The typical life cycle of a vehicle in El-bert County begins with the sheriff’s depart-ment. As they age and become less reliable for police service, they are transferred to less rigorous duty either within the Public Works Department or into the county’s fl eet of pool vehicles.

“We’re in a replacement program where we start out with our fl eet in the sheriff’s de-partment and as they reach 75,000 miles or so we transfer them into other departments or into our pool,” Ehmann said.

Pool vehicles are used for county business as well as some commuting by public offi cials and staff authorized to do so. As cars reach the end of their service life or if wrecked, the county retires them and sells them for their salvage value.

The vehicles purchased under the resolu-tions passed last week are slated to replace cars and trucks that the county salvaged or surplused earlier this year and will not result in the retirement of any additional county ve-hicles.

The Elbert County Sheri� ’s O� ce is poised to get seven new vehicles. Photo by Rick Gustafson

Squad takes 22nd spot at state championships By Rick Gustafson Special to Colorado Community Media

The Elizabeth High School cheer squad made the trip north for Day 2 of the Colorado High School Activities Association’s State Spirit Championships in Denver on Dec. 6. The two-day event at the Denver Coliseum drew more than 200 teams from Colorado high schools to compete for the title of state champions in their respective divisions. The categories included cheer, pompon, jazz, co-ed, and hip-hop.

“They have been practicing this routine since August,” said second-year cheerleading coach Katie Rothe just before her squad took to the competition fl oor. “They’re young, but they’re going to do a great job. I’m really excited.”

The cheer “red, black,” echoed through the coliseum as the squad’s veterans, seniors Jordan Byrd and Alycia Legge, junior Shelby Otte and sophomore Regan Kearns competed alongside four members making their debut at the state championships, sophomores Heather Philis, Kerah Clouse, Nadia Gunn and Megan Gleman.

The Elizabeth High School cheer squad competes at the State Spirit Championships in Denver on Dec. 6. Photos by Rick Gustafson

Karah Clouse, top, and Heather Philis compete for the Cardinals at the State Spirit Championships in Denver.

Elizabeth High coach Katie Rothe gives some last-minute advice to her cheer squad.

Cards move up in cheer results

Cheer continues on 3

2 Elbert County News December 18, 2014

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Goodbye to a great friend of librariesLast week, the Elbert County library

community lost a lifelong library support-er. Nancy Orth passed away after a battle with cancer.

Nancy began her library career in the 1970s driving a bookmobile to small, remote communities on the eastern plains of Colorado. From there she worked as the manager of the Kiowa Library, which at that time was a very small and under-funded county department. Nancy saw that technology was going to be the future of libraries, so she returned to school to become an expert in library technology.

Nancy went to work for the Plains and Peaks Regional Library System, where she worked as the technology consultant until the system closed in the early 21st century. In this position she brought small libraries into the computer age. She helped set up local networks and taught classes on all aspects of computer use in libraries.

Nancy was instrumental in setting up the Automation System Consortium of Colorado in the 1990s, which has since

morphed into AspenCat. This project enabled small, rural libraries from all over Colorado to become automated for the first time and to have their catalogs avail-able for future projects such as statewide interlibrary loan. Nancy spent countless hours on this project, traveling to outly-ing areas to get computers set up, records automated and staff trained. It would be hard to overstate the impact that this work had on moving rural libraries in Colorado into the automation age.

The Pines & Plains Libraries joined AspenCat just this year. I don’t know how

many of our current staff are aware of the contributions that Nancy made in helping bring this system to life.

More locally, Nancy was a key player in the formation of the Elbert County Library District in 2000. She had a major role on the campaign committee and made many persuasive presentations to local groups and individuals about the importance of voting for the district. After the campaign to form the library district was success-ful, Nancy spent several years helping the newly formed district with technology issues and served on the library board of trustees. In 2010 Nancy once again stepped forward to help with the statewide library advocacy project and made presentations to groups around the county highlighting the transformative power of libraries.

Nancy served on the board of trustees for the first decade of the district’s exis-tence, stepping down from the board in 2010 because of life-threatening health issues. She continued to support libraries through her membership and participa-

tion in the Kiowa Friends of the Library — back where it all began. She was also a reliable and generous supporter of the Elbert County (Pines & Plains) Libraries Foundation.

I had the honor of working with Nancy for my first four years as a direc-tor, frequently calling on her institutional memory, both of Elbert County and of the network of libraries she worked with over the decades. It is with great sadness that I learned of her passing.

Jan Gabehart co-wrote this week’s column. Kari May lives in Elizabeth and is the direc-tor of the Pines & Plains Libraries. She can be contacted through the library at [email protected]. Pines & Plains Libraries is an independent taxing entity created by a vote of the citizens in 2000 and serves all residents of Elbert County. The district is funded primarily through a mill levy assessed on properties. Visit pplibraries.org for more information about the variety of information and resources available through your libraries.

AREA CLUBS

Clubs continues on Page 7

DOUGLAS-ELBERT COUNTY Music Teachers’ Association meets at 9 a.m. every �rst Thursday at Parker Bible Church, between Jordan and Chambers on Main Street. All area music teachers are welcome. Call Lucie Washburn, 303-814-3479.

THE ELBERT County Sheri�’s Posse is a nonpro�t volunteer organization that is part of the Elbert County Sheri�’s O�ce. As volunteers we support the Elbert County Sheri�’s O�ce, all law enforcement in our county, and the community at large. For more information or a membership application, go to http://www.elbertcoun-tysheri�.com/posse.html, or contact Dave Peontek at 303-646-5456.

THE ELIZABETH Food Bank, 381 S. Banner in Elizabeth (next door to Elizabeth Presbyterian Church) needs to let the public know that we are available to help anyone who needs food. The hours are Friday 12:30-3 p.m. and Saturdays from 9-11:30 a.m. Other times by appointment.

LAWYERS AT the Library, a free legal clinic for parties who have no attorney, will be o�ered from 6-9 p.m. the second Tuesday of every month at the Elizabeth Library, 651 W. Beverly St. Volunteer attorneys will answer questions, help �ll out forms and explain the process and procedure for the areas of family law, civil litigation, criminal defense, property law, probate law, collections, appeals, landlord-tenant law and civil protection orders. Walk-ins are welcome. Everyone will be helped on a �rst-come, �rst-served basis.

MYSTERY BOOK Club meets at 9:30 a.m. the �rst Saturday of each month at the Simla Public Library. The group enjoys talking about a variety of mystery authors and titles. We also periodically host a Colorado author during our meetings. Everyone may join us, and registration is not required. Visit the Simla Branch of the Elbert County Library District at 504 Washington Avenue, call 719-541-2573, or email [email protected].

THE OUTBACK Express is a public transit service provided through the East Cen-tral Council of Local Governments is open and available to all residents of Cheyenne, El-bert, Kit Carson and Lincoln counties and provides an economical and e�cient means of travel for the four-county region. Call Kay Campbell, Kiowa, at 719- 541-4275. You may also call the ECCOG o�ce at 1-800-825-0208 to make reservations for any of the trips. You may also visit http://outbackexpress.tripod.com. To ensure that a seat is available, 24-hour advance reservations are appreciated.

OVEREATERS ANONYMOUS meets from 10-11 a.m. and from 7-8 p.m. Wednesdays in the Sedalia Room at New Hope Presbyterian Church, 2100 Meadows Parkway, Castle Rock.

SENIORS MEET in Elizabeth every Monday at 11 a.m. for food, fun and fellowship at Elizabeth Senior Center, 823 S. Banner St. Bring a dish for potluck on the �rst Monday of each month. Other Mondays, bring a sack lunch. Bingo, games and

socializing. New leadership. Call Agnes at 303-883-7881 or Carol at 303-646-3425 for information.

CYCLE CLUB meets at 9 a.m. Saturdays in the parking lot of Southeast Christian Church. Tour the streets of Parker, Elizabeth and Castle Rock. Call John at 720-842-5520.

PARKER ARTISTS Guild presents free art classes for kids and teen on the second Saturday of each month at Hobby Lobby at Parker Road and Mainstreet. Lessons and Lemonade classes for ages 10-12 are at 9:30 or 11 a.m., and the Teen Art Studio for grades 7-9 are at 1 or 3 p.m. Reservations required by the Wednesday before class. Go to www.parkerartistsguild.com and click on Youth Programs. 20 students maximum.

HILLTOP SOCIAL Club has been an active women’s club in the Parker area since 1921. We meet the second Thursday of each month at noon at the Hilltop School-house at Flintwood and Democrat Roads. The ladies have maintained the schoolhouse since 1954 for community use, and the preservation of the history of the Hilltop area. For more information please call Be at 303-841-4581, or Fran at 303-841-9655.

Elbert County News 3 December 18, 2014

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VA catches heat for hospital dispute Congressional delegation blasts agency’s actions By Vic Vela [email protected]

Colorado’s congressional delegation last week blasted the Department of Veterans Af-fairs for its handling of a construction contract dispute that has further delayed the building of a new VA hospital and has left hundreds of workers in limbo.

A fast-moving news cycle began on Dec. 10, when a federal civilian board of appeals ruled that the VA was in breach of contract with the group it hired to build a state-of-the-art veterans hospital in Aurora.

The contract dispute was over money. The contractor, Kiewit-Turner, claimed it could not fi nish work on the project at the price tag that the VA had originally set, which was $582.8 million. Kiewit-Turner said it would take about $1 billion to fi nish the work.

The Civilian Court of Contract Appeals

ruled in favor of Kiewit-Turner, which resulted in the contractor abruptly stopping work at the site, located at Interstate 225 and Colfax Avenue. About 1,400 construction workers were employed at the site.

“Where we are right now is really unfor-tunate,” Republican Congressman Mike Coffman told Colorado Community Media. Coffman’s 6th Congressional District is pri-marily made up of Aurora, Centennial, High-lands Ranch and Littleton.

“Workers lost their jobs right before the holidays and it’s unfortunate for taxpayers who foot the bill and the veterans who earned health-care benefi ts that this hospital is need-ed to deliver.”

The day after the appeals board ruling was handed down, Coffman and every other member of Colorado’s congressional delega-tion attached their signatures to a letter to VA offi cials and higher-ups at Kiewit-Turner, urging the two to come together to fi nd a so-lution.

“We are deeply concerned about this situation and urge VA and KT to immediately

negotiate a path forward for this project,” the letter reads.

In the letter, the elected offi cials urged, “in the strongest terms possible,” for the negotia-tions to result in a modifi ed contract that will allow construction to continue for 60 days while a long-term contract is worked out.

Any long-term contract will be handled by the Army Corps of Engineers, rather than the VA. That’s because on Dec. 11, the VA agreed to hand over construction oversight on the Au-rora project to the Corps.

The next day, Coffman announced that he will introduce legislation to strip away the VA’s authority to manage all future construction projects.

Coffman cited a Government Account-ability Offi ce report that shows VA projects in four cities, including Aurora, to be hundreds of millions of dollars over budget and almost three years behind schedule.

“Really, this is a pattern of total misman-agement by the VA in major construction projects,” Coffman said.

Democratic Congressman Ed Perlmut-ter said in an emailed statement that the VA wanted a $1 billion medical center, but “the project was never redesigned to fi t” the near-$600 million contract budget.

“There has been a serious dispute between the VA and the prime contractor for too long,” Perlmutter said.

DA drops burglary charges against woman Donna Gregory cleared of any wrongdoing By Chris Michlewicz [email protected]

All charges were dropped against a wom-an arrested in connection with the burglary of her grandparents’ Parker home.

The 18th Judicial District Attorney’s Offi ce asked Douglas County Court Judge Susanna Meissner-Cutler to dismiss the case against Donna Gregory, 18, after investigators did not fi nd enough evidence to ensure “success at trial,” said Brian Eckhardt, deputy district attorney.

Kathy Maguire, Gregory’s public defender, slammed the investigation during a Dec. 11 hearing at the Douglas County Justice Center in Castle Rock. She said the charges were the result of statements by one suspect, Timothy Jayne, an ex-boyfriend who said Gregory took part in the alleged crime.

“There actually was zero evidence that she had contact with Mr. Jayne,” Maguire said. “This investigation was tainted.”

Sgt. Ron Hanavan, public information of-fi cer for the Douglas County Sheriff’s Offi ce,

said detectives took the correct action.“We completed a thorough investigation

and based on the totality of the information gathered throughout the investigation, and probable cause, the appropriate judicial pro-cess was followed,” Hanavan said.

Criminal cases against the three men ar-rested for their alleged roles in the burglary — Jayne, Dalton Evans and Holden Verdos — will continue. Michelle Yi, spokeswoman for the district attorney’s offi ce, declined com-ment because “we don’t want to compromise those cases.”

Maguire said Jayne was “led” by investiga-tors to make statements implicating Gregory, prompting police to label her as the “master-mind.” Gregory’s grandparents, the alleged victims of the burglary, took out a restraining order against their granddaughter based on the police investigation, Maguire said.

Gregory later passed a polygraph test, Ma-guire noted.

Jayne, Evans and Verdos are still in cus-tody, but Gregory posted a $45,000 bond shortly after her arrest in late September and has remained free since.

Investigators will return Gregory’s cell phone and clothes to her, and Meissner-Cut-ler said Gregory can call the Colorado Bureau of Investigation to have them destroy a DNA sample taken during the investigation.


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VA catches heat for hospital dispute Coffman cited a Government Account-

ability Offi ce report that shows VA projects in four cities, including Aurora, to be hundreds of millions of dollars over budget and almost three years behind schedule.

“Really, this is a pattern of total misman-agement by the VA in major construction projects,” Coffman said.

Democratic Congressman Ed Perlmut-ter said in an emailed statement that the VA wanted a $1 billion medical center, but “the project was never redesigned to fi t” the near-$600 million contract budget.

“There has been a serious dispute between the VA and the prime contractor for too long,” Perlmutter said.

DA drops burglary charges against woman said detectives took the correct action.

“We completed a thorough investigation and based on the totality of the information gathered throughout the investigation, and probable cause, the appropriate judicial pro-cess was followed,” Hanavan said.

Criminal cases against the three men ar-rested for their alleged roles in the burglary — Jayne, Dalton Evans and Holden Verdos — will continue. Michelle Yi, spokeswoman for the district attorney’s offi ce, declined com-ment because “we don’t want to compromise those cases.”

Maguire said Jayne was “led” by investiga-tors to make statements implicating Gregory, prompting police to label her as the “master-mind.” Gregory’s grandparents, the alleged victims of the burglary, took out a restraining order against their granddaughter based on the police investigation, Maguire said.

Gregory later passed a polygraph test, Ma-guire noted.

Jayne, Evans and Verdos are still in cus-tody, but Gregory posted a $45,000 bond shortly after her arrest in late September and has remained free since.

Investigators will return Gregory’s cell phone and clothes to her, and Meissner-Cut-ler said Gregory can call the Colorado Bureau of Investigation to have them destroy a DNA sample taken during the investigation.


6

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Options? Thankfully, advance-ments in science and tech-nology come extremely fast. And now there is a very good option for knee arthritis to help relieve the pain. An option that a lot of knee arthritis suffer-ers have never heard of...and even worse... have not been properly informed about. Before we get into the actual treatment, please understand this... Osteo Relief Institute is a real medical clinic that has treated thousands of knee arthritis suffer-ers. Patients travel from all over the country to be treated at their clinic be-cause they want the best medical treatments avail-able. What you are about to discover is a REAL medi-cal treatment. Not a mira-cle cure you see on info-mercials or on the internet. Know this fact: There is no cure for arthritis. But there is this treatment that... when performed correctly and with the proper technology... has already helped thousands

Advanced Imaging Allows Doctors To Pin-Point Treatments And Relieve Knee Arthritis Pain

Science rescues knee arthritis sufferers? Research shows joint injections done without advanced imaging misses the joint about 30% of the time. Now doctors can put lubricating fluid directly into the arthritic joint that may alleviate pain and restore function to many.

HOW IT WORKS: With The Proper Advanced Imaging And Technology Joint Cushioning and Lubricating Medication is Placed Precisely In The Arthritic Knee Joint To Relieve Stiffness And Pain

of knee arthritis sufferers - possibly just like you. Even if you have heard of this treatment - or even tried it without good re-sults - please read this. You will find out why it may not have worked for you and how you may be able to get much better re-sults.

What is ThisTreatment?

This treatment is called viscosupplementation. And it has gained quite a bit of popularity in recent years and it has gotten mixed results for a couple of reasons. But before we get into that, here’s what you need to know about viscosup-plementation. When you have arthritis, you suffer a decrease in the cushioning and lubricating fluids in your knee. In oth-er words, your knee joint basically “dries up.” The lubricating fluid that decreases is called “synovial fluid.” Pharmaceutical com-panies (with the help of scientists) can now make natural synovial fluid gel-like compounds that, dur-ing viscosupplementation treatments...doctors can precisely introduce direct-ly into the knee and other joints. This helps replace the lu-bricating fluid to the knee joint - allowing it to move more freely and smoothly and often decreasing or even eliminating the pain.

What ResultsCan Be

Expected? Like all medical treat-ments, the results vary and can not be predicted. But many knee arthritis suffer-ers get dramatic results. It is not uncommon for pa-tients to either postpone knee replacement surgery for years... or even perma-nently cancel it.

But There Is A BIGProblem

The key is the treatment must be EXTREMELY PRECISE. If the injection is slightly off, the medica-tion will not get into the knee joint and the treat-ment will not work. That’s why the experts at Osteo Relief Institute use advanced digital im-aging so they can see the medicine going directly into the knee joint during the treatment. Research shows that doctors performing joint injections without imaging miss the joint as much as 30% of the time. If you have tried visco-supplementation without this special digital imaging without good results - this may be why. That’s why Osteo Relief Institute takes it even one step further. They do not just use one step process of advanced imaging during treatment - they use two in their “double confirma-tion” process. This is to ensure patients get the best possible results.

AnotherImportant

Factor Viscosupplementation medications also come in several different brands and chemical make-ups. Just like all medications, some people respond bet-ter to some than others. While many doctors only use one brand, the experts at Osteo Relief Institute use several and great effort is taken to figure out what the best one for YOU is. One last thing: The experts at Osteo Relief In-stitute have found that the earlier you start Viscosup-plementation the better. This is most likely be-cause the longer you wait - the more joint destruction takes place. That’s why Osteo Relief

is now seeing so many pa-tients as young as 45. Summary: If you have knee arthritis pain and have not tried Viscosup-plementation, you should look into it as soon as pos-sible. If you have tried it with-out good results, you may still be able to get great results with the proper im-aging and specific medica-tion

Who Should Try This

Treatment? Not everyone is a can-didate for this treatment. But if you are, there is a good chance you may re-lieve some... or possibly all of your pain. You are a potential candidate for this treat-ment if you have knee pain and have not gotten good results from anti-inflammatory medication or other common arthritis treatments. Especially if you have already tried viscosupple-mentation without good results. The best way to tell if you are a good candi-date for this treatment is to be screened by one of

the doctors at Colorado Springs, CO.

What To Do NextIf You Are In Pain:

Your Invitation Osteo Relief Institute offers a limited number of complimentary knee arthritis treatment screen-ings every month. These screenings are a way for knee arthritis sufferers to get some of their ques-tions answered and see if they are a candidate for this treatment. If you would like a complimen-tary screening, just call 719-323-6612 and tell the scheduling specialist who answers the phone, “I would like a complimen-tary knee arthritis screen-ing.” The screenings fill up fast every month. If you do not call in time to get one this month, the spe-cialist will schedule you for next month. This screening is no cost and no obligation. This treatment is cov-ered by many insurance plans and Medicare.

WARNING: This Treatment Can Fail When Done Without This Advanced Imaging

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ClubsPARKER SCOTTISH Country Dance meets from 7-9 p.m. Thursdays at Parker Mainstreet Center, 19650 E. Mainstreet. The cost is $4 per class. Call Sam Reynolds at 303-805-1446 or [email protected].

THE PARKER Sunrise Lions Club is a service club that supports the Parker community. Meetings are at 7 a.m. the �rst and third Wednesdays of each month at Fika Co�ee House on Mainstreet, in the old section of Parker. Join us. We have fun while doing good. For information, contact Lonnie Farmer at 303-841-3332.

PARKER TOASTMASTERS Club “Where Leaders Are Made” meets from 7-8 p.m. every Thursday in Room 206 on the second �oor at Southeast Christian Church, 9560 Jordan Road, Parker. Club is open to all. For information, visit www.parkertoastmasters.com, or call Eric Dunham at 303-386-6119.

PARKER WRITERS Group memberships and monthly workshops are free and open to anyone interested in writing. Our members range from new writers to internationally published authors. The group meets from 2-4 p.m. the second Sunday of each month at the Parker Library, 10851 S. Crossroads Drive, Parker. Go to www.parkerwritersgroup.org or contact [email protected] for event details.

THE SOUTH East Beekeeping Club. This Beekeep-ing Club meets the �rst Wednesday of every month at the North Pinery Firehouse, Parker, at 6:30-8:30 p.m. We welcome all levels of beekeeping from no-bees to wanna-bees to tons of bees. Our meeting time is spent solving beekeeping challenges, networking and refreshments. There is no fee for this meeting and a lending library is available. The South East Beekeeping Club was formerly called the High Prairie Bee Club. For more information, call Louise at 303 840 7184.

TEEN LIBRARY Council. Douglas County Libraries’ teen groups meet monthly to help plan events, weigh in on library materi-als and serve the library community. Members earn community service hours toward graduation requirements. For information about a group at a library in your area, call 303-791-7323 or visit with a youth librarian.

VFW POST 4266, of Parker and East Douglas County, meets at 7 p.m. every third Monday at South Metro Fire Station No. 43, 8170 N. Hillcrest Way, Parker. Visit http://www.vfwpost4266.org.

WOODWORKING CLUB meets at 7 p.m. every third Thursday at Wood-n-U, 10510 S. Progress Way, No. 100 in Parker. Call 720-851-4222.

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OPINIONY O U R S & O U R S

It’s time for a holiday from the holidays Where did Christmas go? And when?I wonder if home-shopping channels

had anything to do with it. They start advertising Christmas merchandise in September.

And I begin to see Santa snowboarding on a Norelco in November.

Christmas used to be a day, and then it was a few days. It was a few days of shopping and anticipation, and now it’s a season.

I am not here to humbug it: I just want to know when it all changed. And it has all changed, at least for me.

If you are half my age, Christmases that start in September are all you know.

Christmas has become a monster, really. It bares its red and green teeth on the day after Thanksgiving, the most heinous day of the year.

Some families make Black Friday an annual event. Line up in the night, and scramble into stores when they open.

I would lose my mind. I am uncomfort-able around people to begin with, and being around a lot of them with that intent would be unbearable.

And it all starts to go back the day after Christmas.

I don’t understand. But I don’t under-stand a lot of things. Why anyone would watch reruns of “Murphy Brown,” unless they lost a bet.

I have a friend who couldn’t be happier that Christmas music is played in Novem-ber, and I am sure that I offend him when I say that it is criminal.

Every year he reads “A Christmas Carol.”

That’s good. Dickens was brilliant. I sent my friend a copy of the book, printed in the 19th century.

That seems like a wonderful tradition. I think we all know the story, but we forget the wording, which is clever and descrip-tive and unlike any other wording in literature.

(By the way, “What the dickens?” and similar phrases, do not refer to Charles Dickens. Answer below.)

My parents kept all of our Christmas decorations in a great big box. The box went with us from Michigan to Pennsylva-nia, California, Ohio, Tennessee and back to Michigan.

Every year we got it out. The colorful cardboard boxes that the tree lights were in preserved the unmistakable smell of ac-cumulated years.

Eventually, in my 50s, I petitioned to avoid Christmas travel, and it was ap-proved.

Flying back and forth that week was never fun. I sometimes wound up spend-ing the night in airports or in airport hotels.

In 1955 all I had to do was walk down-

stairs.We were living near Uniontown, Pa.

My father was selling Buicks. There was a Christmas parade. The four of us were in a Buick convertible. Santa was in the back seat.

He was.He waved to the crowd, which wasn’t

very crowded, and threw candy canes at people. He didn’t have much of an arm.

When we reached the end, and it was time to go home, Santa asked my father for a ride.

I leaned forward to hear the address, thinking that it might be Canada at the very least and that we were in for a long night.

Santa lived a few blocks from us.There was nothing special about his

house. I didn’t see a single elf or a single reindeer.

I began to have doubts.Now I have doubts about other things.

We are smothered with covenants out here — that generally, now, go unchecked — but there are no aesthetic covenants when it comes to exterior Christmas decor.

I guess that’s OK. I look at it this way: The kids in those houses don’t know aesthetics from tinsel yet, but they know colorful lights, and maybe they know great expectations.

“Dickens” is a euphemism for the devil.I drink eggnog.

Craig Marshall Smith is an artist, educator and Highlands Ranch resident. He can be reached at [email protected].

Set alarm, and set out on right path The early bird catches the worm … and

some pretty incredible sunrises here in Colorado too, wouldn’t you agree? I mean is it just me or have the sunrises been even more spectacular lately?

Many years ago I was listening to one of my motivational programs by Zig Ziglar. And during one of the segments Zig talked about the discipline of waking up early as a key element of success. As a matter of fact, I recently read an article on the topic of suc-cess that underscored that very concept. The consistent behavior amongst some of the world’s most successful people is to wake up early.

And it’s not just about waking up early, it’s really about what we do with that extra time that we give ourselves. As I remem-bered Zig’s program and as I associated his message with some of the ideas shared in the above mentioned article, here are some of the ways that successful people use their special early morning time:

• Reading (mind) — committing dedi-

cated time to reading something that will expand our knowledge base. It could be the Bible, a devotional book, an industry maga-zine, a business book, biography, or even the newspaper. Staying current on local issues, national news, and global information helps keep us well-informed and in a better posi-tion to engage in meaningful conversations with others. Zig Ziglar used to start each day reading the Bible and the newspaper and would say, “This way I know what both sides are up to.”

• Physical fi tness (body) — too often we

have the best of intentions to include some form of exercise into each day only to run out of minutes and hours or have other priorities trump our desire to work out. And as our busy-ness escalates, the excuse to dis-miss or blow off or physical fi tness becomes easier and easier. Now, many people are ex-tremely disciplined and get their workout in at a regularly schedule time later in the day, and for those committed individuals they can use the extra morning time for reading or meditation and prayer time.

• Meditation or prayer time (spirit) — spending a portion of the early morning refl ecting on our families, our work, and other important relationships, or just sitting in silence, quieting our minds and allowing our emotions and energy to come together in a moment of meditation or prayer. Wak-ing early with the intent of spending some peaceful time within our favorite spot in our home or with Mother Nature also helps

Norton continues on Page 12


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Hit the Silk Road at Denver museum Interactive exhibit takes visitors on trip in ancient world By Sonya Ellingboe [email protected]

Look for a couple of life-sized Bac-trian camels and perhaps several enac-tors in exotic costumes (Kang Baobi,Ma Amri, Shi Dara and more) … You’ll know you have arrived at the “Travel-ing the Silk Road” exhibit at the Denver Museum of Nature & Science (through May 3, 2015).

The colorful interactive exhibit, which originated with the American Museum of Natural History in New York, in collaboration with museums in Italy, Singapore, Australia and Taiwan, takes visitors on a trip that once in-volved 5,700 miles over deserts, moun-tains and through five major cities of the time — or across sometimes stormy seas.

It really wasn’t a single road, but a complex network of routes between the Far East and Eastern Europe. Some traces remain today.

Trade goods included gold, art, glass, fur, wines, spices, dyes and silk.

A huge Tang-era loom shows how silk was woven and a display tells us about the carefully cultivated silk worms.

The journey begins in Xian, the im-perial city of the Tang Dynasty (A.D. 618-907) — the largest city in the world at that time.

In addition to the giant loom, one can handle and play individual musi-cal instruments, or a group might try to create music — and find a camel cara-van to join.

The second stop is the important

market town, Turfan, a central Asian oasis between the Gobi and Talikmakan deserts.

A recreation of a night market offers gems, silks, leopard furs and peacock feathers and fragrant perfumes and spices. (Look for a take-home recipe card here.) The city also had vineyards and a complicated irrigation system, which is reproduced.

Next destination is Samarkand, lo-cated in today’s Uzbekistan, a major trading center for caravan merchants. It was also a center for paper-making and metalwork.

Families will enjoy an interactive map here, as well as historic paper ob-jects and an ancient Persian coin.

Baghdad, now in Iraq, is the next stop on the route.

Museum material says that it was “a hub of commerce and learning,” a major attraction for intellectuals about A.D. 800 due to a library and translation institute.

There is also a model of a 71-foot-long Arab dhow, capable of moving large, heavy goods, and a model of an ancient Islamic astrolab.

The art of glass-blowing also reached new heights here.

Finally, the imaginary journey reach-es Constantinople, now Istanbul, which was a port, heavily fortified and a major destination for traders.

A display of “objects of desire” from the DMNS collection shows many lux-ury items that appeared in Constanti-nople.

IF YOU GOThe Denver Museum of Nature & Science is at 2001

Colorado Blvd., Denver. It is open every day from 9 a.m.

to 5 p.m. except Christmas. Information and tickets:

303-370-6000, dmns.org/traveling-the-silk-road.

Returning magic, wonder to Christmas Santa Experience creates lifelong memories for families By Chris Michlewicz [email protected]

Ebony Atencio was tired of standing in line with her fussy children only to wit-ness brief, impersonal visits with a shop-ping mall Santa Claus.

“It’s so important to the children,” the Parker resident said. “They’ve waited for this so long, and to only get 30 seconds with Santa is just not enough.”

Atencio, the mother of nine children, decided to do something about it. Along with her photographer husband, Atencio devised a plan to return the magic and wonder to Christmas. The couple and their eldest children spent the last few months converting a former jazzercise studio near South Parker Road and Plaza Drive into Santa’s house. They opened the Santa Experience last month to much fanfare.

When families enter, they are greeted by Mrs. Claus, played by Atencio’s grand-mother. The cozy room is decorated with a fireplace, Christmas tree and twinkling lights, and the children are treated to sto-ries about Kris Kringle. Reindeer antlers protrude over the door of a nearby stable, one that’s just tall enough to leave an ele-ment of mystery.

Frankie Sanchez, a father of three from Aurora, brought his 6-year-old daughter and 11-year-old son to the Santa Experi-ence and was shocked by how authen-tic everything looked. His daughter was thrilled by the opportunity to feed Ru-dolph.

“My youngest one, she was just amazed,” he said. “She thought she was at the North Pole.”

The kids peruse toy catalogs and cre-ate a Christmas wish list. They then have the chance to shop for relatives and

friends in a miniature store. Everything in the store is under $2. It empowers the children and reinforces the giving spirit of Christmas, Atencio said.

The best part is saved for last. Atencio times out the visits so each family gets one-on-one time with Santa Claus. San-chez said his family was the first to ar-rive and got 10 minutes to converse with Santa. Pictures are taken, as is standard practice, but the Santa Experience reach-es beyond still shots.

“After the pictures are taken, we switch the camera to video mode. There is a mi-crophone in there that captures them telling Santa what they want for Christ-mas,” Atencio said. “My hope is just that they have this heirloom for many years that captures their sweet little voices. It’s so cute to hear what they say.”

That idea was inspired by Atencio’s daughter, who uttered something ador-able to a disinterested mall Santa two years ago.

“I said, `Oh I wish I had that on video!’ ” she said.

The photos and video are emailed to customers, making it easy to share the moments with loved ones on social me-dia. Sanchez ordered the photos and vid-eo, taking advantage of a Groupon deal.

Atencio’s youngest children, who were kept from helping to transform the 1,600-square-foot space, were the first to test out the Santa Experience. The owners knew they were on to something special when their kids excitedly talked about the visit for days after. The family plans to re-open each year, albeit in a different spot.

Sanchez praised the personal touch and said he loves that the Santa Experi-ence is local.

“You don’t have to go to the mall with the huge lines,” he said.

The Santa Experience is open from 4 to 8 p.m. Tuesday through Friday and 11 a.m.-6 p.m. on Saturdays and Sundays. The cost is $15 per child; videos with Santa are an additional $25 for the entire family. For more information, go to www.santaexperience.us.

In its � rst year, the Santa Experience has � lled dozens of local families with Christmas wonder by guiding tours of a replica of Santa’s house in a retail center on the northwest corner of South Parker Road and Plaza Drive. Courtesy photo


10

Holidaydddddddddddayddaydayw o r s h i p

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Worship Times:12/24 -- Christmas Eve 4:00, 6:00, and 8:00 p.m.

12/25 -- Christmas Day 10:00 a.m.

Visit us on the web at:www.tlcas.org

TRINITYLUTHERAN

CHURCH4740 N Hwy 83Franktown, CO(303) 841-4660

for unto us a child is born.

Trinity Lutheran Church and Schoolinvites you to celebrate the

Christ in Christmas!

Happy Birthday Jesus!Carols, Communion & Candlelight at all services

1:00pm & 3:00pmChildren’s and Family Service

5:00pm & 7:00pmContemporary Service| Crossroads Band

9:00pmService of Lessons & Carols | Celebration Choir

Child care available at all servicesCome and join the joy & wonder of Christmas at one of our Christmas Eve Services on December 24, 2014.

Christ Lutheran Church8997 S Broadway | Highlands Ranch, CO 80129

www.clchr.org | 303-791-0803

Candlelight Communion Christmas Eve ServiceWednesday, Dec. 24, 5:30 p.m.

Celebrate God’s Gift to Us

A Church for All Generations

GracePointC O M M U N I T Y C H U R C H

303.798.6387www.gracepointcc.us

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GRACEPOINT COMMUNITY CHURCH90 E. Orchard Rd., Littleton

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A well-staffed nursery is always available

GracePointC O M M U N I T Y C H U R C H

Christmas Day ServiceThursday

Dec. 25 @ 10:00 amWord, Carols and Eucharist

accompanied bystring quartet

Advent Season WorshipWednesdays

Dec. 3, 10, 17 @ 7:00 pm

Christmas Eve Dec. 24 4:00 pm for families 6:00 pm |8:00 pm

9300 E. Belleview Ave.Greenwood Village, CO

303.770.9300

Details online at CherryHills.comDetails online at

Candle lighting at all servicesCandle lighting at all services

Tuesday, December 235:00 and 7:00 p.m.

Wednesday, December 242:00, 4:30 and 7:00 p.m.


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11805 S. Pine Dr. - Parker303.841.3979 - parkerumc.org

ALL ARE WELCOME!

Parker United Methodist Church

Christmas Eve ServicesALL SERVICES HAVE CAROLS & CANDLELIGHTS2 pm and 4 pm: Especially for Children. Celebrate between these services at 3 pm with a Happy Birthday Jesus party. We’ll have fun crafts and yummy Christmas treats!6 pm and 8 pm: Telling the Christmas story through scriptures and carols. They include choirs, soloists and hand bells.10 pm: Holy Communion service.

Christmas Eve Service: 5 p.m.

Located at DCS Montessori School311 Castle Pines ParkwayCastle Pines, CO 80108

720.290.5897 • [email protected]

wello�opechurch.orgCome with questions. Come as you are.

Sunday Service: 10 a.m.Christmas Eve Service: 5 p.m.Christmas Eve Service: 5 p.m.Christmas Eve Service: 5 p.m.Christmas Eve Service: 5 p.m.Christmas Eve Service: 5 p.m.Christmas Eve Service: 5 p.m.Christmas Eve Service: 5 p.m.Christmas Eve Service: 5 p.m.Christmas Eve Service: 5 p.m.Christmas Eve Service: 5 p.m.Christmas Eve Service: 5 p.m.Christmas Eve Service: 5 p.m.Christmas Eve Service: 5 p.m.Christmas Eve Service: 5 p.m.Christmas Eve Service: 5 p.m.Christmas Eve Service: 5 p.m.Christmas Eve Service: 5 p.m.Christmas Eve Service: 5 p.m.Christmas Eve Service: 5 p.m.Christmas Eve Service: 5 p.m.Christmas Eve Service: 5 p.m.Christmas Eve Service: 5 p.m.Christmas Eve Service: 5 p.m.Christmas Eve Service: 5 p.m.Christmas Eve Service: 5 p.m.Christmas Eve Service: 5 p.m.Christmas Eve Service: 5 p.m.

Got Hope? Scan to learn more.

A home where all are welcome.

CHRISTMAS EVE SERVICESCHILDREN’S: 1:00 & 3:00pm

TRADITIONAL: 5:00 & 7:00pm COMMUNION: 9:00pm

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St. Luke’s United Methodist Church8817 S. Broadway • Highlands Ranch 80129

Sunday Services10:30AM

Candlelight Christmas Eve Service December 24, 2014 at 6:30PM


Candlelight Christmas Eve ServiceDecember 24, 2014 at 6:30PM


Candlelight Christmas Eve Service December 24, 2014 at 6:30PM

Love God, Love Others, and Make a Difference… A Church that is warm, worshipful, and centered in God’s word.

Love God, Love Others, and Make a Difference…Love God, Love Others, and Make a Difference…

4825 N. Crowfoot Valley Road • Castle Rock, CO 80108Phone: 303-663-5751 • www.CanyonsCC.org

Family oriented 5:00 p.m. Traditional 7:00 p.m. Communion 9:00 p.m. Childcare Available.

Christmas Eve Services @ United Church of Christ Parker Hilltop

“You Are Welcome Here” 10926 E. DEMOCRAT RD Corner of Flintwood and Democrat Rd. www.uccparkerhilltop.org

Creekside Bible Church invites you to celebrate the birth of our Savior, Jesus Christ, with us!



Wednesday, December 24th, 3:00 & 5:00 p.m.“Hope Comes Alive”

(Childcare provided for ages five and under)

-Living Nativity prior to each service-

CANDLELIGHT CHRISTMAS EVE SERVICES

2180 S. Interstate 25 | Castle Rock, CO 80104 www.creeksidebible.com | 303-688-3745

Come Celebrate our Lords Birth!

JOHN FIELDERColorado slide-show, book sale,

& signing Dec. 12th 2014 @ 7 PM

CHRISTMAS CANTATADec. 14th @ 8 and 10:30 AM

CANDLELIGHT SERVICE Family Christmas Eve Service

Dec. 24th @ 4 PM

CANDLELIGHT SERVICEDec. 24th @ 7 and 9 PM.

JoyLUTHERAN CHURCH, ELCA

7051 East Parker Hills Ct., Parker, CO • 303-841-3739 • www.joylutheran-parker.org

Holy Communion at all Services.

SeasonSeasoncelebrate

SeasonSeasonthe

Season


12

Photo taken along East Plum Creek in Castle Rock.

Community Media of Colorado agrees: Please recycle this newspaperresponsibly and partner with our communities for a better tomorrow.

Ad campaign creative donated by the Town of Castle Rock

Utilities Department, Stormwater Division.

Our streams want to say thanks for giving them a gift this year.

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Nortonus to tap into our creativity as we generate thoughts and ideas for our day.

I can tell you firsthand that the benefits of waking early far outweigh the perceived need to sleep in for a couple of extra hours. The feeling of readiness and accomplishment feeds the positivity engine and our productiv-ity and effectiveness in everything increases. So if you have not seen many sunrises lately I would encourage you to set your alarm clocks, turn on the coffeepot or heat up the teakettle, and allow yourself to settle in and

enjoy the mind, body, spirit, “YOU” time that is long overdue.

How about you, have you been up early enough to watch in amazement as the sun in the east kisses our snow-capped mountain peaks in the west? Do you set aside “YOU” time and have you tried giving yourself that time before anyone else wakes up in your home? I would love to hear all about your routine at [email protected], and when we start enjoying the benefits of being an early riser, not only will we catch the worm, but it really will be a better than good week.

Michael Norton is a resident of Castle Rock, the former president of the Zig Ziglar Corpora-tion, a strategic consultant and a business and personal coach.


13

Advertise: 303-566-4100OurColoradoClassifieds.com

For local news any time of day, find your community online at

ColoradoCommunityMedia.com

Federal Programs DirectorResponsibilities- To provide quality leadership, supervision, and manage-ment of all Federal Programs and activities including ESEA (Title I, Title II,and Title III) and Perkins. To monitor and advise member districts in mat-ters that relate to compliance with Federal regulations. To write the Feder-al Consolidated Application, Perkins Application and create alignedbudgets, including focused professional development for member districts.

Qualifications/Standards - Possess the Teacher/Principal License required by the Colorado Department of Education. Possess a M.A. degree in an Educational field. Demonstrate grant and project writing skills. Demonstrate training, supervision and staff evaluation skills. Preferred two years’ experience as a principal, coordinator or program director with responsibilities in planning, budgeting, evaluating, and implementing Federal Programs (Title I, Title II, and Title III). Specific Skills, Experience, Other Requirements - Serve as liaison to Colorado Department of Education Federal Programs Unit in all mattersconcerning Federal Programs.

Oversee Federal Programs to ensure compliance and implementation. Grant writing, budget management, and designing professional development, including implementation and evaluation. Ability to work closely and collaboratively with individuals and variousgroups.

Employment Terms / Salary Range - Contract is for 241 days Minimum salary of $60,000. Salary is negotiable and commensurate withqualifications and experience. ECBOCES also offers a generous benefitpackage.

Application Process / Requirements - To be considered an applicantyou will need to provide a cover letter, professional resume, completedapplication, copy of current license, and three current letters of recom-mendation. The cover letter must detail why your qualifications wouldmatch the standards for this position. Application can be found on ourwebsite – ecboces.org.

Application Deadline - January 9, 2015Interviews will be January 22, 2015Employment Start Date: July 1, 2015Submit Application Materials to:

Don Anderson, Executive DirectorEast Central BOCES

P.O. Box 910, 820 Second Street Limon, CO 80828719-775-2342 extension 116 or email at [email protected]

East Central BOCES does not unlawfully discriminate on the basis of race,color, religion, national origin, sex, age, or disabilities in admission or ac-cess to, or treatment or employment in its educational programs or activit-

ies. Inquiries regarding East Central BOCES compliance with Title IX,Section 504, Title VI, Title VII, American Disabilities Act – 1990, and Af-firmative Action may be referred to the Equal Opportunity Affirmative Ac-tion Compliance Office for East Central BOCES, P.O. 910, 820 Second

Street, Limon Colorado, 80828.

CAREERS

Help Wanted

Itinerant Part-Time School SocialWorker, EC BOCES west areaschool districts - Grades Pre-12.Must have or be eligible for appro-priate Colorado licensure. Salarybased on experience. Exc bene.Access to company vehicle ormileage reimb. To apply for this po-sition, please complete the Certi-fied Application for Employmentavailable for download on our web-site @ecboces.org, under Employ-ment Opportunities. Questions con-tact Tracy at (719) 775-2342, ext.101. Please fax completed applica-tion and supporting documents, in-cluding resume, to (719) 775-9714or email [email protected].

REAL ESTATE

RENTALS

Commercial Property/Rent

Office WarehouseFor Lease in Elizabeth

2,907 Sq.Ft.Large O/H Door3 Phase Electric

Cheap!Call 303-688-2497

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DrywallServing Your Area

Since 1974303-841-3087 303-898-9868

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Colorado Community Media was created to connect you to 22 community papers with

boundless opportunity and rewards.

Funded in part through a cooperative agreement with the U.S. Small Business Administration.

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Business Startup Assistance

The South Metro Small Business

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SEMINARS


Cheer

WHAT'S HAPPENING THIS WEEK? Want to know what clubs, art exhibits, meetings and cultural events are happening in your area and the areas around

you? Visit our website at www.coloradocommunitymedia.com/calendar.

Despite the team’s overall youth, the Cardinals placed 22nd this year out of 35 teams, moving up two spots from last year’s 24th-place finish and scoring 68 points out of a possible 100.

The competition in 4A was tight with tenths of points determining rankings and five points separating 22nd place from a ninth-place finish. In the finals, Glenwood springs edged out Valor Christian to earn the title of 4A cheer state champions with a total score of 89.125.

Following the performance, a smiling Rothe ex-pressed her satisfaction with the squad’s performance. “They definitely did their best,” she said.

CHSSA rules dictate that each squad is scored as a team so that no individual performance can swing the score.

In the cheer category, judging is based on compo-nents from two areas, the cheer section and the music section.

Judges score the music section based on the difficulty of stunts such as pyramids, tumbling and jumps in addi-tion to the squad’s execution of them.

The score in the cheer section of the routine is based on the squad’s ability to lead the crowd using signs, pompons and/or megaphones.

The Colorado High School Activities Association (CHSAA) is the state’s governing body for high school sports and activities consisting of 343 public, private and charter schools.

CHSAA sponsors championships in 27 sports and events and counts 58 percent of Colorado’s high school students as participants in its activities.


14

NoticesPublic NoticesPublic NoticesPublic NoticesPublic NoticesPublic NoticesTo advertise your public notices call 303-566-4100

Public NoticesPublic NoticesPublic NoticesPublic NoticesPublic NoticesPublic NoticesPublic NoticesPublic NoticesPublic NoticesPublic NoticesNotice To Creditors

PUBLIC NOTICE

NOTICE TO CREDITORSEstate of RALPH GORDON FENNELL,aka RALPH G. FENNELL, Deceased

Case Number: 14PR30029

All persons having claims against theabove-named estate are required topresent them to the Personal Represent-ative or to the District Court of ElbertCounty, Colorado on or before April 6,2015 or the claims may be forever barred.

Star Roberta FennellPersonal Representative46155 Black SpruceParker, CO 80136

Legal Notice No: 23120First Publication: December 4, 2014Last Publication: December 18, 2014Publisher: Elbert County News

Misc. Private Legals PUBLIC NOTICE

COMBINED NOTICE OF SHERIFF’SSALE 2013CV30CRS §38-38-103

FORECLOSURE SALE NO.14-0100 :

Original Grantor(s): RCI DevelopmentPartners, Inc., a Colorado CorporationOriginal Beneficiary(ies): New FrontierBankCurrent Holder of Evidence of Debt:2010-1 RADC/CADC Venture, LLC, aDelaware limited liabilitycompanyDate of Deed of Trust: 3/18/2009County of Recording: ElbertRecording Date of Deed of Trust:4/23/2009Recording Information (ReceptionNumber and/or Book/Page Number):501363Book: 710 Page: 813Original Principal Amount: $12,643,868.55O u t s t a n d i n g P r i n c i p a l B a l a n c e :$ 1 2 , 6 4 3 , 8 6 8 . 5 5

Pursuant to CRS §38-38-101(4)(1), youare hereby notified that the covenants ofthe deed of trust have been violated asfollows: failure to pay principal and in-terest when due together with all otherpayments provided for in the evidence ofdebt secured by the deed of trust and oth-er violations thereof.

THE LIEN FORECLOSED MAY NOT BEA FIRST LIEN.See attached Exhibit A.Also known by street and number as:Elbert County Vacant Land.THE PROPERTY DESCRIBED HEREINIS ALL OF THE PROPERTY CUR-RENTLY ENCUMBERED BY THE LIENOF THE DEED OF TRUST.

NOTICE OF SALE

Notice Is Hereby Given that I will at publicauction, at 10:00am, on February 13,2015, at 751 Ute Avenue, P.O. Box 486,Kiowa, Colorado 80117, phone number:303 805-6125, sell to the highest and bestbidder for cash, the said real property andal l interest of the said Grantor(s),Grantor(s)' heirs and assigns therein, forthe purpose of paying the indebtednessprovided in said Evidence of Debt se-cured by the Deed of Trust, plus attorneys'fees, the expenses of sale and other itemsallowed by law, and will issue to the pur-chaser a Certificate of Purchase, all asprovided by law.First Publication: December 18, 2014Last Publication: January 15, 2015Name of Publication: Elbert County News

NOTICE OF RIGHTS

YOU MAY HAVE AN INTEREST IN THEREAL PROPERTY BEING FORE-CLOSED, OR HAVE CERTAIN RIGHTSOR SUFFER CERTAIN LIABILITIESPURSUANT TO COLORADO STAT-UTES AS A RESULT OF SAID FORE-CLOSURE. YOU MAY HAVE THE RIGHTTO REDEEM SAID REAL PROPERTYOR YOU MAY HAVE THE RIGHT TOCURE A DEFAULT UNDER THE DEEDOF TRUST BEING FORECLOSED. ACOPY OF SAID STATUTES, AS SUCHSTATUTES ARE PRESENTLY CONSTI-TUTED, WHICH MAY AFFECT YOURRIGHTS SHALL BE SENT WITH ALLMAILED COPIES OF THIS NOTICE.HOWEVER, YOUR RIGHTS MAY BE DE-TERMINED BY PREVIOUS STATUTES.DATE: November 14, 2014

The name, address, business telephonenumber and bar registration number of theattorney(s) representing the legal holder ofthe indebtedness is:Cristel D. Shepherd #39351Polsinelli PC 1515 Wynkoop, Suite 600,Denver, CO 80202 (303) 572-9300Attorney File # 064612-434906The Attorney above is acting as a debtcollector and is attempting to collect adebt. Any information provided may beused for that purpose.

SHAYNE HEAPSHERIFF, ELBERT COUNTYSTATE OF COLORADO

EXHIBIT AALL SECTION 25, TOWNSHIP 6 SOUTH,RANGE 65 WEST OF THE 6TH P.M.,COUNTY OF ELBERT, STATE OF COL-ORADOTOGETHER WITH ALL RIGHTS, EASE-MENTS, APPURTENANCES, ROYAL-TIES, MINERAL RIGHTS, OIL AND GASRIGHTS, CROPS, TIMBER, ALL DIVER-SION PAYMENTS OR THIRD PARTYPAYMENTS MADE TO CROP PRODU-CERS, ALL WATER AND RIPARIANRIGHTS, WELLS, DITCHES, RESER-VOIRS AND WATER STOCK AND ALLEXISTING AND FUTURE IMPROVE-MENTS, STRUCTURES, FIXTURES,AND REPLACEMENTS THAT MAYNOW, OR AT ANY TIME IN THE FU-TURE, BE PART OF THE REAL ESTATEDESCRIBED (ALL REFERRED TO ASPROPERTY).

Legal Notice No.: 231105First Publication: December 18, 2014Last Publication: January 15, 2015Publisher: The Elbert County News

Public Notice

DISTRICT COURT,WATER DIVISION 1, COLORADO

NOVEMBER 2014 WATER RESUMEPUBLICATION

TO: ALL PERSONS INTERESTEDIN WATER APPLICATIONS

IN WATER DIV. 1

Pursuant to C.R.S. 37-92-302, you are no-tified that the following is a resume of allwater right applications and certainamendments filed in the Office of the Wa-ter Clerk during the month of NOVEM-BER 2014 for each County affected.

14CW3142, Longhorn Circle, LLC, 1626Thatch Circle, Castle Rock, CO 80109(Kara N. Godbehere, Petrock & Fendel,700 17th Street, #1800, Denver, CO80202), APPLICATION FOR UNDER-GROUND WATER RIGHTS FROM NOTNONTRIBUTARY SOURCE AND FORAPPROVAL OF PLAN FOR AUGMENTA-TION, IN THE NOT NONTRIBUTARY UP-PER DAWSON AQUIFER,ELBERTCOUNTY. Subject Property: 13.1 acresbeing Lot 45A, Chisholm Amended, gen-erally located in the SW1/4SE1/4 of Sec-tion 27, T8S, R65W of the 6th P.M., asshown on Attachment A hereto ("SubjectProperty"). Applicant is the owner of theSubject Property. Source of Water Rights:The Upper Dawson aquifer is not nontribu-tary as described in Sections 37-90-103(10.7), C.R.S. Annual Amount: 5 acre-feet. Uses: Domestic, including in house,commercial, irrigation, livestock watering,fire protection, including storage, and aug-mentation purposes. Groundwater to beaugmented: 1 acre-foot per year for 100years of not nontributary Upper Dawsonaquifer groundwater as requested herein.Water rights for augmentation: Returnflows from the use of not nontributary Up-per Dawson aquifer and nontributary Lara-mie-Fox Hills aquifer groundwater de-creed in Case No. 03CW054, located inthe SE1/4SW1/4 of Section 10, T8S,R65W of the 6th P.M. Statement of planfor augmentation: The Upper Dawsonaquifer groundwater will be used for in-house use in one residence (0.35 acre-feet per year), irrigation of home lawn andgarden and trees (0.5 acre-feet per year),stockwatering of four large domestic anim-als (0.05 acre-feet), and use in a waterfeature (0.1 acre-feet). Sewage treatmentfor inhouse use will be provided by a non-evaporative septic system. Return flowsassociated with in-house use will be ap-proximately 90% of water used for thatpurpose and return flow associated with ir-rigation use will be 10% of water used forthat purpose. During pumping Applicantwill replace actual depletions to the af-fected stream system pursuant to Section37-90-137(9)(c.5), C.R.S. Depletions oc-cur to the Running Creek stream system.Return flows accrue to the South PlatteRiver stream system, and those returnflows are sufficient to replace actual de-pletions while the subject groundwater isbeing pumped. Applicant will reserve anequal amount of nontributary groundwaterdecreed in Case No. 03CW054 to meetpost pumping augmentation requirements.Further, Applicants pray that this Courtgrant the application and for such other re-lief as seems proper in the premises. (5pages).

THE WATER RIGHTS CLAIMED BYTHESE APPLICATIONS MAY AFFECTIN PRIORITY ANY WATER RIGHTSCLAIMED OR HERETOFORE ADJUDIC-ATED WITHIN THIS DIVISION ANDOWNERS OF AFFECTED RIGHTSMUST APPEAR TO OBJECT WITHINTHE TIME PROVIDED BY STATUTE ORBE FOREVER BARRED.

YOU ARE HEREBY NOTIFIED that anyparty who wishes to oppose an applica-tion, or an amended application, may filewith the Water Clerk, P. O. Box 2038,Greeley, CO 80632, a verified Statementof Opposition, setting forth facts as to whythe application should not be granted, orwhy it should be granted only in part or oncertain conditions. Such Statement of Op-position must be filed by the last day ofJANUARY 2015 (forms available onwww.courts.state.co.us or in the Clerk’soffice), and must be filed as an Originaland include $158.00 filing fee. A copy ofeach Statement of Opposition must alsobe served upon the Appl icant orApplicant’s Attorney and an affidavit orcertificate of such service of mailing shallbe filed with the Water Clerk.

Legal Notice No.: 231107First Publication: December 18, 2014Last Publication: December 18, 2014Publisher: The Elbert County News

Misc. Private Legals

Public Notice


NOVEMBER 2014 WATER RESUMEPUBLICATION


IN WATER DIV. 1


14CW3142, Longhorn Circle, LLC, 1626Thatch Circle, Castle Rock, CO 80109(Kara N. Godbehere, Petrock & Fendel,700 17th Street, #1800, Denver, CO80202), APPLICATION FOR UNDER-GROUND WATER RIGHTS FROM NOTNONTRIBUTARY SOURCE AND FORAPPROVAL OF PLAN FOR AUGMENTA-TION, IN THE NOT NONTRIBUTARY UP-PER DAWSON AQUIFER,ELBERTCOUNTY. Subject Property: 13.1 acresbeing Lot 45A, Chisholm Amended, gen-erally located in the SW1/4SE1/4 of Sec-tion 27, T8S, R65W of the 6th P.M., asshown on Attachment A hereto ("SubjectProperty"). Applicant is the owner of theSubject Property. Source of Water Rights:The Upper Dawson aquifer is not nontribu-tary as described in Sections 37-90-103(10.7), C.R.S. Annual Amount: 5 acre-feet. Uses: Domestic, including in house,commercial, irrigation, livestock watering,fire protection, including storage, and aug-mentation purposes. Groundwater to beaugmented: 1 acre-foot per year for 100years of not nontributary Upper Dawsonaquifer groundwater as requested herein.Water rights for augmentation: Returnflows from the use of not nontributary Up-per Dawson aquifer and nontributary Lara-mie-Fox Hills aquifer groundwater de-creed in Case No. 03CW054, located inthe SE1/4SW1/4 of Section 10, T8S,R65W of the 6th P.M. Statement of planfor augmentation: The Upper Dawsonaquifer groundwater will be used for in-house use in one residence (0.35 acre-feet per year), irrigation of home lawn andgarden and trees (0.5 acre-feet per year),stockwatering of four large domestic anim-als (0.05 acre-feet), and use in a waterfeature (0.1 acre-feet). Sewage treatmentfor inhouse use will be provided by a non-evaporative septic system. Return flowsassociated with in-house use will be ap-proximately 90% of water used for thatpurpose and return flow associated with ir-rigation use will be 10% of water used forthat purpose. During pumping Applicantwill replace actual depletions to the af-fected stream system pursuant to Section37-90-137(9)(c.5), C.R.S. Depletions oc-cur to the Running Creek stream system.Return flows accrue to the South PlatteRiver stream system, and those returnflows are sufficient to replace actual de-pletions while the subject groundwater isbeing pumped. Applicant will reserve anequal amount of nontributary groundwaterdecreed in Case No. 03CW054 to meetpost pumping augmentation requirements.Further, Applicants pray that this Courtgrant the application and for such other re-lief as seems proper in the premises. (5pages).




Public Notice


NOVEMBER 2014WATER RESUME PUBLICATION


IN WATER DIV. 1


13CW3026 Arapahoe County Water andWastewater Authority (“ACWWA”),East Cherry Creek Valley Water andSanitation District (“ECCV”); andUnited Water and Sanitation District(“United”), (c/o Brian M. Nazarenus,Esq., Sheela S. Stack, Esq., and SusanM. Ryan, Esq., RYLEY CARLOCK & AP-PLEWHITE, 1700 Lincoln Street, Suite3500, Denver, CO 80203, Telephone:303-863-7500, Attorneys for ACWWAand ECCV); and (c/o Tod J. Smith, Esq.,LAW OFFICE OF TOD J. SMITH, LLC,2919 Valmont Road, Suite 205, Boulder,Colorado 80301 Telephone: 303-444-4203, Attorney for United) (collectively“Applicants”). AMENDED APPLICA-TION FOR CHANGE OF WATERRIGHTS AND A PLAN FOR AUGMENTA-TION, IN ADAMS, ARAPAHOE, DEN-VER, DOUGLAS, ELBERT, LARIMER,MORGAN AND WELD COUNTIES. 2.Background and Relationship of the Ap-plicants and Applicants’ Prior Decrees andPending Cases. 2.1. Background. OnDecember 15, 2009, ACWWA, United,and ECCV entered into an Intergovern-mental Agreement (“IGA”) to provide forACWWA’s participation with ECCV andUnited in an integrated system for the di-version, accretion, collection, storage,transmission, and treatment of their waterrights. The integrated system, which isalso referred to as the Water SupplyProject or the Northern Project, is de-signed to provide ECCV and ACWWAwith a long-term, sustainable municipalwater supply for their respective serviceareas located in Arapahoe and DouglasCounties, Colorado. Maps of ACWWA’sand ECCV’s service areas are attached asExhibit 1 and Exhibit 2, respectively. Pur-suant to the IGA, United will provideACWWA with 4,400 acre-feet of con-sumptive use water that will be deliveredthrough ECCV’s water delivery facilitiesfor use within ACWWA’s service area.2.2. Decreed Components of the WaterSupply Project. The Water Court has pre-viously decreed various components ofthe Water Supply Project for ECCV andUnited’s use: 2.2.1. In Case No.02CW403, the Water Court approved aplan for augmentation (“ECCV Augmenta-tion Plan”) for ECCV’s Upper Beebe Drawwellfield (“ECCV Well Field”), as de-scribed in paragraph 15.1 of that decree.The ECCV Augmentation Plan allowed forthe addition of wells to the augmentationplan and for the use of additional sourcesof substitute supply to replace the out-of-priority depletions resulting from pumpingthe ECCV Well Field. 2.2.2. In Case Nos.02CW404 and 03CW442, the Water Courtapproved the addition of six (6) wells tothe ECCV Well Field, additional sources ofreplacement water to the ECCV Augment-at ion Plan approved in Case No.02CW403, and a recharge project in theBeebe Draw (the “Beebe Draw RechargeProject”). The Water Court also approveda plan for augmentation to replace the out-of-priority depletions created by the pump-ing of wells located on 70 Ranch (“70Ranch Augmentation Plan”) and a re-charge project on 70 Ranch (“70 RanchRecharge Project”). 2.2.3. In Case No.10CW306, the Water Court approved theACWWA Augmentation Plan, ACWWABeebe Draw Recharge Project, ACWWA70 Ranch Augmentation Plan, andACWWA 70 Ranch Recharge Project; andamended the ECCV Augmentation Plansd e c r e e d i n 0 2 C W 4 0 3 a n d02CW404/03CW442, and the Beebe DrawRecharge Project. 2.2.4. In Case Nos.11CW285 and 09CW283 the Water Courtapproved the applications of ACWWA(09CW283) and ECCV (11CW285) for theappropriative rights of exchange to as-sure delivery of water available toACWWA and ECCV’s for delivery to theirservice areas. 2.2.5. In Case Nos.10CW312 and 11CW280, the Water Courtapproved the applications for a condition-al water storage right in United ReservoirNo. 3 (ACWWA) and conditional waterstorage rights in United Reservoir No. 3,Barr Lake, and Gilcrest Reservoir as wellas an appropriative right of exchange (EC-CV). 2.3. The purpose of this applicationis to change the use of the decreed waterrights associated with shares in the Cachela Poudre Reservoir Company and theNew Cache la Poudre Irrigating Company(collectively “Subject Water Rights”) thatwere acquired by Applicants for use as asource of substitute supply for the ECCVAugmentation Plan decreed in Case No.02CW403, Beebe Draw Recharge Project,70 Ranch Augmentation Plan, 70 RanchRecharge Project, and the South PlatteRiver Exchanges adjudicated in CaseNos. 02CW404 and 03CW442. In addi-tion, the subject water rights will be usedas a source of substitute supply for the ex-changes decreed in Case Nos. 09CW283and 11CW285, as a source of substitutesupply for the plans for augmentation andrecharge projects decreed in Case No.10CW306, and for storage in UnitedReservoir No. 3, Gilcrest Reservoir, andBarr Lake. 3. Summary of the SubjectWater Rights. Applicants seek a changeof type and place of use for 112 totalshares out of 2,500 outstanding shares ofthe New Cache la Poudre Irrigating Com-pany and 36 total shares out of 3,000 out-standing shares of the Cache la PoudreReservoir Company. 3.1. The New Cachela Poudre Irrigating Company Shares.3.1.1. ACWWA is changing 96 shares outof a total 2,500 outstanding shares for theNew Cache la Poudre Irrigating Company,as represented by Stock Certificate Nos.4788, 4789, 4801, and 4812. 3.1.2. EC-CV and United are changing 16 sharesout of a total 2,500 outstanding shares forthe New Cache la Poudre Irrigating Com-pany, as represented by Stock CertificateNo. 4654. United has acquired the 16shares for ECCV’s and has contractuallyagreed to convey the shares to ECCV.3.2. Cache la Poudre Reservoir CompanyShares. 3.2.1. ACWWA is changing 20shares out of a total 3,000 outstandingshares for the Cache la Poudre ReservoirCompany, as represented by Stock Certi-ficate Nos. 4034, 4045, and 4058. 3.2.2.ECCV and United are changing 16 sharesout of a total 3,000 outstanding shares forthe Cache la Poudre Reservoir Company,as represented by Stock Certificate No.3929. United has acquired the 16 sharesfor ECCV’s and has contractually agreedto convey the shares to ECCV. 4. De-creed Water Rights for Which Change isSought and Structures Associated with theDecreed Water Rights. 4.1. Greeley No.2 Canal (also known as New Cache laPoudre Irrigating Company Canal, theNew Cache la Poudre Canal, the Cache laPoudre Irrigation Ditch, the Cache laPoudre Irrigating Ditch). 4.1.1. PreviousDecrees. Case No. 320, Water DistrictNo. 3, Larimer County District Court, Stateof Colorado, decreed April 11, 1882; CaseNo. W-8059-75, District Court, Water Divi-sion No. 1, State of Colorado, decreedJune 13, 1977. 4.1.2. Decreed Point ofDiversion. Located in the SW1/4 of theSE1/4 of the NE1/4 of Section 11, Town-ship 6 North, Range 68 West of the 6thP.M., Larimer County Colorado. 4.1.3.Source. Cache la Poudre River. 4.1.4.Appropriation Dates and Amounts.

Date AmountOctober 25, 1870: 110 cfsSeptember 15, 1871: 170 cfsNovember 10, 1874: 184 cfsSeptember 15, 1877: cfsMay 27, 1974: 65 cfs

4.2. Cache la Poudre Reservoir (alsoknown as the Timnath Reservoir). 4.2.1.Previous Decrees. Case No. 1591, Lar-imer County District Court, Water District3, Water Division No. 1, State of Colorado,decreed December 9, 1904, revised onOctober 28, 1909; Case No. 2031, Lar-imer County District Court, Water District3, Water Division No. 1, State of Colorado,decreed April 22, 1922; Case No. 11217,Larimer County District Court, Water Dis-trict 3, Water Division No. 1, State of Col-orado, decreed September 10, 1953;Case No. W-1103, District Court, WaterDivision No. 1, State of Colorado, de-creed March 21, 1972 nunc pro tunc June8, 1971; and Case No. 80CW415, DistrictCourt, Water Division No. 1, State of Col-orado, decreed September 3, 1982. 4.2.2.Decreed Location and Points of Diversion.The Cache la Poudre Reservoir is locatedin portions of Sections 23, 24, 25, and 26in Township 7 North, Range 68 West ofthe 6th P.M. in Larimer County, Colorado.The inlet ditch headgate for the Cache laPoudre Reservoir is located on the north-east bank of the Cache la Poudre River inthe NE1/4 of Section 18, Township 7North, Range 68 West of the 6th P.M. inLarimer County, Colorado, at a point1,618 feet South and 35 feet East of thequarter corner between Sections 7 and 18in Township 7 North, Range 68 West ofthe 6th P.M. in Larimer County, Colorado.Case No. W-1103 adjudicates points of di-version for seepage and wastewater in-flow into the Cache la Poudre Reservoirfrom the “West Drainage,” “Middle Drain-age,” and “East Drainage.” The decreedpoint of diversion for the West Drainageoutlet is the SW1/4 of Section 24, Town-ship 7 North, Range 68 West of the 6thP.M., at a distance of 2,030 feet North and1,400 feet East of the SW corner of saidSection 24. The decreed point of diver-sion for the Middle Drainage outlet is theSE1/4 of Section 24, Township 7 North,Range 68 West of the 6th P.M., at a dis-tance of 1,350 feet North and 3,290 feetEast of the SW corner of said Section 24.The decreed point of diversion for the EastDrainage outlet is the NE1/4 of Section25, Township 7 North, Range 68 West ofthe 6th P.M., at a distance of 1,340 feetSouth and 60 feet West of the NE cornerof said Section 25. Case No. 80CW415decrees two additional points of diversionfor the Cache la Poudre Reservoir. TheFirst Diversion is located in the NE1/4 ofSection 25, Township 7 North, Range 68West of the 6th P.M. The Second Diver-sion is located in the SW1/4 of Section 36,Township 7 North, Range 68 West of the6th P.M. 4.2.3. Sources. Cache laPoudre River and its tributaries, DryCreek, Ames Slough, Cooper Slough, andBox Elder Creek. The source of supply forthe West Drainage, Middle Drainage, andEast Drainage is waste, seepage, and sur-face runoff waters tributary to the SouthPlatte River arising from Sections 6, 7, 8,17, 18, 19, and 30 in Township 7 North,Range 67 West of the 6th P.M.; Sections1, 2, 11, 12, 13, 14, and 24 in Township 7North, Range 68 West of the 6th P.M.;and Section 36 in Township 8 North,Range 68 West of the 6th P.M., all in Lar-imer and Weld Counties, Colorado. Thesource of supply for the First Diversion isrunoff from natural precipitation, seepagewater, and irrigation water runoff fromSections 19 and 30 in Township 7 North,Range 67 West of the 6th P.M. and Sec-tions 24 and 25 in Township 7 North,Range 68 West of the 6th P.M., all in Lar-imer and Weld Counties, Colorado. Thesource of supply for the Second Diversionis runoff from natural precipitation, seep-age water, and irrigation water runoff fromSections 22, 23, 26, 27, and 35 in Town-ship 7 North, Range 68 West of the 6thP.M. in Larimer County, Colorado. 4.2.4.Appropriation Dates and Amounts.

Date AmountApril 15, 1867: 60 cfs (inlet ditch)March 17, 1892: 8,379 acre feetDecember 1, 1902: 1,740 acre feetDecember 31, 1923: 5,948 acre feet (refill)December 31, 1923: 4,171 acre feet (refill)March 17, 1892 West Drainage: 110 cfsMiddle Drainage: 50 cfsEast Drainage: 90 cfsMarch 17, 1892 First Diversion: 15 cfsJuly 31, 1893 Second Diversion: 10 cfs

Exhibit 3 and Exhibit 4 contain “StructureSummary Reports” prepared by the Stateconcerning the Greeley Canal No. 2 andthe Cache la Poudre Reservoir that con-tain diversion records for said structures.5. Historical Use. The Subject WaterRights were historically used to irrigatecrops on lands depicted on the map at-tached as Exhibit 5. 5.1. Orr-Swift Farm.Fifty-four (54) shares of the New Cache laPoudre Irrigating Company, representedby Certificate Nos. 4788 and 4789 (Certi-ficate Nos. 4788 an 4789 also include 22shares for the Keirnes Farm and 8 sharesfor the Orr-Tollgate Farm in addition to the54 shares for the Orr-Swift Farm.) werehistorically used to irrigate approximately310 acres located about 1 mile west of Lu-cerne, in part of the W1/2 of Section 19,Township 6 North, Range 65 West, and inpart of the NE1/4 of Section 24, Township6 North, Range 66 West of the 6th P.M.,Weld County, Colorado. The farm crop-ping consisted primarily of a mix of corn,alfalfa, and wheat. The New Cache laPoudre Irrigating Company shares werecarried to the Orr-Swift Farm via a lateralditch. 5.2. Orr-Tollgate Farm. Eight (8)shares of the New Cache la Poudre Irrig-ating Company, represented by Certific-ate Nos. 4788 and 4789 and eight (8)shares of the Cache la Poudre ReservoirCompany, represented by Certificate No.4034, were historically used to irrigate ap-proximately 63 acres located about 6miles west-northwest of Greeley, in theW1/2 of the SW1/4 of Section 29, Town-ship 6 North, Range 66 West of the 6thP.M., Weld County, Colorado. The farmcropping consisted primarily of a mix ofcorn, alfalfa, sugar beets, and smallgrains. 5.3. Podtburg-Klaus Farm. Four(4) shares of the New Cache la Poudre Ir-rigating Company, represented by Certific-ate No. 4801 and four (4) shares of theCache la Poudre Reservoir Company,represented by Certificate No. 4045, werehistorically used to irrigate approximately63 acres on the Podtburg Farm locatedabout 6 miles northwest of Greeley, in theW1/2 of the SW1/4 and W1/2 of the SE1/4of Section 19, Township 6 North, Range66 West of the 6th P.M., Weld County,Colorado. From 2005 to 2010, the shareswere used for irrigation on the Klaus Farmlocated in the E1/2 of the SW1/4 of Sec-tion 19, Township 6 North, Range 66 Westof the 6th P.M., Weld County, Colorado.The farm cropping consisted primarily of amix of silage corn, alfalfa, beans, and pas-ture grass. 5.4. Keirnes Farm.Twenty-two (22) shares of the New Cachela Poudre Irrigating Company, represen-ted by Certificate Nos. 4788 and 4789(formerly Certificate No. 4555), were his-torically used to irrigate approximately 186acres located 2 miles west of Lucerne, inthe E1/2 of Section 23, Township 6 North,Range 66 West of the 6th P.M., WeldCounty, Colorado. The farm croppingconsisted primarily of a mix of corn, al-falfa, and pasture grass. 5.5. GodingFarm. Sixteen (16) shares of the NewCache la Poudre Irrigating Company, rep-resented by Certificate No. 4654, sixteen(16) shares of the Cache la Poudre Reser-voir Company, represented by CertificateNo. 3929 were historically used to irrigateapproximately 135 acres located in theNE1/4 of Section 28, Township 6 North,Range 64 West of the 6th P.M. in WeldCounty, Colorado. The farm croppingconsisted primarily of a mix of small veget-ables, alfalfa, and corn. The New Cachela Poudre Irrigating Company and theCache la Poudre Reservoir Companyshares were carried to the Goding Farmvia a lateral ditch. 5.6. Donaldson Farm.Eight (8) shares of the New Cache laPoudre Irrigating Company, representedby Certificate No. 4812, eight (8) shares ofthe Cache la Poudre Reservoir Company,represented by Certificate No. 4058 werehistorically used to irrigate approximately60 acres located in W1/2 of the SW1/4 ofSection 22, Township 6 North, Range 65West of the 6th P.M. in Weld County, Col-orado. The farm cropping consistedprimarily of a mix of silage corn, small ve-getables, sugar beets, and dry beans.The New Cache la Poudre Irrigating Com-pany and the Cache la Poudre ReservoirCompany shares were carried to the Don-aldson Farm via a lateral ditch. 5.7. Di-version summaries for the New Cache laPoudre Irrigating Company and the Cachela Poudre Reservoir Company from theColorado Decision Support System are at-tached as Exhibit 6 and Exhibit 7. 6. Pro-posed Change of Use of the Subject Wa-ter Rights. The Applicants seek to use thehistorical consumptive use portion of theSubject Water Rights as follows: 6.1.Change in Type of Use. 6.1.1. ECCVseeks to use the Subject Water Rights dir-ectly or as a source of substitute Supplyfor the ECCV Augmentation Plan decreedin Case No. 02CW403 for pumping waterfor delivery to ECCV’s service area fromthe ECCV Well Field. ECCV will followthe procedures in paragraph 19 of the de-cree in Case No. 02CW403 and para-graph 25.5 of the decree entered in CaseNos. 02CW404 and 03CW442 to add theSubject Water Rights as an additionalsource of replacement supply. 6.1.2. EC-CV seeks to use the Subject Water Rightsfor delivery to recharge in the Beebe Drawpursuant to the terms and conditions ofthe decree in Case Nos. 02CW404 and03CW442. ECCV will follow the proced-ures in paragraph 19 of the decree inCase No. 02CW403 and paragraph 15.4of the decree in Case Nos. 02CW404 and03CW442 to include the Subject WaterRights as an additional source of re-charge water for delivery to the Haren Re-charge Site pursuant to Case Nos.13CW3172 and 14CW3131. 6.1.3. EC-CV seeks to use the Subject Water Rightsas a source of substitute supply for the ap-propriative right of exchange decreed inCase Nos. 02CW404 and 03CW442, and11CW285. 6.1.4. ECCV seeks to usethe Subject Water Rights for storage inBarr Lake, United Reservoir No. 3, Gil-crest Reservoir, and 70 Ranch Reservoirand as a source of substitute supply forthe appropriative right of exchange de-creed in Case No. 11CW280. ECCV alsoclaims the right to use the Subject WaterRights as a source to refill its storage ca-pacity in Barr Lake, United Reservoir No.3, Gilcrest Reservoir, and 70 RanchReservoir, and as part of this claim as-serts its intent to use the Subject WaterRights for all purposes associated with arefill storage right under Colorado law, in-cluding but not limited to exclusion fromany paper fill or carryover obligations.6.1.5. ECCV and United seek to use theSubject Water Rights directly or as asource of substitute supply for the 70Ranch Augmentation Plan decreed inCase Nos. 02CW404 and 03CW442, andas decreed in the amended application inCase No. 10CW306. The Applicants willfollow the procedures in paragraph 25.6.1.of the decree in Case Nos. 02CW404 and03CW442 to add the Subject Water Rightsas an additional source of replacementsupply. 6.1.6. ACWWA seeks to use theSubject Water Rights directly or as asource of substitute supply pursuant to theplan for augmentation decreed in CaseNo. 10CW306 for delivery to ACWWA’sservice area from the ECCV Well Field.6.1.7. ACWWA seeks to use the SubjectWater Rights for delivery to recharge inthe Beebe Draw pursuant to the rechargeprojects decreed in Case No. 10CW306.6.1.8. ACWWA seeks to use the SubjectWater Rights as a source of substitutesupply for the substitution and exchangedecreed, in Case No. 09CW283. 6.1.9.ACWWA seeks to use the Subject WaterRights directly or as a source of substitutesupply pursuant to the plan for augmenta-tion decreed in Case No. 10CW306 fordelivery to ACWWA’s service area fromthe wells included in the United No. 2 Di-version Wells and the added wells de-creed in Case No. 10CW306. 6.1.10.ACWWA seeks to use the Subject WaterRights for delivery to recharge on the 70Ranch as decreed in Case No. 10CW306for delivery to the Haren Recharge Sitepursuant to Case Nos. 13CW3171 and14CW3130. 6.1.11. ACWWA seeks tostore the Subject Water Rights in its 500acre-foot account in United Reservoir No.3 pursuant to the IGA. ACWWA alsoclaims the right to use the Subject WaterRights as a source to refill its storage ca-pacity in United Reservoir No. 3, GilcrestReservoir, an 70 Ranch Reservoir, and aspart of this claim asserts its intent to usethe Subject Water Rights for all purposesassociated with a refill storage right underColorado law, including but not limited toexclusion from any paper fill or carryoverobligations. 6.1.12. For all municipaluses, including but not limited to domestic,mechanical, manufacturing, commercial,industrial, exchange, augmentation andreplacement, recharge, including re-charge of the Denver Basin Aquifer sup-ply, substitute supply, adjustment and reg-ulation of water supply, including furtherexchange with other water systems andwith other water users, storage including arefill storage right as described in para-graphs 6.1.4 and 6.1.11 above, and for allother beneficial uses within the serviceareas of ACWWA and ECCV, as they nowexist or may exist in the future. 6.1.13. Inaddition to the uses described in para-graphs 6.1.1. through 6.1.11. above,ACWWA and ECCV claim the right, onceall return flow obligations have been satis-fied, to use, reuse, successively use anddispose of, by sale, exchange, augmenta-tion, or otherwise, to extinction all con-sumptive use water exchanged, lawfullydiverted and/or impounded pursuant tothe decree entered in this case. 6.2.Change in Place of Use. ECCV andACWWA seek to use the water attribut-able to the Subject Water Rights on landswithin ECCV’s and/or ACWWA’s presentand future service area. 7. Delivery of theSubject Water Rights. Applicants will takedelivery of their pro-rata share of riverheadgate diversions through the GreeleyNo. 2 Canal and return the depletive por-tion and surface water returns via: 1) theGreeley No. 2 Canal headgate, as adjus-ted; 2) a new augmentation station to beconstructed on the Greeley No. 2 Canal;3) Headgate 88 which is located at suchpoint where the Greeley No. 2 Canal inter-sects with Sand Creek in the NE1/4 ofSection 16, Township 6 North, Range 65West of the 6th P.M. in Weld County, Col-orado, and the Sand Creek Spillway Aug-mentation Station located near the centerof Section 27, Township 6 North, Range65 West of the 6th P.M. in Weld County,Colorado pursuant to an agreement withthe Central Colorado Water ConservancyDistrict (“Central”); 4) the John Law Seep-age Ditch which is located in the NW1/4 ofthe SW1/4 of Section 14, Township 6North, Range 67 West of the 6th P.M. inLarimer County, Colorado; 5) at CornishPlains Reservoir which is an off-channelreservoir located within portions of Sec-tions 5, 8, and 9, Township 6 North,Range 63 West of the 6th P.M. in WeldCounty, Colorado; and/or the existing aug-mentation stations on the Greeley No. 2Canal, subject to the approval of the NewCache la Poudre Irrigating Company. 8.Return Flow Obligations. Applicants shallmeet their winter return flow obligations forthe Subject Water Rights by any of the fol-lowing means: 8.1. Applicants may re-lease water from ECCV or ACWWA’s stor-age account in United Reservoir No. 3,from Gilcrest Reservoir, from Barr Lake, orfrom 70 Ranch Reservoir. 8.2. Applic-ants may deliver water from recharge fa-cilities to be constructed along the Gree-ley No. 2 Canal. Applicants have securedeasement agreements to construct re-charge ponds on the Donaldson Farm andmay acquire other sites in the future. Useof any recharge facilities on the GreeleyNo. 2 Canal is contingent upon obtainingthe approval of the New Cache la PoudreIrrigating Company and the owners of thestructures and shall be made pursuant tothe operating policies and procedures ofthe New Cache la Poudre Irrigating Com-pany. 8.3. Applicants may deliver waterfrom recharge facilities to be constructedalong the Cache la Poudre River and/orthe South Platte River. 8.4. Applicantsmay deliver water from recharge accre-tions from the Beebe Draw and 70 Ranchrecharge facilities decreed in Case Nos.02CW404 and 03CW442, and 10CW306.Applicants may also deliver water from re-charge accretions from the Haren Re-charge Site. 8.5. Applicants may deliverwater from recharge through facilitiesowned and operated by the Central pursu-ant to an agreement between Applicantsand Central. 8.6. Applicants may releasewater from ECCV or ACWWA’s storageaccount in Cornish Plains Reservoir. 8.7.Applicants may deliver water from otherfully consumable sources owned or con-trolled by the Applicants or any otheravailable sources so long as the sourcesare decreed for augmentation purposesby the Water Court, or approved for re-placement use under a Substitute WaterSupply Plan approved by the State Engin-eer pursuant to sections 37-92-308 or 37-92-309 of the Colorado Revised Statutes,or successor statutes, or are otherwiselawfully available for such use. 9. Appro-priation of Return Flows. When the call-ing water right downstream of the GreeleyNo. 2 Canal headgate is junior to October31, 2014 or there is no call from down-stream of the Greeley No. 2 Canalheadgate, ACWWA and ECCV seek theright to use, reuse, successively use, anduse to extinction, for all of the purposesdescribed in paragraph 6 above, the his-torical return flow portion of its irrigationseason delivery of its Subject WaterRights and the winter return flow portion ofits previous irrigation season delivery of itsSubject Water Rights.10. Methodology.Consumptive use credit allowed for theSubject Water Rights will be calculated asthe amount delivered at the approvedheadgate on the Greeley Canal No. 2minus the return flow obligations. Applic-ants will quantify and maintain the historic-al return flows from river headgate diver-sions based upon the historical use of theshares. 11. Plan for Augmentation. 11.1.Purpose of the Plan for Augmentation.Through this augmentation plan, ACWWAand ECCV will provide adequate sourcesof replacement water to maintain the his-torical return flows associated with theSubject Water Rights. 11.2. Replace-ment Sources. ACWWA and ECCV willuse water derived from the sources de-scribed in paragraph 8 above to replacethe historical return flow obligations asso-ciated with the Subject Water Rights intime, location, and amount in order to pre-vent injury to any owner of or persons en-titled to use water under a vested waterright or a decreed conditional water right.11.2.1. Future Acquired Sources. Applic-ants intend to acquire and/or lease addi-tional water supplies in the future for useas a source of replacement in the plan foraugmentation described in the application.Those supplies may be acquired and/orleased to replace or supplement waterfrom the sources identified in paragraph 8above. Applicants will add future ac-quired sources to the plan for augmenta-tion claimed in this application pursuant tosection 37-92-305(8)(c) of the ColoradoRevised Statutes. 12. Integrated System.The Subject Water Rights will be usedpursuant to, and in accordance with theapplicable terms and conditions of theplans for augmentation, exchanges, andrecharge projects decreed in Case Nos.02CW403, 02CW404 and 03CW442,1 0 C W 3 0 6 , 0 9 C W 2 8 3 , 1 1 C W 2 8 5 ,11CW280, and 10CW312. Augmentationuse of the Subject Water Rights shall bemade only under and in compliance withthe terms and conditions of any applic-able decree or Substitute Water SupplyPlan approved by the State Engineer pur-suant to sections 37-92-308 or 37-92-309of the Colorado Revised Statutes, or suc-cessor statutes. 13. Bylaw Approval.The Subject Water Rights will not be usedas a replacement supply in any plan foraugmentation, decreed exchange, or re-charge project until the Applicants com-plete the New Cache la Poudre IrrigatingCompany and Cache la Poudre ReservoirCompany’s legally applicable require-ments and procedures regarding approv-al of a change of water rights. This para-graph shall not prevent the Applicantsfrom using the shares as a part of a Sub-stitute Water Supply Plan approved by theState Engineer pursuant to section 37-92-308 or 37-92-309 of the Colorado Re-vised Statutes, or successor statutes,provided such Substitute Water SupplyPlan complies with the New Cache laPoudre Irrigating Company and Cache laPoudre Reservoir Company’s legally ap-plicable requirements and procedures re-garding approval of such plans. 14. Gen-eral Location Map. A map, generallyshowing the relationship of the area en-compassed by the claims in this applica-tion is attached as Exhibit 8. 15. Name(s)and address(es) of owner(s) of land onwhich structure is or will be located, andupon which water is or will be stored. TheGreeley Canal No. 2 and the Cache laPoudre Reservoir are owned by the NewCache la Poudre Irrigating Company andthe Cache la Poudre Reservoir Company,whose address is 33040 Railroad Avenue,Lucerne, Colorado 80646, Attn: MikeHungenberg. WHEREFORE, Applicantsrespectfully request that the Court enter adecree granting the change of water rightsand for such other relief, which it deemsproper. (15 Pages and 8 Exhibits)





Public Notice




IN WATER DIV. 1


13CW3026 Arapahoe County Water andWastewater Authority (“ACWWA”),East Cherry Creek Valley Water andSanitation District (“ECCV”); andUnited Water and Sanitation District(“United”), (c/o Brian M. Nazarenus,Esq., Sheela S. Stack, Esq., and SusanM. Ryan, Esq., RYLEY CARLOCK & AP-PLEWHITE, 1700 Lincoln Street, Suite3500, Denver, CO 80203, Telephone:303-863-7500, Attorneys for ACWWAand ECCV); and (c/o Tod J. Smith, Esq.,LAW OFFICE OF TOD J. SMITH, LLC,2919 Valmont Road, Suite 205, Boulder,Colorado 80301 Telephone: 303-444-4203, Attorney for United) (collectively“Applicants”). AMENDED APPLICA-TION FOR CHANGE OF WATERRIGHTS AND A PLAN FOR AUGMENTA-TION, IN ADAMS, ARAPAHOE, DEN-VER, DOUGLAS, ELBERT, LARIMER,MORGAN AND WELD COUNTIES. 2.Background and Relationship of the Ap-plicants and Applicants’ Prior Decrees andPending Cases. 2.1. Background. OnDecember 15, 2009, ACWWA, United,and ECCV entered into an Intergovern-mental Agreement (“IGA”) to provide forACWWA’s participation with ECCV andUnited in an integrated system for the di-version, accretion, collection, storage,transmission, and treatment of their waterrights. The integrated system, which isalso referred to as the Water SupplyProject or the Northern Project, is de-signed to provide ECCV and ACWWAwith a long-term, sustainable municipalwater supply for their respective serviceareas located in Arapahoe and DouglasCounties, Colorado. Maps of ACWWA’sand ECCV’s service areas are attached asExhibit 1 and Exhibit 2, respectively. Pur-suant to the IGA, United will provideACWWA with 4,400 acre-feet of con-sumptive use water that will be deliveredthrough ECCV’s water delivery facilitiesfor use within ACWWA’s service area.2.2. Decreed Components of the WaterSupply Project. The Water Court has pre-viously decreed various components ofthe Water Supply Project for ECCV andUnited’s use: 2.2.1. In Case No.02CW403, the Water Court approved aplan for augmentation (“ECCV Augmenta-tion Plan”) for ECCV’s Upper Beebe Drawwellfield (“ECCV Well Field”), as de-scribed in paragraph 15.1 of that decree.The ECCV Augmentation Plan allowed forthe addition of wells to the augmentationplan and for the use of additional sourcesof substitute supply to replace the out-of-priority depletions resulting from pumpingthe ECCV Well Field. 2.2.2. In Case Nos.02CW404 and 03CW442, the Water Courtapproved the addition of six (6) wells tothe ECCV Well Field, additional sources ofreplacement water to the ECCV Augment-at ion Plan approved in Case No .02CW403, and a recharge project in theBeebe Draw (the “Beebe Draw RechargeProject”). The Water Court also approveda plan for augmentation to replace the out-of-priority depletions created by the pump-ing of wells located on 70 Ranch (“70Ranch Augmentation Plan”) and a re-charge project on 70 Ranch (“70 RanchRecharge Project”). 2.2.3. In Case No.10CW306, the Water Court approved theACWWA Augmentation Plan, ACWWABeebe Draw Recharge Project, ACWWA70 Ranch Augmentation Plan, andACWWA 70 Ranch Recharge Project; andamended the ECCV Augmentation Plansd e c r e e d i n 0 2 C W 4 0 3 a n d02CW404/03CW442, and the Beebe DrawRecharge Project. 2.2.4. In Case Nos.11CW285 and 09CW283 the Water Courtapproved the applications of ACWWA(09CW283) and ECCV (11CW285) for theappropriative rights of exchange to as-sure delivery of water available toACWWA and ECCV’s for delivery to theirservice areas. 2.2.5. In Case Nos.10CW312 and 11CW280, the Water Courtapproved the applications for a condition-al water storage right in United ReservoirNo. 3 (ACWWA) and conditional waterstorage rights in United Reservoir No. 3,Barr Lake, and Gilcrest Reservoir as wellas an appropriative right of exchange (EC-CV). 2.3. The purpose of this applicationis to change the use of the decreed waterrights associated with shares in the Cachela Poudre Reservoir Company and theNew Cache la Poudre Irrigating Company(collectively “Subject Water Rights”) thatwere acquired by Applicants for use as asource of substitute supply for the ECCVAugmentation Plan decreed in Case No.02CW403, Beebe Draw Recharge Project,70 Ranch Augmentation Plan, 70 RanchRecharge Project, and the South PlatteRiver Exchanges adjudicated in CaseNos. 02CW404 and 03CW442. In addi-tion, the subject water rights will be usedas a source of substitute supply for the ex-changes decreed in Case Nos. 09CW283and 11CW285, as a source of substitutesupply for the plans for augmentation andrecharge projects decreed in Case No.10CW306, and for storage in UnitedReservoir No. 3, Gilcrest Reservoir, andBarr Lake. 3. Summary of the SubjectWater Rights. Applicants seek a changeof type and place of use for 112 totalshares out of 2,500 outstanding shares ofthe New Cache la Poudre Irrigating Com-pany and 36 total shares out of 3,000 out-standing shares of the Cache la PoudreReservoir Company. 3.1. The New Cachela Poudre Irrigating Company Shares.3.1.1. ACWWA is changing 96 shares outof a total 2,500 outstanding shares for theNew Cache la Poudre Irrigating Company,as represented by Stock Certificate Nos.4788, 4789, 4801, and 4812. 3.1.2. EC-CV and United are changing 16 sharesout of a total 2,500 outstanding shares forthe New Cache la Poudre Irrigating Com-pany, as represented by Stock CertificateNo. 4654. United has acquired the 16shares for ECCV’s and has contractuallyagreed to convey the shares to ECCV.3.2. Cache la Poudre Reservoir CompanyShares. 3.2.1. ACWWA is changing 20shares out of a total 3,000 outstandingshares for the Cache la Poudre ReservoirCompany, as represented by Stock Certi-ficate Nos. 4034, 4045, and 4058. 3.2.2.ECCV and United are changing 16 sharesout of a total 3,000 outstanding shares forthe Cache la Poudre Reservoir Company,as represented by Stock Certificate No.3929. United has acquired the 16 sharesfor ECCV’s and has contractually agreedto convey the shares to ECCV. 4. De-creed Water Rights for Which Change isSought and Structures Associated with theDecreed Water Rights. 4.1. Greeley No.2 Canal (also known as New Cache laPoudre Irrigating Company Canal, theNew Cache la Poudre Canal, the Cache laPoudre Irrigation Ditch, the Cache laPoudre Irrigating Ditch). 4.1.1. PreviousDecrees. Case No. 320, Water DistrictNo. 3, Larimer County District Court, Stateof Colorado, decreed April 11, 1882; CaseNo. W-8059-75, District Court, Water Divi-sion No. 1, State of Colorado, decreedJune 13, 1977. 4.1.2. Decreed Point ofDiversion. Located in the SW1/4 of theSE1/4 of the NE1/4 of Section 11, Town-ship 6 North, Range 68 West of the 6thP.M., Larimer County Colorado. 4.1.3.Source. Cache la Poudre River. 4.1.4.Appropriation Dates and Amounts.









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Exhibit 3 and Exhibit 4 contain “StructureSummary Reports” prepared by the Stateconcerning the Greeley Canal No. 2 andthe Cache la Poudre Reservoir that con-tain diversion records for said structures.5. Historical Use. The Subject WaterRights were historically used to irrigatecrops on lands depicted on the map at-tached as Exhibit 5. 5.1. Orr-Swift Farm.Fifty-four (54) shares of the New Cache laPoudre Irrigating Company, representedby Certificate Nos. 4788 and 4789 (Certi-ficate Nos. 4788 an 4789 also include 22shares for the Keirnes Farm and 8 sharesfor the Orr-Tollgate Farm in addition to the54 shares for the Orr-Swift Farm.) werehistorically used to irrigate approximately310 acres located about 1 mile west of Lu-cerne, in part of the W1/2 of Section 19,Township 6 North, Range 65 West, and inpart of the NE1/4 of Section 24, Township6 North, Range 66 West of the 6th P.M.,Weld County, Colorado. The farm crop-ping consisted primarily of a mix of corn,alfalfa, and wheat. The New Cache laPoudre Irrigating Company shares werecarried to the Orr-Swift Farm via a lateralditch. 5.2. Orr-Tollgate Farm. Eight (8)shares of the New Cache la Poudre Irrig-ating Company, represented by Certific-ate Nos. 4788 and 4789 and eight (8)shares of the Cache la Poudre ReservoirCompany, represented by Certificate No.4034, were historically used to irrigate ap-proximately 63 acres located about 6miles west-northwest of Greeley, in theW1/2 of the SW1/4 of Section 29, Town-ship 6 North, Range 66 West of the 6thP.M., Weld County, Colorado. The farmcropping consisted primarily of a mix ofcorn, alfalfa, sugar beets, and smallgrains. 5.3. Podtburg-Klaus Farm. Four(4) shares of the New Cache la Poudre Ir-rigating Company, represented by Certific-ate No. 4801 and four (4) shares of theCache la Poudre Reservoir Company,represented by Certificate No. 4045, werehistorically used to irrigate approximately63 acres on the Podtburg Farm locatedabout 6 miles northwest of Greeley, in theW1/2 of the SW1/4 and W1/2 of the SE1/4of Section 19, Township 6 North, Range66 West of the 6th P.M., Weld County,Colorado. From 2005 to 2010, the shareswere used for irrigation on the Klaus Farmlocated in the E1/2 of the SW1/4 of Sec-tion 19, Township 6 North, Range 66 Westof the 6th P.M., Weld County, Colorado.The farm cropping consisted primarily of amix of silage corn, alfalfa, beans, and pas-ture grass. 5.4. Keirnes Farm.Twenty-two (22) shares of the New Cachela Poudre Irrigating Company, represen-ted by Certificate Nos. 4788 and 4789(formerly Certificate No. 4555), were his-torically used to irrigate approximately 186acres located 2 miles west of Lucerne, inthe E1/2 of Section 23, Township 6 North,Range 66 West of the 6th P.M., WeldCounty, Colorado. The farm croppingconsisted primarily of a mix of corn, al-falfa, and pasture grass. 5.5. GodingFarm. Sixteen (16) shares of the NewCache la Poudre Irrigating Company, rep-resented by Certificate No. 4654, sixteen(16) shares of the Cache la Poudre Reser-voir Company, represented by CertificateNo. 3929 were historically used to irrigateapproximately 135 acres located in theNE1/4 of Section 28, Township 6 North,Range 64 West of the 6th P.M. in WeldCounty, Colorado. The farm croppingconsisted primarily of a mix of small veget-ables, alfalfa, and corn. The New Cachela Poudre Irrigating Company and theCache la Poudre Reservoir Companyshares were carried to the Goding Farmvia a lateral ditch. 5.6. Donaldson Farm.Eight (8) shares of the New Cache laPoudre Irrigating Company, representedby Certificate No. 4812, eight (8) shares ofthe Cache la Poudre Reservoir Company,represented by Certificate No. 4058 werehistorically used to irrigate approximately60 acres located in W1/2 of the SW1/4 ofSection 22, Township 6 North, Range 65West of the 6th P.M. in Weld County, Col-orado. The farm cropping consistedprimarily of a mix of silage corn, small ve-getables, sugar beets, and dry beans.The New Cache la Poudre Irrigating Com-pany and the Cache la Poudre ReservoirCompany shares were carried to the Don-aldson Farm via a lateral ditch. 5.7. Di-version summaries for the New Cache laPoudre Irrigating Company and the Cachela Poudre Reservoir Company from theColorado Decision Support System are at-tached as Exhibit 6 and Exhibit 7. 6. Pro-posed Change of Use of the Subject Wa-ter Rights. The Applicants seek to use thehistorical consumptive use portion of theSubject Water Rights as follows: 6.1.Change in Type of Use. 6.1.1. ECCVseeks to use the Subject Water Rights dir-ectly or as a source of substitute Supplyfor the ECCV Augmentation Plan decreedin Case No. 02CW403 for pumping waterfor delivery to ECCV’s service area fromthe ECCV Well Field. ECCV will followthe procedures in paragraph 19 of the de-cree in Case No. 02CW403 and para-graph 25.5 of the decree entered in CaseNos. 02CW404 and 03CW442 to add theSubject Water Rights as an additionalsource of replacement supply. 6.1.2. EC-CV seeks to use the Subject Water Rightsfor delivery to recharge in the Beebe Drawpursuant to the terms and conditions ofthe decree in Case Nos. 02CW404 and03CW442. ECCV will follow the proced-ures in paragraph 19 of the decree inCase No. 02CW403 and paragraph 15.4of the decree in Case Nos. 02CW404 and03CW442 to include the Subject WaterRights as an additional source of re-charge water for delivery to the Haren Re-charge Site pursuant to Case Nos.13CW3172 and 14CW3131. 6.1.3. EC-CV seeks to use the Subject Water Rightsas a source of substitute supply for the ap-propriative right of exchange decreed inCase Nos. 02CW404 and 03CW442, and11CW285. 6.1.4. ECCV seeks to usethe Subject Water Rights for storage inBarr Lake, United Reservoir No. 3, Gil-crest Reservoir, and 70 Ranch Reservoirand as a source of substitute supply forthe appropriative right of exchange de-creed in Case No. 11CW280. ECCV alsoclaims the right to use the Subject WaterRights as a source to refill its storage ca-pacity in Barr Lake, United Reservoir No.3, Gilcrest Reservoir, and 70 RanchReservoir, and as part of this claim as-serts its intent to use the Subject WaterRights for all purposes associated with arefill storage right under Colorado law, in-cluding but not limited to exclusion fromany paper fill or carryover obligations.6.1.5. ECCV and United seek to use theSubject Water Rights directly or as asource of substitute supply for the 70Ranch Augmentation Plan decreed inCase Nos. 02CW404 and 03CW442, andas decreed in the amended application inCase No. 10CW306. The Applicants willfollow the procedures in paragraph 25.6.1.of the decree in Case Nos. 02CW404 and03CW442 to add the Subject Water Rightsas an additional source of replacementsupply. 6.1.6. ACWWA seeks to use theSubject Water Rights directly or as asource of substitute supply pursuant to theplan for augmentation decreed in CaseNo. 10CW306 for delivery to ACWWA’sservice area from the ECCV Well Field.6.1.7. ACWWA seeks to use the SubjectWater Rights for delivery to recharge inthe Beebe Draw pursuant to the rechargeprojects decreed in Case No. 10CW306.6.1.8. ACWWA seeks to use the SubjectWater Rights as a source of substitutesupply for the substitution and exchangedecreed, in Case No. 09CW283. 6.1.9.ACWWA seeks to use the Subject WaterRights directly or as a source of substitutesupply pursuant to the plan for augmenta-tion decreed in Case No. 10CW306 fordelivery to ACWWA’s service area fromthe wells included in the United No. 2 Di-version Wells and the added wells de-creed in Case No. 10CW306. 6.1.10.ACWWA seeks to use the Subject WaterRights for delivery to recharge on the 70Ranch as decreed in Case No. 10CW306for delivery to the Haren Recharge Sitepursuant to Case Nos. 13CW3171 and14CW3130. 6.1.11. ACWWA seeks tostore the Subject Water Rights in its 500acre-foot account in United Reservoir No.3 pursuant to the IGA. ACWWA alsoclaims the right to use the Subject WaterRights as a source to refill its storage ca-pacity in United Reservoir No. 3, GilcrestReservoir, an 70 Ranch Reservoir, and aspart of this claim asserts its intent to usethe Subject Water Rights for all purposesassociated with a refill storage right underColorado law, including but not limited toexclusion from any paper fill or carryoverobligations. 6.1.12. For all municipaluses, including but not limited to domestic,mechanical, manufacturing, commercial,industrial, exchange, augmentation andreplacement, recharge, including re-charge of the Denver Basin Aquifer sup-ply, substitute supply, adjustment and reg-ulation of water supply, including furtherexchange with other water systems andwith other water users, storage including arefill storage right as described in para-graphs 6.1.4 and 6.1.11 above, and for allother beneficial uses within the serviceareas of ACWWA and ECCV, as they nowexist or may exist in the future. 6.1.13. Inaddition to the uses described in para-graphs 6.1.1. through 6.1.11. above,ACWWA and ECCV claim the right, onceall return flow obligations have been satis-fied, to use, reuse, successively use anddispose of, by sale, exchange, augmenta-tion, or otherwise, to extinction all con-sumptive use water exchanged, lawfullydiverted and/or impounded pursuant tothe decree entered in this case. 6.2.Change in Place of Use. ECCV andACWWA seek to use the water attribut-able to the Subject Water Rights on landswithin ECCV’s and/or ACWWA’s presentand future service area. 7. Delivery of theSubject Water Rights. Applicants will takedelivery of their pro-rata share of riverheadgate diversions through the GreeleyNo. 2 Canal and return the depletive por-tion and surface water returns via: 1) theGreeley No. 2 Canal headgate, as adjus-ted; 2) a new augmentation station to beconstructed on the Greeley No. 2 Canal;3) Headgate 88 which is located at suchpoint where the Greeley No. 2 Canal inter-sects with Sand Creek in the NE1/4 ofSection 16, Township 6 North, Range 65West of the 6th P.M. in Weld County, Col-orado, and the Sand Creek Spillway Aug-mentation Station located near the centerof Section 27, Township 6 North, Range65 West of the 6th P.M. in Weld County,Colorado pursuant to an agreement withthe Central Colorado Water ConservancyDistrict (“Central”); 4) the John Law Seep-age Ditch which is located in the NW1/4 ofthe SW1/4 of Section 14, Township 6North, Range 67 West of the 6th P.M. inLarimer County, Colorado; 5) at CornishPlains Reservoir which is an off-channelreservoir located within portions of Sec-tions 5, 8, and 9, Township 6 North,Range 63 West of the 6th P.M. in WeldCounty, Colorado; and/or the existing aug-mentation stations on the Greeley No. 2Canal, subject to the approval of the NewCache la Poudre Irrigating Company. 8.Return Flow Obligations. Applicants shallmeet their winter return flow obligations forthe Subject Water Rights by any of the fol-lowing means: 8.1. Applicants may re-lease water from ECCV or ACWWA’s stor-age account in United Reservoir No. 3,from Gilcrest Reservoir, from Barr Lake, orfrom 70 Ranch Reservoir. 8.2. Applic-ants may deliver water from recharge fa-cilities to be constructed along the Gree-ley No. 2 Canal. Applicants have securedeasement agreements to construct re-charge ponds on the Donaldson Farm andmay acquire other sites in the future. Useof any recharge facilities on the GreeleyNo. 2 Canal is contingent upon obtainingthe approval of the New Cache la PoudreIrrigating Company and the owners of thestructures and shall be made pursuant tothe operating polic ies and procedures ofthe New Cache la Poudre Irrigating Com-pany. 8.3. Applicants may deliver waterfrom recharge facilities to be constructedalong the Cache la Poudre River and/orthe South Platte River. 8.4. Applicantsmay deliver water from recharge accre-tions from the Beebe Draw and 70 Ranchrecharge facilities decreed in Case Nos.02CW404 and 03CW442, and 10CW306.Applicants may also deliver water from re-charge accretions from the Haren Re-charge Site. 8.5. Applicants may deliverwater from recharge through facilitiesowned and operated by the Central pursu-ant to an agreement between Applicantsand Central. 8.6. Applicants may releasewater from ECCV or ACWWA’s storageaccount in Cornish Plains Reservoir. 8.7.Applicants may deliver water from otherfully consumable sources owned or con-trolled by the Applicants or any otheravailable sources so long as the sourcesare decreed for augmentation purposesby the Water Court, or approved for re-placement use under a Substitute WaterSupply Plan approved by the State Engin-eer pursuant to sections 37-92-308 or 37-92-309 of the Colorado Revised Statutes,or successor statutes, or are otherwiselawfully available for such use. 9. Appro-priation of Return Flows. When the call-ing water right downstream of the GreeleyNo. 2 Canal headgate is junior to October31, 2014 or there is no call from down-stream of the Greeley No. 2 Canalheadgate, ACWWA and ECCV seek theright to use, reuse, successively use, anduse to extinction, for all of the purposesdescribed in paragraph 6 above, the his-torical return flow portion of its irrigationseason delivery of its Subject WaterRights and the winter return flow portion ofits previous irrigation season delivery of itsSubject Water Rights.10. Methodology.Consumptive use credit allowed for theSubject Water Rights will be calculated asthe amount delivered at the approvedheadgate on the Greeley Canal No. 2minus the return flow obligations. Applic-ants will quantify and maintain the historic-al return flows from river headgate diver-sions based upon the historical use of theshares. 11. Plan for Augmentation. 11.1.Purpose of the Plan for Augmentation.Through this augmentation plan, ACWWAand ECCV will provide adequate sourcesof replacement water to maintain the his-torical return flows associated with theSubject Water Rights. 11.2. Replace-ment Sources. ACWWA and ECCV willuse water derived from the sources de-scribed in paragraph 8 above to replacethe historical return flow obligations asso-ciated with the Subject Water Rights intime, location, and amount in order to pre-vent injury to any owner of or persons en-titled to use water under a vested waterright or a decreed conditional water right.11.2.1. Future Acquired Sources. Applic-ants intend to acquire and/or lease addi-tional water supplies in the future for useas a source of replacement in the plan foraugmentation described in the application.Those supplies may be acquired and/orleased to replace or supplement waterfrom the sources identified in paragraph 8above. Applicants will add future ac-quired sources to the plan for augmenta-tion claimed in this application pursuant tosection 37-92-305(8)(c) of the ColoradoRevised Statutes. 12. Integrated System.The Subject Water Rights will be usedpursuant to, and in accordance with theapplicable terms and conditions of theplans for augmentation, exchanges, andrecharge projects decreed in Case Nos.02CW403, 02CW404 and 03CW442,1 0 C W 3 0 6 , 0 9 C W 2 8 3 , 1 1 C W 2 8 5 ,11CW280, and 10CW312. Augmentationuse of the Subject Water Rights shall bemade only under and in compliance withthe terms and conditions of any applic-able decree or Substitute Water SupplyPlan approved by the State Engineer pur-suant to sections 37-92-308 or 37-92-309of the Colorado Revised Statutes, or suc-cessor statutes. 13. Bylaw Approval.The Subject Water Rights will not be usedas a replacement supply in any plan foraugmentation, decreed exchange, or re-charge project until the Applicants com-plete the New Cache la Poudre IrrigatingCompany and Cache la Poudre ReservoirCompany’s legally applicable require-ments and procedures regarding approv-al of a change of water rights. This para-graph shall not prevent the Applicantsfrom using the shares as a part of a Sub-stitute Water Supply Plan approved by theState Engineer pursuant to section 37-92-308 or 37-92-309 of the Colorado Re-vised Statutes, or successor statutes,provided such Substitute Water SupplyPlan complies with the New Cache laPoudre Irrigating Company and Cache laPoudre Reservoir Company’s legally ap-plicable requirements and procedures re-garding approval of such plans. 14. Gen-eral Location Map. A map, generallyshowing the relationship of the area en-compassed by the claims in this applica-tion is attached as Exhibit 8. 15. Name(s)and address(es) of owner(s) of land onwhich structure is or will be located, andupon which water is or will be stored. TheGreeley Canal No. 2 and the Cache laPoudre Reservoir are owned by the NewCache la Poudre Irrigating Company andthe Cache la Poudre Reservoir Company,whose address is 33040 Railroad Avenue,Lucerne, Colorado 80646, Attn: MikeHungenberg. WHEREFORE, Applicantsrespectfully request that the Court enter adecree granting the change of water rightsand for such other relief, which it deemsproper. (15 Pages and 8 Exhibits)




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FUNd 10 TOTALS GENERAL FUNd 245,915.70 FUNd 15 TOTALS HEALTH FUNd 1,153.98 FUNd 20 TOTALS ROAd ANd BRIdGE FUNd 180,108.88 FUNd 25 TOTALS SALES ANd USE TAX FUNd 484,358.00 FUNd 40 TOTALS LEA FUNd 60,361.55 FUNd 50 TOTALS HUMAN SERVICES 10,925.57 FUNd 83 TOTALS MEAdOW STATON dEBT SVC FUNd 40,556.25 FUNd 90 TOTALS CONSERVATION TRUST FUNd 225.00 FUNd 95 TOTALS BONd SERVICE FUNd 347,750.00 GRANd TOTALS 1,371,354.93 Vendor Name Transaction Description Check Amount A & E Tire Operating Expense 6,288.02 Aarms Operating Expense 175.00 Aflac PayrollPayable 2,230.62AgateMutualTelephone MonthlyUtility 23.91Airgas Intermountain Operating Expense 808.40 AllAccess OperatingExpense 1,278.20AmberReilmann OperatingExpense 182.52ArapahoeHeatingSvc OperatingExpense 1,435.42Arnold&Associates OperatingExpense 2,600.00AsphaltSpecialtiesCo OperatingExpense 457,143.00Auto-CholorSystem MaintAgreemant 181.50BergmanGunsmithy OperatingExpense 163.91BlackHillsEnergy MonthlyUtility 1,719.78BoralAggregates OperatingExpense 17,436.22CarolynBurgener OperatingExpense 200.00CatherineLambert ContractServ 1,068.00CatholicCharities OperatingExpense 297.50Ccom/Chc, Operating Expense 152.00 Cdac Training 37.50Cdw Government Operating Expense 7,080.15 Centurylink MonthlyUtility 6,536.54CertifiedLaboratories OperatingExpense 859.13ChiefSupplyCorporation OperatingExpense 271.36

Co Assessors Association Dues 1,042.00 CoCommunity LegalAdvertising 4,381.00Co Counties . Foundation Training 700.00 CoDeptOfHealth&Envi VitalRecords 271.50CoSpringsDodge VehicleLease 25,521.00Comcast EquipUnder$5000 169.80CommunityMediaOfCo Advertising 92.50Coplogic OperatingExpense 15,000.00CorporateBilling OperatingExpense 237.25CorrectionalHealthcare MedicalServices 11,490.58CreditUnionOfCo CreditCardTransactions 2,705.04Ctsi InsurancePayment 89,798.39D-JPetroleum Fuel 32,295.74DallaSchroeder Reimbursment 62.30DansTrash MonthlyUtility 1,021.80DebbieScoggin Reimbursment 38.06DeepRock MonthlyUtility 8.45DepartmentOfLabor OperatingExpense 90.00DominionVotingSystems OperatingExpense 3,000.00DragonEsp OperatingExpense 191.41DriveTrainIndustries OperatingExpense 362.77DvmInsuranceAgency OperatingExpense 1,122.77E470PublicHwyAuthority OperatingExpense 30.60EdKovitz ProfFees 300.00ElPasoCounty Autopsies 1,350.00ElbertCountyR&B Fuel 11,956.48ElbertCountyTreasurer OperatingExpense 2,627.03ElizabethFireDept. OperatingExpense 450.00ElizabethStorage MonthlyUtility 119.00EmergencyVehicleSpec AutoRepair 1,411.52EnertiaConsultingGr OperatingExpense 16,226.10FairPointComm MonthlyUtility 245.90FastenalCompany OperatingExpense 954.05FlaglerCoop OperatingExpense 376.00FrontRangeKubota OperatingExpense 578.33FrontierBusiness CopierExpense 1,897.76G&KSvcs Uniforms 713.18GlaserGasCompany OperatingExpense 90.18Grainger Operating Expense 878.48 GreatWestLife&Annuity RetirementPlans 31,357.94GreenleafWasteSolutions MonthlyUtility 70.00Greenlee’sProAutoCare AutoRepair 537.73Ground Engineering Operating Expense 16,065.00

HendricksMark FsaReimbursement 208.30HensleyBattery OperatingExpense 269.78HomeDepotCreditSvc OperatingExpense 938.14IntergratedVotingSol Printing 22,575.80Irea MonthlyUtility 6,673.99InterstateBatteryOfCo OperatingExpense 412.02J2GlobalComm VitalStatistics 152.95JerriSpear Reimbursment 429.50JodieSherrier Reimbursment 148.71JohnDeereFinancial OperatingExpense 36,051.64KansasStateBank OperatingExpense 43,695.20KimballMidwest OperatingExpense 47.18Kiowa Storage Operating Expense 145.00 Kiowa Water & Waste Operating Expense 2,775.71 KyreiZion Reimbursment 252.60LabCorp ProfFees 114.00LarryRoss Reimbursment 113.40LegacyTeledataSvc OperatingExpense 3,146.83LegalShield PayrollPayable 741.25Levi’sRagsIi ShopSupplies 90.00Lewan&Associates OfficeSupplies 89.40LyleSignNm7165 OperatingExpense 881.80M7BusinessSystems OfficeSupplies 575.31MattMartinich ContractService 134.00Mcafee OperatingExpense 363.78Mcc&LesIntlTrucks OperatingExpense 22.38Mhc Kenworth Operating Expense 264.85 MonicaScharf DeputyComp 200.00MountainViewElectric MonthlyUtility 343.07Mulvihill&FruhwirthPc OperatingExpense 4.00Myron OperatingExpense 288.54NextelCommunications MonthlyUtility 546.42ParkerPort-A-Potty. MonthlyUtility 241.00PhoenixTechnology OperatingExpense 14,150.00PitneyBowes Postage 4,999.39PostmasterGeneral Postage 74.00PowerMotiveCorp OperatingExpense 112.20PsychologicalDimensions OperatingExpense 175.00PurewaterDynamics OperatingExpense 50.00QuillCorporation OfficeSupplies 787.86Ranchl&News ProfFees 36.56RichardPettitt OperatingExpense 47.30ParkerPort-A-Potty MonthlyUtility 195.00

RockPartsCo OperatingExpense 3,780.58RkyMtnCleaningSystems OperatingExpense 168.00Sam’sClub OperatingExpense 47.92SchmidtConstruction OperatingExpense 6,721.83SimlaAutomotive AutoRepair 40.00Sprint OperatingExpense 192.32StaceyRinehart Reimbursment 23.06StaplesAdvantage OfficeSupplies 1,353.05StateOfCo GravelPitFees 2,604.63StateWire&Terminal OperatingExpense 82.10Stericycle OperatingExpense 152.51StoneOilCo Fuel 13,981.37Summertime Enterprises Operating Expense 400.00 SyscoFoodSvcs OperatingExpense 4,362.84TheCoCardioResuscitation OperatingExpense 150.00TheHartford PayrollPayable 1,350.06Thimgan ContractedServices 3,000.00Tlo Dues 222.25Todd Companies Operating Expense 450.00 TownOfDillon OperatingExpense 8,000.00TownOfSimla MonthlyUtility 120.30TranswestTrucks OperatingExpense 295.81TrueValueHardware OperatingExpense 238.11UmbBankNa OperatingExpense 40,556.25UniversityOfCo Training 200.00Ups Postage 30.31VerizonWireless MonthlyUtility 1,565.18WagnerEquipmentCo OperatingExpense 325.86WasteManagement MonthlyUtility 801.43WellsFargo OperatingExpense 347,750.00WittBoys-Napa OperatingExpense 842.08WrigleyEnterprises OperatingExpense 85.76Xerox Corporation Copier Expense 1,766.84 Y Time Contract Serv 65.80 ZeeMedical MedicalSupplies 58.50

Legal Notice No.: 231106First Publication: december 18, 2014Last Publication: december 18, 2014Publisher: Elbert County News

Government Legals

Women from Castle Rock’s Faith Lutheran Church donated more than 75 handmade quilts to the Douglas/Elbert Task Force Dec. 9 as part of Colorado Gives day. The women met every Thursday for a year to design and sew the quilts they hope will keep the less fortunate warm this holiday season. The quilts used donated fabric. The group also made small, lap-sized quilts for Alzheimer’s patients that are adorned with different textural elements for patients to hold. Photo by Mike DiFerdinando

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Xcel Energy believes that solar energy is a big part of a clean energy future.

But to bring the greatest benefits of solar to the greatest number of people, we have to do it right.

Using the same dedication to renewable energy that made us the number one wind utility in the nation, Xcel Energy is working to develop and support large-scale solar projects that deliver clean, renewable solar energy at a lower cost.

A clean energy future to build on. A strong energy grid to depend on. Xcel Energy believes our customers deserve both.

WE BELIEVE IN SOLAR ENERGY.

IN A BIG WAY.IN THE RIGHT WAY.

xcelenergy.com/ResponsibleSolar © 2014 Xcel Energy Inc.

13-XCLOOS-00573-D_SOLAR_RightWay_10.25x8.5_FNL.indd 1 11/10/14 9:04 AM

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For Voting Us Best ofARVADA, GOLDEN, CENTENNIAL,

ENGLEWOOD, BRIGHTON, LONETREE

�ank YouCALM AFTER THE STORM SM

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