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September 2003 Resume

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DISTRICT COURT, WATER DIVISION 1, COLORADO SEPTEMBER 2003 WATER RESUME TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of September, 2003 for each County affected. 03CW310 Gerstenberger Brothers Farm, 432 South Leyden St., Denver, CO 80224. Application for Underground Water Right, IN ARAPAHOE COUNTY. Gerstenberger Well located in the NE1/4 SE1/4 S18 T4S, R60W of the 6th P.M., 1320’ from S section line and 126’ from E section line. Source: Sandrock and Shale. Depth: 534’ Appropriation: 8/18/1954 Amount claimed: 7 gpm Use: Household and water for livestock. (3 pages + 4 attachments) 03CW311 Otis Gordley Jr. and Patricia M. Gordley, 19433 MCR Q, Ft. Morgan, CO 80701. Application for Change of Water Right, IN MORGAN COUNTY. Espstein, Harris & Co. Well No. 4: located in the SW1/4 SE1/4 S8 T3N R57W of the 6th P.M., 308’ north and 1470’ west of the SE corner of said Section 8. Esptein, Harris & Co. Well No. 5: located in the SW1/4 SE1/4 S8 T3N, R57W of the 6th P.M., 348’ north and 1876’ west of the SE corner of said Section 8. Epstein, Harris & Co. Well No. 7: located in the SW1/4 SE1/4 of S8 T3N R57W of the 6th P.M., 284’ north and 2487’ west of the SE Corner of Section 8. Well No. Source Appropriate Date, etc. Use 4 Groundwater 8-18-1958

.12 cubic feet per second Commercial and stock watering

5 Groundwater 3-15-1947 .12 cubic feet per second

Commercial and stock watering

7 Groundwater 8-24-1950 .12 cubic feet per second

Commercial and stock watering

(2 pages + 3 attachments) 03CW312 Debra Renee Powers, P. O. Box 70, Indian Hills, CO 80454, (Carrie L. Ciliberto, Esq. Ciliberto & Assoc., LLC, 1660 Lincoln St., Suite 1700, Denver, CO 80264). Application for Approval of Plan for Augmentation, IN JEFFERSON COUNTY. Names and locations of structure: Well Permit No. (the “Well”), located in the SE ¼ of the NE ¼ of Section 2, Township 5 South, Range 71 West of the 6th P.M. No other water rights are diverted from these structures. Water rights to be used for augmentation: Return flows from in-house, commercial and irrigation purposes on Applicant’s land described on Figure 1 and attached hereto (the Subject Property) will be used for augmentation. Also, Applicant has entered into an Agreement to purchase 3.5 shares of Mountain Mutual Reservoir Company (“MMRC”) from North Fork Associates (“NFA”). MMRC is a nonprofit Colorado corporation which has been created for the following principal purposes: (a) to receive and hold title to direct flow and storage water rights, reservoirs, and interests therein, lands, easements, rights-of-way, and other related facilities, in trust for its shareholders; and (b) to administer water rights and operate facilities for its shareholders, in accordance with individual plans for augmentation approved by the Water Court. The purchase of the MMRC shares will provide direct flow rights in the Harriman and warrior Ditch Companies (“Ditch Company”) and storage rights in the Soda Lakes Reservoir and Mineral Water Company (“Reservoir Company”). Water rights proposed for Applicant’s plan for augmentation provided by MMRC will include portions of the yield of the shares of the Reservoir Company and the Ditch Company.


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A. Harriman Ditch:

The Harriman Ditch diverts water from Bear Creek and Turkey Creek. The Bear Creek headgate is

located on the south bank of the Creek, in Section 2, Township 5 South, Range 70 West of the 6th P.M., in Jefferson County. The Turkey Creek headgate is located on the south bank of the Creek, near the SW comer of Section 6, Township 5 South, Range 69 West of the 6th P.M. Jefferson County. The following water rights are decreed to the Harriman Ditch:

Appropriation Date

Priority Number

Source

Amount

April 15, 1868 21 Turkey Creek 10.75 March 16, 1869 23 Bear Creek 7.94 May 1, 1871 25 Bear Creek 25.54 March 1, 1882 30 Bear Creek 12.87

The water rights are decreed for irrigation, domestic and municipal uses. MMRC owns 7.71

shares of 400 shares issued and outstanding in the Harriman Ditch Company. B. Warrior Ditch:

The Warrior Ditch also diverts water from Bear Creek and Turkey Creek. The original points of

diversion of the Warrior Ditch were changed by the District Water Court in Case No. W-8344-76 on May 22, 1979, to the present location of the Harriman Ditch headgates. The following water rights are decreed to the Warrior Ditch:

Appropriation Date Priority Number

Source

Amount

December 1, 1864 4 Bear Creek 12.33 April 16, 1862 8 Turkey Creek 2.86 October 31, 1864 14 Bear Creek 25.47 April 1, 1865 16 Bear Creek 11.49

The water rights were originally decreed for irrigation uses. MMRC owns 2.0 shares of 160 shares issued and outstanding in the Warrior Ditch Company.

C. Soda Lakes Reservoir Nos. 1 and 2:

The Soda Lakes Reservoirs Nos. 1 and 2 located in Section 1, Township 5 South, Range 70 West, 6th P.M. in Jefferson County Colorado. The source of water is Bear Creek. MMRC owns 8.71 shares of the 400 shares issued and outstanding in the Soda Lakes Reservoir and Mineral Water Company (hereinafter "Soda Lakes"). The following water rights are decreed to Soda Lakes:

Appropriation Date Amount

(acre-feet) February 11, 1893 1,794.0 February 11, 1893 598.0

D. Meadowview Reservoir: The structure is located in the NE ¼ SW ¼ and the NW ¼ SE ¼ of Section 26, Township 5 South, Range 71 West of the 6th P.M., Jefferson County, Colorado. Meadowview Reservoir was awarded a conditional water right in Case No. 01CW294, in an amount of water up to fifty (50) acre-feet, for augmentation, replacement, exchange and substitution purposes, with the understanding that the amount will be reduced to the difference between fifty (50) acre-feet and the volume of water decreed in Case No. 94CW290 for the same purposes. The source is water tributary to North Turkey Creek. Harriman Ditch and warrior Ditch direct flow water and water available to MMRC in the Soda Lakes Reservoir Nos. 1 and 2 will also be stored in Meadowview Reservoir by exchange pursuant to the


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appropriative rights of substitution and exchange decreed in Case No. 00CW060 and 01CW293, and the currently pending claim in Case No. 94CW290. E. Firm yield of portfolio: The overall “firm” yield of consumptive use water available from the MMRC portfolio of Bear Creek and Turkey Creek water rights and storage facilities was quantified in the decree entered by the District Court for Water Division 1 in Case No. 01CW293, dated July 16, 2003. The terms and conditions under which the Bear Creek and Turkey creek water rights are used for augmentation and replacement purposes are set forth in the decree in Case No. 00CW293, and are deemed to be res judicata in future proceedings involving such rights, pursuant to Williams v. Midway Ranches, 938 P.2d 515 (Colo. 1997). Reference is made to the decree in Case No. 01CW293 for more detailed information. 4. Plan for augmentation: The total consumptive use water requirement will be 0.110 of an acre-foot of the annual firm yield of 39.0 acre-feet of the Bear Creek Rights. These requirements are needed at the point on Myers Gulch in the NE ¼ NE ¼, Section 2, Township 5 South, Range 71 West of the 6th P.M., in Jefferson County, Colorado. This is upstream of the points of replacement at the confluence of Bear Creek and Turkey Creek in the NE ¼ NW ¼ of Section 5, Township 4 South, Range 69 West of the 6th P.M. and at the headgate of the Harriman/Warrior Ditches in the NE ¼ NE ¼ of Section 2, Township 4 South, Range 70 West of the 6th P.M.

The following exchange reach should be claimed at the maximum rate of 0.001 cfs: From the confluence of Bear Creek and Turkey Creek in the NE ¼ NE ¼, Section 5, Township 5 South, Range 69 West up Bear Creek to the confluence of Myers Gulch in the SE ¼ SE ¼, Section 35, Township 4 South, Range 70 West; thence up Myers Gulch to the point of depletions in the NE ¼ NE ¼, Section 2, Township 5 South, Range 70 West, all in the 6th P.M.

5. Adjudication of the existing and proposed wells: Within the development there is one permitted well drilled under Permit No. 91248, located 1,280 feet from the North Section Line and 1872 feet from the East Section Line, SE ¼ NE ¼, Section 2, Township 5 South, Range 71 West of the 6th P.M. The maximum sustained pumping rate of the well is 3.0 gallons per minute, absolute. The date of appropriation is March 27, 1978, as a result of the drilling of the well. The well permit is attached as Exhibit A. Applicant acknowledges that she will reapply for a well permit once this application is approved. 6. Administration of Plan: Appropriate accounting forms will be established for reporting usage and releases throughout each year. Such forms will be approved by Mountain Mutual Reservoir Company and the appropriate staff of the State Engineer’s Office, Water Division 1. 7. Water requirements: Applicant owns approximately 10.5 acres of land, located in the SE ¼ NE ¼ of Section 2, Township 5 South, Range 71 West of the 6th P.M. Applicant will use the one well described above to provide water service for ordinary household use for one (1) dwelling, lawn irrigation and for domestic animal watering for up to six (6) horses. Requirements Use Water

Requirement Units Quantity

Acre-feet

CU rate Total Ac-ft

Summer Ac-ft

Winter Ac-ft

In-house

80 gl/cap/dy 1 0.314 10% 0.0314 0.0157 0.0157

Horses 10 gl/hd/dy 6 0.067 100% 0.0672 0.0336 0.0336 Lawn irr. 1.25 ac-ft/ac. 0.0115 0.014 80% 0.0115 0.0115 0.0000 Total 0.40 0.110 0.061 0.049


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8. Name and address of owners of land where structures are located:

a. Harriman Ditch and Warrior Ditch: Harriman Ditch Company, c/o Jerry Foster, 1600 West 12th Avenue, Denver, Colorado 80254.

b. Soda Lakes Reservoir Nos. 1 and 2: Soda Lakes Reservoir and Mineral Company, c/o Jerry Foster, 1600 West 12th Avenue, Denver, CO 80254.

c. The subject property described in Figure 1: Applicant, Debra Renee Powers.

(9 pgs)

03CW313, Alan J. Levine, 4756 Crawford Gulch Road, Golden, CO 80403. Application for Water Storage Right, IN JEFFERSON COUNTY. Levine Pond, located in the NE1/4 NW1/4 S24 T3S, R71W of the 6th P.M., 480’ from N and 3200’ from E section line. Source: Crawford Gulch. Appropriation initiated: 7/15/2003. Amount claimed: 10 acre ft. Use: Fire Protection, Recreation, Wetland. (3 pages + 3 attachments) 03CW314 City of Evans, 1100 37th St., Evans, CO 80620. (David W. Robbins, Esq., Hill & Robbins, PC, 1441 18th St., Suite 100, Denver, CO 80202) Application for Change of Water Rights and Approval of Exchange, IN LARIMER AND WELD COUNTIES. General Description of the Application: This application seeks judicial approval of proposed changes of water rights represented by shares of stock in the Greeley and Loveland Irrigation Company and the Seven Lakes Reservoir Company, and by contract rights in the Loveland and Greeley Reservoir (a/k/a Lake Loveland).

1. Decreed name of structures for which changes are sought from previous Decree: The water rights for which changes are sought in this application are represented by Evans’ ownership of 37.17 shares in the Greeley and Loveland Irrigation Company, 8 shares in the Seven Lakes Reservoir Company, and 8 contract rights in the Loveland and Greeley Reservoir. The Companies hold legal title to the following water rights:

A. Barnes Ditch

1) Decree information:

Appropriation Adjudication Amount Date Date Court 18.56 cfs 10/20/1865 5/28/1883 Boulder District Court 12.06 cfs 06/01/1867 5/28/1883 Boulder District Court 19.93 cfs 06/23/1873 5/28/1883 Boulder District Court

2) Decreed point of diversion: In Section 17, Township 5 North, Range 69 West, 6th P.M., Larimer County. The historic point of diversion is on the North side of the Big Thompson River in the NW 1/4 of the SE 1/4 of said Section 17. The Barnes Ditch has an


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alternate point of diversion on the Big Thompson River in Section 15, Township 5 North, Range 69 West, 6th P.M., Larimer County.

3) Source: Big Thompson River.

4) Use: Irrigation.

5) Portions of the Barnes Ditch water rights are owned by and delivered to owners of certain contractual rights, commonly referred to as “inches.” These rights are not included in this application.

B. Loveland and Greeley Canal. 1) Decree information:

Appropriation Adjudication Amount Date Date Court 297.44 cfs 04/01/1881 5/28/1883 Boulder District Court

2) Decreed point of diversion: The Loveland and Greeley Canal was decreed with two separate headgates, one located in Section 15 and one in Section 17, each in Township 5 North, Range 69 West, 6th P.M., Larimer County. The actual point of diversion of the Loveland and Greeley Canal is in the SW 1/4 of Section 15, Township 5 North, Range 69 West, 6th P.M., Larimer County.


4) Use: Irrigation.

C. Larimer County Irrigation and Manufacturing Ditch or the Chubbuck Ditch. 1) Decree information:

Appropriation Adjudication Amount Date Date Court 8.36 cfs 11/01/1865 05/28/1883 Boulder District Court 39.04 cfs 10/20/1870 05/28/1883 Boulder District Court 35.50 cfs 10/25/1873 05/28/1883 Boulder District Court 15.20 cfs 11/01/1878 05/28/1883 Boulder District Court

2) Decreed point of diversion: Diverts from the Big Thompson River through the

headgate(s) of the Loveland and Greeley Canal.


4) Use: Irrigation.


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5) Portions of the water rights decreed for diversion at the Chubbuck Ditch are owned by and delivered to owners of certain contractual rights, commonly referred to as “inches.” These rights are not included in this application.

D. Loveland and Greeley Reservoir (Lake Loveland). 1) Decree information:

Appropriation Adjudication Amount Date Date Court 14,238.7 AF 01/14/1893 06/29/1916 14,239 AF 01/14/1893 06/27/1978 District Court, Water Div. No. 1,

Case No. W-8665-77

2) Reservoir Location: In the NE 1/4 of Section 10, Section 11, and the N 1/2 of N 1/2 of Section 14, all in Township 5 North, Range 69 West, 6th P.M., Larimer County.

3) Source: Lake Loveland is an off-channel reservoir that is supplied by diversions from the Big Thompson River through the Barnes Ditch or the Louden Ditch. In addition, Lake Loveland is supplied by waters arising in the drainage basin into the reservoir.

4) Use: Irrigation, domestic, recreation, and industrial uses for lands and users under system of the Greeley and Loveland Irrigation Company System.

E. Seven Lakes Reservoir System.


Appropriation Adjudication

Amount Date Date Court 8,432 AF 04/28/1902 06/29/1916 8,432 AF 04/28/1902 06/29/1978 District Court, Water Div. No. 1,

Case No. W-8664-77.

2) Location of Storage: Seven Lakes Reservoir System consists of interconnected reservoirs located in Sections 30 and 31, Township 6 North, Range 68 West, 6th P.M.; Section 36, Township 6 North, Range 69 West, 6th P.M.; Section 1, Township 5 North, Range 69 West, 6th P.M.; and Sections 6 and 7, Township 5 North, Range 68 West, 6th P.M., all of which are in Larimer County, Colorado, the outlet of which is decreed as being located in the NW1/4 of the SE1/4, Section 6, Township 5 North, Range 68 West of the 6th P.M., at a point 1300 feet East and 850 feet South of the center of said Section 6, Larimer County, Colorado.

3) Source: Big Thompson River drainage. The lakes may be supplied by the Barnes Ditch, Lake Loveland, Little Barnes Ditch, Chubbuck Ditch, Louden Ditch, and the Loveland and Greeley Canal, as well as by the local drainages.


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4) The Seven Lakes Reservoir Company also owns 26 ½ shares of the 600 shares in the Louden Irrigation Canal Company, and the water produced by these shares is used within the Seven Lakes Reservoir Company system. The decree information on the rights of the Louden Ditch is as follows:

Appropriation Adjudication Amount Date Date Court 7.0 cfs 11/10/1861 05/28/1883 Boulder District Court 40.0 cfs 10/01/1871 05/28/1883 Boulder District Court 123.0 cfs 11/01/1877 05/28/1883 Boulder District Court 0.008 cfs 09/17/1883 05/29/1884 Boulder District Court

The historical place of diversion of the Louden Ditch, out of the Big Thompson River, is in the SW1/4 of the NW1/4 of Section 12, Township 5 North, Range 70 West, 6th P.M.

5) Use: Irrigation, domestic, recreation, and industrial uses.

F. Boyd Lake.


Appropriation Adjudication Amount Date Date Court 48,564 AF 04/28/1902 06/29/1916 44,031 AF 04/28/1902 06/27/1978 District Court, Water Div. No. 1,

Case No. W-8665-77.

2) Location of Storage: In Section 5, the SE 1/4 of Section 6, the E 1/2 of the E 1/2 of Section 7, Section 8, all in Township 5 North, Range 68 West, 6th P.M.; Section 29, the E 1/2 of the E 1/2 of Section 30, the E 1/2 of the E 1/2 of Section 31, Section 32, all in Township 6 North, Range 68 West, 6th P.M., Larimer County, Colorado.

3) Source: Boyd Lake is an off-channel reservoir that is supplied by diversions from the Big Thompson River through, the Barnes Ditch and delivered to Boyd Lake through Lake Loveland and Horseshoe Reservoir, or diverted and delivered by the Louden Ditch or by the Loveland and Greeley Canal. In addition, Boyd Lake is supplied by waters arising in the Dry Creek drainage basin and in the areas naturally sloping toward the Lake.

4) Historical Use: Irrigation, domestic, recreation, and industrial uses for lands and users under the Greeley and Loveland Irrigation Company system.

2. Proposed Changes: The shares and contract rights included in this application

were used to irrigate approximately 1,130 acres. Maps showing the approximate location of the


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historical use of the shares and contract rights are included as Exhibits A and B to the application.

Evans will not change the points of diversion at which water is diverted under the Companies’ water rights; however, Evans seeks approval to deliver water available under these shares and contract rights, whether such water is attributable to direct-flow or storage rights, to Boyd Lake and/or Lake Loveland for treatment by the City of Greeley, which water will then be delivered to Evans for all municipal purposes within its current and future service areas, including but not limited to domestic, irrigation, watering of lawns, parks and grounds, commercial, industrial, mechanical, manufacturing, fire protection, sewage treatment, street sprinkling, recreational, storage for later use, operational detention, replacement, and all other beneficial purposes related to the operation of municipal water and sewer services. To the extent return flows attributable to the new use of the shares and contract rights are not sufficient to maintain historical return flows, Evans further seeks approval to deliver water available under these shares and contract rights to the Big Thompson River or the South Platte River as necessary to maintain historical return flows. To the extent return flows attributable to the new use of the shares and contract rights that are the subject of this application exceed the historical return flows therefrom, Evans seeks confirmation of the right fully to consume that incremental amount, whether by reuse, successive use, exchange, sale or otherwise. A map showing the decreed points of diversion and Evans’ current and future service area is attached to in the application filed by Evans in Case No. 96CW958, which is on file with the Water Clerk for Water Division 1. A summary of diversion records showing diversions under the Companies’ water rights is included as Exhibit B to the application filed by the City of Greeley, acting by and through its Water and Sewer Board, in Case No. 99CW235, which is on file with the Water Clerk for Water Division 1.

3. Names and addresses of owners of land on which structures are located:

Structures involved in this application are owned by the Greeley and Loveland Irrigation Company and the Seven Lakes Reservoir Company, whose address is 808 23rd Avenue, Greeley, Colorado 80631, or the Louden Irrigation Canal Company, whose address is c/o Steve Dyekman, Superintendent, 1606 Abeyta Court, Loveland, Colorado 80538. The wastewater treatment plant outfalls are owned by Evans.

4. Approval of Exchange

To the extent return flows from Evans’ municipal use of water available under its

additional shares and contract rights exceed its historical return flow obligations, Evans seeks approval to make additional or successive use of and to fully consume the surplus flows by direct delivery or exchange, including without limitation consumption by any methods after discharge of such excess return flows from the Evans wastewater treatment plant outfall which discharges to the South Platte River is the SW ¼ of Section 21, Township 5 North, Range 65 West, 6th P.M., Weld County, Colorado, and the Hill ‘N Park wastewater treatment plant outfall, which discharges to an unnamed tributary of Ashcroft Draw, a tributary of the South Platte River, in the NW ¼ of Section 36, and/or the NE ¼ of Section 35, all in Township 5 North, Range 66 West, 6th P.M., Weld County, Colorado. The rate of exchange is 15 c.f.s., conditional, with an appropriation date of December 1, 1994. (6 pgs, attachments – 2 pgs)


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03CW315 JOEL SHOENEMAN, 8672 WCR 73, Roggen, CO 80652. Application for Water Storage Right, IN WELD COUNTY. Shoeneman Holding Pond #1 located in the SW1/4 NW1/4 T2N, R62W of the 6th P.M.; 1700’ from N and 500 feet from West Section Line. Shoeneman Holding Pond #2 located in the SW1/4 NW1/4 S19 T2N R62W of the 6th P.M.; 1700’ from the North Section and 792” ‘ from the West Section line. Source: Lost Creek. Appropriation: 12/31/1968. Amount claimed: 6 acre ft. absolute. To refill when water in priority. Use: Irrigate 56 acres. (4 pages) 2003CW316 CITY OF LAKEWOOD, (90CW185, 96CW925) c/o Richard J. Plastino, Director of Public Works, 480 South Allison Parkway, Lakewood, CO 80226-3105, (Raymond L. Petros, Jr., Esq., David S. Hayes, Esq. Petros & White, LLC, 730 17th Street, Suite 820, Denver, Colorado 80202-3518). Application for Finding of Reasonable Diligence (Pioneer Union Ditch, Lakewood Enlargement), IN JEFFERSON COUNTY. 2. Name of Structure: Pioneer Union Ditch, Lakewood Enlargement. 3. Description of conditional water right: A. Decree: A decree was entered on February 19, 1992 by the District Court, Water Division No. 1, in Case No. 0CW185. A portion of the water right was subsequently made absolute, as described below, and a finding of reasonable diligence was made for the remaining conditional right in Case No. 96CW185 on September 29, 1997. B. Point of Diversion: The point of diversion is the Pioneer Union Ditch headgate on the North side of Bear Creek in Section 32 of T. 4 S., R. 69 W. of the 6th P.M., in Jefferson County, Colorado. C. Place of Storage: Golf course ponds located in the NW 1/4, NE 1/4, and SE 1/4 of Section 32, and the NW 1/4 and SW 1/4 of Section 33, T. 4 S., R. 69 W. of the 6th P.M. (“Golf Course Ponds”) D. Source: Bear Creek and its tributaries; Bear Creek is a tributary of the South Platte River. E. Appropriation Date: July 16, 1990. F. Conditional Amount: 5 cubic feet per second (c.f.s.) conditional when used by direct flow for the remaining conditional uses described below, and a cumulative total of 60 acre-feet conditional when used for storage in the Golf Course Ponds for the remaining conditional uses described below. G. Conditional Use: Year round use by direct application or by storage for augmentation, replacement and exchange purposes. Lakewood may fully consume the water, and may refill and successively fill the Golf Course Ponds. H. Absolute Use & Amount: Year round use by direct application or by storage for irrigation, recreational and piscatorial purposes was made absolute in Case No. 96CW185, in the amount of 5 c.f.s. when used by direct flow, and a cumulative total of 60 acre-feet when used for storage. Lakewood has the right to refill and successively fill the Golf Course Ponds. 4. Detailed outline of work done to complete project and apply water to beneficial use: The conditional right (the “Subject Conditional Right”) decreed in Case No. 90CW185 is an integral part of Lakewood’s recreational and open space development of Bear Creek Lake Park (“Park”). The Park is located on lands owned by Lakewood and on lands leased to Lakewood by the Army Corps of Engineers. Lakewood manages the Park and operates certain recreational facilities within the Park, including picnic areas, a campground, and equestrian facilities, as well as two adjacent municipal golf courses. During the subject Diligence Period (September 1997 to the present), Lakewood spent considerable time and money on the development of the Park, and large expenditures of money will be required in the future to continue this development. Lakewood’s efforts to develop the Park and the Subject Water Rights during the Diligence Period support a finding of reasonable diligence. The specific diligence work performed by Lakewood during the


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Diligence Period follows: A. Lakewood constructed and opened the Homestead Golf Course at the Park during the Diligence Period. As part of this effort, Lakewood filed an application in Case No. 2000CW23, District Court, Water Division No. 1, seeking to change certain shares in the Warrior Ditch Company and the Soda Lakes Reservoir and Mineral Water Company to allow use of the shares for irrigation at Homestead Golf Course. A final decree has not yet been entered in Case No. 2000CW23, and the Subject Conditional Right may be necessary to satisfy the terms and conditions of an eventual decree. B. Lakewood filed an application in Case No. 2000CW25, District Court, Water Division No. 1, seeking approval of an augmentation plan for wells located within the Park. The Subject Conditional Right may be integrated into this pending augmentation plan as a source of augmentation water. C. Lakewood filed an application in Case No. 2000CW24, seeking a conditional storage right in Soda Lakes Reservoirs. This conditional storage right, if approved, will be used in part to serve the water demands of the Park, in conjunction with the Subject Conditional Right. D. Lakewood performed general repair and maintenance on the storage and diversion structures for the Subject Conditional Right, including, without limitation, pest control, installation of aeration systems, and repairs to the outfall structure to Bear Creek. E. In addition to the foregoing, Lakewood has incurred considerable legal fees, engineering fees and other expenses opposing the applications of other water users on Bear Creek as necessary to protect and preserve the Subject Conditional Right. 5. Names and addresses of owners of land on which structures are located: The Pioneer Union Ditch, the Golf Course Ponds and the Fox Hollow Golf Course are located on property owned by the United States of America, Army Corps of Engineers. Omaha District, U.S. Army Corps of Engineers, 106 South 15th Street, Omaha, Nebraska 68102, Tri-Lakes Project Office, U.S. Army Corps of Engineers, 9307 S. Wadsworth Blvd., Littleton, Colorado 80128, The City of Lakewood has a long-term lease with the United States allowing it to use and occupy the underlying property for public park and recreation purposes. WHEREFORE, Lakewood respectfully requests that the Court enter a decree continuing in full force and effect the Subject Conditional Right described in paragraph 3. (4 pages) 03CW317 KENNETH L. and JEANETTE HAGEMAN, 23468 E. Long Place, Aurora, CO 80016. Application for Underground Water Right, IN LARIMER COUNTY. Hagemann Well, Permit #236521 located in the SW1/4 SW1/4 S21 T10N, R73W of the 6th P.M., 410’ from S section line and 650’ from W section line. Source: Underground Water. Depth: 500’ Appropriation: 1/26/2002 Amount claimed: 5 gpm Use: Household (3 pages + 3 attachments) 03CW318, REINALDO GALLEGOS, MARIANNE GALLEGOS, HAROLD GALLEGOS, ELLEN GALLEGOS AND GENE GALLEGOS, PLAINTIFFS-APPELANTS V. MR. HAROLD D. SIMPSON, IN HIS CAPACITY AS THE COLORADO STATE ENGINEER, AND MR. JAMES HALL, IN HIS CAPACITY AS THE DIVISION ENGINEER FOR WATER DIVISION 1, DEFENDANTS-APPELEES, Harold and Ellen Gallegos, 9133 West 66th Place, Arvada, CO 80004, Reinaldo, Marianne and Gene Gallegos, 6731 Lowell Boulevard, Denver, CO 80222, c/o Timothy R. Buchanan, P.C., 7703 Ralston Road, Arvada, CO 80002. Complaint for Declaratory Judgment Pursuant to §§13-51-101 et seq. and C.R.C.P. 57, IN WELD COUNTY, 03CW 319 (90CW136) PEACEFUL VALLEY RANCH, LLC, 475 Peaceful Valley Road, Lyons, Colorado 80540-8951, (970) 747-2881. (Wendy S. Rudnik, Esq., Bernard, Lyons,


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Gaddis & Kahn, P.C., P.O. Box 978, Longmont, CO 80502-0978, (303) 776-9900.) APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE A CONDITIONAL WATER RIGHT IN BOULDER COUNTY. CONDITIONAL EXCHANGE. In 1998, Peaceful Valley Recreation Center, Inc. deeded the subject water rights to Peaceful Valley Ranch, LLC. 2. Conditional Water Right. Peaceful Valley Exchange. 3. Description of Conditional Water Rights. a) Original Decree. Entered January 28, 1991 in Case No. 90CW136, District Court for Water Division No. 1. b) Location. The Peaceful Valley Exchange is operated by exchanging water from the headgate of the Longmont Supply Ditch located on the north bank of St. Vrain Creek in the SE¼, SW¼, Section 22, Township 3 North, Range 70 West of the 6th P.M. at point whence the South quarter corner of said Section 22 bears North 68°12’00” West, a distance of 1,020 feet, more or less to the following structures: i) Longevity Spring. Located in Block 10, Peaceful Valley Subdivision, according to the Plat recorded in the County of Boulder, State of Colorado, a distance of 1,670 feet from the West section line and 800 feet from the South section line of Section 18, Township 2 North, Range 72 West of the 6th P.M. ii) Peaceful Valley Well No. 1. Located in the SE¼ of the SE¼ of Section 18, Township 2 North, Range 72 West of the 6th P.M., Boulder County, Colorado, 170 feet from the South section line and 730 feet from the East section line. iii.) Peaceful Valley Pond. Located in the SW¼ of the SE¼ of Section 18, Township 2 North, Range 72 West of the 6th P.M., Boulder County, Colorado, 1,050 feet from the South section line and 2,450 feet from the East section line of said Section 18. c) Source. St. Vrain River and its tributaries. d) Appropriation Date. July 31, 1990. Amount: 0.034 cfs, up to 2.37 acre feet per year. e) Use. After exchange, water is decreed to be used for domestic use, horse watering, lawn irrigation and replacement of depletions caused by evaporation. 4. Decree Making Absolute and Finding of Diligence. The Peaceful Valley Exchange was made absolute for the full amount of 0.034 cfs up to 2.37 acre feet to all three upstream points or exchange for horse watering use, and the conditional water right was continued for domestic use, lawn irrigation, and replacement of depletions caused by evaporation in Case No. 97CW071, the previous diligence case, decreed on September 12, 1997, District Court for Water Division No. 1. 5. Claim To Make Absolute. In water year 1998, the exchange was operated and used for domestic use in the Peaceful Valley Lodge, used to irrigate 14,000 square feet located in Section 18, Township 2 North, Range 72 West of the 6th P.M., and used for the replacement of depletions caused by evaporation off of Peaceful Valley Pond. 6. Alternate Claim For Diligence. If the claim to make the exchange absolute is not granted, the Applicant requests a finding of diligence. The Applicant has expended approximately $33,000 during the diligence period on a new surge tank, pumps and other improvements to the well, work done on the water treatment facility, and on fees to professional engineers to account for water uses at the Peaceful Valley Lodge and associated facilities, including the amounts exchanged and used pursuant to this conditional water right. This amount was expended in an effort to make Applicant’s remaining conditional water rights absolute. CONDITIONAL UNDERGROUND WATER RIGHT 7. Conditional Water Right. Peaceful Valley Well No. 1. 8. Description of Conditional Water Right. a) Original Decree. Entered January 28, 1991 in Case No. 90CW136, District Court for Water Division No. 1. b) Location. Peaceful Valley Well No. 1 is located in the SE¼ of the SE¼ of Section 18, Township 2 North, Range 72 West of the 6th P.M., Boulder County, Colorado, 170 feet from the South section line and 730 feet from the East section line. The well has a total depth of approximately 500 feet. c) Source. Ground water tributary to the Middle Fork of the St. Vrain River. The well has a total depth of approximately 500 feet. d) Date of


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Appropriation. August 29, 1989. e) Amount Claimed. 10 gpm, ABSOLUTE; 5 gpm, CONDITIONAL. f) Use. Commercial. 9. Decree Making Absolute and Finding of Diligence. The water right associated with Peaceful Valley Well No. 1 was made absolute for 10 gpm and the conditional water right was continued for 5 gpm in Case No. 97CW071, the previous diligence case, decreed on September 12, 1997, District Court for Water Division No. 1. 10. Claim to Make Absolute. On December 21, 1999, Applicant operated the Peaceful Valley Well No. 1 in priority at a rate over 15 gpm and applied the water to the decreed beneficial use. 11. Alternate Claim for Diligence. If the claim to make the remaining 5 gpm of the conditional water right is not granted, the Applicant requests a finding of diligence. During the diligence period, the Applicant has expended approximately $33,000 on a new surge tank, pumps and other improvements to the well, work done on the water treatment facility, and on fees to professional engineers to account for water uses at Peaceful Valley Lodge and associated facilities, including this well. This amount was expended in an effort to make Applicant’s remaining conditional water rights absolute. WHEREFORE, the Applicant requests the Court to make the remaining conditional uses decreed to the Peaceful Valley Lodge Exchange and the remaining conditional amount for the Peaceful Valley Well No. 1 absolute, or in the alternative, to continue the conditional water rights for an additional diligence period. (4 pages) 2003CW320, City of Brighton, 22 South 4th Avenue, Brighton, Colorado 80601, Attn: John Bramble, City Manager. APPLICATION FOR UNDERGROUND WATER RIGHTS, CHANGE OF WATER RIGHTS, PLAN FOR AUGMENTATION, AND EXCHANGES, IN ADAMS AND WELD COUNTIES. All future correspondence and pleadings to: William H. Brown, Fischer, Brown & Gunn, P.C., P.O. Box Q, Fort Collins, CO 80522. The City of Brighton (“Brighton” or “applicant”) has three wells in Beebe Draw. By this application, Brighton seeks to adjudicate water rights for these wells for municipal purposes, including augmentation. Because the three wells are tributary to Beebe Draw, Brighton also seeks a decree for a plan for augmentation that will replace to Beebe Draw the out-of-priority depletions of the wells. Such depletions will be 100% of what is pumped if the water is exported from Beebe Draw. Brighton thus seeks the right to fully consume the Beebe Draw well water that returns to the South Platte River. This will be done by using the water for augmentation. The water will provide a source to augment Brighton's wells that are tributary to the South Platte River. Such augmentation water will be in addition to those sources identified in Brighton’s earlier-filed applications in 2000CW202 and 2002CW243. Brighton also claims the right to reuse and successively use the Beebe Draw well water that is brought over the South Platte drainage divide. However, to the extent that Beebe Draw well water is used so that return flows are to Beebe Draw, Brighton intends to augment only the consumed portion of such water at such times as the Beebe Draw wells may be pumped out of priority. The water to be used for augmentation of the Beebe Draw wells is to be provided from two sources. The first is by the change of use of the water to which Brighton is entitled because of its ownership of stock in the Farmers Reservoir and Irrigation Company (“FRICO”), Barr Lake Division (“FRICO/Barr”), and in the Burlington Ditch, Reservoir and Land Company (“Burlington Company”) Barr Lake System (“Burlington/Barr”). This change of use will allow such water to be used not only for its historical irrigation use, but also for all municipal uses, including augmentation use of the historically consumed portion of Brighton’s share water. The second source of augmentation water for the Beebe Draw wells will be that portion of the water pumped by Brighton’s South Platte River alluvial wells that returns to the Beebe Draw. Such returns may be both from returns after lawn irrigation and other outside uses, and returns following treatment of the South Platte well water at the Lochbuie Waste Water Treatment Plant. This plant discharges to Beebe Draw. This South Platte water returned to Beebe Draw is fully consumable. This is because it will have been fully augmented in accordance with the decrees sought by Brighton in 2000CW202 and 2002CW243, or substitute water supply plans for the operation of such applications until they are decreed. Finally, this application seeks the conditional decree of certain exchanges that are involved with the uses of the water by Brighton.2. UNDERGROUND WATER RIGHTS: Name(s) of well(s) and permit, registration, or denial number(s). (If permit applied for, but not acted upon, give date of permit application.) Well A – Existing Permit No. R13625-RF; new permit applied for September 22, 2003. Well B – Existing Permit No. 8980-RF; new permit applied for September 22, 2003. Well C – Existing Permit No. 035344-F; new permit applied for September 22, 2003. 3. Legal description of well (include distance and bearing from established government section corner or quarter corner; or distances from section lines, and indicate ¼ ¼,


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section number, township, range and meridian; include map). In urban areas, include street address, lot, block, and subdivision: Well A:

Required Description:

County Adams

SE 1/4 Of the

SW 1/4 Section

14 Township

1 South

Range 66

West

Principal Meridian

6th

Distance from section lines (section lines are typically not property lines) 300 Feet from the South section line and 3,500 Feet from the East section line

Street Address: 14425 Picadilly Road, Brighton, Colorado

Subdivision: N/A

Lot N/A

Block N/A

Well B: Required

Description: County Adams

SE 1/4 of the

SW 1/4 Section

14 Township

1 South

Range 66

West

Principal Meridian

6th



Subdivision: N/A

Lot N/A

Block N/A

Well C:

Required Description:

County Adams

SE 1/4 of the

SW 1/4 Section

14 Township

1 South

Range 66

West

Principal Meridian

6th



Subdivision: N/A

Lot N/A

Block N/A

Applicant’s wells are shown on Figure 1. 4. Source: Source for Wells A, B, and C is groundwater from the Beebe Draw Alluvium. 5. Depths: Well A – 64 Feet Well B – 64 Feet Well C – 69 Feet 6. Dates of appropriation: Well A –January 20, 1987 (well construction completed). Well B –January 20, 1987 (well construction completed). Well C – August 2, 1990 (date construction completed). 7. How appropriation was initiated: Well A -- Well construction was completed on January 20, 1987. Well B – Well construction was completed on January 20, 1987. Well C – Well construction was completed on August 2, 1990. 8. Dates water applied to beneficial use: Well A – June 30, 2002, pumped 822 gallons per minute (gpm) into municipal system; Well B –June 19, 2002, pumped 1,290 gpm to municipal system; Well C – June 25, 2002, pumped 1,000 gpm to municipal system. 9. Amounts claimed (The amounts listed below as “absolute” are the maximum amounts that have been pumped to date for municipal uses): Well A – 1,244 gpm Absolute as of July 4, 2003, plus 756 gpm Conditional, for total of 2,000 gpm Well B – 1,293 gpm Absolute as of June 11, 2003, plus 707 gpm Conditional for total of 2,000 gpm Well C – 1,176 gpm Absolute as of June 24, 2003, plus 824 gpm Conditional for total of 2,000 gpm Applicant requests that any portion


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of this application for underground water rights that is not decreed as absolute be decreed as conditional. 10. Proposed use (If non-irrigation, describe purpose fully): All municipal uses, including but not limited to domestic, mechanical, manufacturing, industrial, fire protection, sewage treatment, street sprinkling, irrigation of parks, lawns and grounds, augmentation and replacement, substitute supply, adjustment and regulation of municipal water systems, including further exchange with municipal water systems and with other water users, within the City of Brighton’s service area as it may exist both now and in the future. 11. Name(s) and address(es) of owner(s) of the land upon which any structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Brighton (22 South 4th Avenue, Brighton, Colorado 80601) owns the well field. Water will be placed to beneficial use within the service area of applicant as it now exists or may exist in the future. It is not practicable to list all of the names of owners of land within this area. Remarks: The municipal water use will include the provision of water that will be used for irrigation by applicant’s customers. It is not practicable to legally describe the locations of the lawn, landscape and garden areas to be irrigated by this water. CHANGE OF WATER RIGHTS: 12. Decreed names of structures for which change is sought: (indicate whether ditch, well, springs, reservoir, etc.) Oasis Reservoir, Barr Lake, Duggan Ditch, Burlington Ditch, and O’Brian Canal. From Previous Decrees:

Burlington Company’s Barr Lake System

Name Date Entered Case Number Court Oasis Reservoir July 8, 1893 CA11200 Arapahoe County District Court

Barr Lake July 8, 1893 CA11200 Arapahoe County District Court Duggan Ditch April 28, 1883 CA6009 Arapahoe County District Court

Burlington Ditch July 8, 1893 CA11200 Arapahoe County District Court

FRICO’s Barr Lake System

Name Date Entered Case Number Court Barr Lake August 2, 1918 CA54658

Denver County District

Court Barr Lake filling right via

Burlington Ditch and O’Brian Canal

August 2, 1918 CA54658

Denver County District Court

13. Decreed points of diversion (include map): Burlington Company’s Barr Lake System The Burlington South Platte River headgate is decreed as being located in Section 14, Township 3 South, Range 68 West of the 6th Principal Meridian. The Burlington Ditch First Creek headgate is decreed as being located in the Northwest quarter, Section 14, Township 2 South, Range 67 West of the 6th Principal Meridian The Burlington Ditch Second Creek headgate is decreed as being located in the Northwest quarter of the Southeast quarter, Section 6, Township 2 South, Range 66 West of the 6th Principal Meridian. The Burlington Ditch Third Creek headgate is decreed as located in the Northeast quarter of the Southeast quarter, Section 32, Township 1 South, Range 66 West of the 6th Principal Meridian. The Burlington Company also receives water from the Metro Wastewater Reclamation District’s plant’s pump station, which discharges to the ditch in Section 12, Township 3 South, Range 68 West of the 6th Principal Meridian. The Duggan Ditch, through decreed change of point of diversion, is diverted through the headgate of the Burlington Ditch. FRICO’s Barr Lake System The present Barr Lake is filled through the O’Brian Canal, an enlargement of the Burlington Ditch. The common South Platte River headgate of the Burlington Ditch and the O’Brian Canal is decreed as being on the right bank of the South Platte River in the Northeast quarter, Section 14, Township 3 South, Range 68 West of the 6th Principal Meridian. The decreed points of diversion, and the key ditch and reservoir facilities are shown on Figure 2. 14. Sources: Burlington Company’s Barr Lake System South Platte River, Sand Creek, First Creek, Second Creek, and Third Creek FRICO’s Barr Lake System South Platte River 15.Appropriation Dates and Amounts

Burlington Company’s Barr Lake System

Name Source Appropriation Date Amount Comment Oasis Reservoir South Platte River November 20, 1885 9,090.90 AF Storage right

Barr Lake South Platte River November 20, 1885 1,990.35 AF Storage right Duggan Ditch South Platte River April 1, 1864 16.28 cfs Direct flow right

Burlington Ditch South Platte River November 20, 1885 350.00 cfs Direct flow and filling right


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Burlington Ditch Sand Creek December 1, 1885 250.00 cfs Direct flow right Burlington Ditch First Creek September 1, 1886 50.00 cfs Direct flow right Burlington Ditch Second Creek November 15, 1886 250.00 cfs Direct flow right Burlington Ditch Third Creek September 15, 1887 250.00 cfs Direct flow right

FRICO’s Barr Lake System

Name Source Appropriation Date Amount Comment

Barr Lake South Platte River January 13, 1909 3,930.00 AF Storage right

Barr Lake South Platte River January 13, 1909 18,000.00 AF Storage right

Barr Lake South Platte River January 13, 1909 33,011.26 AF Refill right

Barr Lake filling right via Burlington Ditch and

O’Brian Canal

South Platte River January 13, 1909 900 cfs Filling right for Barr

Lake

Burlington Ditch and O’Brian Canal

South Platte River

March 9, 1908 600 cfs Direct flow right

16. Historic Use (Include a description of all water rights to be changed, a map showing the approximate location of historic use of the rights and records or summaries of records of actual diversions of each right the applicant intends to rely on to the extent such records exist.). The water rights to be changed are applicant’s pro rata interest in the water rights of the Burlington Company and FRICO. Applicant owns 143.08 shares of Burlington/Barr and 37 shares of FRICO/Barr. These shares are sometimes referred to as applicant’s changed share water. The number of issued and outstanding shares in the Burlington Company is 2,151.67, and in FRICO/Barr is 2,757.43. Applicant’s Burlington/Barr water was historically used on eight farms, and its FRICO/Barr water was used on four farms. The farms are located on Figure 3. The historical use of Brighton’s share ownership in these companies was for irrigation on the farms summarized in the tables below:

City of Brighton’s Burlington/Barr Shares Farm Location Information Certificate Information

Farm Name Section Township Range

West Basin Delivery Canal Brighton’s Certificate

#

Number of Shares Transferred to

Brighton Barr Lake

Estates Leased to Various Other

Farms Beebe Draw Unknown 3328 15

Dreyer 31 1 North 65 Beebe Draw E. Burlington 3339 & 3345 8.75 & 10

Chaves 15, 16, 22 1 North 65 Beebe Draw Neres 3346 60

Johnston 20 1 North 65 Beebe Draw E. Burlington 3492 15 Zajonckowski 36 1 North 66 Beebe Draw W. Burlington 3545 5

Andrews 29 1 North 65 Beebe Draw E. Burlington 3545 8.04 Andrews 15 1 North 65 Beebe Draw Neres 3545 9.29

Heckendorf 14 1 South 66 Beebe Draw E. &/or W. Burlington 3545 12

Total 143.08

City of Brighton’s FRICO/Barr Shares Farm Location Information Certificate Information

Farm Name Section Township North

Range West Basin Delivery Canal

Brighton’s Certificate

#

Number of Shares Transferred to

Brighton

Chaves 15, 16, 22 1 65 Beebe Draw Neres 6058 26


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Zajonckowski 36 1 66 Beebe Draw Speer 6856 6

Amato 1 1 66 Beebe Draw Speer 6856 2 Maier Unknown Beebe Draw Unknown 6856 3 Total 37

The historical use of all shares listed above has been for agricultural irrigation on the farms. 17. Proposed change: (a) describe change requested: alternate point of diversion/replacement/change of use; (if well, please list pertinent information from well permit) (b) location; (c) use; (d) amount; (e) give proposed plan for operation (if (b) thru (e) applicable, please give full descriptions.) No alternate points of diversion are requested, and it is applicant’s intent that the changed share water will be delivered to Barr Lake as has been historically done. The use of the water rights will be changed to add all municipal uses, augmentation use, storage, and use by means of exchange. No change in amount is sought. 18. The farms formerly irrigated with Applicant’s changed share water are no longer irrigated with that water. Historical return flows will be maintained as to amounts, provided ahead of time as to times of return, and placed in Barr Lake, which is upstream of the locations of returns. The return flows from the historical use of the changed share water accrued to the Beebe Seep Canal (a.k.a. Beebe Draw), upstream of FRICO’s East Neres Canal. Beebe Seep Canal is a man-made ditch constructed by FRICO to lower ground water levels. It is also used by FRICO to deliver irrigation water to its Barr Lake - Division shareholders served by the East Neres Canal. To the extent that the historical irrigation return flows from applicant’s changed share water occurred during the irrigation season, they formed part of the physical supply for the FRICO shareholders along the East Neres Canal. To the extent that the return flows occurred outside the irrigation season, they formed part of the physical supply for FRICO’s Milton Reservoir. Operationally, FRICO releases just enough water out of Barr Lake so that, together with the irrigation return flows from all of the upstream farms, the demand of its East Neres shareholders is met. Applicant believes that a reasonable estimate of the percentage of return flows for the changed share water is 35% of the water delivered to the historical farms. Applicant recognizes that the court may determine that the percentages claimed are different, and in such case, applicant further recognizes that the amount and percentage of its return flow obligation and the amount and percentage of consumptive use water that will be available to it will differ from what is asserted in this application. 19. Applicant proposes to annually compute its historical return flow obligation as 35% of the allocation for the changed shares made by FRICO on behalf of its Barr Lake - Division shareholders, and by FRICO for the Burlington Company’s Barr-system shareholders. Applicant will dedicate the historical return flow portion of its changed water rights to FRICO and the Burlington Company so that such water will be delivered as a part of the total supply and will thus compensate for any loss to the other shareholders. Providing return flows in this manner will prevent injury to existing vested water rights and conditionally decreed water rights with priorities senior to the date of the filing of this application. Detailed ditch-wide historical-use studies are being conducted by others at this time on the FRICO/Barr and Burlington/Barr systems. Applicant reserves the right to modify the return-flow percentage of the changed water in this application, or to modify the approach to computing the return-flow obligation at a later date to reflect the results of those more detailed studies. The FRICO/Barr and Burlington/Barr shares that are not part of this change case will continue to receive the same volumes of water as before the change of use. 20. The remaining 65% of each year’s allocation of the changed share water is the consumptive use component which shall be available to applicant, and applicant seeks the right to use such water, in addition to its decreed purposes, for all municipal uses, storage, and also for augmentation and exchange by use, reuse or successive use, to extinction, provided that the applicant or any successor or assignee in interest maintains the required dominion and control. The changed water will be left in Barr Lake to compensate for depletions caused by pumping of Brighton’s Beebe Draw wells. 21. Brighton will provide accounting required by the Division Engineer as to its use of the changed water, but proposes to make such accounting on a monthly basis. It is applicant’s intent that such fully consumable water may, to the extent not used under the decree sought by this application, also become an augmentation source available for use within FRICO’s augmentation plan decreed in 84CW090 to augment out-of priority depletions of applicant from tributary wells that it now has or may have within Beebe Draw and the South Platte Basin, and applicant requests that the decree to be entered in this matter so provide. 22. Name(s) and address(es) of owner(s) of land on which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use. The owner of the Beebe Draw Seep Canal and Barr Lake Reservoir is the Farmers Reservoir and Irrigation Company (FRICO), 80 South 27th Avenue, Brighton, Colorado 80601. The Burlington Ditch, Reservoir and Land Company, 80 South 27th Avenue, Brighton, Colorado 80601 also has ownership interest in Barr Lake Reservoir. The owner of the Burlington Ditch is the Burlington Company, and the owner of the O’Brien Canal is FRICO. Water will be placed to beneficial use within the service area of applicant as it now exists or may exist in the future. It is not practicable to list all of the names of owners of land within this area. PLAN FOR AUGMENTATION: 23. Names of structures


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to be augmented, and their locations and descriptions: The following wells are referred to as the “Beebe Draw Wells”. Brighton Well A (a/k/a Barr Lake Estates Well No. 2-13625-R) Brighton Well B (a/k/a Green Well No. 8980-F) Brighton Well C The locations of the Beebe Draw Wells are given in paragraph 3 above. The names and locations of the South Platte Wells are as follows:

Brighton ID Permit(s) Location

Distance From South Section Line

Distance From West Section Line

Well #1 (Replaced with Well #28) 15952-1, 15952-VR NW, NW, NE Sec 7, T1S, R66W

4765 (835)

3375 (1270)

Well #2 (Replaced with Well #29) 1592-2, 15952-SR NW, NW, NE Sec 7, T1S, R66W

4765 (400)

3375 (5100)

Well #3 (Replaced with Well #31) 15952-3, 15952-TR NW, NW, NE Sec 7, T1S, R66W

4765 (1310)

3375 (1200)

Well #4 (Replaced with Well #26) R-15952U-RF, 1592-4, 15952-UR

NW, NW, NE Sec 7, T1S, R66W

5005 (3990)

3400 (2640)

Well #6 R-20107-2-RF SW, NE, SE, Sec 6, T1S, R66W 1365 4560 Well #7 R-20107-1 SW, NW, SE, Sec 7 T1S R66W 1950 2800 Well #8 R-7110-RF SE, NW, SW, Sec 6 T1S R66W 1460 1160 Well #10 R-7111 NW, NW, SE, Sec 6 T1S R66W 2290 2800 Well #11 7112-R SW, SW, SE, Sec 7 T1S R66W 403 2900 Well #12 R-7113-RF NW, NE, SW, Sec 7 T1S R66W 2514 1665 Well #13 16387-R NW, SW, NW, Sec 7 T1S R66W 3460 650 Well #15 (School) RF-805 SE, SW, SE, Sec 6 T1S R66W 335 3400 Well #16 R-15561-RF SE, SE, NE, Sec 12 T1S R67W 2695 5290

Well #17 10431-R NE, SW, NW, Sec 18 T1S R66W 3935 740

Well #18 SW, NW, NW, Sec 7 T1S R66W 4550 120 Well #19 AD 014357 NW, NW Sec 6, T1S, R66W Well #20 AD 014358 NW, NW, Sec 6, T1S, R66W Well #21 AD 014359 SW, NW, Sec 6, T1S, R66W Well #22 AD 014360 NW, SW, Sec 6, T1S, R66W Well #23 AD 014361 SE, SE, Sec 1, T1S, R67W Well #24 AD 014362 NE, NE, Sec 12, T1S, R67W Well #25 AD 014363 SW, NE, Sec 12, T1S, R67W 3785 3675 Cemetery Well 1 11485 NW, NE, SE, Sec 13 T1S R67W 2235 4495

Cemetery Well 2 11486 S1/2, SE, NE, Sec 13, T1S, R67W 2720 4735

Cemetery Well 3 5653-F E1/2, SE, NE, Sec 13 T1S R67W 3345 5330

Cemetery Well 4 13737 SW, NE, SE, Sec 13 T1S R67W 1670 4550

Fish Pond 13290 & 6318 NW, NW, NW, Sec 5 T1S R66W 4900 190

Mayeda 2 5905-F NW, NW, NW, Sec 5 T1S R66W 4745 180

Recreation Center 15423-R NE, SE, NE, Sec 6 T1S R66W 3760 3035 Schwartz 1 (Replaced with Schwartz Well 53486-FR 53486-F-R SW, SE, Sec 7 T1S R66W 650 (650) 2170

(3140)

Platte River Ranch 1 11-14020 SW, NE, NW Sec 13, T1S, R67W 4160 2280

Platte River Ranch 2 24-14023 SW, SE, Sec 12, T1S, R67W Are there other water rights diverted from these structures? No. 24. Previous decrees for water rights to be used for augmentation. See paragraph 12 above. 25. Historic use: See paragraph 16 above. 26. Statement of plan for


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augmentation, including all applicable matters under CRS 37-92-103(9), 302(1)(2) and 305(8). Give full details of plan, including a description of all water rights to be established or changed by the plan. A. Applicant operates its municipal system by pumping alluvial wells from the South Platte basin and from the three wells in the Beebe Draw basin. Water from both basins is combined in Brighton’s water treatment system and is distributed to customers within both the South Platte and the Beebe Draw basins. Water distributed in the South Platte basin applied to inside use is returned to the South Platte River after treatment at Brighton’s South Platte Waste Water Treatment Plant (WWTP), located in the NW1/4 of the NW1/4 of the SW1/4 of Section 6, Township 1 South, Range 66 West of the 6th P.M. Water distributed and applied to inside use in the Beebe Draw basin is returned to the Draw at the Lochbuie WWTP, located in the E ½ of the SE ¼ of the NW ¼ , Sec 31, Township 1 North, Range 65 West. The portions of water distributed to customers and applied to as outside use (including irrigation) returns to either the South Platte River or to Beebe Draw as outside return flows (ORFs) and delayed lawn irrigation return flows (LIRFs). B. For purposes of this application, ORFs are estimated to be 2% of the outside water use, and LIRFs will be estimated as 15% of the outside water use. Outside water use will be estimated as the difference (when positive) between the current water use, and the inside water use. Inside water use will be considered as the water used during the months of November through February, and as the smaller of the current water use or the average November-through-February water use for the months of March through October. Applicant will maintain accounting forms so that the inside and outside water use can be calculated. ORFs return in the same month that they occur. Applicant will use appropriate stream depletion factors to lag the LIRFs back to the South Platte River and to the Beebe Seep Canal. C. A portion of the water pumped from the Beebe Draw wells is exported for use on the South-Platte side of Brighton’s water distribution system. Return flows from this water will occur at Brighton’s South Platte WWTP, and to the South Platte River as ORFs and as LIRFs. Applicant has the capability of determining the amount and flow rate of such return-flow water. Applicant claims that any water pumped from the Beebe Draw wells that returns to the South Platte River at Brighton’s existing South Platte WWTP, or any future replacement or additional waste water treatment plant that returns such water to the South Platte River, is fully consumable and can be used to extinction, including, but not limited to, use for augmentation of the South Platte alluvial wells, storage and exchange. Applicant also claims that any water pumped from its Beebe Draw wells that returns to the South Platte River as ORFs and LIRFs is also fully consumable, and it can be used to extinction, including, but not limited to use for augmentation of the South Platte alluvial wells, storage and exchange. Applicant claims this fully consumable water as one of the sources of augmentation water for its pending augmentation plan, Case Number 2002CW243. D. Similarly, some water pumped from Brighton’s South Platte alluvial wells is exported for use on the Beebe-Draw side of Brighton’s municipal system. Return flows from this water returns to Beebe Draw at the Lochbuie WWTP, and some of it returns to Beebe Draw as ORFs and as LIRFs. Applicant has the capability of determining the amount and flow rate of such return-flow water. Applicant claims that any water pumped from the South Platte alluvial wells that returns to Beebe Draw at the Lochbuie WWTP, or any future replacement or additional waste water treatment plant that returns such water to the Beebe Draw, is fully consumable and can be used to extinction, including, but not limited to use for augmentation of the Beebe Draw alluvial wells, storage and exchange. Applicant also claims that any water pumped from the South Platte wells that returns to the Beebe Seep Canal as ORFs and LIRFs is also fully consumable, and it can be used to extinction, including, but not limited to use for augmentation of the Beebe Draw alluvial wells, storage and exchange. Applicant claims this fully consumable water as one of the sources of augmentation water for its pending augmentation plan, Case Number 2002CW243. E. A portion of the water that is pumped from the Beebe Draw wells will not be exported for use on the South Platte side, but will remain in the Beebe-Draw basin and be used on the Beebe Draw side of Brighton’s municipal system. Return flows from this water will accrue to Beebe Draw at the Lochbuie WWTP or any future replacement or additional WWTP, and to Beebe Draw as ORFs and LIRFs. These Beebe-Draw side return flows are not considered fully consumable, but will offset depletions caused by the Beebe Draw well diversions. Depletions to Barr Lake and Beebe Draw caused by pumping of the Beebe Draw wells will be computed as the net result of diversion (amount pumped) minus return flows at the Lochbuie WWTP minus Beebe-Draw ORFs minus Beebe-Draw LIRFs. F. Applicant’s engineer has determined that pumping of the Beebe Draw wells causes depletions to the surface flow of Beebe Draw below Barr Lake, and to the water that is stored in Barr Lake. Applicant’s Beebe Draw wells are located from 1,490 to 2,180 feet below Barr Lake and from 210 to 900 feet from the Beebe Seep Canal, as shown on Figure 1. For purposes of this application, depletions are considered to occur without delay, and to affect storage in Barr Lake by as much as one third of the amount pumped and flows in Beebe Seep Canal by at least two thirds of the amount pumped. Depletions to Beebe Draw and to Barr Lake from pumping of the Beebe Draw wells will be fully replaced using augmentation credits created by the changed Burlington/Barr and FRICO/Barr shares listed in this application, and the fully consumable water generated from the South Platte alluvial wells returned to Beebe Draw as treated waste water and to Beebe Draw as ORFs and


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LIRFs. G. Each spring, FRICO, on behalf of its Barr Lake-Division shareholders, and on behalf of the Burlington Company for its Barr-system shareholders, makes an allocation of the water that the shareholders can take at their respective headgates. Applicant believes that a reasonable estimate of the depletive effect of its changed share water is 65% of the water historically delivered to the historical parcels. Applicant proposes to compute the fully consumable amount attributable to the changed shares as 65% of the allocation that FRICO indicates for the changed share water. Applicant proposes to leave that volume of fully consumable credits in storage in Barr Lake under the control of FRICO as compensation for the depletions that will be caused by pumping of its Beebe Draw wells, and a like amount will be credited to an augmentation account for applicant. As depletions are computed and reported, applicant will debit this augmentation account. The farms formerly irrigated with Applicant’s changed share water are no longer irrigated with that water. Detailed ditch-wide historical-use studies are being conducted by others at this time on the FRICO/Barr and Burlington/Barr systems. Applicant reserves the right to modify the consumptive percentage of the changed water in this application, or to modify the approach to computing the fully consumable entitlement at a later date to reflect the results of those more detailed studies. To the extent that applicant’s well pumping depletes water stored in Barr Lake, it is offset directly and automatically by the volume of fully consumable water previously left in Barr Lake by applicant. To the extent that applicant’s well pumping depletes the flows in Beebe Draw during the irrigation season, FRICO has control over, and can make releases from the volume of fully consumable water previously left in Barr Lake by applicant. As FRICO makes such releases, it will be able to deliver the allocation amounts to its Barr Lake -Division shareholders under East Neres Canal, which diverts from Beebe Draw below Barr Lake. H. Depletions to the South Platte River from pumping of Brighton’s South Platte alluvial wells are replaced in accordance with Brighton’s pending Case Number 2000CW202 and associated Substitute Water Supply Plan approved by the State Engineer’s Office in January 2003. The depletive effects of the South Platte wells, and how such amounts are determined, are addressed in the application in 2000CW202. It is applicant’s intent to use the fully consumable Beebe Draw well water returning to the South Platte River at Brighton’s existing South Platte WWTP or any future replacement or additional waste water treatment plant that returns such water to the South Platte River or returning to the South Platte River as LIRFs or ORFs, as an additional augmentation supply for the South Platte wells. EXCHANGES: 27. South Platte Exchanges. Applicant seeks two conditional exchanges along the South Platte River. Applicant seeks to make a portion of the second exchange absolute. A. Source: Any Beebe Draw water exported from the Beebe Draw basin and imported for use into the South Platte portion of applicant’s water distribution system. This water is pumped from the alluvium of Beebe Draw via applicant’s Beebe Draw wells, which are identified and described in paragraphs 1 through 11 of this application. Depletions to the Beebe Draw basin caused by such pumping are augmented as provided by the augmentation-plan portion of this application, paragraph 23, or augmented by other decreed or approved strategies, including, but not limited to acquisition from FRICO of water from FRICO’s Beebe Draw augmentation plan, Case Number 84CW090. Applicant considers such water as fully consumable and reusable to extinction once it is exported into the South Platte basin. B. Reaches: The downstream limit for both exchanges is Point H, the outfall of applicant’s South Platte WWTP, which is presently located in the NW¼ of the NW¼ of the SW¼ of Section 6, Township 1 South, Range 66, of the 6th Principle Meridian, in Weld County, Colorado. The upstream limits for First Exchange are: Points D-1 and D-2: The Bromley Lake Pump Station Inlet Pipe. This pipe will be located at one of the following two locations: After exchanging the fully consumable and reusable water up the South Platte River, Applicant will store it in Bromley Lake after diversion at Point D-1 or D-2. Point D-1 will be on the east bank of the South Platte River, in the Southeast Quarter of Section 11, Township 1 South, Range 67 West, at a point whence the Southwest Corner of said Section 11 bears approximately South 86° West, approximately 4,160 feet. Point D-2 will be on the east bank of the South Platte River, in the NW¼ of the SE¼ of Section 14, Township 1 South, Range 67 West, at a point whence the Southwest Corner of said Section 14 bears approximately South 69° West, approximately 4,000 feet. Point E: The Bromley Lake Inlet, will be located on the east bank of the South Platte River, in the SE ¼ of Section 14, Township 1 South, Range 67 West, at a point whence the Southwest Corner of said Section 14 bears approximately South 88° 30’ West, approximately 3,190 feet. After exchanging the fully consumable and reusable water up the South Platte River, Applicant will store it in Bromley Lake after diversion at Point E. Point G: The headgate of the Fulton Ditch, located in the NE¼ of the NE¼ of the SE¼ of Section 17, Township 2 South, Range 67 West, Adams County. After exchanging the fully consumable and reusable water up the South Platte River, Applicant will store it in its storage reservoir at 124th Avenue, or in Bromley Lake after diversion at Point G, and conveyance down the Fulton Ditch. The storage reservoir at 124th Avenue is located in the South ½ of Section 35, Township 1 South, Range 67 West of the 6th Principal Meridian. The 124th Avenue storage reservoir is also located to the East of the Fulton Ditch. Bromley Lake is located in portions of the Southeast ¼ of Section 11, the Southwest ¼ of Section 12, the West ½ of Section 13 and the East ½ of Section 14, all in Township 1 South, Range 67 West of the 6th Principal Meridian. Bromley Lake is also locted to


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the East of the South Platte River. The upstream limit for Second Exchange is Point F, a point where the South Platte River crosses the South line of Section 23, Township 1 South, Range 67 West, of the 6th PM in Adams County. This is an approximation of the upstream limit of the reach of the South Platte River that is depleted by pumping of applicant’s South Platte wells, which are identified in paragraph 23 of this application. There are four possible reaches for the first exchange: from Point H upstream along the South Platte River to Points D-1 or D-2, E; and/or G. There is one reach for the second exchange, from Point H upstream to Point F. The points defining the South Platte exchange reaches are also shown on Figure 4. C. Rates of Exchange Applicant seeks to operate both exchanges at up to 5.8 cfs. This conditional amount is 125% of the present capacity of applicant’s South Platte WWTP, which is 3 million gallons per day (mgd). This conditional amount is an estimate of the upper limit of the future depletions to the South Platte River caused by pumping of applicant’s South Platte Wells. D. Absolute Exchange Amounts. Applicant must prepare detailed accounting forms as part of its augmentation plan, pending Case Number 2000CW202, and the approved substitute water supply plan pertaining to that case. On May 6, 2003, applicant contributed 2.29 cfs of Beebe Draw water to the South Platte River at the outfall of its South Platte WWTP and exchanged that amount upstream to Point F, the approximation of the upstream limit of the reach of the South Platte River that is depleted by pumping of applicant’s South Platte wells. Applicant thus claims this amount as an absolute rate for the second exchange. Thus, 3.51 cfs of the second exchange remains conditional in nature. E. Appropriation Date. The claimed appropriation date of both South-Platte exchanges is June 19, 2002, the first day that applicant’s Beebe Draw wells exported water from the alluvium of Beebe Draw to the South Platte portion side of the South-Platte / Beebe-Draw drainage divide. On this date, return flows from Beebe Draw water started accruing to the South Platte River at the outfall of applicant’s South-Platte WWTP. 28. Beebe Draw Exchange. Applicant seeks a conditional exchange along the Beebe Seep Canal, a.k.a. Beebe Draw, and to make a portion of the exchange absolute. A. Sources: The first source is Beebe Draw water returning to Beebe Draw. This water is pumped from applicant’s Beebe Draw wells. Applicant does not consider this water to be fully consumable, The second source is any water exported from the South Platte basin and imported for use into the Beebe Draw portion of applicant’s water distribution system. Applicant claims this water is fully consumable and reusable to extinction. This water is pumped from the alluvium of the South Platte River by applicant’s South Platte wells, which are located as indicated in paragraph 23 of this application. Depletions to the South Platte basin caused by such pumping are augmented when not in priority as provided for in pending Case Number 2000CW202 and a corresponding Substitute Water Supply Plan approved on January 22, 2003, by pending Case Number 2002CW243, or by any other decreed or approved strategies, including, but not limited to acquisition from FRICO of water from FRICO’s Beebe Draw augmentation plan, decreed in Case Number 84CW090. B. Reach: The downstream limit for the exchange is Point 1, the outfall of Lochbuie’s WWTP, which is presently located as described in paragraph 26 of this application. This exchange covers the amount of in-basin return water that offsets the effect of pumping of (used in the computation of net depletion for) applicant’s Beebe Draw wells. It also covers the amount of fully consumable augmentation water imported into the Beebe Draw basin from the South Platte basin that augments the depletion caused by the pumping of applicant’s Beebe Draw wells. The upstream limit for the exchange is Point 2, Barr Lake, which is the upstream limit of depletion for the Beebe Draw wells. Barr Lake is located as described in paragraph 13 of this application. The points defining the Beebe Draw exchange reach are also shown on Figure 4. C. Rates of Exchange: Applicant seeks to operate the Beebe Draw exchange at up to 5.0 cfs. D. Absolute Exchange Amount: Applicant must prepare detailed accounting forms as part of its augmentation plan, pending Case Number 2000CW202, and the approved Substitute Water Supply Plan pertaining to that case. On April 25 2003, applicant contributed 0.40 cfs to the Beebe Seep Canal at the outfall of Lochbuie’s WWTP and exchanged that amount upstream to Barr Lake, the upstream limit of the reach that is depleted by pumping of applicant’s Beebe Draw wells. The 0.40 cfs was comprised of 0.25 cfs imported from the South Platte Basin, and 0.15 cfs of returns from Beebe Draw sources. Applicant thus claims 0.40 cfs as an absolute rate for the exchange, leaving 4.60 cfs conditional. Applicant requests that, should any portion of the underground water rights and exchanges claimed as conditional be duly made absolute prior to entry of the decree in this matter, upon proof of same being provided by applicant to the court, the decree sought herein determine such to be absolute. E. Appropriation Date June 19, 2002, the date that applicant first used its Beebe Draw wells in its municipal system and also contributed fully consumable South Platte water to Beebe Draw. 29. Wherefore, applicant requests the Court to issue its judgment decreeing the water rights and exchanges herein sought, approving the changes of water rights and the plan for augmentation herein requested, and for such other relief as the Court may deem appropriate. (18 pages) 03CW321 (96CW192) The City of Westminster, 4800 West 92nd Avenue, Westminster, Colorado 80030, (303) 430-2400. Please send all correspondence to: Lee H. Johnson, Carlson,


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Hammond & Paddock, 1700 Lincoln Street, Suite 3900, Denver, Colorado 80203. Application for Finding of Reasonable Diligence IN ADAMS COUNTY 2. Name of Structures: Little Dry Intake No. 1. 3. Description of conditional water rights: A. Date of Original Decree: Case No. 81CW444, Water Court Division 1, State of Colorado, decreed on August 7, 1990. B. Legal Description: In Case No. 81CW444, Westminster obtained a decree for a conditional water right at Little Dry Intake No. 1. The location of Little Dry Intake No. 1 is as follows: A point of diversion located in the North East 1/4 of Section 6, Township 3 South, Range 68 West, City of Westminster, County of Adams, State of Colorado, more particularly described as follows: Beginning at a point in the North East corner of Section 6, thence West along North Boundary of Section 6 to a point of intersection with Little Dry Creek; thence along the south boundary of Little Dry Creek a distance of 500 feet to the point of diversion. C. Source: Little Dry Creek, a tributary to the South Platte River. D. Appropriation Date: September 14, 1981. E. Amount: 10 c.f.s., conditional. F. Use: Pursuant to the decree entered in Case No. 81CW444, the water diverted will be used for irrigation, domestic, municipal, commercial, industrial, recreational, exchange, replacement, and augmentation purposes in the operation of the City of Westminster’s municipal utility system. 4. Detailed outline of what has been done toward completion of the appropriation and application to a beneficial use. A. During the diligence period, Westminster has participated in a number of water court proceedings in order to protect and maintain return flows to Little Dry Creek, Clear Creek and the South Platte River and conducted internal and external meetings regarding the use of the water rights decreed in Case No. 81CW444 and other non-potable sources of water for irrigation and augmentation purposes in the Little Dry Creek basin. Expenses associated with these activities have been incurred during the diligence period. B. During the diligence period, Westminster has filed a plan for augmentation in Case No. 03CW118 that uses, in part, water derived from the water rights decreed in Case No. 81CW444 as a source of augmentation water. Expenses associated with these activities have been incurred during the diligence period. C. Westminster is the owner and operator of the Westminster Water Supply System, an integrated water supply system under C.R.S. § 37-92-301. The water rights decreed in Case No. 81CW444 are part of Westminster’s Water Supply System. During the diligence period, Westminster has continued the development of the Westminster Water Supply System. Activities have included, among other things, acquisition of additional interests in water on Clear Creek and its tributaries and the South Platte River, filing and prosecuting Water Court applications to incorporate said interests into the Westminster Water Supply System, entering into contracts for the construction of additional storage vessels, entering into a carriage agreement to fill said vessels, rehabilitation of the Standley Lake dam and participation in numerous Water Court cases for purposes of protecting, maintaining and developing the Westminster Water Supply System. Expenses associated with these activities have been incurred during the diligence period. 5. Water applied to beneficial use: N.A. WHEREFORE, Westminster requests the Court to enter its decree and ruling as follows: A. To make a finding of reasonable diligence with respect to the entire conditional water rights decreed in Case Nos. 81CW444, and providing that a subsequent showing of diligence be made six years from the date of entry of a decree of diligence. (4 pages) 03CW322 Nicholas Conigliaro and Diana L. Conigliaro, 15101 Picadilly Road, Brighton, CO 80603. (303-655-0579). (Wendy S. Rudnik, Esq., Bernard, Lyons, Gaddis & Kahn, P.C., P.O. Box978, Longmont, CO 80502-0978. (303) 776-9900.) APPLICATION FOR DETERMINATION OF NONTRIBUTARY AND NOT NONTRIBUTARY


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UNDERGROUND WATER RIGHTS IN THE DENVER, UPPER ARAPAHOE, LOWER ARAPAHOE AND LARAMIE-FOX HILLS AQUIFERS AND FOR APPROVAL OF A PLAN FOR AUGMENTATION IN ADAMS COUNTY. DETERMINATION OF NONTRIBUTARY AND NOT NONTRIBUTARY GROUND WATER RIGHTS 2. Legal Description of the Subject Property: Applicants own Lot 2 of the Conigliaro Exemption, which contains 35 acres located generally in the NE ¼ of Section 14, Township 1 South, Range 66 West of the 6th P.M. in Adams County (“Subject Property”). The Subject Property is legally described in EXHIBIT A and depicted on the map in EXHIBIT B. 3. Well Permits: There is one existing permitted exempt well on the Subject Property located in the SE ¼ of the NE ¼ of Section 14, Township 1 South, Range 66 West of the 6 P.M. at a distance 2500 feet from the North section line and 500 feet from the East section line. The State Engineer issued Well Permit No. 216118 on March 11, 1999, pursuant to § 37-92-602(3)(b)(II)(A), C.R.S., as the only well on a 35 acre parcel in the amount of 15 gpm from the Lower Arapahoe aquifer for ordinary household purposes for not more than 3 single family dwellings, fire protection, watering of poultry, domestic animals and livestock and irrigation of less than one acre. There are no existing wells on the Subject Property in the Denver, Upper Arapahoe or Laramie-Fox Hills aquifers. 4. Proposed Wells: Applicants will apply for a new non-exempt well permit for the existing well as described in ¶3 above. Applicants claim the right to drill and to complete such wells as may be needed or desired anywhere on the Subject Property to withdraw and to use all physically and legally available water from the Denver, Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills aquifers as claimed herein pursuant to §37-90-137(4), C.R.S. Applicants will apply to the State Engineer for a new well permit for the existing well to withdraw all water physically and legally available underlying the Subject Property from the Lower Arapahoe aquifer for all beneficial uses. Applicants may file well permit applications for additional wells at such time as Applicants or their successors, or assigns, are prepared to construct the wells pursuant to the terms of this decree and applicable Colorado law. 5. Source of Water: a) The ground water to be withdrawn under the Subject Property by Applicants from the Denver aquifer is not nontributary ground water as defined in §37-90-103(10.7), C.R.S. Because such water is closer than one mile from a point of contact with a natural stream and its alluvium, Applicants must replace actual depletions and continue replacement after withdraw ceases if necessary to compensate for injurious stream depletions in accordance with §37-90-137(9)(c)(I), C.R.S. The ground water to be withdrawn under the Subject Property by Applicants from the Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills aquifers is nontributary ground water as defined in §37-90-103(10.5), C.R.S. Applicants will comply with requirements of §37-90-137(9)(c)(I), C.R.S and Denver Basin Rule 8, 2 C.C.R. 402-6, to relinquish to the surface stream system two percent of all such nontributary ground water withdrawn on an annual basis. Otherwise, said water may be fully consumed to extinction for all beneficial uses. b) Estimated Depth: Proposed wells on the Subject Property will be completed to the bottom of each of the aquifers, which Applicants estimate to be approximately 61 feet below land surface in the Denver aquifer, 243 feet below land surface in the Upper Arapahoe aquifer, 615 feet below land surface in the Lower Arapahoe aquifer and 1,228 feet below surface in the Laramie Fox-Hills aquifer. The depths are approximate and are based on geologic and topographical information available from the Colorado State Engineer’s office. Actual well completion depths may vary from this estimate based on the actual conditions below the overlying land. 6. Estimated Amount and Rate of Withdrawal: The proposed wells will withdraw ground water at a rate of flow necessary to efficiently withdraw the entire decreed amount in each aquifer. The


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estimated average annual amounts of ground water available for withdrawal by the Applicants are based upon information contained in the Denver Basin Rules, 2 C.C.R. 402-6 and upon the saturated sand thickness calculated by the State Engineer’s computer program. Applicants estimate the following values and average annual amounts are representative of the subject aquifers at this location: Aquifer Overlying Saturated Sand Specific Annual Average

Land Thickness Yield Withdrawal (Acres) (feet) (percent) (acre feet)

Denver 35 29.3 0.17 1.7 Upper Arapahoe 35 27.4 0.17 1.6 Lower Arapahoe 35 104.9 0.17 6.2 Laramie-Fox Hills 35 171.9 0.15 9.0 7. Well Fields: Pursuant to §37-90-137(4), C.R.S., Applicants request that this Court determine that Applicants have the right to withdraw all of the legally available ground water lying below the Subject Property through the wells requested herein in each aquifer and through any additional wells completed in the same aquifer in the future located anywhere on the Subject Property as Applicants’ well fields pursuant to Statewide Nontributary Ground Water Rule 14, 2 C.C.R 402-7. Applicants will file applications with the State Engineer pursuant to §37-90-137(10), C.R.S. prior to construction of any additional wells. 8. Proposed Uses: Applicants intend to use, reuse, and successively use; and after use, lease, sell or otherwise dispose of for municipal, domestic, agricultural, commercial irrigation, stock watering, recreational, fish and wildlife, fire protection and any other beneficial use on or off the Subject Property. The water may be immediately used or stored for subsequent use, used for exchange purposes, for direct replacement of depletions, and for other augmentation purposes, including taking credit for all return flows resulting from the use of such water for augmentation for or as an offset against any out-of-priority depletions. 9. Name and Address of Owner of the Land: Applicants own all of the Subject Property. 10. Determination Sought Herein: a) Applicants seek a determination that all of the ground water underneath the Subject Property in the Denver, Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills aquifers may be withdrawn and used subject to the terms and conditions included in a decree to be entered in this case and in any augmentation plan decreed for the Denver aquifer and a determination that the Applicants have a vested right to the use of said ground water. b) Applicants are the owners of the overlying land, or have the consent of the owner of the overlying land, to adjudicate all such ground water underlying said land. The average annual amount determined to be available in the decree can be withdrawn without causing material injury to the vested rights of others, provided that the terms and conditions in said decrees are complied with. c) Applicants have met the requirements or §37- 92-302(2)(b), C.R.S. d) Applicants request that this Court determine that, pursuant to §37-90-137(4), C.R.S., Applicants have the right to withdraw all of the ground water in the Denver, Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills aquifers under the Subject Property through any proposed wells initially permitted in such aquifers and through any additional wells which may be permitted and completed in the future on the Subject Property. Applicants request the initial wells permitted pursuant to §37-90-137(4), C.R.S., in each aquifer along with any additional wells in such aquifer shall be treated as a well field. e) Applicants request that each well may withdraw water at the rate necessary to withdraw the full allowed annual amount of ground water


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from the Denver, Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills aquifers. f) Applicants claim the right to withdraw more than the average annual amount in each aquifer estimated in this application pursuant to Statewide Nontributary Groundwater Rule 8(a), 2 C.C.R. 402-7. g) Although Applicants have estimated the amount of water available for withdrawal from the Denver, Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills aquifers, Applicants request the right to revise those estimates upward or downward based on actual data or better data available at the time of withdrawal without the necessity of amending this application or republishing the same. Applicants request the right to invoke the retained jurisdiction of the Court provided for in §37-92-305(11), C.R.S., to adjust the amount of water available for withdrawal from each aquifer. APPROVAL OF PLAN FOR AUGMENTATION 11. Name of Structure to be Augmented: Lake Conigliaro, an unlined pond consisting of approximately 0.82 surface acres located approximately 700 feet west of the East section line and 800 feet South of the North section line of Section 14, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. 12. Water Rights to be Used for Augmentation: Applicant will use nontributary ground water available from the Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property as described in ¶6. 13. Statement of Plan for Augmentation: Lake Conigliaro will be used for in-reservoir recreational uses only. Applicant will replace the evaporative losses from the unlined pond, in the amount of 2.40 acre feet per year, by pumping nontributary water described in ¶6 directly into the pond. Replacement water will be pumped into the pond on a monthly basis to replace the following monthly depletions: Annual January February March April May June July August September October November December EVAPORATION1

Acre Feet 3.0738 0.0922 0.1076 0.1691 0.2766 0.3689 0.4457 0.4611 0.4150 0.3074 0.2152 0.1230 0.0922 PRECIPITATION2

Acre Feet -0.6928 -0.0220 -0.0186 -0.0598 -0.0813 -0.1191 -0.0803 -0.0779 -0.0770 -0.0521 -0.0397 -0.0421 -0.0239 NET DEPLETION3

Acre Feet 2.3809 0.0702 0.0889 0.1093 0.1954 0.2498 0.3654 0.3831 0.3380 0.2553 0.1755 0.0809 0.0683 14. Names and Addresses of Owners of Land on Which Structures are Located: Applicants. WHEREFORE, Applicants request this Court to enter a decree: 1. Granting the application herein and awarding final water rights from the Denver, Upper Arapahoe, Lower Arapahoe and Laramie- Fox Hills aquifers, except as to those issues which the Court will specifically retain jurisdiction; 2. Determining that Applicants have complied with §37-90-137(4), C.R.S., and water is legally available for withdrawal by Applicants through the wells proposed herein; 3. Retaining jurisdiction to provide for adjustment of the amount of water available for withdrawal by Applicants from such aquifers based on actual local aquifer characteristics and authorizing Applicants to invoke the Court’s retained jurisdiction at any time after such data becomes available, pursuant to Section 37-1 Monthly Distribution of Evaporation is based on General Guidelines for Substitute Water Supply Plans for Sand and Gravel Pits submitted to the State Engineer pursuant to SB89-120 and SB93-260 (Gravel Pit Guidelines”), ¶6. 2 Average Annual Precipitation is based on data collected by the High Plains Regional Climate Center or the Brighton, Colorado, station from 1973 to 2003. 3 Net depletion is equal to the Evaporation minus Precipitation. 92-305(11), C.R.S.; 4. Determining that the ground water in the Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills aquifers under the Subject Property is nontributary ground water and that


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vested or conditionally decreed water rights of others will not be materially injured by withdrawal of such ground water; 5. Determining that the ground water in the Denver aquifer under the Subject Property is not nontributary ground water, which may only be used pursuant to a decreed plan for augmentation; 6. Determining that the allocation of all such ground water is not based on appropriations, and no findings of diligence shall be required to maintain these rights; 7. Determining that Applicant’s plan for augmentation adequately replaces out-of-priority diversions and no injury will result to existing water rights. 8. Such other relief as the Court deems proper in this matter. (6 pages + 2 pages, attachments) 03CW323 JACQUELINE KAY ALLIS (8007 West Titan Road, Littleton, Colorado 80125) (c/o Harvey W. Curtis, Esq., 1675 Larimer Street, Suite 715, Denver, Colorado 80202, telephone: (303) 292-1144). APPLICATION FOR UNDERGROUND WATER RIGHTS, IN DOUGLAS COUNTY. 2. Name(s) of well(s) and permit, registration or denial number(s). (If permit applied for, but not acted upon, give date of permit application.): Well permits will be applied for prior to construction of the wells. 3. Legal Description of Wells and Subject Property: The wells which will withdraw ground water from the not nontributary Arapahoe aquifer and the not nontributary Laramie-Fox Hills aquifer will be located at any location on approximately 280.3 acres of land in the South Half of Section 19, Township 6 South, Range 68 West of the 6th P.M., County of Douglas, Colorado, more particularly described as the South Half of said Section 19, except the Northwest Quarter Southwest Quarter of said Section 19 (hereinafter the “Subject Property”). A map of the property is attached hereto as Exhibit A, hereby incorporated herein. 4. Sources of Water Rights: The sources of the groundwater to be withdrawn from the Arapahoe and Laramie-Fox Hills aquifers are not nontributary as described in C.R.S. Sections 37-90-103(10.7) and 37-90-137(9)(c). 5. Estimated Amounts and Rates of Withdrawal: The wells will withdraw the subject amounts of groundwater at rates of flow necessary to efficiently withdraw the entire decreed amounts. Applicant will withdraw the subject ground water through wells to be located at any location on the Subject Property. Applicant waives any 600 foot spacing rule as described in Section 37-90-137(2), C.R.S. for wells of Applicant located on the Subject Property. The estimated average annual amounts of withdrawal available from the subject aquifers, indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. Applicant estimates that the following annual amounts are representative of the aquifers underlying the Subject Property:

Aquifer Saturated

Thickness

Annual Amount

Arapahoe 166.6 ft. 79.3 acre-feet

Laramie-Fox Hills

182.0 ft. 76.5 acre-feet

The average annual amounts available for withdrawal from the subject aquifers will depend on the hydrogeology and the legal entitlement of Applicant, and Applicant claims all groundwater underlying the Subject Property in the above-described aquifers. Applicant will reserve parts of the water in each aquifer for


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use through exempt wells. 6. Well Fields: Applicant requests that this Court determine that Applicant has the right to withdraw all of the groundwater in the Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property through wells which may be located anywhere on the Subject Property, and any additional wells which may be completed in the future, which wells will comprise Applicant’s well field. As wells are constructed, well permit applications will be filed in accordance with C.R.S. Section 37-90-137(10). 7. Proposed Use: The subject ground water will be used, reused, successively used, leased, sold, or otherwise disposed of for the following beneficial purposes: municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational, fish and wildlife, fire protection, and all other beneficial uses, both on and off the Subject Property, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to C.R.S. Section 37-92-302(2), and 37-90-137(6). 9. Augmentation Requirements: Subject to the reservation for use for exempt wells in paragraph 5, above, Applicant will make no use of the subject Arapahoe aquifer and Laramie-Fox Hills not nontributary ground water prior to the issuance of a judicially approved plan of augmentation, as required by Section 37-90-137(9)(c)(I), or (c.5)(I), whichever is applicable, unless that requirement is eliminated by future change in the law, pursuant to which statutory provisions, such augmentation plan decree shall provide for replacement of a total amount of water equal to 4 percent of the amount of water withdrawn on an annual basis. 10. Applicant is the owner of all the overlying land in the Subject Property, subject to a Deed of Trust for the benefit of Saxon Mortgage, Inc., 27121 Towne Centre Drive, Suite 230, Foothill Ranch, California 92610. 11. Remarks: a. Applicant claims the right to withdraw more than the average annual amounts estimated in paragraph 5, above pursuant to Rule 8A of the Statewide Rules, C.C.R. 402-7, through a well field, pursuant to Rule 14 of said Statewide Rules, with the wells in the well field to be alternate points of diversion for one another. b. Although Applicant has estimated the amounts of water available for withdrawal from the subject aquifers based on estimates of relative values for specific yield and saturated thickness, Applicant requests the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. c. The Applicant also seeks the right to construct additional and replacement wells for the withdrawal of the subject ground water, as necessary, in order to maintain production levels in the aquifers, without publishing additional notice or filing any additional pleading with the Court. As such additional wells are planned, applications for well permits shall be filed in accordance with Section 37-90-137(10). WHEREFORE, Applicant prays that the court enter a Decree: 1. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained in accordance with the statutes. 2. Specifically determining that: a. Applicant has complied with C.R.S. Section 37-90-137(4), and water is legally available for withdrawal by the wells proposed herein, but


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that jurisdiction may be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near Applicant's property, pursuant to C.R.S. Section 37-92-305(11), and Denver Basin Rule 9; b. The groundwater in the Arapahoe and Laramie-Fox Hills aquifers is not nontributary ground water; c. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater proposed herein; d. No findings of reasonable diligence are required to maintain the groundwater rights. e. That the water rights adjudicated in this case are vested property rights. f. Further, Applicant prays that this court grant such other relief as it deems proper in the premises. (5 pages, 1 page of Exhibits)

03CW324 PLATTE RIVER POWER AUTHORITY, 2000 East Horsetooth Road, Ft. Collins, CO 80525, (Raymond L. Petros, Esq., Petros & White, LLC, 730 17th Street, Suite 820, Denver, CO 80202), CITY OF FORT COLLINS, P.O. Box 580, Ft. Collins, CO 80522, (Michael D. Shimmin, Vranesh & Raisch, LLP, 1720 14th Street, Suite 200, Boulder, CO 80302) Application for Conditional Water Rights by Platte River Power Authority and the City of Fort Collins in Larimer County, Colorado. 2. Name of conditional water rights: The exchanges conditionally decreed in Case No. W-9322-78 that were not subsequently made absolute in Case No. 83CW126, entered May 12, 1986 or in Case No. 87CW78, entered May 31, 1989, or in case No. 95CW116, entered September 29, 1997, in the District Court, Water Division No. 1 (the “Conditional Exchanges”). 3. Description of the Conditional Exchanges: A. Decree: A Decree was entered by the District Court, Water Division No. 1, on April 24, 1979, in Case No. W-9322-78. B. Legal Description: The Conditional Exchanges, as described in the decree in Case No. W-9322-78, involve the following structures: i. Exchanges involving Joe Wright Reservoir, Long Draw Reservoir, and Horsetooth Reservoir with the main canal of the North Poudre Company in the North Fork of the Cache La Poudre River or with any other ditch system capable of exchanging with any of said reservoirs, including but not limited to: Larimer and Weld Canal, Larimer County Canal, Lake Canal, Greeley No. 2 Canal, and Timnath Reservoir Inlet. ii. Exchanges between any of the aforementioned structures and Rockwell Reservoir. iii. Exchanges between any of the aforementioned structures and Milton Seaman Reservoir and Barnes Meadow Reservoir. iv. Exchanges between Rawhide Pipeline and North Poudre Reservoirs No. 5 and 6, and the reverse. v. Exchanges between Fossil Creek Reservoir and North Poudre Reservoirs No. 5 and 6, and the reverse. vi. Exchanges involving use of the Rawhide Pipeline and North Poudre Reservoir No. 6 to exchange waters available at its intake to the Lake Canal, the Larimer & Weld Canal, Timnath Reservoir Inlet, the Larimer County Canal, and the North Poudre Canal for credit in Horsetooth Reservoir or other reservoirs. C. Source of Water: Waters from the Colorado and Michigan Rivers, including reuse of such waters and waters tributary to the Cache La Poudre Rivers, including reuse of such waters (see decree in Case No. W-9322-78). D. Appropriation Date: December, 1977. E. Decreed Uses: Those uses described in the decree in Case No. W-9322-78. F. Subsequent Decrees: On May 12, 1986, the District Court, Water Division No. 1 entered a decree in Case No. 83CW126, making certain of the conditional exchanges awarded in Case No. W-9322-78 absolute, and finding reasonable diligence with respect to the remaining Conditional Exchanges and continuing such Conditional Exchanges in full force and effect. On May 31, 1989, the District Court, Water Division No. 1, entered a decree in Case No. 87CW078, finding reasonable diligence with respect to the Conditional Exchanges not made absolute in Case No. 83CW126 and continuing such Conditional Exchanges in full force and effect. On September 29, 1997, the District Court, Water Division No. 1, entered a decree in Case No. 95CW116, finding reasonable diligence with respect to the Conditional Exchanges and continuing such Conditional Exchanges in full force and effect. 4. Portion of Conditional Exchanges made absolute: During the Diligence Period, Applicants have made the following additional exchanges pursuant to the decree in Case No. W-9322-78 and placed the exchanged water to beneficial use: A. An exchange involving Joe Wright Reservoir with the main canal of the North Poudre Company in


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the North Fork of the Cache La Poudre River. (July 22- 30, 2003; 50 cfs). B. An exchange involving Long Draw Reservoir with the main canal of the North Poudre Company in the North Fork of the Cache La Poudre River. (August 19- 27, 2003; 50 cfs). C. An exchange involving Joe Wright Reservoir with the Larimer County Canal of the Water Supply and Storage Company. (June 27, June 30 through July 30, 2003; 50 cfs). D. An exchange involving Reservoirs Nos. 5 and 6 with Fossil Creek Reservoir (all owned by the North Poudre Irrigation Company)(August 18-20, 2003; 25 cfs). 5. Evidence of Reasonable Diligence: The Authority provides wholesale electric power to the Colorado municipalities of Estes Park, Fort Collins, Longmont and Loveland, who wholly own the Authority and on whose behalf the Authority acts as a wholesale electric utility, acquiring, constructing and operating generation capacity and supplying electric energy on a requirements basis. The Authority owns and operates the Rawhide Energy Station (“Rawhide Station”), a 270 MW coal-fired generation unit and three natural gas-fired simple cycle combustion turbines, each with a summer rating of approximately 67 MW; a fourth such unit is just commencing construction. The Rawhide Station is located approximately 25 miles north of Fort Collins. In order to generate electricity, an adequate supply of water for cooling and other purposes is absolutely essential. Thus, in the 1970’s the Authority, the City of Fort Collins (“City”) and the Water Supply and Storage Company (“WSSC”), entered into a water reuse Agreement and applied for the water rights awarded in Case No. W-9322-78, including the Conditional Exchanges. As energy needs expand, the capacity at the Rawhide Station will need to be increased by adding coal-fired or natural gas-fired generation. The Conditional Exchanges are a critical component to supplying the water needed to operate these units and to ensuring the continued ability of the Rawhide Station to meet the growing demand for electricity in the four municipalities. As previously determined by this Court, the Conditional Exchanges are part of an integrated project to provide water to the Rawhide Station, and diligence on the whole project constitutes diligence as to the Conditional Exchanges. The Applicants’ efforts to provide water to and expand the Rawhide Station during the Diligence Period (September 1997 to present) support a finding of reasonable diligence for the Conditional Exchanges. These efforts include, without limitation, the work detailed in the Affidavit of Bill Emslie, Senior Project Engineer for the Authority, attached hereto as Exhibit A, and summarized as follows: A. The Authority expended over $23 million during the Diligence Period for water-related expenses associated with the Rawhide Station. B. Applicants utilized the waters of the Colorado, Michigan, and Cache La Poudre Rivers pursuant to the decrees entered in Cases Nos. W-9322-78, 82CW318, 83CW126, 87CW078, 89CW144 and 95CW116, to provide water for the operation of the Rawhide Station, including, the operation of certain of the Conditional Exchanges, as set forth in Paragraph 4, above. C. The Rawhide Water Supply Study (“Study”) was undertaken and completed by W.W. Wheeler and Associates, Inc. on behalf of the Authority. The purpose of the Study was to identify optimal ways of implementing the Conditional Exchanges. The Study concluded that the Conditional Exchanges could be used to meet the demands of future generation for additional cooling and process water to operate the Rawhide Station. 6. Names and Addresses of Owners of Land on Which Structures Are Located: a. North Poudre Irrigation Company, 3729 Cleveland Avenue, P.O. Box 100, Wellington, CO 80549, is the owner of North Poudre Supply canal (a.k.a. Munroe canal), Fossil Creek Reservoir, and North Poudre Reservoirs 5 & 6, b. The Water Supply and Storage Company, 2319 East Mulberry, Fort Collins, CO 80524, is the owner of Long Draw Reservoir and Larimer County Canal. c. The Larimer and Weld Irrigation Company, 106 Elm, P.O. Box 206, Eaton, CO 80615, is the owner of the Larimer and Weld Canal (a.k.a. Eaton Ditch). d. The Lake Canal Company, P.O. Box 104, Lucerne, CO 80646 is the owner of the Lake Canal. e. The Cache La Poudre Reservoir Company, P.O. Box 104, Lucerne, CO 80646, is the owner of Timnath Reservoir. f. The City of Greeley, 1000 10th Street, Greeley, CO 80631, is the owner of Milton Seaman Reservoir and Barnes Meadows Reservoir. g. The New Cache La Poudre Reservoir Company, P.O. Box 104, Lucerne, CO 80646, is the owner of Greeley No. 2 Canal. h. The Applicant, City of Fort Collins, is the owner of Joe Wright Reservoir. i. The Applicant, Platte River Power Authority, is the owner of the Rawhide Pipeline and the 10-inch Soldier Canyon Pipeline. j. The Divide Canal and Reservoir Company, P.O. Box 206, Eaton, CO 80615, is the owner of the Worster Reservoir. k. Horsetooth Reservoir is owned and operated by the U.S. Bureau of Reclamation and the Northern Colorado Water Conservancy District, 220 Water Avenue, Berthoud, CO 80513. WHEREFORE, Applicants respectfully requests that the Court enter a decree making absolute the exchanges described in Paragraph 4, above. Applicants


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further request that the Court enter a decree finding reasonable diligence for and continuing in full force and effect the Conditional Exchanges, in any amounts not otherwise made absolute by this or any previous decree. (8 pages, 8 page exhibit) 03CW325 Wilderness on Wheels Foundation, Roger West, P.O.Box1007 Wheat Ridge CO 80034, (303) 403-1110, North Fork Associates, LLC, Mountain Mutual Reservoir Company, 2525 S. Wadsworth Blvd, 306, Denver, CO 80227, (303) 989-6932. C/o William Downey, Petrock &Fendel, P.C., 700 17th St, #1800, Denver, Co 80202. APPLICATION FOR APPROVAL OF WATER RIGHT AND PLAN FOR AUGMENTATION AND EXCHANGE, PARK & JEFFERSON COUNTIES. Applicants: Name of structures to be augmented: There are two wells presently operating as exempt wells under permit numbers 19651 (“Well No. 1”) and 242416 (“Well No. 2”). Well No. 1 is located in the NE1/4 SE1/4, Section 12, Township 7 South, Range 75 West of the 6th P.M., approximately 1300 feet from the East Section Line and approximately 2500 feet from the South Section Line. Well No. 2 is located in the NW1/4 SE1/4, Section 12, Township 7 South, Range 75 West of the 6th P.M., approximately 1312 feet from the East Section Line and 1750 feet from the South Section Line. The wells are located on approximately 33 acres located in the N1/2 S1/2, Section 12, Township 7 South, Range 75 West of the 6th P.M. as described and shown on Exhibits A and B hereto (“Subject Property”). The source of the wells is groundwater tributary to Kenosha Creek, tributary to the North Fork of the South Platte River. Water rights to be used for augmentation: A. Applicants have entered into a contract with North Fork Associates, LLC to purchase 2.3 shares of the capital stock of Mountain Mutual Reservoir Company (“MMRC”). The 2.3 shares represent the right to receive a firm annual yield of 0.071 acre-feet of augmentation water per year from the water rights and storage facilities MMRC holds for the benefit of its shareholders. In addition to the sources listed below, Applicants may substitute other local augmentation sources without amending this application, or giving notice. The sources of water from which these shares are derived are as follows: 1.) MADDOX RESERVOIR The Maddox Reservoir, under contract with Susan Hickel, is located in the NE1/4 SWI/4, Section 22, Township 7 South, Range 73 West of the 6th P.M. in Park County. It was adjudicated on November 11, 1971 with an appropriation date of May 31, 1905. It is decreed for multiple purposes including irrigation, domestic, fish culture and recreation with a capacity of 39.1 acre-feet. It is filled by the Maddox Reservoir Feeder Ditch which diverts from the North Fork of the South Platte River in the NE1/4 SE1/4 SW1/4, Section 22, Township 7 South, Range 73 West of the 6th P.M. and decreed as an alternate point of diversion for the Slaght Ditch.2.)LOWER SACRAMENTO CREEK RESERVOIR COMPANY The Lower Sacramento Creek Reservoir Company, a Colorado corporation, owns and operates the Lower Sacramento Creek Reservoir No.1. The Reservoir is located in the Northeast 1/4 Northwest 1/4, Section 32, and the Southeast 1/4 Southwest 1/4, Section 29, Township 9 South, Range 77 West, 6th P.M., Park County, Colorado. North Fork Associates owns 932 shares of a total of 3,700 shares in the Company (a 25.2% interest). The Reservoir has been constructed and is entitled to store water under the following decrees: Adjudication Date Appropriation Date Amount 1974; Case No. W-7741-74 July 25, 1974 40 a.f. Case No. 84CW250 Use of Res. as Recharge Facility Case No. 85CW465 Use of Res. as Recharge Facility The water may be used for domestic, municipal, commercial, industrial, irrigation, fish and wildlife propagation, recreational and all other beneficial purposes, including exchange to compensate for depletions in the South Platte River and its tributaries. Other ownerships in the reservoir have transferred water rights to Lower Sacramento Creek Reservoir No.1 in which MMRC has no interest.3.)NICKERSON NO.2 DITCH The Nickerson No.2 Ditch, with a South Platte Priority No. 262 and North Fork Drainage Priority No. 24 has an appropriation date of May 1, 1872 as adjudicated by the District Court for Park County on May 22, 1913 in the amount of 0.65 of a cubic-foot-per-second. The headgate is located on the North bank of Deer Creek at a point whence the SE Corner, Section 4, Township 7 South, Range 72 West of the 6th P.M., bears North 58°15' East, 2320 feet and has historically irrigated approximately 35 acres adjacent to Dear Creek in the SE1/4 Section 9, NW1/4 Section 15, and NEl/4 Section 16, Township 7 South, Range 72 West of the 6th P.M., all in Park County.4.)PARMELEE NO.1 DITCH The Parmelee No.1 Ditch, with a South Platte Priority No. 251 and North Fork Drainage Priority No.14 has an appropriation date of May 1, 1867 as adjudicated by the District Court for Park County on May 22, 1913 in the amount of 0.52 of a cubic-foot-per-second. In that decree the headgate was located on the North Bank of Deer Creek at a point whence the S1/4 Corner of Section 32, Township 6 South, Range 72 West of the 6th P.M., bears South 70° 6' East, 1210 feet. Water Division No.1 District Court Case No. W-7434 changed the location of the headgate to the Nickerson No.2 Ditch, as shown above.5.)CARRUTHERS NO.2 DITCH The Carruthers No.2 Ditch, with a South Platte Priority No. 250 and North Fork Drainage Priority No. 13 has an appropriation date of May 1, 1967 as adjudicated


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by the District Court for Park County on May 22, 1913 in the amount of 0.52 of a cubic-foot-per-second. In that decree the headgate was located on the North Bank of Deer Creek at a point whence the S1/4 Corner between Section 31 and 32, Township 6 South, Range 72 West of the 6th P.M., bears North 85° 30' East, 1398 feet. Water Division No.1 District Court Case No. W-7434 changed the location of the headgate for 0.28 of a cubic-foot-per-second to the Nickerson No.2 Ditch, as shown above. This 0.28 of a cubic-foot-per-second is included in MMRC’s water rights. Pursuant to the Decree issued in Case No. 2000CW174, dated October 11, 2002, the historic consumptive use associated with the Nickerson No 2, Parmelee No.1, and Carruthers No.2 Ditches (hereinafter referred to as "Nickerson Ditch Rights") was quantified. The terms and conditions under which the Nickerson Ditch Rights are used for augmentation, replacement, exchange and storage purposes were also defined and approved in Case No. 2000CW174, as follows: a.The Nickerson Ditch Rights may be left in the stream system to offset depletions from water use by MMRC shareholders. The water may also be stored in the Lower Sacramento Creek Reservoir No.1, Maddox Reservoir and other MMRC reservoirs within the South Platte River Basin located above South Platte, Colorado; provided, however, that the details of storage in another reservoir are published in the Water Resume, or such storage is approved by the State Engineer pursuant to Sections 37-80-120 and 37-92-308, 10 C.R.S. (2002). b.The maximum rate of diversion under the Nickerson Ditch Rights is 0.8 of a cubic foot per second. Diversions are limited to the May 1, 1867 priorities decreed to the Parmalee Ditch No.1 and the Carruthers Ditch No.2. c.Diversions to storage and/or assignment for in-stream augmentation credit are limited to the period April 23 through October 31 of each year, and are further limited to those times when water is physically and legally available for diversion at the historic Nickerson Ditch No.2 headgate on Deer Creek. If the May 1, 1867, priority is not fully satisfied to the extent of 0.8 of a cubic foot per second, the diversion rate is reduced to the flow, which is then physically and legally available. d.Maximum monthly diversions under the Nickerson Ditch Rights are limited as follows: April, 2.0 acre-feet; May, 16.0 acre-feet; June, 19.0 acre-feet; July, 16.0 acre-feet; August, 10.0 acre-feet; September, 7.0 acre-feet; and October, 4.0 acre-feet. Maximum annual diversions are limited to 62 acre-feet per year. During any consecutive ten-year period, total diversions are further limited to 486 acre-feet. 4.Description of plan for augmentation: The Applicants propose to use water through Well Nos. 1 and 2, for commercial use on the Subject Property. Under this plan for augmentation and exchange, Applicants will divert the water rights subject to this plan when out of priority year-round. Said water will be used for in-house uses by staff, visitors and campers. Applicants reserve the right to amend these uses without amending this application or republishing the same, provided depletions shall not increase. Consumptive use is generally estimated to be 10% of in-building use. Applicant will only divert an annual amount of water through the wells which will not exceed 0.071 acre-foot of consumption based on these values. To allow continued diversion of the water when not in priority, Applicant will return 0.071 acre-foot per year of augmentation water as follows: A.The required volume of augmentation water will be provided from the sources described in Paragraph No. 3 above. Due to the small volume of annual stream depletions projected to occur under this plan, instantaneous stream depletions may be aggregated and replaced by one or more releases from storage of short duration. B.Replacement water will be provided to the stream system during the period April 23 through October 31, by leaving Nickerson Water Rights in the stream at the headgate of the Nickerson Ditch No. 2 as described above. During times when the Nickerson Water Rights are not in priority and during the non-irrigation season, depletions will be augmented by releasing water from the Maddox Reservoir. 5.For operation of this plan Applicants request one appropriative right of substitute supply and exchange pursuant to Sections 37-80-120 and 37-92-302(1)(a), 10 C.R.S.: A.From the confluence of Deer Creek and North Fork of the South Platte River in the NE1/4 NE1/4, Section 36, Township 7 South, Range 72 West, thence up the North Fork of the South Platte River to its confluence with Kenosha Gulch in the SE1/4NE1/4, Section 12, Township 7 South, Range 75 West, thence up Kenosha Gulch to the point of injure in the SW1/4 NE1/4, Section 12 Township 7 South Range 75 West, all from the 6th P.M. B.The exchanges will be administered with a priority date of September 29, 2003, at an average rate of flow of 0.001 cfs, subject to aggregation.REQUEST FOR WATER RIGHT 6.Name and location of structures: Two wells presently operating as exempt wells under permit numbers 19651 (“Well No. 1”) and 242416 (“Well No. 2”). Well No. 1 is located in the NE1/4 SE1/4, Section 12, Township 7 South, Range 75 West of the 6th P.M., approximately 1300 feet from the East Section Line and approximately 2500 feet from the South Section Line. Well No. 2 is located in the NW1/4 SE1/4, Section 12, Township 7 South, Range 75 West of the 6th P.M., approximately 1312 feet from the East Section Line and 1750 feet from the South Section Line. The wells are located on the Subject Property. 7.Source:Kenosha Creek, tributary to the North Fork of the South Platte River. 8.Rate of flow: Well No. 1; 11 gpm (conditional), 4.0 gpm (absolute),Well No.2;13.5gpm(conditional),1.5gpm (absolute). Date of appropriation: Well No.1 during April 1964; Well No.2 during July2002. How appropriation initiated: Drilling of WellNo.1 during April,1964, and approval of well permit number242416 on July,2002 for WellNo.2, each for beneficial use and the filing of this application. 9.Uses: commercial. 10.Applicants,Wilderness on Wheels Foundation and Roger West, are the owners of land on which the


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points of diversion are located. WHEREFORE, Applicants pray that this Court enter a decree granting the water rights and application requested herein and finding that out of priority diversion and use of Applicants’ wells under the plan for augmentation and exchange requested herein will prevent injury to owners and users of vested and conditional water rights, and for such other and further relief as this Court deems just and proper in the premises. (6 pages; attachments – 2 pages) 03CW326 (95CW250) Roxborough Village Metropolitan District Name, (hereinafter “RVMD”), c/o R.S. Wells L.L.C., 6399 S. Fiddler’s Green Circle, Suite 102, Greenwood Village, CO 80111, 303/779-4525. Please send all correspondence and pleadings to the following: Joanne Herlihy, Esq., Dufford & Brown, P.C.,1700 Broadway, Ste. 1700, Denver, CO 80290-1701, 303/861-8013. Application for Finding of Reasonable Diligence, IN DOUGLAS COUNTY. Names of structures: a. Roxborough Village Reservoir #1, b. Roxborough Village Reservoir #2. Description of conditional water rights: a. Original decree: December 12, 1989, Case No. 87CW296, District Court, Water Division No. 1., b. Places of storage: i. Roxborough Village Reservoir #1 is located in the Southwest Quarter of the Southeast Quarter of Section 35, Township 6 South, Range 69 West, 6th P.M. and the Northeast Quarter of Section 2, Township 7 South, Range 69 West, 6th P.M. The intersection of the dam axis and the center line of the outlet works is located at a point whence the Southeast Corner of Section 35, Township 6 South, Range 69 West, 6th P.M., bears South 84°58'50" East, 1544 feet. Capacity will be 100 acre-feet (active capacity of 80 acre-feet), created by excavation behind the existing roadway and flood control structure; ii. Roxborough Village Reservoir #2 is located in the Southeast Quarter of Section 35, Township 6 South, Range 69 West, 6th P.M. The intersection of the dam axis and the center line of the outlet works is located at a point whence the Southeast Corner of Section 35, Township 6 South, Range 69 West, 6th P.M., bears South 83°30'00" East, 2014 feet. Capacity will be 40 acre-feet (active capacity of 30 acre-feet), by construction of a dam not to exceed 32 feet in height and 460 feet in length. c. Source: Little Willow Creek. d. Appropriation date: October 12, 1984. e. Amount decreed: i. Roxborough Village Reservoir #1: 30.6 acre feet (absolute), 69.4 acre feet (conditional), ii. Roxborough Village Reservoir #2: 40 acre feet (conditional). f. Uses: Storage, irrigation of grasses in parks and open space, recreation and fish and wildlife uses. g. Prior diligence: Since the conditional decree for the Roxborough Village Reservoirs #1 and #2 was entered on December 12, 1989, timely applications for findings of reasonable diligence have been filed in accordance with Colorado law. A final decree has been entered granting each such application and finding that the owners of that right have exercised reasonable diligence in the development of the conditional water rights for the Roxborough Village Reservoirs #1 and #2. Application for Sexennial Finding of Reasonable Diligence: a. This verified Application for Sexennial Finding of Reasonable Diligence is filed pursuant to C.R.S. § 37-92-301(4)(a). b. The Roxborough Village Reservoirs #1 and #2 are to be developed and enlarged over a period of time as development in Roxborough Village occurs. In Case No. 95CW250 the Water Court for Water Division No. 1 granted a decree making absolute 30.6 acre feet in Roxborough Village Reservoir #1 and entering a finding of diligence with respect to the remaining conditional water rights of 69.4 acre feet in Roxborough Village Reservoir #1 and 40 acre feet in Roxborough Village Reservoir #2. In Case No. 95CW250 the Court further decreed that the conditional water rights for Reservoir #1 and Reservoir #2 are each part of a unified system for water use at RVMD which includes a pumping station, Roxborough Village Pumping Station #1, decreed in Case No. 87CW296. Accordingly, diligence on part of the system serves as reasonable diligence for the entire system in the development of each conditional water right in the system. c..During


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the diligence period, in continuing the development of the subject conditional rights, RVMD has been engaged in use, maintenance, protection and continued planning and design of the unified water diversion and storage facilities and water rights involved including the following activities: i. RVMD discovered an erosion problem with the spillway at Reservoir #1 in 2000 which was repaired in early 2002 at a cost of $700.00. During the investigation of this issue, it was found that rip-rap had not been installed on the embankment adjacent to the spillway as required. The engineering costs for investigation, survey and design amounted to approximately $5,687.50. The RVMD Board of Directors elected to create a reserve fund in the amount of $250,000 to install the rip-rap by reserving $50,000 per year beginning in 2003. New measuring gauges were installed in the ponds in 2003 at a cost of $400. ii. RVMD continues to monitor its diversions and releases through stream gauges. In 1999, significant storm events resulted in one of the stream gauges being submerged. RVMD raised the gauge in 1999 by 14 inches at a cost of $1,869. iii. RVMD has operated its irrigation system, including applying the water rights from Reservoir #1 to its decreed beneficial uses, throughout the diligence period. iv. Pumping Station #1, part of the unified water system, diverts water available under the conditional water rights from Little Willow Creek into the RVMD sprinkler system. Pumping Station #1 is used in conjunction with releases from Reservoir #1. During the diligence period RVMD spent $14,995 on the maintenance and repair of Pumping Station #1. In addition to the above costs, RVMD has spent approximately $129,000 during the diligence period upon repairs to the irrigation system including the installation and repair of controllers, sprinkler heads, valves, pipes and wires. The irrigation system is the means by which the decreed water rights are applied to beneficial use. v. In addition to the above described major activities, RVMD has been investigating other water supplies and their development in relation to the conditional water storage rights, and has been participating in general water administration activities pertaining to the Reservoirs and Pump Station during the diligence period including, but not limited to: yearly reports to the Water Commissioner and discussions with Roxborough Park Metropolitan District regarding raw water purchases for irrigation purposes. The additional water rights being pursued will be used to supplement the conditional rights to fill Reservoir #1 and meet the augmentation plan requirements when water would not otherwise be available for diversion. Acquisition of additional water rights will make the expansion of Reservoir #1 and the future construction of Reservoir #2 more cost effective to RVMD. The cost to RVMD for its share of the above described water supply development and protection work during the diligence period amounted to approximately $6,000 for engineering services, $3,000 for management and $10,270 for legal services. d. The activities described in this section demonstrate that RVMD has diligently pursued the development and application to beneficial use of its conditionally decreed water rights in Roxborough Village Reservoirs #1 and #2. WHEREFORE, RVMD respectfully requests that this Court enter an order finding the facts as set forth above, finding that Applicant has exercised reasonable diligence in the development of the conditional rights for Reservoir #1 and for Reservoir #2 which are the subject of this application, continuing such right in full force and effect for a period of six years after the entry of the Court’s decree herein; and for such other and further relief as this Court deems just and proper in the premises. (5 pages) 03CW327 Lowry Environmental Protection/Cleanup Trust, Fay C.P.A., 1675 Larimer Street, Suite 730, Denver, CO 80202, (303) 573-9219. C/O Michael D. Shimmin, Esq., Vranesh & Raisch, LLP, POBox 871, Boulder, CO 80306. Application for Underground Water Right from the Lower Dawson Aquifer in the Denver Basin, IN ARAPAHOE COUNTY. 2. Well permits: Well permits will be applied for when Applicant is prepared to construct the


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wells. 3. Legal description of overlying land upon which wells will be located: Applicant owns approximately 150.8 acres of land overlying the Lower Dawson Aquifer, which are located in the East 1/2 of Section 6, T5S, R65W of the 6th P.M., Arapahoe County, Colorado, as shown on the map attached and incorporated as Exhibit A (“Subject Property”) and as described in the legal description attached and incorporated as Exhibit B (“Legal Description of Subject Property”). Applicant may withdraw the ground water through wells to be located at any location on the Subject Property, which may include additional wells constructed pursuant to C.R.S. § 37-90-137(10). 4. Source: Lower Dawson Aquifer underlying the Subject Property. Depth: Based upon existing data in the Denver Basin Rules, 2 C.C.R. 402-6, the anticipated depth of these wells will be approximately 81 feet. The actual well depth may vary based on land surface elevations and aquifer depths verified from drilling and electric logs. 5. Date of Appropriation: The date of appropriation is inapplicable to this application for not nontributary Denver Basin underground water rights. To the extent that an appropriation date is required, it shall be the date of the filing of this application. 6. Amount Claimed: Applicant claims all of the ground water in the Lower Dawson Aquifer underlying the Subject Property. The estimated average annual amount available using the Denver Basin Rules, 2 C.C.R. 402-6, is 7.1 acre feet. However, this amount may vary up or down depending upon the Determinations of Fact filed by the State Engineer and the actual aquifer characteristics underlying the Subject Property. 7. Proposed Use: Applicant may use all ground water in the Lower Dawson Aquifer underlying the Subject Property for environmental remediation, industrial, commercial, irrigation, livestock watering, recreational, fish and wildlife, fire protection, or any other beneficial use. This water may be put to direct use or stored for subsequent use, and may also be used for exchange, augmentation, or replacement purposes, both on and off the Subject Property. This water may be used, reused, successively used, and disposed of to extinction. 8. Name(s) and Address(es) of Owners Upon Which Any Structure Is Or Will Be Located, Upon Which Water Is Or Will Be Stored, Or Upon Which Water Is Or Will Be Put to Beneficial Use: Lowry Environmental Protection/Cleanup Trust, c/o Fay C.P.A., 1675 Larimer Street, Suite 730, Denver, CO 80202, (303) 573-9219. 9. Remarks: A. Applicant claims the right to withdraw more than the average annual amount estimated above or decreed in this case pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicant has estimated the amounts of water available for withdrawal from beneath the Subject Property using currently available data from the Denver Basin Rules, Applicant requests the right to revise the average annual amount of withdrawal upward or downward, based on better or revised data including the Determinations of Fact filed by the State Engineer in this case, without the necessity of amending or republishing this Application. C. Applicant recognizes that a plan for augmentation is needed before this not nontributary ground water is withdrawn. In this case, Applicant does not seek to adjudicate any plan for augmentation, but only to adjudicate its rights to use the ground water in the Lower Dawson Aquifer underlying the Subject Property. 10. Request for relief: Applicant requests that the Court enter a decree, which determines that: A. This ground water is not nontributary ground water as defined in C.R.S. § 37-90-103(10.7). B. Applicant has the vested right to use all of the ground water in the Lower Dawson Aquifer underlying the Subject Property. C. The Court will retain jurisdiction with respect to the average annual amount of withdrawal to provide for the adjustment of such amount to conform to actual aquifer characteristics obtained from wells or test holes drilled on or near Applicant’s property pursuant to C.R.S. § 37-92-305(11). (4 pgs) 03CW328 The Gifted Academy of Castle Pines Village, Attn: Jerry Kearns, Esq., 480 East Happy Canyon Road, Castle Rock, Colorado 80108. [720-733-9977]. Robert E. Schween, Esq. 8185 S.


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Winnipeg Circle, Aurora, CO 80016. APPLICATION FOR NONTRIBUTARY AND NOT-NONTRIBUTARY GROUND WATER RIGHTS IN THE DENVER, ARAPAHOE, AND LARAMIE-FOX HILLS AQUIFERS, IN DOUGLAS COUNTY. 2. Well Permits: Well permit applications for the wells to be constructed pursuant to this application and subsequent decree will be applied for at such time as Applicant is prepared to construct such wells pursuant to the terms of the decree to be entered in this matter. 3. Names, Description, and Estimated Depths of Wells: A. The wells which will withdraw ground water from each aquifer underlying the land described in paragraph 10 below will be located on Applicant's property, consisting of 3.5 acres, more or less, in the SE ¼, NW ¼, Section 15, Township 7 South, Range 67 West of the 6th P.M., in Douglas County, Colorado. See Exhibit A, General Location Map, Exhibit A-1, Site Location Map, and Exhibit B, Property Legal Description, attached hereto. Applicant requests the right to construct such wells anywhere on the three parcels to recover the entire allowable annual amounts from each aquifer as claimed herein or as determined by the Court pursuant to its retained jurisdiction. B. The estimated depths to the base of the aquifers at the location of Applicant's property are as described in the Denver Basin Rules, 2 CCR 402-6. Actual well completion depths will comply with the well permit, but may vary from the permitted depth depending on the topography at any particular location. 4. Source of Water Rights: A. Not-Nontributary Ground Water. The ground water contained in the Denver aquifer at this location is not-nontributary ground water as defined at § 37-90-103 (10.7), C.R.S. Applicant may not obtain a well permit and withdraw such not-nontributary ground water until an augmentation plan is approved for the replacement of injurious depletions caused thereby. See § 37-90-137(9), C.R.S. No such plan is sought by this application. B. Nontributary Ground Water. The ground water contained in the Arapahoe and Laramie-Fox Hills aquifers at this location is nontributary ground water as defined at § 37-90-103 (10.5), C.R.S. Applicant may obtain a well permit, withdraw, and fully consume such nontributary ground water, except that Applicant must relinquish two-percent (2%) of such ground water withdrawn to the stream system, as required by the Denver Basin Rules. Such relinquishment may be by any means selected by the Applicant. 5. Background: Applicant files this application for water rights pursuant to § 37-92-203, C.R.S., as a water matter concerning nontributary and not-nontributary ground water. Applicant is the owner of the overlying land as described herein. 6. Date of Initiation of Appropriation: Not Applicable. 7. Right to Ground Water Claimed Herein: A. Applicant seeks a decree for all ground water determined to be available from the named aquifers underlying the land described herein based upon a statutory aquifer life of 100 years. B. Applicant asserts that withdrawal in the average annual amounts determined to be available from the named aquifers can be made pursuant to § 37-90-137(4) and (9), C.R.S., without causing material injury to the vested rights of others. A separate Court-approved plan for augmentation must be obtained before any such not-nontributary ground water adjudicated herein may be produced. 8. Estimated Amounts and Rates of Withdrawal: A. Estimated Average Annual Amounts Available: The estimated average annual amounts of withdrawal available from the named aquifers underlying the Applicant’s property are based upon interpretations of information contained in the Denver Basin Rules, 2 C.C.R. 402-6. Such estimates are as follows: Aquifer Acres Sat. Sand Sp. Yield Ave. Ann. Amt Denver 3.54 250 Feet 17 % 1.5 AF Arapahoe 3.54 300 Feet 17 % 1.8 AF Laramie-Fox Hills 3.54 150 Feet 15 % 0.8 AF Note: The final average annual amounts available from each aquifer will depend upon the actual hydrogeology and the legal entitlement of Applicant to all ground water in the subject aquifers underlying Applicant’s described property. B. Average Pumping Rates: The average pumping rate for wells to be completed into the four named aquifers is expected to vary from 50 to about 250 gpm. Applicant requests that the pumping rates for each well may be as great as necessary to withdraw the full annual allocation of water from each named aquifer. 9. Well Fields: Subject to obtaining an adequate Court approved augmentation plan therefor, Applicant has the right to withdraw all of the legally available ground water in the Denver, Arapahoe, and Laramie-Fox Hills aquifers underlying the property described in Paragraph 11 below, through any well(s) initially permitted in each aquifer and any additional well(s) which may become part of the Applicant's well field. The initial well(s) permitted, along with any additional well(s) completed into the same aquifer, shall be treated as a well field.


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As additional wells are constructed, well permit applications will be filed in accordance with § 37-90-137(10), C.R.S. 10. Proposed Uses: A. Applicant requests the right to use all ground water subject to this application. Such water is to be used, reused, successively used and, after use, leased, sold or otherwise disposed of for any beneficial purposes, including: domestic, industrial, agricultural, commercial, irrigation, stock watering, storage, recreational, fish and wildlife propagation, fire protection, and any other beneficial purposes, to be used on or off the land described in Paragraph 11. B. Such water will be produced for application to said uses, for storage and subsequent application to said uses, for exchange, or for replacement of stream depletions resulting from the use of water from other sources, and for augmentation purposes. 11. Description of the Land Overlying Subject Ground Water: The property overlying the ground water claimed herein consists of a total acreage of 3.5 acres, more or less, located in Douglas County, and generally described as follows: A parcel of land being part of the E ½ of the NW ¼, Section 15, Township 7 South, Range 67 West of the 6th P.M., in Douglas County. See General Location Map, Exhibit A, Site Location Map, Exhibit A-1, and Property Legal Description, Exhibit B. 12. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to §§ 37-92-302(2) and 37-90-137(6), C.R.S. 13. Name of Owner of the Land on Which Structures are Located: The owner the overlying land area described herein, is the Applicant, The Gifted Academy of Castle Pines Village. 14. Additional Remarks: A. Applicant requests the Court enter a decree granting: (1) A quantification and adjudication of the ground water rights in the aquifers named herein to which Applicant is entitled to develop and use; (2) The right to file and adjudicate an augmentation plan for use of such not-nontributary ground water herein at a later date under a separate caption and case number; (3) The right to withdraw more than the average annual amount estimated in paragraph 5B above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7; and (4) The right to revise the above estimate of the average annual amounts available for withdrawal upward or downward, based on better or revised data, without the necessity of amending this application or republishing same. B. In compliance with House Bill 93-1060 (§ 37-92-302(2)(b), C.R.S.), Applicant will, within ten (10) days after filing this application, supplement this application with evidence that Applicant has given notice of the filing of this application by certified mail, return receipt requested, to every record owner of the overlying land and to every person who has a lien or mortgage on, or deed of trust to, the overlying land recorded in the county in which the overlying land is located. WHEREFORE, Applicant The Gifted Academy of Castle Pines Village requests a ruling and decree granting the application herein and awarding the ground water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained, so that the State Engineer may issue well permits for such well(s) as Applicant requests under this decree, subject to the limitations described in such ruling and decree. Further, Applicant requests that the ruling and decree find that -- (1) Applicant has complied with § 37-90-137(4), C.R.S., and ground water is legally available for withdrawal from the named aquifers through wells to be located on the Applicant's property, EXCEPT THAT withdrawals of not-nontributary ground water may not be withdrawn until an augmentation plan is approved therefor; (2) Jurisdiction is to be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near Applicant's property, pursuant to § 37-92-305(11), C.R.S.; (3) Applicant or its successors may construct wells into the Denver, Arapahoe, and Laramie-Fox Hills aquifers anywhere on the subject property without the necessity of filing any further amendments to this application, republishing this application, or reopening the decree to be awarded; (4) Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals proposed herein; (5) In accordance with § 37-92-305(11), C.R.S., no findings of reasonable diligence are required to maintain the water rights applied for herein; and (6) The nature and extent of the water rights claimed herein are defined by § 37-90-137(4), C.R.S., and the withdrawals sought to be made are based upon an aquifer life of 100 years and upon the quantity of ground water, exclusive of any artificial recharge, underlying the land shown on Exhibit A and described in Exhibit B hereto. (5 pages; attachments-3 pgs)


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03CW329 John C. and Susan K. Maus, 6852 Ponderosa Dr, Parker, CO 80138. Application for Underground Water Right, IN DOUGLAS COUNTY. Maus Well located in the SE1/4 SE1/4 S10 T6S, R66W of the 6th P.M., 450’ from S section line and 765’ from E section line. Source: Lower Dawson. Depth: 520’ Appropriation: 9/29/1987 Amount claimed: 15 gpm Use: Household, domestic animals and irrigation of not more than 13,000 sq. ft. of lawns and gardens, (3 pages + 4 attachments) 03CW330 Dawson Butte Land Company, LLP, a Colorado Limited Liability Limited Partnership, Attn: Mr. Steve Young, 1923 West Tomah Road, Castle Rock, Colorado 80109. [303-681-3507] Robert E. Schween, Esq., 8185 S. Winnipeg Circle, PO Box 2, Aurora, CO 80016. APPLICATION FOR TIRBUTARY WATER RIGHT AND WATER STORAGE RIGHT, IN DOUGLAS COUNTY 2. Name of Structures: A. Young Spring No. 1; B. Young Spring No. 2; C. Stock Pond No. 1; D. Stock Pond No. 2. 3. Description of Water Rights: A. Existing Decree(s): None. B. Location of Structures: (1) Young Spring No. 1 is located in the NE ¼ of the SE ¼, Section 6, Township 9 South, Range 67 West of the 6th P.M., at a point 1750 feet from the South section line and 250 feet from the East section line of said Section 6, in Douglas County, Colorado. See General Location Map, Exhibit A hereto. (2) Young Spring No. 2 is located in the SE ¼ of the NW ¼, Section 7, Township 9 South, Range 67 West of the 6th P.M., at a point 2240 feet from the West section line and 1880 feet from the North section line of said Section 7, in Douglas County, Colorado. See General Location Map, Exhibit A hereto. (3) Proposed Stock Pond No. 1 is located in the NE ¼ of the SE ¼, Section 6, Township 9 South, Range 67 West of the 6th P.M., at a point 1450 feet from the South section line and 600 feet from the East section line of said Section 6, in Douglas County, Colorado. See General Location Map, Exhibit A hereto. (4) Stock Pond No. 2 is located in the SE ¼ of the NW ¼, Section 7, Township 9 South, Range 67 West of the 6th P.M., at a point 2110 feet from the West section line and 2030 feet from the North section line of said Section 7, in Douglas County, Colorado. See General Location Map, Exhibit A hereto. C. Source (All Structures): Spring water tributary to West Plum Creek, tributary to the South Platte River (both Young Springs Nos. 1 and 2). D. Appropriation Date (All Structures): July 15, 1953. E. Amount: (1) Young Spring No. 1: 10 gpm, ABSOLUTE. (2) Young Spring No. 2: 10 gpm, ABSOLUTE. (3) Stock Pond No. 1: 2 acre-feet. (4) Stock Pond No. 2: 2 acre-feet. F. How Appropriation Initiated: By field examination of the spring coupled with Applicant's intent to put such water to beneficial use. Applicant subsequently surveyed the location of each spring and prepared appropriate drainage facilities enabling Applicant to fill the Stock Ponds with the water produced by each of the springs. (Stock Pond No.1 is an existing structure at the location of Young Spring No. 1, but Applicant intends to relocate such pond to the location described above and shown on the General Location Mao, attached.) The Stock Ponds have been in existence since the date of appropriation claimed herein. G. Uses (All Structures): Water for stock, wildlife, and storage for fish and wildlife and aesthetic purposes. H. Description of Place Where Water To Be Applied to Beneficial Use: Water will be used at the location of Stock Pond Nos. 1 and 2. 4. Name and Address of Land Owner on Spring and Places of Use are Located: Same as Applicant, Dawson Butte Land Company, LLLP, above. WHEREFORE, Applicant requests this Court to enter a decree granting the application herein and finding specifically that: A. By Applicant's acts on the property, including the surveying of locations of the formerly undecreed and unknown springs, Applicant has made an appropriation of such water. Applicant has put such water to all beneficial uses claimed since the time of its first appropriation. Applicant therefore claims the following amount of water for each structure: (1) Spring No. 1: 10 gpm, ABSOLUTE. (2) Spring No. 2: 10 gpm, ABSOLUTE. (3) Stock Pond No. 1: 2 acre-feet.


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(4) Stock Pond No. 2: 2 acre-feet. B. Vested and decreed conditional water rights of others will not be materially affected or injured by entry of a decree as requested herein. ( 3 pages + 1 page attachment) 03CW331 Lowry Environmental Protection/Cleanup Trust, Fay C.P.A., 1675 Larimer Street, Suite 730, Denver, CO 80202, (303) 573-9219. C/O Michael D. Shimmin, Esq. Vranesh & Raisch, POB 871, Boulder, CO 80306. Application for Underground Water Right from the Denver Aquifer in the Denver Basin, IN ARAPHOE COUNTY. 2. Well permits: Well permits will be applied for when Applicant is prepared to construct the wells. 3. Legal description of overlying land upon which wells will be located: Applicant owns approximately 150.8 acres of land overlying the Denver Aquifer, which are located in the East 1/2 of Section 6, T5S, R65W of the 6th P.M., Arapahoe County, Colorado, as shown on the map attached and incorporated as Exhibit A (“Subject Property”) and as described in the legal description attached and incorporated as Exhibit B (“Legal Description of Subject Property”). Applicant may withdraw the ground water through wells to be located at any location on the Subject Property, which may include additional wells constructed pursuant to C.R.S. § 37-90-137(10). 4. Source: Denver Aquifer underlying the Subject Property. Depth: Based upon existing data in the Denver Basin Rules, 2 C.C.R. 402-6, the depth of these wells will be approximately 990 feet. The actual well depth may vary based on land surface elevations and aquifer depths verified from drilling and electric logs. 5. Date of Appropriation: The date of appropriation is inapplicable to this application for not nontributary Denver Basin underground water rights. To the extent that an appropriation date is required, it shall be the date of the filing of this application. 6. Amount Claimed: Applicant claims all of the ground water in the Denver Aquifer underlying the Subject Property. The estimated average annual amount available using the Denver Basin Rules, 2 C.C.R. 402-6, is 93.0 acre feet. However, this amount may vary up or down depending upon the Determinations of Fact filed by the State Engineer and the actual aquifer characteristics underlying the Subject Property. 7. Proposed Use: Applicant may use all ground water in the Denver Aquifer underlying the Subject Property for environmental remediation, municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational, fish and wildlife, fire protection, or any other beneficial use. This water may be put to direct use or stored for subsequent use, and may also be used for exchange, augmentation, or replacement purposes, both on and off the Subject Property. This water may be used, reused, successively used, and disposed of to extinction. 8. Name(s) and Address(es) of Owners Upon Which Any Structure Is Or Will Be Located, Upon Which Water Is Or Will Be Stored, Or Upon Which Water Is Or Will Be Put to Beneficial Use: Lowry Environmental Protection/Cleanup Trust, c/o Fay C.P.A., 1675 Larimer Street, Suite 730, Denver, CO 80202, (303) 573-9219. 9. Remarks: A. Applicant claims the right to withdraw more than the average annual amount estimated above or decreed in this case pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicant has estimated the amounts of water available for withdrawal from beneath the Subject Property using currently available data from the Denver Basin Rules, Applicant requests the right to revise the average annual amount of withdrawal upward or downward, based on better or revised data including the Determinations of Fact filed by the State Engineer in this case, without the necessity of amending or republishing this Application. C. Applicant recognizes that a plan for augmentation is needed before this not nontributary ground water is withdrawn. In this case, Applicant does not seek to adjudicate any plan for augmentation, but only to adjudicate its rights to use the ground water in the Denver Aquifer underlying the Subject Property. 10. Request for relief: Applicant requests that the Court enter a decree, which determines that: A. This ground


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water is not nontributary ground water as defined in C.R.S. § 37-90-103(10.7). B. Applicant has the vested right to use all of the ground water in the Denver Aquifer underlying the Subject Property. C. The Court will retain jurisdiction with respect to the average annual amount of withdrawal to provide for the adjustment of such amount to conform to actual aquifer characteristics obtained from wells or test holes drilled on or near Applicant’s property pursuant to C.R.S. § 37-92-305(11).(3 pages + 1 page attachment) 03CW332 Lowry Environmental Protection/Cleanup Trust, Fay C.P.A., 1675 Larimer Street, Suite 730, Denver, CO 80202, (303) 573-9219. C/O Michael D. Shimmin, Esq. Vranesh & Raisch, POB 871, Boulder, CO 80306. Application for Underground Water Right from the Laramie-Fox Hills Aquifer in the Denver Basin, IN ARAPHOE COUNTY. 1. Name, address, telephone number of Applicant: Lowry Environmental Protection/Cleanup Trust, c/o Fay C.P.A., 1675 Larimer Street, Suite 730, Denver, CO 80202, (303) 573-9219. 2. Well permits: Well permits will be applied for when Applicant is prepared to construct the wells. 3. Legal description of overlying land upon which wells will be located: Applicant owns approximately 150.8 acres of land overlying the Laramie-Fox Hills Aquifer, which are located in the East 1/2 of Section 6, T5S, R65W of the 6th P.M., Arapahoe County, Colorado, as shown on the map attached and incorporated as Exhibit A (“Subject Property”) and as described in the legal description attached and incorporated as Exhibit B (“Legal Description of Subject Property”). Applicant may withdraw the ground water through wells to be located at any location on the Subject Property, which may include additional wells constructed pursuant to C.R.S. § 37-90-137(10). 4. Source: Laramie-Fox Hills Aquifer underlying the Subject Property. Depth: Based upon existing data in the Denver Basin Rules, 2 C.C.R. 402-6, the depth of these wells will be approximately 2,150 feet. The actual well depth may vary based on land surface elevations and aquifer depths verified from drilling and electric logs. 5. Date of Appropriation: The date of appropriation is inapplicable to this application for nontributary Denver Basin underground water rights. 6. Amount Claimed: Applicant claims all of the ground water in the Laramie-Fox Hills Aquifer underlying the Subject Property. The estimated average annual amount available using the Denver Basin Rules, 2 C.C.R. 402-6, is 34.1 acre feet. However, this amount may vary up or down depending upon the Determinations of Fact filed by the State Engineer and the actual aquifer characteristics underlying the Subject Property. 7. Proposed Use: Applicant may use all ground water in the Laramie-Fox Hills Aquifer underlying the Subject Property for environmental remediation, municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational, fish and wildlife, fire protection, or any other beneficial use. This water may be put to direct use or stored for subsequent use, and may also be used for exchange, augmentation, or replacement purposes, both on and off the Subject Property. This water may be used, reused, successively used, and disposed of to extinction. 8. Name(s) and Address(es) of Owners Upon Which Any Structure Is Or Will Be Located, Upon Which Water Is Or Will Be Stored, Or Upon Which Water Is Or Will Be Put to Beneficial Use: Lowry Environmental Protection/Cleanup Trust, c/o Fay C.P.A., 1675 Larimer Street, Suite 730, Denver, CO 80202, (303) 573-9219. 9. Remarks: A. Applicant claims the right to withdraw more than the average annual amount estimated above or decreed in this case pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicant has estimated the amounts of water available for withdrawal from beneath the Subject Property using currently available data from the Denver Basin Rules, Applicant requests the right to revise the average annual amount of withdrawal upward or downward, based on better or revised data including the


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Determinations of Fact filed by the State Engineer in this case, without the necessity of amending or republishing this Application. 10. Request for relief: Applicant requests that the Court enter a decree, which determines that: A. This ground water is nontributary ground water as defined in C.R.S. § 37-90-103(10.5). B. Applicant has the vested right to use all of the ground water in the Laramie-Fox Hills Aquifer underlying the Subject Property. C. The Court will retain jurisdiction with respect to the average annual amount of withdrawal to provide for the adjustment of such amount to conform to actual aquifer characteristics obtained from wells or test holes drilled on or near Applicant’s property pursuant to C.R.S. § 37-92-305(11). (3 pgs) 03CW333 Lowry Environmental Protection/Cleanup Trust, Fay C.P.A., 1675 Larimer Street, Suite 730, Denver, CO 80202, (303) 573-9219. C/O Michael D. Shimmin, Esq. Vranesh & Raisch, POB 871, Boulder, CO 80306. Application for Underground Water Right from the Lower Dawson Aquifer in the Denver Basin, IN ARAPHOE COUNTY. 2. Well permits: Well permits will be applied for when Applicant is prepared to construct the wells. 3. Legal description of overlying land upon which wells will be located: Applicant owns approximately 305.4 acres of land overlying the Lower Dawson Aquifer, which are located in the East 1/2 of Section 36, T4S, R66W of the 6th P.M., Arapahoe County, Colorado, as shown on the map attached and incorporated as Exhibit A (“Subject Property”) and as described in the legal description attached and incorporated as Exhibit B (“Legal Description of Subject Property”). Applicant may withdraw the ground water through wells to be located at any location on the Subject Property, which may include additional wells constructed pursuant to C.R.S. § 37-90-137(10). 4. Source: Lower Dawson Aquifer underlying the Subject Property. 5. Date of Appropriation: The date of appropriation is inapplicable to this application for not nontributary Denver Basin underground water rights. To the extent that an appropriation date is required, it shall be the date of the filing of this application. 6. Amount Claimed: Applicant claims all of the ground water in the Lower Dawson Aquifer underlying the Subject Property. The estimated average annual amount available using the Denver Basin Rules, 2 C.C.R. 402-6, is 0 acre feet. However, this amount may vary up or down depending upon the Determinations of Fact filed by the State Engineer and the actual aquifer characteristics underlying the Subject Property. 7. Proposed Use: Applicant may use all ground water in the Lower Dawson Aquifer underlying the Subject Property for environmental remediation, industrial, commercial, irrigation, livestock watering, recreational, fish and wildlife, fire protection, or any other beneficial use. This water may be put to direct use or stored for subsequent use, and may also be used for exchange, augmentation, or replacement purposes, both on and off the Subject Property. This water may be used, reused, successively used, and disposed of to extinction. 8. Name(s) and Address(es) of Owners Upon Which Any Structure Is Or Will Be Located, Upon Which Water Is Or Will Be Stored, Or Upon Which Water Is Or Will Be Put to Beneficial Use: Lowry Environmental Protection/Cleanup Trust, c/o Fay C.P.A., 1675 Larimer Street, Suite 730, Denver, CO 80202, (303) 573-9219. 9. Remarks: A. Applicant claims the right to withdraw more than the average annual amount estimated above or decreed in this case pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicant has estimated the amounts of water available for withdrawal from beneath the Subject Property using currently available data from the Denver Basin Rules, Applicant requests the right to revise the average annual amount of withdrawal upward or downward, based on better or revised data including the Determinations of Fact filed by the State Engineer in this case, without the necessity of amending or republishing this Application. C. Applicant recognizes that a plan for augmentation is needed before this not


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nontributary ground water is withdrawn. In this case, Applicant does not seek to adjudicate any plan for augmentation, but only to adjudicate its rights to use the ground water in the Lower Dawson Aquifer underlying the Subject Property. 10. Request for relief: Applicant requests that the Court enter a decree, which determines that: A. This ground water is not nontributary ground water as defined in C.R.S. § 37-90-103(10.7). B. Applicant has the vested right to use all of the ground water in the Lower Dawson Aquifer underlying the Subject Property. C. The Court will retain jurisdiction with respect to the average annual amount of withdrawal to provide for the adjustment of such amount to conform to actual aquifer characteristics obtained from wells or test holes drilled on or near Applicant’s property pursuant to C.R.S. § 37-92-305(11). (3 pgs) 03CW334 Lowry Environmental Protection/Cleanup Trust, Fay C.P.A., 1675 Larimer Street, Suite 730, Denver, CO 80202, (303) 573-9219. C/O Michael D. Shimmin, Esq. Vranesh & Raisch, POB 871, Boulder, CO 80306. Application for Underground Water Right from the Denver Aquifer in the Denver Basin, IN ARAPHOE COUNTY. 2. Well permits: Well permits will be applied for when Applicant is prepared to construct the wells. 3. Legal description of overlying land upon which wells will be located: Applicant owns approximately 305.4 acres of land overlying the Denver Aquifer, which are located in the East 1/2 of Section 36, T4S, R66W of the 6th P.M., Arapahoe County, Colorado, as shown on the map attached and incorporated as Exhibit A (“Subject Property”) and as described in the legal description attached and incorporated as Exhibit B (“Legal Description of Subject Property”). Applicant may withdraw the ground water through wells to be located at any location on the Subject Property, which may include additional wells constructed pursuant to C.R.S. § 37-90-137(10). 4. Source: Denver Aquifer underlying the Subject Property. Depth: Based upon existing data in the Denver Basin Rules, 2 C.C.R. 402-6, the depth of these wells will be approximately 1,040 feet. The actual well depth may vary based on land surface elevations and aquifer depths verified from drilling and electric logs. 5. Date of Appropriation: The date of appropriation is inapplicable to this application for not nontributary Denver Basin underground water rights. To the extent that an appropriation date is required, it shall be the date of the filing of this application. 6. Amount Claimed: Applicant claims all of the ground water in the Denver Aquifer underlying the Subject Property. The estimated average annual amount available using the Denver Basin Rules, 2 C.C.R. 402-6, is 126.7 acre feet. However, this amount may vary up or down depending upon the Determinations of Fact filed by the State Engineer and the actual aquifer characteristics underlying the Subject Property. 7. Proposed Use: Applicant may use all ground water in the Denver Aquifer underlying the Subject Property for environmental remediation, municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational, fish and wildlife, fire protection, or any other beneficial use. This water may be put to direct use or stored for subsequent use, and may also be used for exchange, augmentation, or replacement purposes, both on and off the Subject Property. This water may be used, reused, successively used, and disposed of to extinction. 8. Name(s) and Address(es) of Owners Upon Which Any Structure Is Or Will Be Located, Upon Which Water Is Or Will Be Stored, Or Upon Which Water Is Or Will Be Put to Beneficial Use: Lowry Environmental Protection/Cleanup Trust, c/o Fay C.P.A., 1675 Larimer Street, Suite 730, Denver, CO 80202, (303) 573-9219. 9. Remarks: A. Applicant claims the right to withdraw more than the average annual amount estimated above or decreed in this case pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicant has estimated the amounts of water available for withdrawal from beneath the Subject Property


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using currently available data from the Denver Basin Rules, Applicant requests the right to revise the average annual amount of withdrawal upward or downward, based on better or revised data including the Determinations of Fact filed by the State Engineer in this case, without the necessity of amending or republishing this Application. C. Applicant recognizes that a plan for augmentation is needed before this not nontributary ground water is withdrawn. In this case, Applicant does not seek to adjudicate any plan for augmentation, but only to adjudicate its rights to use the ground water in the Denver Aquifer underlying the Subject Property. 10. Request for relief: Applicant requests that the Court enter a decree, which determines that: A. This ground water is not nontributary ground water as defined in C.R.S. § 37-90-103(10.7). B. Applicant has the vested right to use all of the ground water in the Denver Aquifer underlying the Subject Property. C. The Court will retain jurisdiction with respect to the average annual amount of withdrawal to provide for the adjustment of such amount to conform to actual aquifer characteristics obtained from wells or test holes drilled on or near Applicant’s property pursuant to C.R.S. § 37-92-305(11). (3 pgs) 2003CW335 , Central Colorado Water Conservancy District, 3209 West 28th Street, Greeley, Colorado 80631 (Kelly J. Custer, Lind, Lawrence & Ottenhoff, 1011 11th Avenue, Greeley, CO 80631) Application to Make Water Rights Absolute and for Finding of Reasonable Diligence in Weld County. 2. Name of Structure: Neeland B. Siebring Reservoir. 3. Conditional Water Right: a. Original Decree: 88-CW-127, Water Division m 1, May 27, 1990. Amended Decree:, 88-CW-127, Water Division m 1, December 18, 1992. b. Legal Description of Structures: 1. Neeland B. Siebring Reservoir: In the Northwest Quarter of the Northwest Quarter (NW¼NW¼), the South One-Half of the Northwest Quarter (S½NW¼), the North One-half of the Southwest Quarter (N½SW¼), the Northwest Quarter of the Southeast Quarter (NW¼SE¼), and the Southwest Quarter of the Northeast Quarter (SW¼NE¼), Section Thirty-one (31), Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado. 2. Ditch Used to Fill Lake: The William R. Jones Ditch, the headgate of which is on the South side of the Cache La Poudre River in the Northeast Quarter of the Northwest Quarter of the Southwest Quarter, Section 36, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado. c. Source: Surface water tributary to the Cache La Poudre River. d. Appropriation Date: December 18, 1987. e. Amount: 60.2 acre-feet, Absolute, for recreation, gravel washing, dust suppression, reclamation, commercial, replacement and augmentation; 1937.1 acre-feet, Conditional; at a rate up to 25 c.f.s. f. Use: Recreation, fish, wildlife, gravel washing, dust suppression, reclamation, commercial, replacement, augmentation, exchange and irrigation of 125 acres located in the Northwest Quarter of the Northwest Quarter (NW¼NW¼), the South One-Half of the Northwest Quarter (S½NW¼), the North One-half of the Southwest Quarter (N½SW¼), the Northwest Quarter of the Southeast Quarter (NW¼SE¼), and the Southwest Quarter of the Northeast Quarter (SW¼NE¼), Section Thirty-one (31), Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado. 4. Claim to Make Absolute: Applicant diverted the subject water right in priority into storage in 1996, 1997, 1999, 2001, and 2002, and placed the water to beneficial use. Maximum storage and use occurred in 2002. In January through April, 2002, Applicant stored 1328.1 acre-feet and subsequently released this water in June through October of the same year for augmentation purposes. Dates of use: January through April, 2002 (fish and wildlife); June through October, 2002 (replacement and augmentation). Amount: 1328.1 acre-feet. Use: Fish, wildlife, replacement, and augmentation. Description of place of use: Within the high water line of the reservoir location described in 3.B. (fish and wildlife); in the Cache La Poudre River, South Platte River, and their tributaries (replacement and augmentation). 5. Abandonment of uses: Applicant abandons its conditional


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claims for gravel washing, dust suppression, and reclamation. 6. Outline of What Has Been Done Toward Completion of Remaining Conditional Appropriation: During the diligence period, Applicant performed the following acts toward placing the remaining conditional water rights to beneficial use: a. Applicant constructed a pipeline between the storage cells to facilitate storage, at a cost in excess of $230,000. Applicant made repairs to the Jones Ditch diversion dam which diverts water into the reservoir, and conducted maintenance on the water delivery and storage facilities. b. Applicant operated the reservoir and thereby incurred capital and operational expenses at the reservoir for field equipment, supplies, maintenance, fuel, utilities, and salaries. c. The cost of the activities described in subparagraphs a. and b. during the diligence period was approximately $359,175.00. 7. Applicant seeks a decree making 1328.1 acre-feet absolute for fish, wildlife, replacement, and augmentation, and making a finding of reasonable diligence for the remaining conditional portion of the appropriation. (3 pgs) 03CW336 Lowry Environmental Protection/Cleanup Trust, Fay C.P.A., 1675 Larimer Street, Suite 730, Denver, CO 80202, (303) 573-9219. C/O Michael D. Shimmin, Esq. Vranesh & Raisch, POB 871, Boulder, CO 80306. Application for Underground Water Right from the Upper and Lower Arapahoe Aquifers in the Denver Basin, IN ARAPHOE COUNTY. 1. Name, address, telephone number of Applicant: Lowry Environmental Protection/Cleanup Trust, c/o Fay C.P.A., 1675 Larimer Street, Suite 730, Denver, CO 80202, (303) 573-9219. 2. Well permits: Well permits will be applied for when Applicant is prepared to construct the wells. 3. Legal description of overlying land upon which wells will be located: Applicant owns approximately 150.8 acres of land overlying the Upper and Lower Arapahoe Aquifers, which are located in the East 1/2 of Section 6, T5S, R65W of the 6th P.M., Arapahoe County, Colorado, as shown on the map attached and incorporated as Exhibit A (“Subject Property”) and as described in the legal description attached and incorporated as Exhibit B (“Legal Description of Subject Property”). Applicant may withdraw the ground water through wells to be located at any location on the Subject Property, which may include additional wells constructed pursuant to C.R.S. § 37-90-137(10). 4. Source: Upper and Lower Arapahoe Aquifers underlying the Subject Property. Depth: Based upon existing data in the Denver Basin Rules, 2 C.C.R. 402-6, the depth of these wells will be approximately 1,245 feet for the Upper Arapahoe aquifer and 1,540 feet for the Lower Arapahoe aquifer. The actual well depth may vary based on land surface elevations and aquifer depths verified from drilling and electric logs. 5. Date of Appropriation: The date of appropriation is inapplicable to this application for nontributary Denver Basin underground water rights. 6. Amount Claimed: Applicant claims all of the ground water in the Upper and Lower Arapahoe Aquifers underlying the Subject Property. The estimated average annual amount available using the Denver Basin Rules, 2 C.C.R. 402-6, is 37.6 acre feet for the Upper Arapahoe Aquifer and 29.0 acre feet for the Lower Arapahoe Aquifer. However, these amounts may vary up or down depending upon the Determinations of Fact filed by the State Engineer and the actual aquifer characteristics underlying the Subject Property. 7. Proposed Use: Applicant may use all ground water in the Upper and Lower Arapahoe Aquifers underlying the Subject Property for environmental remediation, municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational, fish and wildlife, fire protection, or any other beneficial use. This water may be put to direct use or stored for subsequent use, and may also be used for exchange, augmentation, or replacement purposes, both on and off the Subject Property. This water may be used, reused, successively used, and disposed of to extinction. 8. Name(s) and Address(es) of Owners Upon Which Any Structure Is Or Will Be Located, Upon Which Water Is Or Will Be Stored, Or Upon Which Water Is Or Will


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Be Put to Beneficial Use: Lowry Environmental Protection/Cleanup Trust, c/o Fay C.P.A., 1675 Larimer Street, Suite 730, Denver, CO 80202, (303) 573-9219. 9. Remarks: A. Applicant claims the right to withdraw more than the average annual amount estimated above or decreed in this case pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicant has estimated the amounts of water available for withdrawal from beneath the Subject Property using currently available data from the Denver Basin Rules, Applicant requests the right to revise the average annual amount of withdrawal upward or downward, based on better or revised data including the Determinations of Fact filed by the State Engineer in this case, without the necessity of amending or republishing this Application. C. Applicant intends by this Application to establish and quantify its rights to all ground water in the Arapahoe Aquifer underlying the Subject Property. Applicant believes all such ground water lies within either the Upper or Lower Arapahoe Aquifer, as defined by the Denver Basin Rules. However, if there is any ground water within the undifferentiated Arapahoe Aquifer underlying the Subject Property, Applicant seeks to establish and quantify its rights to that ground water. 10. Request for relief: Applicant requests that the Court enter a decree, which determines that: A. This ground water is nontributary ground water as defined in C.R.S. § 37-90-103(10.5). B. Applicant has the vested right to use all of the ground water in the Upper and Lower Arapahoe Aquifers underlying the Subject Property. C. The Court will retain jurisdiction with respect to the average annual amount of withdrawal to provide for the adjustment of such amount to conform to actual aquifer characteristics obtained from wells or test holes drilled on or near Applicant’s property pursuant to C.R.S. § 37-92-305(11). (3 pgs) 03CW337 Lowry Environmental Protection/Cleanup Trust, Fay C.P.A., 1675 Larimer Street, Suite 730, Denver, CO 80202, (303) 573-9219. C/O Michael D. Shimmin, Esq. Vranesh & Raisch, POB 871, Boulder, CO 80306. Application for Underground Water Right from the Upper and Lower Arapahoe Aquifers in the Denver Basin, IN ARAPHOE COUNTY. 2. Well permits: Well permits will be applied for when Applicant is prepared to construct the wells. 3. Legal description of overlying land upon which wells will be located: Applicant owns approximately 305.4 acres of land overlying the Upper and Lower Arapahoe Aquifers, which are located in the East 1/2 of Section 36, T4S, R66W of the 6th P.M., Arapahoe County, Colorado, as shown on the map attached and incorporated as Exhibit A (“Subject Property”) and as described in the legal description attached and incorporated as Exhibit B (“Legal Description of Subject Property”). Applicant may withdraw the ground water through wells to be located at any location on the Subject Property, which may include additional wells constructed pursuant to C.R.S. § 37-90-137(10). 4. Source: Upper and Lower Arapahoe Aquifers underlying the Subject Property. Depth: Based upon existing data in the Denver Basin Rules, 2 C.C.R. 402-6, the depth of these wells will be approximately 1,271 feet for the Upper Arapahoe Aquifer and 1,600 feet for the Lower Arapahoe Aquifer. The actual well depth may vary based on land surface elevations and aquifer depths verified from drilling and electric logs. 5. Date of Appropriation: The date of appropriation is inapplicable to this application for nontributary Denver Basin underground water rights. 6. Amount Claimed: Applicant claims all of the ground water in the Upper and Lower Arapahoe Aquifers underlying the Subject Property. The estimated average annual amount available using the Denver Basin Rules, 2 C.C.R. 402-6, is 67.2 acre feet for the Upper Arapahoe Aquifer and 60.2 acre feet for the Lower Arapahoe Aquifer. However, these amounts may vary up or down depending upon the Determinations of Fact filed by the State Engineer and the actual aquifer characteristics underlying the Subject


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Property. 7. Proposed Use: Applicant may use all ground water in the Upper and Lower Arapahoe Aquifers underlying the Subject Property for environmental remediation, municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational, fish and wildlife, fire protection, or any other beneficial use. This water may be put to direct use or stored for subsequent use, and may also be used for exchange, augmentation, or replacement purposes, both on and off the Subject Property. This water may be used, reused, successively used, and disposed of to extinction. 8. Name(s) and Address(es) of Owners Upon Which Any Structure Is Or Will Be Located, Upon Which Water Is Or Will Be Stored, Or Upon Which Water Is Or Will Be Put to Beneficial Use: Lowry Environmental Protection/Cleanup Trust, c/o Fay C.P.A., 1675 Larimer Street, Suite 730, Denver, CO 80202, (303) 573-9219. 9. Remarks: A. Applicant claims the right to withdraw more than the average annual amount estimated above or decreed in this case pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicant has estimated the amounts of water available for withdrawal from beneath the Subject Property using currently available data from the Denver Basin Rules, Applicant requests the right to revise the average annual amount of withdrawal upward or downward, based on better or revised data including the Determinations of Fact filed by the State Engineer in this case, without the necessity of amending or republishing this Application. C. Applicant intends by this Application to establish and quantify its rights to all ground water in the Arapahoe Aquifer underlying the Subject Property. Applicant believes all such ground water lies within either the Upper or Lower Arapahoe Aquifer, as defined by the Denver Basin Rules. However, if there is any ground water within the undifferentiated Arapahoe Aquifer underlying the Subject Property, Applicant seeks to establish and quantify its rights to that ground water. 10. Request for relief: Applicant requests that the Court enter a decree, which determines that: A. This ground water is nontributary ground water as defined in C.R.S. § 37-90-103(10.5). B. Applicant has the vested right to use all of the ground water in the Upper and Lower Arapahoe Aquifers underlying the Subject Property. C. The Court will retain jurisdiction with respect to the average annual amount of withdrawal to provide for the adjustment of such amount to conform to actual aquifer characteristics obtained from wells or test holes drilled on or near Applicant’s property pursuant to C.R.S. § 37-92-305(11). (3 pgs) 03CW338 Lowry Environmental Protection/Cleanup Trust, Fay C.P.A., 1675 Larimer Street, Suite 730, Denver, CO 80202, (303) 573-9219. C/O Michael D. Shimmin, Esq. Vranesh & Raisch, POB 871, Boulder, CO 80306. Application for Underground Water Right from the Laramie-Fox Hills Aquifer in the Denver Basin, IN ARAPHOE COUNTY. 2. Well permits:Well permits will be applied for when Applicant is prepared to construct the wells. 3. Legal description of overlying land upon which wells will be located: Applicant owns approximately 305.4 acres of land overlying the Upper and Lower Arapahoe Aquifers, which are located in the East 1/2 of Section 36, T4S, R66W of the 6th P.M., Arapahoe County, Colorado, as shown on the map attached and incorporated as Exhibit A (“Subject Property”) and as described in the legal description attached and incorporated as Exhibit B (“Legal Description of Subject Property”). Applicant may withdraw the ground water through wells to be located at any location on the Subject Property, which may include additional wells constructed pursuant to C.R.S. § 37-90-137(10). 4. Source: Upper and Lower Arapahoe Aquifers underlying the Subject Property. Depth: Based upon existing data in the Denver Basin Rules, 2 C.C.R. 402-6, the depth of these wells will be approximately 1,271 feet for the Upper Arapahoe Aquifer and 1,600 feet for the Lower Arapahoe Aquifer. The actual well depth may vary based on land


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surface elevations and aquifer depths verified from drilling and electric logs. 5. Date of Appropriation: The date of appropriation is inapplicable to this application for nontributary Denver Basin underground water rights. 6. Amount Claimed: Applicant claims all of the ground water in the Upper and Lower Arapahoe Aquifers underlying the Subject Property. The estimated average annual amount available using the Denver Basin Rules, 2 C.C.R. 402-6, is 67.2 acre feet for the Upper Arapahoe Aquifer and 60.2 acre feet for the Lower Arapahoe Aquifer. However, these amounts may vary up or down depending upon the Determinations of Fact filed by the State Engineer and the actual aquifer characteristics underlying the Subject Property. 7. Proposed Use: Applicant may use all ground water in the Upper and Lower Arapahoe Aquifers underlying the Subject Property for environmental remediation, municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational, fish and wildlife, fire protection, or any other beneficial use. This water may be put to direct use or stored for subsequent use, and may also be used for exchange, augmentation, or replacement purposes, both on and off the Subject Property. This water may be used, reused, successively used, and disposed of to extinction. 8. Name(s) and Address(es) of Owners Upon Which Any Structure Is Or Will Be Located, Upon Which Water Is Or Will Be Stored, Or Upon Which Water Is Or Will Be Put to Beneficial Use: Lowry Environmental Protection/Cleanup Trust, c/o Fay C.P.A., 1675 Larimer Street, Suite 730, Denver, CO 80202, (303) 573-9219. 9. Remarks: A. Applicant claims the right to withdraw more than the average annual amount estimated above or decreed in this case pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicant has estimated the amounts of water available for withdrawal from beneath the Subject Property using currently available data from the Denver Basin Rules, Applicant requests the right to revise the average annual amount of withdrawal upward or downward, based on better or revised data including the Determinations of Fact filed by the State Engineer in this case, without the necessity of amending or republishing this Application. C. Applicant intends by this Application to establish and quantify its rights to all ground water in the Arapahoe Aquifer underlying the Subject Property. Applicant believes all such ground water lies within either the Upper or Lower Arapahoe Aquifer, as defined by the Denver Basin Rules. However, if there is any ground water within the undifferentiated Arapahoe Aquifer underlying the Subject Property, Applicant seeks to establish and quantify its rights to that ground water. 10. Request for relief: Applicant requests that the Court enter a decree, which determines that: A. This ground water is nontributary ground water as defined in C.R.S. § 37-90-103(10.5). B. Applicant has the vested right to use all of the ground water in the Upper and Lower Arapahoe Aquifers underlying the Subject Property. C. The Court will retain jurisdiction with respect to the average annual amount of withdrawal to provide for the adjustment of such amount to conform to actual aquifer characteristics obtained from wells or test holes drilled on or near Applicant’s property pursuant to C.R.S. § 37-92-305(11). (3 pgs) 03CW339, CONCERNING THE APPLICATION FOR WATER RIGHTS OF JOHN NORTON, APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY AND NONTRIBUTARY SOURCES AND APPROVAL OF AUGMENTATION PLAN, IN THE NONTRIBUTARY DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER AND LOWER DAWSON AQUIFERS, IN ELBERT COUNTY. 1. Name, address, and telephone number of Applicant: John Norton, 5459 S. Kearney St., Englewood, Colorado 80111 (303) 771-4807 (Carmen S. Hall, Esq., Petrock & Fendel, P.C., 700 17th Street, #1800, Denver, Colorado 80202 (303) 534-0702). 2. Well Permits: Well permits will be applied for prior to construction of the wells. 3. Legal Description of Wells and Subject Property: The wells which will withdraw groundwater from the not nontributary Upper and Lower Dawson and nontributary Denver, Arapahoe and Laramie-Fox Hills aquifers will be located at any location on approximately 112 acres of land located in part of the S1/2S1/2 of Section 12 and the


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N1/2N1/2 of Section 13, T6S, R65W of the 6th P.M., as more particularly described and shown on Attachment A hereto ("Subject Property"). 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Upper and Lower Dawson aquifers is not nontributary as described in Section 37-90-103(10.7) and Section 37-90-137(9)(c), C.R.S. The groundwater to be withdrawn from the Denver, Arapahoe and Laramie-Fox Hills aquifers is nontributary groundwater as described in Section 37-90-103(10.5), C.R.S. 5. Estimated Amounts and Rates of Withdrawal: The wells will withdraw the subject amounts of groundwater at rates of flow necessary to efficiently withdraw the entire decreed amounts. Applicant will withdraw the subject groundwater through wells to be located at any location on the Subject Property, including an existing well as permitted in Well Permit No. 228208 which will be repermitted to operate pursuant to the augmentation plan requested below. Applicant waives any 600 foot spacing rule as described in Section 37-90-137(2), C.R.S. for wells located on the Subject Property. The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. Applicant estimates the following annual amounts are representative of the subject aquifers underlying the Subject Property: Saturated Annual Aquifer Thickness Amount Upper Dawson 81 feet 18 acre-feet Lower Dawson 42 feet 9 acre-feet Denver 343 feet 64 acre-feet* Arapahoe 234 feet 44 acre-feet Laramie-Fox Hills 217 feet 36 acre-feet *Includes water previously permitted in Well Permit No. 54361-F. The average annual amounts available for withdrawal from the subject aquifers will depend on the hydrogeology and the legal entitlement of the Applicant and represents a claim to all groundwater underlying the Subject Property. Part of the Upper and Lower Dawson aquifer amounts available may be reduced for use through exempt wells. 6. Well Fields: Applicant requests that this Court determine that Applicant has the right to withdraw all of the legally available groundwater lying below the Subject Property, through the wells requested herein, which may be located anywhere on the Subject Property, and any additional wells which may be completed in the future as Applicant’s well fields. As additional wells are constructed, applications will be filed in accordance with Section 37-90-137(10), C.R.S. 7. Proposed Use: Applicant will use all water withdrawn from the subject aquifers in a water system to be used, reused, successively used, leased, sold, or otherwise disposed of for the following beneficial purposes: domestic, industrial, commercial, irrigation, livestock watering, recreational, fish and wildlife, fire protection, storage, exchange and augmentation purposes, both on and off the property. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to Section 37-92-302(2), and Section 37-90-137(6), C.R.S. 9. Description of plan for augmentation: A. Groundwater to be augmented: 3 acre-feet per year of Upper Dawson aquifer and 3 acre-feet per year of Lower Dawson aquifer groundwater requested herein as described in paragraph 5 above. B. Water rights to be used for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. C. Statement of plan for augmentation: Applicant will use the Upper Dawson and Lower Dawson aquifer water for inhouse, irrigation, and stockwatering use through individual wells, including the well previously permitted in Permit No. 228208, to serve three residential lots at rates of flow of 15 gpm. Each well will be limited to an annual withdrawal of 1 acre-foot per year for inhouse use (0.4 acre-feet per year), irrigation of 8500 square-feet of lawn, garden, and trees (0.5 acre-feet per year), and stockwatering of 8 large domestic animals (0.1 acre-feet per year). Applicant may revise these values based on final planning considerations for the Subject Property without amending this application or republishing the same. Sewage treatment for inhouse use will be provided by non-evaporative septic systems. Consumptive use associated with in-house use will be approximately 10% of water used and it is estimated that approximately 10% of water used for irrigation will be returned to the stream system. Stockwatering uses will be considered to be 100% consumptively used. Before any other type of sewage treatment is proposed in the future, including incorporation of the lots into a central sewage collection and treatment system, Applicant, or successors and assigns, will amend this decree prior to such change and thereby provide notice of the proposed change to other water users by publication procedures required by then existing law. During pumping Applicant will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c), C.R.S. Applicant estimates that depletions may occur to the Coal Creek or Running Creek stream systems. Return flows from use of the subject water will accrue to the South Platte River system, and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicant will reserve an equal amount of nontributary groundwater underlying the Subject Property to meet augmentation requirements. 10. Remarks: A. Applicant claims the right to withdraw more than the average annual amounts estimated in paragraph 5 above pursuant to Rule 8.A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicant


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has estimated the amounts of water available for withdrawal from the subject aquifers based on estimates of relative values for specific yield and saturated thickness, Applicant requests the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. C. Applicant may withdraw part of the not nontributary Upper and Lower Dawson aquifer groundwater requested herein under the plan of augmentation requested herein pursuant to Section 37-90-137(9)(c), C.R.S. WHEREFORE, Applicant prays that this Court enter a Decree: 11. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 12. Specifically determining that: A. Applicant has complied with 37-90-137(4), C.R.S., and water is legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near the Subject Property, pursuant to 37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; B. The groundwater in the Upper and Lower Dawson aquifers is not nontributary and groundwater in the Denver, Arapahoe and Laramie-Fox Hills aquifers is nontributary groundwater; C. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater and the plan for augmentation proposed herein; D. No findings of diligence are required to maintain these water rights. FURTHER, Applicant prays that this Court grant such other relief as seems proper in the premises. (4 pgs; attachments-2 pgs) 2003CW340 DANIEL N. WARNER, 8080 South Holly Street, Littleton, Colorado 80122, NORTH FORK ASSOCIATES, LLC and the MOUNTAIN MUTUAL RESERVOIR COMPANY, 2525 South Wadsworth Blvd., Suite 306, Denver, Colorado 80227. (c/o David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR UNDERGROUND WATER RIGHTS, APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT. IN JEFFERSON COUNTY. APPLICATION FOR UNDERGROUND WATER RIGHTS: 1. Names of Wells and Permit, Registration or Denial Numbers: Warner Well Nos. 1-8. 2. Legal Description of the Wells: Pursuant to Policy Memo No. 99-1 of the State Engineer, Daniel N. Warner ("Warner"), requests conditional underground water rights for the Warner Well Nos. 1-8. The exact locations of the wells will not be known until the subdivision of the property described herein is approved by Jefferson County. However, the wells can generally be described as being within the W 1/2 SW 1/4 NE 1/4, the W 1/2 NW 1/4 SE 1/4 and the NE 1/4 SW 1/4 of Section 7, Township 6 South, Range 70 West, 6th P.M., Jefferson County, Colorado. 3.A. Ground water which is tributary to South Turkey Creek, Turkey Creek, Bear Creek and the South Platte River. 3.B. Depth of all Wells: 700 feet, approximate. 4.A. Date of Appropriation: September 29, 2003. 4.B. How Appropriation was Initiated: Survey of the property and the filing of this Application. 4.C. Date Water Applied to Beneficial Use: N/A. 5. Amount Claimed: 15 gallons per minute, Conditional, for each well. 6. Uses: Domestic and ordinary household purposes, the watering of domestic animals, the irrigation of lawns and gardens and fire protection purposes. 7. Name and Address of Owner of Land and on which the Wells are or will be Located: Daniel N. Warner, as described above. APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT: 1. Names of Structures to be Augmented: The wells described in Claim No. 1. 2. Water Rights to be Used for Augmentation Purposes. a. Warner has entered into a contract with North Fork Associates, LLC to purchase 18.0 shares of the capital stock of the Mountain Mutual Reservoir Company, ("MMRC"). The 18.0 shares represent the right to receive 0.566 of an acre foot of augmentation water per year from the water rights and storage facilities MMRC holds for the benefit of its shareholders, as more particularly described below. b. The water rights which MMRC owns for the benefit of its shareholders (hereinafter referred to as the "Bear Creek/Turkey Creek water rights"), are summarized as follows: i. Harriman Ditch. 7.71 shares of the 400 shares of capital stock (1.93%), issued and outstanding in the Harriman Ditch Company. Said Company owns direct flow water rights decreed to the


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Harriman Ditch. Pursuant to the Decree entered in Civil Action No. 6832, on February 4, 1884, the Ditch was awarded the following direct flow priorities:

Appropriation Priority MMRC Date No. Source Amount Entitlement April 15, 1868 21 Turkey Creek 10.75 cfs 0.2072 cfs March 16, 1869 23 Bear Creek 7.94 cfs 0.1530 cfs May 1, 1871 25 Bear Creek 25.54 cfs 0.4923 cfs March 1, 1882 30 Bear Creek 12.87 cfs 0.2481 cfs

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

Appropriation Priority MMRC Date No. Source Amount Entitlement December 1, 1861 4 Bear Creek 12.33 cfs 0.1541 cfs April 16, 1862 8 Turkey Creek 2.86 cfs 0.0358 cfs October 31, 1864 14 Bear Creek 25.47 cfs 0.3184 cfs April 1, 1865 16 Bear Creek 11.49 cfs 0.1436 cfs

The headgates of the Warrior Ditch are the same as those of the Harriman Ditch, described above. The Ditch was originally decreed for irrigation purposes. iii. Soda Lakes Reservoir Nos. 1 and 2. 8.71 shares of the 400 shares of capital stock (2.18%), issued and outstanding in the Soda Lakes Reservoir and Mineral Water Company. Said Company owns storage water rights decreed to the Soda Lakes Reservoir Nos. 1 and 2. Pursuant to the Decree entered in Civil Action No. 91471 on September 24, 1935, the Soda Lake Reservoir Nos. 1 and 2 were adjudicated for 1,794 acre feet for irrigation purposes, and 598 acre feet for storage for supplying the City of Denver with water for municipal purposes, including the watering of lawns and gardens. The date of appropriation awarded the structures was February 11, 1893. The Soda Lakes Reservoirs are located in Section 1, Township 5 South, Range 70 West, 6th P.M., Jefferson County. The Reservoirs are filled through the Harriman Ditch. iv. Meadowview Reservoir. The structure is located in the NE 1/4 SW 1/4 and the NW 1/4 SE 1/4 of Section 26, Township 5 South, Range 71 West, 6th P.M., Jefferson County, Colorado. Meadowview Reservoir was awarded a conditional water right in Case No. 2001CW294, in an amount of water up to 50 acre feet, for augmentation, replacement, exchange and substitution purposes, with the understanding that the amount will be reduced to the difference between 50 acre feet and the volume of water decreed in Case No. 94CW290 for the same purposes. The source is water tributary to North Turkey Creek. Harriman Ditch and Warrior Ditch direct flow water and water available to MMRC in the Soda Lakes Reservoirs will also be stored in Meadowview Reservoir by exchange pursuant to the appropriative rights of substitution


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and exchange decreed in Case Nos. 2000CW060 and 2001CW293, and the currently pending claim in Case No. 94CW290. c. The overall "firm" yield of consumptive use water available from the MMRC portfolio of Bear Creek/Turkey Creek water rights and storage facilities was quantified in the Decree entered by the District Court for Water Division 1 in Case No. 2001CW293, dated July 16, 2003. The terms and conditions under which the Bear Creek/Turkey Creek water rights are used for augmentation and replacement purposes are set forth in the Decree in Case No. 2001CW293, and are deemed to be res judicata in future proceedings involving such rights, pursuant to Williams v. Midway Ranches, 938 P.2d 515 (Colo. 1997). Reference is made to the Decree in Case No. 2001CW293 for more detailed information. 3. Statement of Plan for Augmentation, Covering all Applicable Matters under Sections 37-92-103(9), 302(1)(2) and 305(8), 10 C.R.S.: a. Warner proposes to subdivide a tract of land consisting of approximately 75 acres into seven residential lots and a community stable. The property is located in the W 1/2 SW 1/4 NE 1/4, the W 1/2 NW 1/4 SE 1/4 and the NE 1/4 SW 1/4 of Section 7, Township 6 South, Range 70 West, 6th P.M., Jefferson County, Colorado. The water supply for the residences and the stable will be obtained from the Warner Well Nos. 1-8. b. Wastewater from all in-building uses of water will be treated utilizing non-evaporative septic systems with soil absorption leach fields. Return flows will be to South Turkey Creek. c. Based on prior engineering studies of similar residential subdivisions, it is assumed that the maximum average occupancy for each single family residence will be 3.5 persons per residence and that the per capita daily water usage will not exceed 80 gallons as an annual average. The augmentation plan will also cover the irrigation of 500 square feet of lawn grass, or equivalent gardens, per lot, and the watering of twenty-one horses. Water requirements for horses are assumed to be 10 gallons per animal per day. Gross irrigation requirements for lawn grass are anticipated to be no more than 1.25 acre feet of water per irrigated acre. Gross irrigation requirements for gardens are anticipated to be no more than 0.5 of an acre foot of water per irrigated acre. The total volume of water required for the development is projected to be approximately 2.84 acre feet per year. d. Depletions associated with water which is used inside the single family residences and the stable will be based on a ten percent (10%) consumption factor. All of the water supplied to horses is assumed to be consumed. Consumption of lawn grass at this location is 1.0 acre foot per acre. Consumption of gardens is 0.4 of an acre foot per acre. e. The required volume of augmentation water will be provided from the sources described in Paragraph No. 2, above. Due to the small volume of annual stream depletions projected to occur under this plan, instantaneous stream depletions may be aggregated and replaced by one or more releases from storage of short duration. f. During those times when the exchange decreed in Case No. 2001CW293 can be operated, depletions to South Turkey Creek, Turkey Creek and points downstream will be augmented by either continuously leaving a portion of MMRC's direct flow water rights in the stream or periodically releasing water stored in the Soda Lakes Reservoirs. During times when such an exchange cannot be operated, depletions will primarily be augmented by periodically releasing water from Meadowview Reservoir. h. Since the point of depletion associated with water use from the wells described herein is to South Turkey Creek, Warner asserts an appropriative right of substitute supply and exchange pursuant to Sections 37-80-120 and 37-92-302(1)(a), 10 C.R.S. The reach of the exchange shall extend from the confluence of Bear Creek and Turkey Creek at Bear Creek Lake in Section 5, Township 5 South, Range 69 West, 6th P.M., Jefferson County, Colorado; thence up Turkey Creek to the confluence of North Turkey Creek and South Turkey Creek in the NW 1/4 NW 1/4 of Section 27, Township 5 South, Range 70 West, 6th P.M.; and thence up South Turkey Creek to the point where depletions from the wells impact South Turkey Creek in the SW 1/2 NE 1/4 of Section 7,


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Township 6 South, Range 70 West, 6th P.M. The exchange will operate to replace depletions to the flow of water in South Turkey Creek, Turkey Creek, Bear Creek and the South Platte River as the depletions occur. The exchange will be administered with a priority date of September 29, 2003, at a maximum flow rate of 0.002 of a cubic foot per second. 4. Names and Addresses of Owners of Land on which Structures are or will be Located: a. Harriman Ditch and Warrior Ditch: Harriman Ditch Company, c/o Jerry Foster, 1600 West 12th Avenue, Denver, Colorado 80204-3412. b. Soda Lakes Reservoir Nos. 1 and 2: Soda Lakes Reservoir and Mineral Water Company, c/o Jerry Foster, 1600 West 12th Avenue, Denver, Colorado 80204-3412. c. Meadowview Reservoir: Evergreen Memorial Park, Inc., 26624 North Turkey Creek Road, Evergreen, Colorado 80439. d. Structures described in Paragraph No. 1: Daniel N. Warner, as above described. WHEREFORE, Warner requests the entry of a decree approving this Application, specifically determining that the source and location of delivery of augmentation water are sufficient to eliminate material injury to vested water rights. Warner also requests a determination that the wells described herein can be operated without curtailment so long as out-of-priority stream depletions are replaced as proposed herein. Warner further requests the entry of an Order directing the State Engineer to issue permits for the construction and use of the subject wells. (8 pages). 03CW341 PINE BROOK WATER DISTRICT ,c/o Robert de Haas, Manager, 1043 N. Cedar Brook Road, Boulder, Colorado 80304, (303) 443-5394; with a copy of all pleadings to: Glenn E. Porzak, Kevin J. Kinnear, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, Colorado 80302, (303) 443-6800. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION, INCLUDING EXCHANGE, IN BOULDER COUNTY, 2. Name of Structure to be Augmented: Pine Brook Reservoir, application pending in Case No. 02CW333, in the District Court in and for Water Division No. 1 (the “Water Court”), for 300 acre feet conditional, for municipal purposes, including but not limited to domestic, irrigation, and fire protection uses, the sources of which are Fourmile Creek and 2 Mile Creek, and which is located in the SW¼ of Section 14, T.1N., R.71W., 6th P.M. 3. Augmentation Water Rights: By decree of the Water Court in Case No. 81CW466, entered on May 8, 1984, a plan for augmentation was approved which entitles Pine Brook to divert, store, use, and fully consume water from the following water rights: A. One share out of 100 outstanding shares of the Farmers Ditch Company, which owns a decree for 73.29 cfs, with an appropriation date of October 1, 1862 and an adjudication date of June 2, 1882, from Boulder Creek at a point in the NW¼ NW¼ of Section 36, T.1N., R.71W., 6th P.M., Boulder County, Colorado. By decree of the Water Court in Case No. 81CW466, Pine Brook is entitled to divert and/or store 62.2 acre feet of fully consumable water per year at a rate not to exceed 0.4397 cfs, during the period April 15 through October 15, under its pro rata interest in the Farmers Ditch priority. B. Thirty-four shares of the 5,500 issued and outstanding shares of the Boulder and White Rock Ditch and Reservoir Company, which diverts from Boulder Creek at a point in the SW¼ SW¼ of Section 30, T.1N., R.70W., 6th P.M., Boulder County, Colorado, near the Broadway Street Bridge in the City of Boulder, and stores at the locations and under the priorities set forth in the attached Exhibit A. By decree of the Water Court in Case No. 81CW466, Pine Brook is entitled to divert and/or store 23.1 acre feet per year (11.3 acre feet attributable to direct flow water and 11.8 acre feet attributable to storage water) at a rate not to exceed 0.12 cfs, during the period May 1 through September 1, under its pro rata interest in the priorities set forth in paragraphs 1 and 3 - 7 of the attached Exhibit A. C. 0.71 cfs (up to 85.0 acre feet per year) of the Wellman, Nichols and Hahn Ditch, which by decree of the Water Court entered in Case No. W-8461-77 may be diverted during the period April 15 through September 15 at the following two alternate points of diversion: 1. Wittemyer Well No. 1-9295-F (a/k/a Well No. PB 13), located in the SE¼ SE¼ of Section 21, T.1N., R.71W., 6th P.M., Boulder County, Colorado, at a point 1,040 feet North and 710 feet West of the SE Corner of said Section 21. 2. Wittemyer Pump and Pipeline (a/k/a Pine Brook Fourmile Surface Diversion), located in the SE¼ SE¼ of Section 21, T.1N., R.71W., 6th P.M., Boulder


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County, Colorado, commencing at corner no. 3 of the Clem Thomas Placer, mineral survey no. 87, in said Section 21; thence S. 26Ε32’40” W., 100.07 feet along line 3-4 of said Clem Thomas Placer; thence S. 43Ε11’30” E., 78.80 feet to the true point of beginning, which point is located on Fourmile Creek, a tributary of Boulder Creek. D. An undivided 9/10th interest in the Wittemyer Well No. 1-9295-F decreed by the Water Court in Case No. W-6325 for 0.0933 cfs for domestic and irrigation uses, located as described in paragraph 3(C)(1) above. E. Well No. PB 13 and Pine Brook Fourmile Surface Diversion decreed by the Water Court in Case No. 81CW393 for 0.333 cfs for all municipal purposes, with an appropriation date of March 4, 1981, located as described in paragraphs 3(C)(1) and (2) above. These water rights were changed in Case No. 81CW466 to include storage, and they were changed from irrigation to all municipal purposes, including but not limited to domestic, stockwatering, irrigation and recreation uses, either directly or by augmentation and/or exchange within Pine Brook’s service area (see attached map). Further, it changed and exchanged these water rights to various alternate points of diversion, including Well No. PB 13 and/or the Pine Brook Fourmile Surface Diversion, more particularly described above. By decree of the Water Court in Case No. 90CW184, Pine Brook also was granted the right to divert the subject augmentation water rights at Wood Well No. 1 as an additional alternate point of diversion. 4. Statement of plan for augmentation: Pursuant to its water rights and plan for augmentation described in paragraph 3 above, Pine Brook fully augments all of its diversions from Fourmile Creek at Well No. PB 13, the Pine Brook Fourmile Surface Diversion, and Wood Well No. 1. Such diversions are fully consumable, and they are delivered to users in the Pine Brook service area. The return flows from such uses accrue primarily to 2 Mile Creek, with some return flows accruing to Sunshine Canyon Creek and the remainder to Fourmile Canyon Creek. To augment out of priority storage in Pine Brook Reservoir, described in paragraph 2 above, Pine Brook will commit to 2 Mile Creek and Boulder Creek an equal amount of the return flows from the fully consumable augmentation water rights described in paragraph 3 above. Such return flows may be used as replacement water directly in 2 Mile Creek, Sunshine Canyon Creek, and/or Boulder Creek. Alternatively, they may be captured and stored in Pine Brook Reservoir, either directly or by exchange, as described below. 5. Statement of plan for exchange: Some return flows associated with use of the augmentation water rights will return to 2 Mile Creek at points below Pine Brook Reservoir. Such return flows will be used to augment out of priority storage directly or after being stored as described in paragraph 4 above. Such return flows that are not used as direct replacement will be exchanged from their downstream terminus up to Pine Brook Reservoir. The downstream terminus of the exchange is the point where 2 Mile Creek terminates, which point is located in the NE¼ of Section 24, T.1N., R.71W. 6th P.M., in Boulder County near the intersection of Broadway and Iris Street in the City of Boulder. The upstream terminus of the exchange is Pine Brook Reservoir, described in paragraph 2 above. There is no surface connection between 2 Mile Creek and any other natural watercourse, including Boulder Creek. 6. Names and addresses of owners upon which any structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use. The owners of land upon which the augmented structure, Pine Brook Reservoir, will be located include: Pine Brook Hills Fire Protection District,1905 Linden Drive, Boulder CO 80304; J. Kirk Hendricks, 67 Wild Horse Circle, Boulder CO 80304; Jill Kamon & Christopher G.E. Vans, 725 Timber Lane, Boulder CO 80304; Douglas & Mary Barakat, 395 Timber Lane, Boulder CO 80304; John and Susan McFetridge, 341 Timber Lane, Boulder CO 80304; John and Valery McNally, 275 Timber Lane, Boulder CO 80304; Michael Hecht, PO Box 331, Boulder CO 80306-0331; William and Jane Lillydahl, 2150 Linden Drive, Boulder CO 80304. Pine Brook is in the process of obtaining appropriate interests in the reservoir property from the owners indicated above, who were identified in Pine Brook’s application in Case No. 02CW333. Pine Brook is the owner of facilities, including appropriate easements and rights of way, by which water has been diverted for beneficial uses pursuant to Case No. 81CW466, and by which such water will be diverted for use in Pine Brook and return to the Boulder Creek drainage. 7. Dominion and control: Pine Brook seeks confirmation that, pursuant to C.R.S. § 37-82-106, Pine


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Brook has not released dominion of the return flows of the fully consumable water described herein. (5 pgs; attachments – 2 pgs) 03CW342 (96CW172) The City of Westminster, 4800 West 92nd Avenue, Westminster, Colorado 80030, (303) 430-2400. Please send all Correspondence to: Lee H. Johnson, Carlson, Hammond & Paddock, 1700 Lincoln Street, Suite 3900, Denver, Colorado 80203. Application for Finding of Reasonable Diligence IN ADAMS AND JEFFERSON COUNTIES. 2. Name of Structures: (1) Ralston Creek Exchange; and (2) West Gravel Lakes to Manhart Ditch Exchange. 3. Description of conditional water rights: The conditional water rights at issue here are two conditional appropriative rights of exchange confirmed and adjudicated in Case No. 88CW269, Water Division No. 1 A finding of reasonable diligence was entered by the Water Court, Water Division No. 1, on August 25, 1997 in Case No. 96CW172. The subject exchanges are closely related to certain change of use and exchanges decreed in Case No. 88CW268, Water Division No. 1, (the “Cosmic Decree”), and together make up a component of the City of Westminster’s (“Westminster”) integrated water system on Clear Creek. Ralston Creek Exchange A. Date of Original Decree: Case No. 88CW269, Water Court, Division 1, State of Colorado, decreed on July 20, 1990. B. Legal Description: The location of the exchange structures are as follows: (1)The Happe Ponds (now know as Jim Baker Reservoir): Located in the S½ of the NW1/4 of Section 7 and the N1/2 of the SE1/4 of Section 7, Township 3 South, Range 68 West of the 6th P.M., Adams County, Colorado. (2) The Kershaw Ditch: A point of diversion located on the North bank of Clear Creek in the NE1/4 of the NW1/4 of Section 18, Township 3 South, Range 68 West of the 6th P.M., Adams County, Colorado. (3) The Manhart Ditch: A point of diversion located on the North bank of Ralston Creek in the SW1/4 of Section 12, Township 3 South, Range 69 West of the 6th P.M., Jefferson County, Colorado. C. Source: Clear Creek and Ralston Creek. Pursuant to the Decree in Case No. 88CW269, and subsequent finding of reasonable diligence in Case No. 96CW172, Clear Creek water available for storage in Jim Baker Reservoir (f.k.a. the Happe Ponds) pursuant to the Decree in Case No. 88CW268 that ordinarily would be diverted at the Kershaw Ditch headgate on Clear Creek, will be left in Clear Creek and an equal amount of water will be diverted by exchange at the headgate of the Manhart Ditch on Ralston Creek for storage in Jim Baker Reservoir. This exchange allows the use of gravity to fill Jim Baker Reservoir via the Manhart Ditch, rather than pumping to fill Jim Baker Reservoir via the Kershaw Ditch. D. Appropriation Date: June 10, 1988. E. Amount: 768 acre-feet maximum per year (less transit loss), at a daily average rate of flow of 25 c.f.s., subject to the maximum rate of flow for all alternate points of storage in paragraph 12.5 of the decree in Case No. 88CW268. West Gravel Lakes to Manhart Ditch Exchange. A. Date of Original Decree: Case No. 88CW269, Water Division No. 1, decreed on July 20, 1990. B. Legal Description: The location of the exchange structures are as follows: (1) The West Gravel Lakes: Located just West of the South Platte River approximately ½ mile East of the intersection of East 80th Avenue and North York Street in Sections 25 and 36, Township 2 South, Range 68 West of the 6th P.M., Adams County, Colorado. (2) The Manhart Ditch: A point of diversion located on the North bank of Ralston Creek in the SW1/4 of Section 12, Township 3 South, Range 69 West of the 6th P.M., Jefferson County, Colorado. (3) The Happe Ponds (now know as Jim Baker Reservoir): Located in the S1/2 of the NW1/4 of Section 7 and the N1/2 of the SE1/4 of Section 7, Township 3 South, Range 68 West of the 6th P.M., Adams County, Colorado. (4) The Lower Clear Creek Ditch: A point of diversion located on the North bank of Clear Creek at a point 1400 feet West and 1200 feet North of the Southeast corner of Section 4, Township 3 South, Range 68


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West of the 6th P.M., Adams County, Colorado. C. Source: Water stored for Westminster in the West Gravel Lakes under the exercise of the Standley Lake alternate place of storage right, pursuant to the decree in Case No. 88CW268, will be released to the South Platte River or the Lower Clear Creek Ditch and an equivalent amount of water will be diverted at the Manhart Ditch point of diversion on Ralston Creek for storage in Jim Baker Reservoir Happe Ponds (now known as Jim Baker Reservoir), said storage and subsequent use to be pursuant to the terms of the decree in Case No. 88CW268. The points of substitution or exchange will be as follows: (1) The South Platte River at the point of discharge from West Gravel Lakes located in the W½ of the NW1/4 of Section 30, Township 2 South, Range 67 West of the 6th P.M., Adams County, Colorado; (2) The Lower Clear Creek Ditch, the point of diversion of which is on the North bank of Clear Creek at a point 1400 feet West and 1200 feet North of the Southeast corner of Section 4, Township 3 South, Range 68 West of the 6th P.M., Adams County, Colorado, through either of two methods: (a) Subject to the provisions of the decree of this Court in 81CW448, water in the West Gravel Lakes owned by Westminster may be removed from Westminster’s account and placed in Thornton’s account in place of Clear Creek water which would otherwise be diverted for Thornton’s shares in the Lower Clear Creek Ditch; or (b) Water from West Gravel Lakes may be pumped into the Lower Clear Creek Ditch, at a point located in the N1/2 of Section 25, Township 2 South, Range 68 West of the 6th P.M., Adams County, Colorado, in place of Clear Creek water which would otherwise be diverted for Lower Clear Creek Ditch Company shareholders other than Thornton. D. Appropriation Date: June 10, 1988. E. Amount: 945 acre-feet maximum per year (less transit loss), at a maximum rate of flow of 99.5 c.f.s. (50 c.f.s. to the South Platte River and 49.5 c.f.s. to Lower Clear Creek Ditch). 4. Detailed outline of what has been done toward completion of the appropriation and application to a beneficial use. A. During the diligence period and in the non-irrigation season of 2000 - 2001, Westminster diverted 186.7 acre feet of water by exchange at the Manhart Ditch headgate. This diverted water constituted “Cosmic” water under the decree in Case No. 88CW268 (“Cosmic Water”) and was reduced to storage in Jim Baker Reservoir (f.k.a. Happe Ponds). Specifically, in the month of January, 2001,76.13 acre feet of said water was diverted by exchange at the Manhart Ditch. In February, 2001, 90.28 acre feet of said water was diverted by exchange at the Manhart Ditch. In March 2001, 20.29 acre feet of said water was diverted by exchange at the Manhart Ditch. Cosmic Water that was reduced to storage in Jim Baker Reservoir through the exchange decreed in Case No. 88CW269 was subsequently put to beneficial use. B. During the prior diligence period Westminster constructed Jim Baker Reservoir (f.k.a. Happe Ponds). Construction included completion of dredging of the lake, lining of the reservoir, and construction of appurtenant facilities, including inlet and outlet works, spillway and wetlands. The Reservoir was completed and dedicated in the spring of 1996. The total construction cost during the prior diligence period was approximately $3,500,000. During the current diligence period, Westminster has operated and maintained the Reservoir. Activities include, but are not limited to, monitoring lake levels, operating, maintaining and repairing inlet and outlet works, accounting and record keeping activities, wetlands monitoring and general reservoir maintenance activities. Operation and maintenance of the reservoir is an integral component of both conditional exchanges. Operation and maintenance expenses have been incurred during the diligence period, including, but not limited to City staff time, expenses and outside consultant expenses. During the diligence period, Westminster has also paid funds in the form of ditch assessments to both the Manhart Ditch Company and the Kershaw Ditch Company. Said funds have been used, in part, to maintain the ditches necessary for operation of the conditional


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exchanges. C. During prior diligence periods, the City of Thornton has completed the construction of the West Gravel Lakes. Westminster is the owner of a storage account at the West Gravel Lakes, that is used, in part, for storage of water pursuant to the decree in Case No. 88CW268. Although no Cosmic Water stored in the West Gravel Lakes pursuant to the decree in Case No. 88CW268 was exchanged to Jim Baker Reservoir pursuant to the conditional West Gravel Lakes to Manhart Ditch Exchange decreed in Case No. 88CW269, Cosmic Water was stored in Westminster’s West Gravel Lakes storage account and exchanged further up Clear Creek for storage in Standley Lake pursuant to other decreed exchanges or otherwise beneficially used. Westminster has incurred expenses during the diligence period associated with its storage account at the West Gravel Lakes, including but not limited to expenses associated with the operation and maintenance of its storage account and the Lower Clear Creek/Colorado Agricultural ditches as well as pumping costs associated with the operation of the storage account. D. During the diligence period, Westminster has participated in various Division No. 1 Water Court cases in an effort, in part, to protect and maintain exchange potential on Clear Creek. Said expenses have been incurred during the diligence period. E. During the diligence period, Westminster has continued the development of its Clear Creek Water Supply System. Activities have included, among other things, acquisition of additional interests in water on Clear Creek and its tributaries and the South Platte River, filing and prosecuting Water Court applications to incorporate said interests into the City’s Water Supply System, entering into contracts for the construction of additional storage vessels, entering into a carriage agreement to fill said vessels, rehabilitation of the Standley Lake dam and participation in numerous Water Court cases for purposes of protecting, maintaining and developing Westminster’s Water Supply System. Expenses associated with these activities have been incurred during the diligence period. 5. Water applied to beneficial use: 186.7 acre feet of the Ralston Creek Exchange originally decreed conditional in Case No. 88CW269 has been diverted by exchange at the Manhart Ditch for storage in Jim Baker Reservoir and subsequently put to beneficial use. WHEREFORE, Westminster requests the Court to enter its decree and ruling as follows: A. To make absolute 186.7 acre feet of the Ralston Creek Exchange originally decreed conditional in Case No. 88CW269, and to enter a finding of reasonable diligence with respect to the remaining 581.3 acre-feet of the remaining Ralston Creek Exchange conditional water right and providing that a subsequent showing of diligence for the remaining conditional water right be made six years from the date of entry of a decree of diligence. B. To enter a finding of reasonable diligence with respect to the entire 945 acre feet of the West Gravel Lakes to Manhart Ditch Exchange originally decreed conditional in Case No. 88CW269 and providing that a subsequent showing of diligence for the remaining conditional water right be made six years from the date of entry of a decree of diligence. C. In the alternative, to enter a finding of reasonable diligence for the entirety of both the 768 acre feet conditional for the Ralston Creek Exchange and 945 acre feet for the West Gravel Lakes to Manhart Ditch Exchange and providing that a subsequent showing of diligence for the remaining conditional water right be made six years from the date of entry of a decree of diligence. (6 pgs) 03CW343 CONCERNING THE APPLICATION FOR WATER RIGHTS OF PONDEROSA HILLS LOT OWNERS, BEING WILLIAM AND EUNICE ABBEY, ET. AL., APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY ARAPAHOE AND LARAMIE-FOX HILLS AQUIFERS, IN DOUGLAS COUNTY. 1. Names, Addresses, and Telephone Numbers of


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Applicants: Ponderosa Hills Lot Owners, being William and Eunice Abbey, et al., c/o 12399 Pine Cone Road, Parker, Colorado 80138 (303) 841-3677. The names, addresses and telephone numbers of each Applicant are described on Attachment A hereto. (Carmen S. Hall, Esq., Petrock & Fendel, P.C., 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202 (303) 534-0702). 2. Well Permits: Well permits will be applied for prior to construction of the wells, which are the subject of this application. 3. Legal Description of Wells and Subject Property: Applicants are the owners of approximately 222 residential lots located in Ponderosa Hills Subdivisions Filings 1 and 2, which are generally located in the W1/2 and part of the E1/2NE1/4 of Section 11 and all of Section 12, T6S, R66W, and part of the E1/2 of Section 7, T6S, R65W, both of the 6th P.M. as shown on Attachment B hereto (Subject Property). The 222 lots are comprised of a total of approximately 655.2 acres and the legal descriptions and acreage associated with Applicants’ respective lots are more particularly described on Attachment A hereto. Applicants will own a pro-rata interest in the total amount of groundwater requested herein underlying their respective lots. The wells which will withdraw the subject groundwater will be located at any location on the Subject Property at rates of flow which are necessary to withdraw the final decreed amount. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property is nontributary groundwater as described in §37-90-103(10.5), C.R.S. 6. Estimated Amounts: The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. Applicants estimate that the following annual amounts are representative of the aquifers underlying the Subject Property: Saturated Annual Aquifer Thickness Amount Arapahoe 275 feet 306 acre-feet Laramie-Fox Hills 220 feet 216 acre-feet 7. Well Fields: Applicants request that this Court determine that Applicants have the right to withdraw all of the legally available groundwater lying below their respective lots, through wells or any additional wells which may be completed in the future, as Applicants' well fields, subject to Rule 11.B of the Statewide Nontributary Ground Water Rules (2 CCR 402-7). 8. Proposed Use: The water will be used for the following beneficial purposes: domestic, industrial, commercial, irrigation, livestock watering, fire protection, and augmentation purposes. 9. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to §§37-92-302(2) and 37-90-137(6), C.R.S. 10. Remarks: A. Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 6 above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Applicants request the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. WHEREFORE, Applicants pray that this Court enter a Decree: 11. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 12. Specifically determining that: A. Applicants have complied with §37-90-137(4), C.R.S., and water is legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained pursuant to §37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; and B. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater proposed herein. FURTHER, Applicants pray that this Court grant such other relief as it deems proper in the premises. (14 pages) 2003CW344, CONCERNING THE APPLICATION FOR WATER RIGHTS OF CHEESMAN REALTY ASSOCIATES, LLLP, APPLICATION FOR CHANGE OF WATER RIGHT, IN DOUGLAS COUNTY. 1. Name and telephone number of Applicant: Cheesman Realty Associates, LLLP, 535 16th Street, Suite 820, Denver, Colorado 80202 (303) 534-5271 (Petrock & Fendel, P.C., 700 17th Street, #1800, Denver, Colorado 80202 (303) 534-0702). 2. Decree information for which change is sought: Case No. 93CW146 as decreed on October 26, 1994. The property which is the subject of the decree is approximately 868 acres located in parts of Sections 17 and 20, T7S, R65W of the 6th P.M. as shown on Attachment A hereto. 3. Proposed change: In the original decree, an


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annual amount of 188 acre-feet per year of Upper Dawson groundwater underlying the Subject Property was decreed and is not available for use through wells pursuant to Section 37-92-602, C.R.S. By this change, Applicant requests that the decreed amount of Upper Dawson aquifer groundwater be reduced by 22 acre-feet per year for use through wells pursuant to Section 37-92-602, C.R.S. No other parts of the original decree will be changed. WHEREFORE, Applicant prays that this Court enter a decree granting this application and for a finding that the change requested herein will not injuriously affect other owners or users of vested or conditional water rights, and for such other relief as it deems proper in the premises. (3 pgs) 03CW345 Foxtail Pines Owners Association, 109 E. Fontanero, Colorado Springs, Colorado 80907, (719) 634-3785 (Tienken & Hill, L.L.P., 726 Front Street, Suite B, Louisville, Colorado 80027 (303) 673-9373). APPLICATION FOR ADJUDICATION OF WATER STORAGE RIGHT AND APPROPRIATIVE RIGHT OF SUBSTITUTION AND EXCHANGE AND FOR APPROVAL OF A PLAN FOR AUGMENTATION, IN PARK COUNTY. 1. Name and address of applicant:, FIRST CLAIM FOR RELIEF (Adjudication of Water Storage Right) 2. Name of reservoir: Foxtail Pines Recreational Pond 3. Legal description: 1. Location of Reservoir: Foxtail Pines Recreational Pond is an on-channel reservoir on an unnamed tributary of Fourmile Creek, tributary to the South Fork of the South Platte River, located in the SE 1/4 of the SE 1/4 of Section 6, Township 10 South, Range 77 West of the 6th P.M., Park County, Colorado, the outlet of which is located at a point 10 feet from the south section line and 475 feet from the east section line of said section 6. 4. Source: An unnamed tributary of Fourmile Creek, tributary to the South Fork of the South Platte River. 5. A. Date of appropriation: June 1, 1956 B. How appropriation was initiated: Construction of dam and impounding of water. C. Date water applied to beneficial use: June 1, 1956. 6. Amount claimed: A. In acre feet: 5.0 acre feet. 7. Use: Stock watering, recreation, fish propagation. 8. Surface area of high water line: 2.0 acres A. Maximum height of dam in feet: 6.0 feet B. Length of dam in feet: 420 feet. 9. Total capacity of reservoir in acre feet: 5.0 acre feet, all dead storage. 10. Name and addresses of owner of land on which structure for the water right is located: Foxtail Pines Owners Association, 109 E. Fontanero, Colorado Springs, Colorado 80907. WHEREFORE, applicant prays for a decree adjudicating the water storage right described herein, and for such further relief as the court deems proper. SECOND CLAIM FOR RELIEF (Appropriative Right of Substitution and Exchange) 11. Applicant seeks adjudication of an appropriative right of substitution and exchange at a maximum rate of 0.13 cubic feet per second (cfs) with an appropriation date of September 30, 2003, based upon field investigation, engineering analysis and the filing of this application, all forming the intent to appropriate. The purpose of this appropriative right of substitution and exchange is to replace depletions from stock watering a maximum of 180 horses within the Foxtail Pines Subdivision, the irrigation of a maximum of 2.02 acres of turf grass, or the irrigation of a maximum of 5.05 acres of gardens, or a combination of such uses so long as the annual consumptive use does not exceed 2.02 acre feet, and to replace depletions from the storage of water in Foxtail Pines Recreational Pond, described in the First Claim for Relief herein, for all purposes described in the First Claim for Relief herein, and to replace depletions from evaporation, when curtailment or release would otherwise be required, subject to administration of the priority system. 12. WATER RIGHTS TO BE USED FOR REPLACEMENT AND AS A SUBSTITUTE SUPPLY: Applicant is the owner of 0.64 cubic feet per second of time originally decreed to the Guiraud 3T Ditch, with a priority date of July 1, 1867, decreed October 18, 1889 by the District Court in and for Park County. The District Court, Water Division No. 1 entered its Findings and Ruling of the Referee and Interlocutory Decree Approving Change of Water Rights and Plan for Augmentation on March 25, 1980, and its Order Amending Interlocutory Decree on May 22, 1981, in Case No. W-8480-


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77, quantifying the consumptive use, and changing point of diversion, place of use and type of use of applicant’s interest in the Guiraud 3T Ditch. This decree quantified the consumptive use of the 0.64 cfs owned by applicant as 13.97 acre feet per year, and modified the uses to include replacement of depletions resulting from the use of water from other sources and for all other augmentation purposes. 13. DESCRIPTION OF EXCHANGE: Credit will be taken by Applicant for the 0.13 cfs decreed to the Guiraud 3T Ditch left in the Middle Fork of the South Platte River at times when Applicant could otherwise divert the water. Water will be left in the stream, as a substituted supply, and in exchange for water stored in Foxtail Pines Recreational Pond, or water evaporated from Foxtail Pines Recreational Pond. This appropriative right of substitution and exchange will be from the confluence of the Middle Fork and the South Fork of the South Platte River in the NE 1/4 NE 1/4, Section 14, Township 12 South, Range 75 West, thence up the South Fork to the confluence of Fourmile Creek in the SW 1/4 SE 1/4, Section 7, Township 12 South, Range 75 West, thence up Fourmile Creek to the confluence of an unnamed stream in the NW 1/4 SW 1/4, Section 22, Township 10 South, Range 77 West, thence up the unnamed stream to the reservoir in the SE 1/4 SE 1/4, Section 6, Township 10 South, Range 77 West, all in the 6th P.M. WHEREFORE, Applicant prays for a decree adjudicating the appropriative right of substitution and exchange claimed herein, and for such further relief as the court deems proper. THIRD CLAIM FOR RELIEF (Approval of a Plan for Augmentation) 14. Applicant seeks a decree approving a plan for augmentation to augment or replace out of priority depletions equal to the evaporation from Foxtail Pines Recreational Pond, described herein. Approval of the plan for augmentation would allow Applicant to not release water from Foxtail Pines Recreational Pond at times when curtailment or release would otherwise be required. 15. WATER RIGHT TO BE AUGMENTED: The water storage right claimed for the Foxtail Pines Recreational Pond, more particularly the evaporation from said Pond, would be augmented. Applicant believes that evaporation from Foxtail Pines Recreational Pond will consume 0.80 acre feet per year. In addition, applicant will allow stock watering from the wells adjudicated in Case No. W-8480-77, in combination with irrigation, in the amounts described in paragraph 11 herein. 16. WATER RIGHT TO BE USED FOR AUGMENTATION: Applicant is the owner of 0.64 cubic feet per second of time originally decreed to the Guiraud 3T Ditch, with a priority date of July 1, 1867, decreed October 18, 1889 by the District Court in and for Park County. The District Court, Water Division No. 1 entered its Findings and Ruling of the Referee and Interlocutory Decree Approving Change of Water Rights and Plan for Augmentation on March 25, 1980, and its Order Amending Interlocutory Decree on May 22, 1981, in Case No. W-8480-77, quantifying the consumptive use, and changing point of diversion, place of use and type of use of applicant’s interest in the Guiraud 3T Ditch. This decree quantified the consumptive use of the 0.64 cfs owned by applicant as 13.97 acre feet per year, and modified the uses to include replacement of depletions resulting from the use of water from other sources and for all other augmentation purposes. The 13.97 acre feet per year of consumptive use water was committed, in the decree entered in Case No. W-8480-77, to serve a maximum of 401 single family houses. The allowed uses of the property described in that decree have been limited to 326 single family houses. Applicant is seeking, by separate motion, to amend the decree in Case No. W-8480-77 to conform to the limitation of 326 single family houses. This amendment will allow 2.82 acre feet per year of consumptive use water to be utilized to augment other uses, including 0.80 acre feet of evaporation from Foxtail Pines Recreational Pond. 17. DESCRIPTION OF PLAN: Applicant will fill Foxtail Pines Recreational Pond for the purposes described in the First Claim for Relief herein. The out of priority depletions from stock watering, irrigation and evaporation


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will be augmented from the source described in paragraph 16 herein. Credit will be taken by applicants for a portion of the 0.64 cfs decreed to the Guiraud 3T Ditch left in the Middle Forks of the South Platte River at times when Applicant could otherwise divert the water. Water will be left in the stream, to augment depletions from stock watering, irrigation and evaporation from water stored in Foxtail Pines Recreational Pond. Applicant’s plan provides a method for replacing water necessary to meet the lawful requirements of senior diverters at the time and location and to the extent that seniors would be deprived of their lawful entitlement. The operation of Applicant’s plan for augmentation will not injuriously affect the owners of or persons entitled to use water rights under vested water rights or decreed conditional water rights. WHEREFORE, Applicants pray for a decree approving the plan for augmentation claimed herein, and for such further relief as the court deems proper. (7 pgs) 03CW346 MONFORT FINANCE COMPANY, INC., c/o Donald Wiseman, Esq. Swift Beef Co., 1779 Promontory Circle, Greeley, CO 80634; With a copy of all pleadings to: Zach C. Miller, Esq., Steven E. Marlin, Esq., Davis, Graham & Stubbs, LLP, 1550 Seventeenth Street, Suite 500, Denver, CO 80202. Application to Amend Plan for Augmentation, IN WELD AND LARIMER COUNTIES.

Overview of Application: Applicant seeks approval of an amendment to the plan for augmentation for the Kuner and Gilcrest, Colorado feedlots in Weld County, Colorado (the “Feedlot Augmentation Plan”), as initially approved in the Decree entered on May 11, 1978 in Case Nos. W-7639 and W-2376 (the “1978 Decree”). Applicant acquired title to the Kuner and Gilcrest Feedlots, the Feedlot Augmentation Plan and all related water rights from Swift Beef Company (which was formerly known as ConAgra Beef Company, which in turn was formerly known as Monfort, Inc. and Monfort of Colorado, Inc.) in April 2002. Applicant seeks to improve the reliability and administration of the Feedlot Augmentation Plan by replacing certain Units of the Colorado-Big Thompson Project (“CBT Units”) that were a portion of the augmentation water approved in the 1978 Decree with augmentation water provided by the City of Greeley and by making certain other accounting and implementation improvements and corrections described below.

Structures to be Augmented: Consist of the existing wells and related water rights used at or in connection with the Kuner and Gilcrest Feedlots, as described in the 1978 Decree. Those groundwater wells and related water rights are located on the lands, covered by the Well Permits from the Colorado Division of Water Resources, and decreed by the Water Court for Water Division No. 1 in the cases all respectively described below:

Well No. Case No. Well Permit No. Location

1 W-988 W-7615 103-R11681-RF NW¼ of NW¼ of Section 25, T5N,

R64W

2 W-988 W-7615 104-14412-RF SE¼ of SE¼ of Section 23, T5N, R64W


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3 W-1317 W-7615 109-R12744-RF NW¼ of SE¼ of Section 25, T5N, R64W

4 W-1634 5-11539 SW¼ of NW¼ of Section 30, T5N, R63W

5 W-1891 W-7615 102-03129-RF NE¼ of NE¼ of Section 26, T5N, R64W

6 W-1891 2-37839 SE¼ of SE¼ of Section 23, T5N, R64W

7 W-2001 2-13272 SE¼ of NE¼ of Section 16, T4N, R66W

8 W-2001 3-13440 SW¼ of SW¼ of Section 10, T4N, R66W

9 W-2001 4-13443-RF-1013 SW¼ of NW¼ of Section 10, T4N, R66W



12 W-2001 7-13436 NW¼ of SW¼ of Section 10, T4N, R66W

13 W-2001 8-13435 SE¼ of NW¼ of Section 10, T4N, R66W

14 W-2001 9-13430 NW¼ of NW¼ of Section 10, T4N, R66W

15 W-2001 10-13431 SE¼ of NW¼ of Section 10, T4N, R66W



18 W-2001 13-12010-RF-824 SE¼ of SW¼ of Section 9, T4N, R66W

19 W-2001 14-12006 SW¼ of SW¼ of Section 9, T4N, R66W

20 W-2001 15-13437-RF-825 SE¼ of SE¼ of Section 9, T4N, R66W

21 W-2001 16-10004-RF-820 SE¼ of SW¼ of Section 9, T4N, R66W

22 W-2001 17-8895F-RF-822 SW¼ of SE¼ of Section 9, T4N, R66W


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23 W-2001 18-12008 SE¼ of SW¼ of Section 9, T4N, R66W

24 W-2001 19-11418-RF-28 SW¼ of NW¼ of Section 9, T4N, R66W

25 W-2001 20-11419-RF-821 NE¼ of SW¼ of Section 9, T4N, R66W

26 W-2001 21-10006-RF-818 SW¼ of NE¼ of Section 9, T4N, R66W

27 W-2001 22-12007-RF-823 NE¼ of SE¼ of Section 9, T4N, R66W

28 W-2001 23-10005-RF-819 SE¼ of NE¼ of Section 9, T4N, R66W

29 W-2001 24-1003-RF-817 NE¼ of NE¼ of Section 9, T4N, R66W

30 W-2001 25-13274 SE¼ of NE¼ of Section 16, T4N, R66W

31 W-2001 26-13427 NE¼ of NW¼ of Section 16, T4N, R66W



34 W-2001 29-Not registered NW¼ of NW¼ of Section 16, T4N, R66W

35 W-2001 30-Not registered NW¼ of SE¼ of Section 8, T4N, R66W


37 W-2001 32-20461-2 SE¼ of SE¼ of Section 8, T4N, R66W


39 W-2375 1-Not registered SE¼ of SW¼ of Section 8, T4N, R66W

40 W-3036 W-7615 107-3998-F SE¼ of NW¼ of Section 25, T5N, R64W

41 W-3036 W-7615

108-R10531-RF-568 SW¼ of NE¼ of Section 25, T5N, R64W



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45 W-3914 W-7615 101-R11030-RF NE¼ of SW¼ of Section 23, T5N, R64W

46 W-5955 W-7615 105-15226-RF NE¼ of NW¼ of Section 25, T5N, R64W

Retained Jurisdiction Over Amendment: Paragraph 10 of the 1978 Decree provides that

“this Court retains continuing jurisdiction over this particular Plan of Augmentation, and the Applicant or any parties who may be injured thereby may . . . request the Court for an amendment to the Plan of Augmentation as herein set forth, in which event all other parties shall be notified in writing of such request.” That provision further states that it is difficult to determine exactly the variables that are necessarily incident to such a plan of augmentation, and that material changes in those variables could require an amendment to that Plan. Paragraph 10 expressly provides that “[s]aid variables include new sources of replacement water, . . . less consumptive use of groundwater by Applicant, . . . and . . . reduced irrigation practices by the Applicant.” In this Application, Applicant proposes in its Amendment of Feedlot Augmentation Plan to make all three (3) of the above types of changes.

Overview of Amendments to Plan: Specifically, Applicant proposes to delete from and discontinue use as replacement water under the Feedlot Augmentation Plan of its 837 Units and related interests in the Colorado-Big Thompson (“CBT”) Project of the Northern Colorado Water Conservancy District (“NCWCD”), as described in Paragraph 3 of the 1978 Decree, and to substitute for such water 1,000 acre-feet per year of fully consumable water from the City of Greeley under that 99-year Water Lease dated December 31, 2001, from the City of Greeley to Applicant’s predecessor, ConAgra Beef Company, recorded on February 7, 2002 at Reception No. 2923709 of the Weld County, Colorado real property records (“Greeley Water Lease”).

Applicant proposes to reduce its consumptive use of groundwater covered by the Plan by permanently discontinuing use of Well No. 39 at the Gilcrest Feedlot and Well No. 6 at the Kuner Feedlot, as described above.

Applicant proposes to amend the 1978 Decree to correct the surveyed legal descriptions of the 44 wells hereafter to be covered by the Feedlot Augmentation Plan, as described above.

Applicant proposes to amend the 1978 Decree to correct the descriptions of its ownership of certain water rights covered by the Feedlot Augmentation Plan, specifically its ownership of 125 shares of Cache La Poudre Reservoir Company and 6 shares of North Poudre Irrigation Company.


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Applicant proposes to improve implementation of the Plan by installing and operating a flume to measure augmentation water deliveries of its Western Mutual Ditch Company water rights approved under the 1978 Plan and by installing meters on all the wells covered by the Plan.

Applicant proposes to improve implementation of the Plan by implementing an improved, real-time accounting system.

Water Rights to be Used for Augmentation: Will consist of the same water rights described and approved in the 1978 Decree, except that the 837 CBT Units described in Paragraph 3 of the 1978 Decree will be removed and replaced with 1,000 acre-feet per year of water from water rights owned by the City of Greeley that are covered by and deliverable under the Greeley Water Lease. As more particularly described therein, the Greeley Water Lease obligates the City of Greeley to make available to Applicant during each calendar year the aforementioned quantity of water immediately below Greeley’s existing wastewater treatment plant outfall located on the lower Cache la Poudre River (the approximate location of which is on the North bank of the Cache la Poudre River, approximately 620 feet East of the West Section line and 360 feet North of the South Section line of Section 4, Township 5 North, Range 66 West), or at such other point or points on which the parties mutually agree, and the City of Greeley may use and deliver any water rights or water supplies, or any combination thereof, which Greeley owns or has a right to use to satisfy its obligations thereunder, provided that such water rights or water supplies are duly authorized for such use in Applicant’s amended augmentation plan decree or, on a temporary basis and in writing, by State officials charged with the administration of water under such decree. Water availability under the following water rights owned by the City of Greeley is currently contemplated to be available in sufficient quantity to satisfy the City of Greeley’s lease delivery obligations:

Water Available Under Greeley Water Lease

GLIC System Water Rights. Water rights represented by Greeley’s shares of stock in the Greeley and Loveland Irrigation Company and the Seven Lakes Reservoir Company, and by Greeley’s rights and interests in the Loveland and Greeley Reservoir (a/k/a Lake Loveland) (hereinafter collectively referred to as “GLIC System Water Rights”). In Case No. 87CW329, the District Court for Water Division No. 1 approved Greeley’s application to change a portion of its GLIC System Water Rights to include use by augmentation. The decree in that case also confirmed that the City was legally entitled to claim credits for municipal return flows that exceed the historical, agricultural irrigation return flows which occurred before the change of water rights. In addition, as more particularly described in the application pending in Case No. 99CW234, as it may be amended by the amendment to application filed on or about September 30, 2003, water available under GLIC System Water Rights may, prior to its release for the augmentation use of Applicant pursuant to the Greeley Water Lease, be diverted directly or by exchange into storage in one or more reservoirs located in the lower Cache la Poudre River basin.

Greeley owns or controls at least 180.83 shares in the Seven Lakes Reservoir Company; 734.24 shares in the Greeley and Loveland Irrigation Company; and 132.5 “rights” in the


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Loveland and Greeley Reservoir. These totals include but are not limited to shares changed or to be changed in Case Nos. 87CW329, 95CW42, and 99CW235 in the District Court for Water Division No. 1. The GLIC System Water Rights are more fully described as follows:

Barnes Ditch.

Decree Information:

Amount Appropriation

Date Adjudication Date Court

18.56 cfs 10/20/1865 05/28/1883 Boulder District Ct. 12.06 cfs 06/01/1867 05/28/1883 Boulder District Ct. 19.93 cfs 06/23/1873 05/28/1883 Boulder District Ct.

Point of Diversion: The originally decreed point of diversion is in the NW¼ of the SE¼ of

Section 17, Township 5 North, Range 69 West, on the north side of the Big Thompson Creek, in Larimer County. The Barnes Ditch has an alternate point of diversion in Section 15, Township 5 North, Range 69 West.

Source: Big Thompson River.

Use: Irrigation.

Portions of the Barnes Ditch water rights were owned by and delivered to owners of certain contractual rights, and these rights were excluded from the change decree.

Larimer County Irrigation and Manufacturing Ditch, a/k/a Chubbuck Ditch or the Chubbuck Ditch.

Decree Information:



8.36 cfs 11/01/1865 05/28/1883 Boulder District Ct. 39.04 cfs 10/20/1870 05/28/1883 Boulder District Ct. 35.50 cfs 10/25/1873 05/28/1883 Boulder District Ct. 15.20 cfs 11/01/1878 05/28/1883 Boulder District Ct.

Point of Diversion: Diverts from the Big Thompson River through the headgate(s) of the

Loveland and Greeley Canal (see below).


Use: Irrigation.


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Portions of the Chubbuck Ditch water rights were owned by and delivered to owners of certain contractual rights, and these rights were excluded from the change decree.

Loveland and Greeley Canal.

Decree Information:



297.44 cfs 04/01/1881 05/28/1883 Boulder District Ct.

Point of Diversion: Located in Section 15, Township 5 North, Range 69 West of the 6th P.M. Decreed with two separate and distinct headgates, one located Section 15 and one in Section 17, each in Township 5 North, Range 69 West of the 6th P.M. The actual point of diversion of the Loveland and Greeley Canal is at a dam constructed approximately northerly and southerly across the Big Thompson River through a point 1,905 feet due north of the quarter section corner on the south boundary line of Section 15, T. 5 N., R. 69 W., 6th P.M.


Use: Irrigation.

Seven Lakes Reservoir System.

Decree Information:



8,432 AF 04/28/1902 06/29/1916 8,432 AF 04/28/1902 06/09/1978 District Court, Water

Division No. 1, Case No. W-8664-77

Location of Storage: The Seven Lakes Reservoir System consists of Horseshoe Reservoir, Westerdoll Lake, Heinricy Lake, Upper Hoffman Lake, Lower Hoffman Lake, Boyd Lake, and Equalizer and Houts Reservoirs. These lakes are interconnected. The decrees describe the location of storage as being in Sections 30 and 31, Township 6 North, Range 68 West of the 6th P.M.; Section 36, Township 6 North, Range 69 West of the 6th P.M.; Section 1, Township 5 North, Range 69 West of the 6th P.M.; and Sections 6 and 7, Township 5 North, Range 68 West of the 6th P.M., Larimer County, Colorado, the outlet of which is decreed as being located in the NW¼ of the SE¼, Section 6, Township 5 North, Range 68 West of the 6th P.M., at a point 1,300 feet East and 850 feet South of the center of said Section 6, Larimer County, Colorado.


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Source: Big Thompson River Drainage. The lakes may be supplied by the Barnes Ditch, Lake Loveland, Little Barnes Ditch, Chubbuck Ditch, Louden Ditch, and the Greeley and Loveland Canal, as well as by the local drainages.

The Seven Lakes Reservoir Company also owns 26½ shares of the 600 shares in the Louden Irrigation Canal Company, and the water produced by these shares is used within the Seven Lakes Reservoir Company System. The decree information on the rights of the Louden Ditch are as follows:



7.0 cfs 11/10/1861 05/28/1883 Boulder District Ct. 40.0 cfs 10/01/1871 05/28/1883 Boulder District Ct. 123.0 cfs 11/01/1877 05/28/1883 Boulder District Ct. 0.008 cfs 09/17/1883 05/29/1884 Boulder District Ct.

The historical place of diversion of the Louden Ditch from the Big Thompson River is in the SW¼ of the NW¼ of Section 12, Township 5 North, Range 70 West of the 6th P.M.

Use: Irrigation, industrial, domestic, and recreational.

Boyd Lake.

Decree Information:



48,564 AF 04/28/1902 06/29/1916 44,031 AF 04/28/1902 06/27/1978 District Court, Water

Division No. 1, Case No. W-8665-77

Location of Storage: In Section 5, the SE¼ of Section 6, the E½ of the E½ of Section 7, and

Section 8, all in Township 5 North, Range 68 West of the 6th P.M.; Section 29, the E½ of the E½ of Section 30, the E½ of the E½ of Section 31, and Section 32, all in Township 6 North, Range 68 West of the 6th P.M. in Larimer County, Colorado.

Source: Boyd Lake is supplied by waters from the Big Thompson River, diverted by the Barnes Ditch and delivered to Boyd Lake through Lake Loveland and Horseshoe Reservoir, or diverted and delivered by the Louden Ditch or by the Loveland and Greeley Canal. In addition, Boyd Lake is supplied by storm and flood waters arising in the Dry Creek drainage basin and in the areas naturally sloping toward the lake.

Use: Agricultural purposes, domestic uses, recreation and industrial uses for lands and users under Greeley and Loveland Irrigation System.


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Loveland and Greeley Reservoir (Lake Loveland).

Decree Information:



14,238.7 AF 01/14/1893 06/29/1916

14,239 AF 01/14/1893 06/27/78 District Court, Water Division No. 1, Case No. W-8665-77

Reservoir Location: Located in the NE¼ of Section 10, Section 11, and the N½ of

Section 14, all in Township 5 North, Range 69 West of the 6th P.M., Larimer County, Colorado.

Source: Lake Loveland is supplied by diversions from the Big Thompson River through the Barnes Ditch or the Louden Ditch. In addition, Lake Loveland is supplied by storm and flood waters arising in the drainage basin into the reservoir.

Use: Irrigation, Domestic Uses, recreational and industrial use for lands and users under the Greeley and Loveland Irrigation Company system.

Greeley Irrigation Company Water Rights. Water rights represented by Greeley’s ownership or control of at least 81.834 of the 519.7 outstanding shares of stock in the Greeley Irrigation Company (GIC). Some of these rights are the subject of an application in Case No. 99CW232, District Court, Water Division 1, to change the use of said rights to include use by augmentation. In addition, as more particularly described in the applications pending in Case Nos. 99CW232 and 99CW234, as may be amended by the amendment to application filed on or about September 30, 2003, water available under water rights represented by GIC shares may, prior to its release for the augmentation use of Applicant pursuant to the Greeley Water Lease, be diverted directly or by exchange into storage in one or more reservoirs located in the lower Cache la Poudre River basin. GIC owns a 5/8 interest in the water rights decreed to the Greeley Canal No. 3 (hereafter “Canal No. 3”). The remaining 3/8 interest in the water rights decreed to Canal No. 3 is owned by Greeley and will not be used for augmentation herein. The water rights originally decreed to Canal No. 3 are as follows:

Adjudication Date

Appropriation Date Amount (CFS)

April 11, 1882 (original - priority no. 35) April 1, 1870 52.00

April 11, 1882 (first enlargement - priority no. 46) October 1, 1871 41.00

April 11, 1882 (second enlargement - priority no. 50)

July 15, 1872 63.13


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April 11, 1882 (third enlargement - priority no. 58) May 15, 1873 16.67

GIC also owns 60 preferred rights in Fossil Creek Reservoir. The water rights originally

decreed to Fossil Creek Reservoir are as follows:

Priority Appropriation

Date Amount (AF) Adjudication Date /

Case No. Orig. Constr. (Priority No. 40)

3/5/1901 12,052 10/28/1909-1591*

First Enlargement 6/1/1904 1,545 4/22/1922-2031

Second Filling (Refill Priority No. 136E)

3/5/1901 12,052 9/10/1953-11217

* Date of Revised Final Findings and Decree in Civil Action No. 1591. Windy Gap Water Rights. Water owned, to be owned, or controlled by Greeley in, or

naturally tributary to, the Colorado River, including but not limited to water available pursuant to water rights decreed to the Windy Gap Project, a transmountain water diversion project that delivers water from the Colorado River Basin to the South Platte River Basin, and to the yield of which Greeley is entitled to a portion pursuant to allotment contracts with the Municipal Subdistrict of the Northern Colorado Water Conservancy District (the “Windy Gap Water Rights”). The Windy Gap Water Rights, which are more particularly described in the decrees entered by the District Court, Water Division No. 5, on October 27, 1980 in Civil Action No. 1768 and in Case Nos. W-4001 and 80CW108, and/or on July 19, 1990 in Case No. 89CW298, are as follows:

Decree Information:

Windy Gap Pump, Pipeline, and Canal

Date of Original Decree: October 27, 1980 Case No: District Court, Water Division No. 5, Civil Action No. 1768 Appropriation Date: June 22, 1967 Amount: 300 cfs, conditional

Jasper Pump and Pipeline

a. Date of Original Decree: October 27, 1980 Case No: District Court, Water Division No. 5, Civil Action No. 1768 Appropriation Date: June 22, 1967 Amount: 300 cfs, conditional

Windy Gap Reservoir

a. Date of Original Decree: October 27, 1980 Case No: District Court, Water Division No. 5, Civil Action No. 1768 Appropriation Date: June 22, 1967


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Amount: 1,546.14 acre-feet, conditional

Jasper Reservoir

a. Date of Original Decree: October 27, 1980 Case No: District Court, Water Division No. 5, Civil Action No. 1768 Appropriation Date: June 22, 1967 Amount: 11,291.58 acre-feet, conditional

Windy Gap Pump, Pipeline, and Canal - First Enlargement

a. Date of Original Decree: October 27, 1980 Case No: District Court, Water Division No. 5, Case No. W-4001 Appropriation Date: July 9, 1976 Amount: 100 cfs, conditional

Windy Gap Pump, Pipeline, and Canal - Second Enlargement

a. Date of Original Decree: October 27, 1980 Case No: District Court, Water Division No. 5, Case No. 80CW108 Appropriation Date: April 30, 1980 Amount: 200 cfs, conditional

The conditional decrees for the Windy Gap Pump, Pipeline and Canal and the Windy Gap Pump, Pipeline and Canal - First and Second Enlargements were made absolute in District Court, Water Division 5 Case No 89CW298, on July 19, 1990. In addition, as more particularly described in the application pending in Case No. 99CW234, as may be amended by the amendment to application filed on or about September 30, 2003, water available under Windy Gap Water Rights may, prior to its release for the augmentation use of Applicant pursuant to the Greeley Water Lease, be diverted directly or by exchange into storage in one or more reservoirs located in the lower Cache la Poudre River basin.

Decreed Locations or Points of Diversion:

Windy Gap Pump, Pipeline and Canal and Windy Gap Pump, Pipeline and Canal - First and Second Enlargements: A point on the north bank of the Colorado River whence the northwest corner of Section 25, Township 2 North, Range 77 West of the 6th P.M. bears north 17° 30' west a distance of 2,380 feet.

Jasper Pump and Pipeline: A point on the North Bank of Willow Creek whence the southeast corner of Section 16, Township 2 North, Range 76 West of the 6th P.M. bears south 62° 30' east a distance of 2,730 feet.

Windy Gap Reservoir: The Windy Gap reservoir is an onstream reservoir located in Sections 25 and 26, Township 2 North, Range 77 West of the 6th P.M.

Jasper Reservoir: Jasper Reservoir is decreed to be an onstream reservoir located in portions of Sections 8, 16, 17, and 21, Township 2 North, range 76 West of the 6th P.M.


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Source:

Windy Gap Pump, Pipeline and Canal and Windy Gap Pump, Pipeline and Canal - First and Second Enlargements: The Colorado River.

Jasper Pump and Pipeline: Willow Creek, a tributary of the Colorado River, through Jasper Reservoir.

Windy Gap Reservoir: The Colorado River.

Jasper Reservoir: The Colorado River and Willow Creek, a tributary of the Colorado River.

Uses (for all structures): Municipal, irrigation, industrial, and recreational.

Gravel Pit Reservoir Water Storage Rights. Water rights claimed for gravel pit reservoirs in the Cache la Poudre River Basin, including Flatiron Gravel Pit Nos. 1, 2, 3, 4 and 5, East 8th Street Reservoir, and F Street Reservoir. In an application in Case No. 99CW234, as may be amended by the amendment to application filed on or about September 30, 2003, District Court, Water Division No. 1, Greeley has sought confirmation of rights to divert water for storage into such reservoirs, both directly and by augmentation and exchange, for (among other purposes) later release into the Cache la Poudre River to replace out-of-priority depletions to the stream. The water rights claimed for Flatiron Gravel Pit Nos. 1, 2, 3, 4 and 5, East 8th Street Reservoir, and F Street Reservoir are as follows:

Name of Reservoirs: East 8th Street Reservoir, Flatiron Reservoir Nos. 1-5, and F Street Reservoir.

Legal Description (all descriptions are from 6th P.M., Weld County, Colorado):

East 8th Street Reservoir: to be constructed in parts of the N½ of the SE¼ of the SW¼, the S½ of the NE¼ of the SW¼, the N½ of the SW¼ of the SE¼ and the S½ of the NW¼ of the SE¼ all in Section 4, Township 5 North, Range 65 West.

Flatiron Reservoir Nos. 1-5: to be constructed in parts of Section 36, Township 6 North, Range 66 West, that lie south of the centerline of the Cache la Poudre River, west of 25th Avenue, north of F Street, and east of 35th Avenue.

F Street Reservoir: to be constructed in parts of the NE¼ of the SE¼ and the portion of land lying South of railroad in the SE¼ of the NE¼ all in Section 34, Township 6 North, Range 66 West.

Water will be diverted into the reservoirs by and through the following facilities: Greeley Canal No. 3, the headgate for which is decreed to be located in the NW¼ of the SW¼, Section 32, T6N, R66W, at a point approximately 1,900 feet West of the East Section Line and 2,200 feet North of the South Section Line of said section 32; Boyd and Freeman Ditch, the headgate for which is decreed to be located on the South side of the Cache la Poudre River on Section 34, T6N, R66W; and wells, infiltration galleries, or other diversion structures to be constructed in or adjacent to the alluvial aquifer tributary


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to the Cache la Poudre River and located within 1,000 feet of any or all of the reservoirs described in this paragraph, including, without limitation, at the following locations: East 8th Street Reservoir Infiltration Gallery/Well No. 1: Located adjacent to the Cache la Poudre River at a point approximately 2,300 feet East of the West Section line and 500 feet North of the South Section line of Section 4, Township 5 North, Range 66 West; Flatiron Reservoir Infiltration Gallery/Well No. 1: Located adjacent to the Cache la Poudre River at a point approximately 2,400 feet West of the East Section line and 800 feet South of the North Section line of Section 36, Township 6 North, Range 66 West; Flatiron Reservoir Infiltration Gallery/Well No. 2: Located adjacent to the Cache la Poudre River at a point approximately 950 feet East of the West Section line and 1,050 feet South of the North Section line of Section 36, Township 6 North, Range 66 West; F Street Reservoir Infiltration Gallery/Well No. 1: Located adjacent to the Cache la Poudre River at a point approximately 1,200 feet West of the East Section Line and 2,300 feet South of the North Section Line of Section 34, Township 6 North, Range 66 West; 35th Avenue Drainage Ditch Diversion Point: a diversion structure to be constructed on 35th Avenue Drainage Ditch in the SW¼ of the NW¼ of Section 36, Township 6 North, Range 66 West; W.R. Jones Ditch: the headgate for which is located on the south side of the Cache la Poudre River in the SW¼ of Section 36, Township 6 North, Range 67 West, at a point located approximately south 2,950 feet and east 850 feet from the northwest corner of said Section 36; and Whitney Irrigation Company Ditch: the headgate for which was originally situated in Section 20, Township 6 North, Range 67 West. The diversion point is now situated 1¾ miles upstream of the original point in the SE¼ of Section 19, Township 6 North, Range 67 West, at a point located approximately south 2,900 feet and west 2,500 feet from the northeast corner of said Section 19, Township 6 North, Range 67 West.

Source: Cache la Poudre River and surface and ground water tributary thereto.

Amount Claimed:

East 8th Street Reservoir: 1,500 acre-feet, conditional, with a right to refill the reservoir repeatedly. Active capacity: same.

Flatiron Reservoir Nos. 1-5: 4,500 acre-feet, conditional, with a right to refill the reservoirs repeatedly. Active capacity: same.

F Street Reservoir: 2,000 acre-feet, conditional, with a right to refill the reservoir repeatedly. Active capacity: same.

The combined rate of diversion of water pursuant to these water storage rights into the reservoirs through the facilities shall be 225 c.f.s.

Milton Seaman Reservoir Enlargement Water Storage Rights: Water diverted pursuant to the water right decreed to the Milton Seaman Reservoir Enlargement in Water Division 1, Case Nos. 90CW226 and 87CW042, which rights are more particularly described as follows:

Decree Information:


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Amount (AF) Appropriation

Date Adjudication Date Court / Case No.

9,992 conditional 03/01/1980 12/06/1993 District Ct., Water Div. 1, 90CW226

680 absolute 06/28/1965 06/25/1992 District Ct., Water Div. 1, 87CW042

Location: The Milton Seaman Dam is located in the SW¼ of the NE¼ and the SE¼ of the NW¼ of Section 33, Township 9 North, Range 70 West of the 6th P.M., in Larimer County. The Reservoir is located in Sections 33 and 28, Township 9 North, Range 70 West of the 6th P.M., in Larimer County.

Source: The waters of the North Fork of the Cache la Poudre River and its tributaries originating upstream of Milton Seaman Dam.

Use: All municipal uses, including domestic; industrial; commercial manufacturing, recreation; fire protection; power generation; replacement; augmentation; exchange; irrigation of lawns, gardens, parks, and city property; storage for later use; and other beneficial uses relating to the operation of Greeley’s municipal water system.

12. Owners of Land: Applicant owns the lands on which the above-described wells are located and upon which the water delivered by such wells will be applied to beneficial use. The City of Greeley, the Greeley and Loveland Irrigation Company, the Seven Lakes Reservoir Company, Greeley Irrigation Company, the Northern Colorado Water Conservancy District (“NCWCD”), and the Municipal Subdistrict of NCWCD own or hold title to the reservoirs and facilities that store and deliver the water rights subject to the Greeley Water Lease.

13. Except as amended above, the Feedlot Augmentation Plan will remain as described and operate as approved in the 1978 Decree. Farmers High Line Canal and Reservoir Company v. City of Golden, 975 P.2d 189 (1999). (16 pgs)

03-CW- 347. Fetco II, LLC, 5002 W. 20th Street, Greeley, Colorado 80634. Telephone: (970) 226-4924. C/O Kim R. Lawrence, Lind, Lawrence & Ottenhoff, LLP, 1011 11th Avenue, Greeley, CO, 80631, (970)356-9160). Application for Change of Water Right and Plan for Augmentation in Weld County. 2. Decreed Name of Structures: Highland Nurseries Well m 1-3742-F and Highland Nurseries Well m 2-11454. 3. Previous Decree: A decree was entered in the Water Court, Water Division m 1, Case m W-2063 on December 15, 1975 for Highland Nurseries Well m 1-3742-F located in the NW¼ NE¼ of Section 15, Township 5 North, Range 66 West of the 6th P.M., Weld County, Colorado, at a point 62 feet South and 1534 feet West of the Northeast corner of said Section 15, also described as being located in Lot 12, Block 13, Highland Hills Subdivision, Weld County, Colorado, with a date of appropriation of September 4, 1962 in the amount of 0.44 c.f.s. for irrigation of 12 acres in all of Block 13; Lots 5-8, Block 11; Lots 3-7, Block 12 all in the NW¼ NE¼ of said Section 15 and for Highland Nurseries Well m 2-11454 located in the NE¼ NE¼ of Section 15, Township 5 North, Range 66 West of the 6th P.M., Weld County, Colorado, at a point 261 feet South and 1282 feet West of the Northeast


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corner of said Section 15, also described as being located in Lot 8, Block 13, Highland Hills Subdivision, Weld County, Colorado, with a date of appropriation of May 7, 1962 in the amount of 0.022 c.f.s. for domestic use. 4. Historic Use: Both wells have been used for irrigation of 2.78 acres and commercial use in all of Block 13; Lots 5-8, Block 11; Lots 3-7, Block 12 all in the NW¼ NE¼ of said Section 15 Township 5 North, Range 66 West of the 6th P.M., Weld County, Colorado. 5. Proposed Change: Applicant seeks to change the use of both wells to commercial and irrigation use of 2.78 acres in all of Block 13; Lots 5-8, Block 11; Lots 3-7, Block 12 all in the NW¼ NE¼ of said Section 15 Township 5 North, Range 66 West of the 6th P.M., Weld County, Colorado. 6. Plan for Augmentation: 6.1. Depletions: Applicant proposes a plan of augmentation to prevent injury to senior appropriators from any out-of-priority diversions by the wells. The irrigation requirement for the 2.78 acres was estimated on a monthly basis using the modified Blaney-Criddle method and the average annual consumptive irrigation requirement is 5.31 acre feet or 1.91 acre feet per acre. Lagged stream depletions were calculated using the Stream Depletion Factor (SDF) method with both wells having a SDF factor of 2,424 days. Application efficiency was assumed to be 75% and it was assumed all return flows return to the groundwater aquifer. Due to the long distance to the stream and large SDF value, the lagged monthly stream depletions are fairly constant and Applicant proposes to utilize the average annual consumptive irrigation requirement, as determined by the Blaney-Criddle analysis, for the prior six years and that monthly stream depletions shall be determined to be 8.33% of annual consumptive use. Using the estimated consumptive use for 2003, the monthly replacement obligation is 0.443 acre feet when depletions are out of priority. Using the estimated consumptive use for 2004, the monthly replacement obligation is 0.468 acre feet when depletions are out of priority. 6.2. Replacement: Applicant has a lease with the City of Greeley that provides wholly consumable effluent to replace all the depletions through 10/31/03, when out of priority. Applicant anticipates that lease will be extended for one more year during which time Applicant will seek a long term lease from the City as the source of water for this plan. The leased effluent is released to the Cache La Poudre River at the City of Greeley Waste Water Treatment Plant. The location of the well depletions is at a point approximately 3.5 miles upstream of the City of Greeley Waste Water Treatment Plant. 7. Name and Address of Owners of Structures: Applicant owns the Highland Nurseries wells. 03-CW-348. Ground Water Management Subdistrict of the Central Colorado Water Conservancy District (Central), 3209 West 28th Street, Greeley, Colorado 80631. (970) 330-4540. (Kim R. Lawrence, Lind, Lawrence & Ottenhoff, LLP, 1011 11th Avenue, Greeley, CO, 80631, 970-356-9160). Application for Change of Water Rights in Weld County. 2. Decreed Name of Structure: Greeley Irrigation Company (46 3/4 shares) and Westmoor Lake. 3. Previous Decrees: 3.1. A decree was entered in Civil Action No. 320 in the District Court, County of Larimer, State of Colorado on April 11, 1882. The headgate of Canal No. 3 is located on the south side of the Cache La Poudre River in the Northeast Quarter of the Northwest Quarter of the Southeast Quarter of Section 32, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado at a point 1900 feet West and 2200 feet North of the southeast corner of said Section 32. The source of water is the Cache La Poudre River. The decreed use is for irrigation and domestic with the following appropriation dates and amounts: Priority No. Appropriation Date Decreed Amount


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35 04/01/1870 52.0 cfs 46 10/01/1871 41.0 cfs 50 07/15/1872 63.13 cfs 58 05/15/1873 16.67 cfs Canal m 3 and the above water rights are jointly owned, with 5/8ths interest belonging to Greeley Irrigation Company and 3/8ths interest belonging to the City of Greeley. Greeley Irrigation Company also owns 60 preferred rights in Fossil Creek Reservoir. 3.2. A decree was entered in Case No. 96CW658 on June 15, 1998 changing 46 3/4 shares of the Greeley Irrigation Company and the prorata portion of Fossil Creek Reservoir water represented by Certificates No. 3188, 3247, 3248, 3249, and 3250, which are now owned by Applicant, to be used for augmentation, replacement, exchange, irrigation, domestic, commercial, industrial, fire protection, watering of livestock, recreational, piscatorial and wildlife propagation purposes. The decree also adjudicated a water right for Westmoor Lake with appropriation date of 11/4/1994 for 10 c.f.s. with the right to recharge up to 180 acre feet per year, 2.5 c.f.s. was decreed absolute, 7.5 c.f.s. conditional, 18.8 acre feet absolute and 161.2 conditional for augmentation, replacement, piscatorial and wildlife propagation purposes. 4. Proposed Change: 4.1. The Decree in Case No. 96CW658 finds that there are excess augmentation credits above what is needed to augment Westmoor Lake and that those credits may be used by others. The Decree requires that any place of use, other than Westmoor Lake, shall be approved by a separate application, notwithstanding the fact the terms and conditions, including the consumptive use and return flows, for the change of the 46 3/4 shares for the uses set out in ¶3.2 have been decreed. The Decree also requires that any augmentation or replacement uses of the Westmoor Lake appropriation, other than Westmoor Lake, shall be the subject of a separate application filed in the Water Court. 4.2. Central proposes to remove the irrigation, domestic, commercial, industrial, fire protection, watering of livestock and recreational decreed uses and the piscatorial and wildlife propagation uses shall only be applicable to water stored in Westmoor Lake. 4.3. Central provides augmentation water to allow the continued operation of approximately 1000 alluvial wells during times of call, which wells are the subject of Class B, C and D contracts with Central pursuant to §37-45-101 et. seq. C.R.S. An Application has been filed seeking approval of a Plan for Augmentation in 02CW335. Central seeks approval to use the 46 3/4 shares and Westmoor Lake appropriation for augmentation and replacement of out of priority depletions from the wells described in 02CW335. Replacement or exchange use of the shares and Westmoor Lake may be made pursuant to a Substitute Water Supply Plan approved by the State Engineer in accordance with statute. The Water Augmentation Subdistrict of the Central Colorado Water Conservancy District may also use the shares and Westmoor Lake for augmentation and replacement purposes to the extent the water is not needed by Applicant. 5. Name and Address of Owners of Structures: Applicant and Greeley Irrigation Company, c/o Ms. Donna Coble, 1025 9th Avenue, #309,Greeley, CO 80632.


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99CW234 THE CITY OF GREELEY, ACTING BY AND THROUGH ITS WATER AND SEWER BOARD, IN WELD COUNTY, 1100 10th Street, Greeley, Colorado 80631. C/O James S. Witwer and Douglas M. Sinor, Trout, Witwer & Freeman, P.C., 1120 Lincoln Street, Suite 1600, Denver, Coloado 80203, (303) 861-1963. Amendment to Application, IN WELD COUNTY. The application in this matter filed by Greeley on December 30, 1999 (“Application”) is hereby amended to include the additional point of diversion for water storage right and additional points of substitution and exchange, including storage, described below. Also, the reference to “WW Farm Lake Nos. 1-4" in paragraph III.D of the Application concerning places of storage following exchange is amended to be “WW Farm Lake Nos. 1-5.” Additional Point of Diversion for Water Storage Right. Name of Reservoirs: Flatiron Reservoir Nos. 1-5, as described in the Application. Legal Description: As described in the Application. Structure Used to fill Reservoirs: In addition to the facilities described in the Application, water will be diverted into the Flatiron Reservoir Nos. 1-5 through the 35th Avenue Drainage Ditch Diversion Point, to be constructed on the 35th Avenue Drainage Ditch in the SW 3 of the NW 3 of Section 36, Township 6 North, Range 66 West., 6th P.M., Weld County, Colorado. Source: 35th Avenue Drainage Ditch, tributary to the Cache la Poudre River. Water in the 35th Avenue Drainage Ditch that is tributary to the Cache la Poudre River will be diverted into the Flatiron Reservoir Nos. 1-5 by direct diversion or by exchange when in priority. Date of Appropriation: On or before December 14, 1999. How Appropriation was Initiated: Same as described in the Application. Date Water Applied to Beneficial Use: Not applicable. Amount Claimed: The storage amount is the same as described in the Application. The combined rate of diversion of water pursuant to the water storage rights and through the facilities described herein and in the Application shall be the same as described in the Application, 225 cfs. Use: All uses described in the Application. Name and Address of Owner of Land on Which Structure is Located: 35th Avenue Drainage Ditch Diversion Point: Greeley. Additional Points of Substitution and Exchange, Including Storage. Name of Rights Claimed: Greeley’s Lower Cache la Poudre Exchanges. In addition to the points of substitution and exchange, including storage listed in the Application, Greeley claims the following additional points of substitution and exchange, including storage: Exchange-from Point (Point of Substitution and Exchange): Greeley Canal No. 3 F-Street Release Structure located 1575 feet East of the West section line and 750 feet North of the South section line of section 34, Township 6 North, Range 66 West, 6th P.M., Weld County, Colorado. The combined rate of release of substitute supplies from the points of substitution and exchange described herein and in the Application will be the same as described in the Application, 225 cfs. Exchange-to Points (Points of Diversion by Exchange) (all locations described from 6th P.M., Weld County, Colorado): 1. 35th Avenue Drainage Ditch Diversion Point: a diversion structure to be constructed on the 35th Avenue Drainage Ditch in the SW 3 of the NW 3 of Section 36, Township 6 North, Range 66 West. 2. W. R. Jones Ditch: the headgate for which is located on the south side of the Cache La Poudre River in the SW 3 of Section 36, Township 6 North, Range 67 West, at a point located approximately south 2,950 feet and east 850 feet from the northwest corner of said Section 36. 3. Whitney Irrigation Company Ditch: the headgate for which was originally situated in Section 20, Township 6 North, Range 67 West. The diversion point is now situated 1-: miles upstream of the original point in the SE 3 of Section 19, Township 6 North, Range 67 West, at a point located approximately south 2,900 feet and west 2,500 feet from the northeast corner of sais Section 19, Township 6 North, Range 67


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West. Places of Storage Following Exchange: Following Greeley’s diversion of water by substitution and exchange as outlined herein, water will be stored as described in paragraph III.D of the Application, as such paragraph is amended herein. Water Rights to Be Used for Substitute Supply: All sources of water listed in the Application. Date of Appropriation of Exchange Rights: On or before December 14, 1999. How Appropriation was Initiated: Same as described in the Application. Date Water Applied to Beneficial Use: Not applicable. Use: All uses described in the Application. Description of Proposed Substitutions and Exchanges: Same as described in the original Application. Names and Addresses of Owners of Land on Which Structures for the Water Rights Are Located: 1. 35th Avenue Drainage Ditch Diversion Point: Applicant. 2. W. R. Jones Ditch Company, Mr. Thomas Cech, President, c/o Central Colorado Water Conservancy District, 3209 West 28th Street, Greeley, CO 80631. 3. Whitney Irrigation Company, Mr. Harold Long, President, 11492 Weld County Road 64, Greeley, CO 80631. Places of Storage Following Exchange. Paragraph III.D of the Application provides that water may be stored following exchange and describes several places of storage, including without limitation “WW Farm Lake Nos. 1-4, more particularly described in the application pending in Case No. 90CW23.” The reference to WW Farm Lake Nos. 1-4 is hereby amended to be “WW Farm Lake Nos. 1-5, which are the subject of the application pending in Case No. 90CW23.” (4 pgs) 01CW161 Village at Elk Crossing, LLC, 11660 Antler Trail, Littleton, Co 80127. (C/o Priscilla S. Fulmer, Esq., Bendelow Law Firm, P.C., 1120 Lincoln Street, Ste. 1000, Denver, CO 80203, (303) 837-9600. Amended Application for Water Rights, Change of Water Rights, Storage Rights and Plan for Augmentation and Exchange, IN JEFFERSON COUNTY. The purpose of this Amendment is to add the Mountain Mutual Reservoir Company Water Rights described below to the Application in order to implement Applicant’s right of substitution and exchange. The consumptive use and on-site structures shall remain the same as filed in the original Application. This case has been set for a trial of five days commencing March 29, 2004, which date Applicant requests, be retained. In which event, objector(s) in this case as a result of the publication of this Amendment to Application shall be accommodated in a modified proposed case management order allowing them four months for discovery prior to trial. For purposes of this Amendment, the following paragraphs of the original Application shall be amended as follows: Paragraphs 6 B and C shall be deleted, Paragraph 6A shall become Paragraph 6 and shall be amended as follows: 6. General Description of Plan for Augmentation: Applicant proposes to develop approximately 30 acres in the NW1/4SE1/4 of Section 14, Township 6 South, Range 71 West of the 6th P.M. to include commercial and retail office and warehouse space, with proposed grocery and restaurant space. The Development will occur in several stages and water demands and augmentation needs will correspond respectively. The plan for augmentation was developed to replace out-of-priority depletions associated with the use of Village Wells Nos. 1 through 5 as applied for in the original application. The total water demand for the Development is approximately 24.48 acre-feet of water per year. Through the use of 1 acre-foot from Village Well No. 6 for exempt commercial uses, the 24.48 acre-feet is reduced to 23.48 acre-feet of water for which consumptive use must be calculated. Of this 23.48 acre-feet, five percent or approximately 1.2 acre-feet of water used for commercial purposes will be consumed per year using a central mechanical wastewater treatment system. Paragraph 8 shall be amended as follows: 8. Water Rights to be Used for Augmentation and Plan for Augmentation: In order to provide the necessary replacement water for the Development to the stream system in the Turkey Creek drainage basin, Applicant proposes to use water stored in the Village Pond to the


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extent water is physically and legally available for storage and water stored in Meadowview Reservoir identified in this amendment. Applicant intends to store sufficient water to satisfy carry over storage. APPLICATION FOR APPROPRIATIVE RIGHT OF SUBSTITUTION AND EXCHANGE: The following paragraphs shall be amended as follows: 9. Applicant seeks adjudication of a conditional appropriative right of substitution and exchange pursuant to §37-80-120 and §37-92-302(1)(a), C.R.S. on unnamed tributaries of North Turkey Creek, North Turkey Creek, Turkey Creek, Bear Creek and the South Platte River. The purpose of this appropriative right of substitution and exchange is to permit diversions of water by Village Wells Nos. 1 through 5 and the Village Pond when Applicant can operate the exchange, for the purposes described herein, when curtailment would otherwise be required under the priority system. For those times when the Village Pond cannot be filled under its own priority, Applicant has entered into a Water Purchase Agreement with Tiny Town Investment Corporation (“TTIC”) (the “TTIC Water Rights”) and a Water Purchase Agreement with North Fork Associates, LLC and Mountain Mutual Reservoir Company (collectively “MMRC”) (the “MMRC Water Rights”) to implement Applicant’s right of substitution and exchange herein. TTIC Water Rights: 10. Pursuant to the TTIC Agreement, Applicant has purchased 2.15 acre-feet per year out of a total of 4.0 acre-feet per year that was decreed by this Court in Case No. 86CW021 on December 24, 1986, which is to be released from Spinney Mountain Reservoir for use by TTIC under its plan for augmentation (the “TTIC Decree”). It has been determined that under its plan for augmentation, TTIC will not utilize the 2.15 acre-feet of the 4.0 acre-feet of water for augmentation purposes, and in accordance with Paragraph 26 of the TTIC Decree, up to 2.51 acre-feet of the augmentation water is “surplus” that may be leased or sold to third parties. Applicant will utilize the 2.15 acre-feet of water, the TTIC Water Rights, for its exchange purposes through releases from Spinney Mountain Reservoir. 11. Under the TTIC Decree, TTIC was awarded an appropriative right to operate its exchange under a priority date of January 17, 1986 at a rate of 2.0 cfs into its 285 Business Center Reservoir No. 1 (the “285 Reservoir”). The 285 Reservoir is located approximately 3,000 feet from the confluence of North Turkey Creek and South Turkey Creek in the NW1/4 SW1/4 of Section 27, Township 5 South, Range 70 West of the 6th P.M. at a point whence the west quarter corner of said Section 27 bears North 53° 08' 18" a distance of 1,649 feet, more or less, and may be filled by using Iowa Gulch and/or South Turkey Creek. Applicant’s Village Pond is located on an unnamed tributary to North Turkey Creek up from the confluence of North and South Turkey Creeks in the NW1/4, SE1/4, Section 14, Township 6 South, Range 71 West, 6th P.M. The reach of Applicant’s TTIC Exchange shall be divided into two segments: (1) the “Western Segment Reach” which shall run from the confluence of North and South Turkey Creeks up to the Village Pond and (2) the “Eastern Segment Reach” which shall run from the confluence of Bear Creek and the South Platte into which releases are made from Spinney Mountain Reservoir up to the confluence of North and South Turkey Creeks. 12. There shall be a different date of appropriation for the substitution and exchange for each of the two segments of the TTIC Exchange reach. The date of appropriation for Applicant’s Western Segment Reach shall be August 1, 2001, based on the initial date of the analysis of the use of the TTIC Water Rights by Applicant and negotiations to purchase the water rights. The date of appropriation for the Eastern Segment Reach shall be January 17, 1986, which is the date awarded to the very same augmentation water for the same exchange reach under the TTIC Decree. 13. If the Village Pond cannot be filled under its own priority, up to 2.15 acre-feet of the TTIC Water Rights may be released during times when water can be exchanged up Turkey Creek to the Village Pond to enable a maximum of 2.15 acre feet to be exchanged into storage at the Village Pond, as determined by Applicant after prior consultation with and approval from the Division Engineer or its designated representative. The exchange may only be conducted when


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water rights which divert within the exchange reach whose priorities are senior to the exchange priority described herein are either (1) in priority and fully satisfied, (2) not diverting due to lack of demand, or (3) unable to divert because of being called out by a downstream senior water right that is located below the downstream terminus of the exchange reach. Such an exchange shall be limited to those times when there is a live stream on Turkey Creek-Bear Creek stream system through the exchange reach. 14. If the TTIC Water Rights are utilized, the water shall be released from Spinney Mountain Reservoir into the South Platte, exchanged from the confluence of Bear Creek and the South Platte; up Bear Creek to its confluence with Turkey Creek; up Turkey Creek to its confluence with North Turkey Creek; and up North Turkey Creek to the confluence of North Turkey Creek and an unnamed tributary in the NW1/4, NW1/4, Section 14, Township 6 South, Range 71 West, 6th P.M., up the unnamed tributary to a second unnamed tributary in the SE1/4, NW1/4, Section 14, Township 6 South, Range 71 West, 6th P.M., up the second unnamed tributary to the Village Pond, in NW1/4, SE1/4, Section 14, Township 6 South, Range 71 West, 6th P.M. MMRC Water Rights: 15. VEC has entered into a contract with NFA and MMRC to purchase 31.8 shares of the capital stock of MMRC. The 31.8 shares represent the right to receive 1.00 acre foot of “firm” yield augmentation water per year from the water rights and storage facilities MMRC holds for the benefit of its shareholders, as more particularly described below. 16. The water rights which MMRC owns for the benefit of its shareholders (hereinafter referred to as the “Bear Creek/Turkey Creek water rights”), are summarized as follows: A. Harriman Ditch: 7.71 shares of the 400 shares of capital stock (1.93%), issued and outstanding in the Harriman Ditch Company. Said Company owns direct flow water rights decreed to the Harriman Ditch, Pursuant to the Decree entered in Civil Action No. 6832, on February 4, 1884, the Ditch was awarded the following direct flow priorities:

Appropriation Priority MMRC Date No. Source Amount Entitlement April 15, 1868 21 Turkey Creek 10.75 cfs 0.2072 cfs March 16, 1869 23 Bear Creek 7.94 cfs 0.1530 cfs May 1, 1871 25 Bear Creek 25.54 cfs 0.4923 cfs March 1, 1882 30 Bear Creek 12.87 cfs 0.2481 cfs The Bear Creek headgate of the Harriman Ditch is located on the South bank of Bear Creek in the NE 1/4 NE 1/4, Section 2, Township 5 South, Range 70 West, 6th P.M., Jefferson County, Colorado. The Turkey Creek headgate of the Harriman Ditch is located on the South bank of Turkey Creek near the Southwest corner of Section 6, Township 5 South, Range 69 West, 6th P.M., Jefferson County, Colorado. The Ditch was originally decreed for irrigation, livestock watering, domestic and municipal purposes. B. Warrior Ditch: 2.0 shares of the 160 shares of capital stock (1.25%), issued and outstanding in the Warrior Ditch Company. Said Company owns direct flow water rights decreed to the Warrior Ditch. Pursuant to the Decree entered in Civil Action No. 6832 on February 4, 1884, the Ditch was awarded the following direct flow priorities:

Appropriation Priority MMRC Date No. Source Amount Entitlement December 1, 1861 4 Bear Creek 12.33 cfs 0.1541 cfs April 16, 1862 8 Turkey Creek 2.86 cfs 0.0358 cfs October 31, 1864 14 Bear Creek 25.47 cfs 0.3184 cfs April 1, 1865 16 Bear Creek 11.49 cfs 0.1436 cfs The headgates of the Warrior Ditch are the same as those of the Harriman Ditch, described above. The Ditch was originally decreed for irrigation purposes. C. Soda Lake Reservoir Nos. 1 and 2: 8.71 shares of the 400 shares of capital stock (2.18%), issued and outstanding in the Soda Lakes Reservoir and Mineral Water Company. Said Company owns storage water rights decreed to the Soda Lakes Reservoir Nos. 1 and 2.


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Pursuant to the Decree entered in Civil Action No. 91471 on September 24, 1935, the Soda Lake Reservoir Nos. 1 and 2 were adjudicated for 1,794 acre feet for irrigation purposes, and 598 acre feet for storage for supplying the City of Denver with water for municipal purposes, including the watering of lawns and gardens. The date of appropriation awarded the structures was February 11, 1893. The Soda Lakes Reservoirs are located in Section 1, Township 5 South, Range 70 West, 6th P.M., Jefferson County. The Reservoirs are filled through the Harriman Ditch. D. Meadowview Reservoir: The structure is located in the NE 1/4 SW 1/4 and the NW 1/4 SE 1/4 of Section 26, Township 5 South, Range 71 West, 6th P.M., Jefferson County, Colorado. Meadowview Reservoir was awarded a conditional water right in Case No. 2001CW294, in an amount of water up to 50 acre feet, for augmentation, replacement, exchange and substitution purposes, with the understanding that the amount will be reduced to the difference between 50 acre feet and the volume of water decreed in Case No. 94CW290 for the same purposes. The source is water tributary to North Turkey Creek. Harriman Ditch and Warrior Ditch direct flow water and water available to MMRC in the Soda Lakes Reservoirs will also be stored in Meadowview Reservoir by exchange pursuant to the appropriative rights of substitution and exchange decreed in Case Nos. 2000CW060 and 2001CW293, and the currently pending claim in Case No. 94CW290. 17. The overall “firm” yield of consumptive use water available from the MMRC portfolio of Bear Creek/Turkey Creek water rights and storage facilities was quantified in the Decree entered by the District Court for Water Division 1 in Case No. 2001CW293, dated July 16, 2003. The terms and conditions under which the Bear Creek/Turkey Creek water rights are used for augmentation and replacement purposes are set forth in the Decree in Case No. 2001CW293, and are deemed to be res judicata in future proceedings involving such rights, pursuant to Williams v. Midway Ranches, 938 P.2d 515 (Colo. 1997). Reference is made to the Decree in Case No. 2001CW293 for more detailed information. 18. If the Village Pond has insufficient storage to make releases to meet depletions to North Turkey Creek, Turkey Creek and points downstream, up to 1.00 acre-foot of “firm” yield MMRC Water Rights may be released during times when the exchange decreed in Case No. 2001CW293 can be operated, to offset depletions to North Turkey Creek, Turkey Creek and points downstream by either continuously leaving a portion of MMRC’s direct flow water rights in the stream or periodically releasing water stored in Soda Lakes Reservoirs. During times when such an exchange cannot be operated, depletions will primarily be augmented by periodically releasing water from Meadowview Reservoir. 19. At times when the exchange in 96CW293 can be operated the MMRC exchange to Meadowview Reservoir will utilize portions of its Harriman Ditch and Warrior Ditch direct flow rights, as well as water previously stored in Soda Lakes Reservoirs Nos. 1 and 2. The reaches of the stream affected by the MMRC Exchange shall include sections of Turkey Creek and its tributaries. The downstream point of exchange shall be the confluence of Bear Creek and Turkey Creek at Bear Creek Lake in Section 5, Township 5 South, Range 69 West, 6th P.M., Jefferson County, Colorado. The exchange shall extend upstream on Turkey Creek to its confluence with North Turkey Creek and South Turkey Creek in the NW ¼ NW ¼ of Section 27, Township 5 South, Range 70 West, 6th P.M.; and thence up North Turkey Creek to the inlet facilities for Meadowview Reservoir in the S ½ of Section 26, Township 5 South, Range 71 West, 6th P.M., as more particularly described in the Decree entered in Case No. 2000CW060. Alternatively, instead of exchanging into storage in the Meadowview Reservoir, the exchange may be continued up North Turkey Creek to the confluence of North Turkey Creek and an unnamed tributary in the NW1/4, NW1/4, Section 14, Township 6 South, Range 71 West, 6th P.M. up the unnamed tributary to a second unnamed tributary in the SE1/4, NW1/4, Section 14, Township 6 South, Range 71 West, 6th P.M., up the second unnamed tributary to the Village Pond, in NW1/4, SE1/4, Section 14, Township 6 South, Range 71 West, 6th P.M. 20. The MMRC Exchange will only operate when there is a live stream between the point where exchange water is released to the stream system and the particular upstream point of exchange. 21. The portion of the MMRC Exchange utilizing the 1 acre-foot of MMRC Water Rights to the Village Pond will be administered with a priority date of September 28, 2001, the date of the original Application describing the Western Segment Reach, at a maximum flow rate of 0.3 cubic feet per second.


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22. Names and Addresses of Owners of Land on which Structures are or will be Located: Village at Elk Crossing Development: Applicant; Harriman Ditch and Warrior Ditch: Harriman Ditch Company, c/o Jerry Foster, 1600 West 12th Avenue, Denver, CO 80204-34l2; Soda Lakes Reservoir Nos. 1 and 2: Soda Lakes Reservoir and Mineral Water Company, c/o Jerry Foster, 1600 West 12th Avenue Denver, CO 80204-34l2; Meadowview Reservoir: Evergreen Memorial Park, Inc., 26624 North Turkey Creek Road, Evergreen, Colorado 80439. In all other respects, the Application shall remain in full force and effect as originally filed on September 28, 2001, and published in the September 2001 Resume for Water Division 1. (11 pgs) 2002CW335 Central Colorado Water Conservancy District, 3209 West 28th Street, Greeley, Colorado 80631 C/O Kim R. Lawrence of Lind, Lawrence & Ottenhoff, LLP, 1011 11th Avenue, Greeley, CO, 80631, (970)356-9160. Amendment to Application for Approval of Plan of Augmentation and Application for Water Rights in Adams, Larimer, Morgan and Weld Counties. 2. The Application for Plan of Augmentation is amended as follows. 3. Additional Decrees for Water Rights to be Used for Augmentation: 3.1. On July 1, 2003 a Decree was entered in Case m 97CW077 authorizing the use of 26.167 shares of Greeley and Loveland Irrigation Company, 16 shares of Seven Lakes Reservoir Company and 9 contract rights in the Loveland and Greeley Reservoir Company for augmentation use. 3.2 Applicants purchased 46 3/4 shares of the Greeley Irrigation Company represented by Certificates m 3188, 3247, 3248, 3249, and 3250 which were changed in the Decree in Case m 96CW658 to be used for augmentation purposes and the water right decreed to Westmoor Lake with appropriation date of 11/4/94. Applicant will seek approval to use these changed shares and water right by filing an application in the Water Court. 4. Applicants have purchased the following additional water rights which will be used as replacement sources. Separate applications for change of water rights will be filed for each ditch, no change of these water rights is sought in this application. Applicant intends to rely on the State Engineer’s diversion records for each ditch which are public record. 4.1. Decreed Name of Structure: Beeline Ditch Company (5 shares, Certificate m 318). 4.1.1. Previous Decrees: The Beeline Ditch was decreed in Case m 4862, on June 29, 1916 with an appropriation date of May 31, 1887 for 40.0 c.f.s. The decreed use is for irrigation. The decreed headgate location is in the SW¼ NW¼ of Section 10, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. 4.1.2. Historic Use: Prior to 1970 the shares were used to irrigate 75 acres of land located in the SE¼ SE¼ of Section 7, Township 4 North, Range 66 West of the 6th P.M. and the SW¼ SW¼ of Section 12, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. Subsequent to 1970 the shares were used to irrigate 55 acres of land adjacent to the Ehrlich feedlot and 238 acres under two irrigation pivots located in the W½ of Section 12, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. 4.2. Decreed Name of Structure: Big Thompson and Platte River Ditch Company (7 shares, Certificate m 288). 4.2.1. Previous Decrees: The Big Thompson and Platte River Ditch was decreed in Case m 4862 on June 29, 1916 with appropriation dates of November 11, 1865 for 35 c.f.s. and May 28, 1183 for 60 c.f.s. The decreed use is for irrigation. The decreed headgate location is in the SW¼ NW¼ of Section 4, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. 4.2.2 Historic Use: Use in conjunction with 5 shares of Beeline Ditch on lands described in ¶4.1.2. 4.3. Decreed Name of Structure: Farmers Independent Ditch Company (3 shares, Certificate m 1034). 4.3.1. Previous Decrees: The Farmers Independent Ditch was decreed in Case m 6009, on April 28, 1883 with appropriation dates of November 20, 1865 for 61.6 c.f.s. and November 20, 1876 for 85.4 c.f.s. The decreed use is for irrigation. The decreed headgate location is in the SW¼ of Section 19, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado. 4.3.2. Historic Use: The 3 shares were historically used to irrigate 21 of the 80 acres in the S½, SE¼, SE¼ of Section 21 and NE¼, NE¼ of Section 28 of Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado. Development of the Section 28 property began in 1973 and the 21 acres of the 80 acres is now developed and not farmed. 4.4. Decreed Name of Structure: Farmers Independent Ditch Company (15.5 shares Certificate m 1103, 1109, 1111.) 4.4.1. Previous Decrees: See ¶4.3.1. 4.4.2. Historic Use: The 15.5 shares were used to irrigate 114 acres in the NW¼ NW¼ and the S½ NW¼ of Section 12, Township 4 North, Range 66 West of the 6th P.M. 4.5. Decreed Name of Structure: Farmers Independent Ditch Company (7.25 shares Certificate m 1114.) 4.5.1. Previous Decrees: See ¶4.3.1. 4.5.2. Historic Use: The 7.25 shares were used to irrigate 48 acres in the North ½ of Section 28, Township 4 North, Range 66 West of the 6th P.M., formerly known as all of Blocks 15, 16, 38, 39, 40, 41, 42 and 43, Town of Gilcrest, Colorado. 4.6. Decreed Name of Structure: Fulton Irrigation Ditch Company (50 shares, Certificate m 2897). 4.6.1. Previous Decrees: The Fulton Irrigation Ditch was decreed in Case m 6009 in the Arapahoe County District Court, Arapahoe County, State of Colorado, on April 28, 1883 with appropriation dates of May 1, 1865 for 79.7 c.f.s.; July 8, 1876 for 74.25 c.f.s; November 5, 1879 for 50.23 c.f.s.; November 1, 1882 for 244.62 c.f.s. (abandoned in Case m A-16069, Denver District Court, 1938); from the South Platte River. The decreed use is for irrigation. The decreed headgate location is near Section 9, between Sections 16 and 17 in Township 2 South, Range 67 West of the 6th P.M., Adams County, Colorado. The actual headgate location is in the NE¼ NE¼ SE¼ of Section 17, Township 2 South, Range 67 West of the 6th P.M., Adams County, Colorado. 4.6.2. Historic Use: The 50 shares were used to irrigate 126 acres in the E½ and part of the W½ SW¼ of Section 18, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. 4.7. Decreed Name of Structure: Greeley Irrigation Company (12 shares, Certificate m 3219). 4.7.1. Previous Decrees: A decree was entered in Civil Action m 320 in the District Court, County of Larimer, State of Colorado on April 11, 1882. The headgate of Canal m 3 is located on the south side of the Cache La Poudre River in the Northeast Quarter of the Northwest Quarter of the Southeast Quarter of Section 32, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado at a point 1900 feet West and 2200 feet North of


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the southeast corner of said Section 32. The source of water is the Cache La Poudre River. The decreed use is for irrigation and domestic with the following appropriation dates and amounts: Priority No. Appropriation Date Decreed Amount 35 04/01/1870 52.0 cfs 46 10/01/1871 41.0 cfs 50 07/15/1872 63.13 cfs 58 05/15/1873 16.67 cfs Canal m 3 and the above water rights are jointly owned, with 5/8ths interest belonging to Greeley Irrigation Company and 3/8ths interest belonging to the City of Greeley. Greeley Irrigation Company also owns 60 preferred rights in Fossil Creek Reservoir. 4.7.2. Historic Use: The 12 shares were used to irrigate 35 acres in the W½ NE¼ and the E½ NW¼ of Section 21, Township 5 North, Range 68 West of the 6th P.M. 4.8 Decreed Name of Structure: Lower Latham Ditch Company (1 share, Certificate m 1306). 4.8.1. Previous Decrees: The headgate of the Lower Latham Ditch is located in NE¼ NW¼ NE¼ of Section 31, T5N, R65W of the 6th P.M. Weld County, Colorado. The Ditch has the following absolute water rights decreed to it: Adjudication Appropriation

Case No. Date Date Amount 6009 4/28/1883 5/12/1869 20.4 c.f.s. 6009 4/28/1883 12/12/1874 35.77 c.f.s. 6009 4/28/1883 11/14/1877 97.68 c.f.s. The above water rights are adjudicated for irrigation purposes. 4.8.2. Historic Use: The 1 share of the Lower Latham Ditch Company and 1 share of the Union Ditch Company described in ¶4.12 were used to irrigate 45-47 acres located in part of E½ SW¼ SW¼ and the SE¼ SW¼ of Section 14 and the E½ NW¼ NW¼ and the NE¼ NW¼ of Section 23, all in Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado. 4.9. Decreed Name of Structure: Lower Latham Ditch Company (2.5 shares, Certificate m 1513). 4.9.1. Previous Decrees: See ¶4.8.1. 4.9.2. Historic Use: The 2.5 shares of the Lower Latham Ditch Company were used to irrigate 120 acres located in part of the SE¼ and part of the E½ SW¼ of Section 12, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado. 4.10. Decreed Name of Structure: Platteville Milling & Irrigation Company (½ share, Certificate m 12). 4.10.1. Previous Decrees: The Platteville Milling & Irrigation Ditch was decreed in Case m 6009, on April 28, 1883 with appropriation dates of July 1, 1862 for 47.88 c.f.s.; January 1, 1871 for 5.25 c.f.s. and October 15, 1873 for 94.25 c.f.s. The decreed use is for irrigation. The decreed headgate location is in the NE¼ NE¼ of Section 31, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado. 4.10.2. Historic Use: The ½ share was used to irrigate 60 acres located in the E½ of Section 7, Township 2 North, Range 66 West of the 6th P.M. 4.11. Decreed Name of Structure: Union Ditch Company (2 shares, Certificate m 875). 4.11.1. Previous Decrees: The Union Ditch was decreed in Case m 6009, on April 28, 1883 with appropriation dates of May 11, 1874 for 100 c.f.s. and February 11, 1881 for 84.03 c.f.s. The decreed use is for irrigation. The decreed headgate location is in the SE¼ SW¼ of Section 18, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado. 4.11.2. Historic Use: The 2 shares were used to irrigate 35 acres located in part of the NE¼ of the SE¼ of Section 22, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado. 4.12. Decreed Name of Structure: Union Ditch Company (1 share, Certificate m 852). 4.12.1.Previous Decrees: See ¶4.11.1. 4.12.2. Historic Use: See ¶4.8.2. 4.13 Decreed Name of Structure: Union Ditch Company (7 shares, Certificate m 948). 4.13.1. Previous Decrees: See ¶4.11.1. 4.13.2. Historic Use: The 7 shares of the Union Ditch Company were used to irrigate 125 acres described as Lots A and B of Recorded Exemption 0961-26-1-RE-3128 recorded August 1, 2001 at Reception m 2870657 being part of the NE¼ of Section 26, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado. 4.14. Decreed Name of Structure: Union Ditch Company (2.5 shares, Certificate m 864). 4.14.1. Previous Decrees: See ¶4.11.1. 4.14.2. Historic Use: 2.5 shares of the Union Ditch Company were historically used to irrigate 55 acres located in the N½ NW¼ of Section 24, Township 5 North, Range 65 West of the 6th P.M. 5. The 6 shares of the Platte Valley Irrigation Company have been sold and will not be used. 6. Applicant has the following leased sources for 2003-2004. These sources will be used only as long as the leases are in effect. Some leases may be extended: 6.1. Decreed Name of Structure: Whitney Ditch Company (8 shares, leased 7/15/03). 6.1.1. Previous Decree: The Whitney Ditch was decreed in Case m 320 in the District Court in and for Larimer County on April 11, 1882 with an appropriation date of September 1, 1862 for 48.23 c.f.s. and September 10, 1871 for 12.95 c.f.s. from the Cache La Poudre River. The Whitney Ditch headgate is located in Section 19, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado on the north side of the Cache La Poudre River. 6.1.2. Historic Use: The 8 shares of the Whitney were used for irrigation of 74 acres in the SE¼ of Section 30, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado. 6.2. Consumable water rights from Bull Reservoir by lease from the City of Northglenn dated 3/1/2003. 6.3. Decreed Name of Structure: Windsor Reservoir (10 shares leased 5/20/03). 6.3.1. Previous Decrees: Windsor Reservoir was decreed in Case m 1591 on December 9, 1904 with appropriation dates of July 8, 1880 for 11,732 a.f.; October 2, 1882 for 1,800 a.f. and September 9, 1901 for 5,557 a.f. and Case m 11217 on September 10, 1953 with an appropriation date of September 15, 1911 for 15,620 a.f. The decreed use is for irrigation. The decreed locations are in the SE¼ SE¼ of Section 33, Township 7 North, Range 67 West the NW¼ SE¼ of Section 16, Township 6 North, Range 67 West both in the 6th P.M., Weld County, Colorado. Historic Use: The 14 shares were used to irrigate 223 acres in the N½ of Section 17, Township 6 North, Range 64


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West and 498 acres in the W½ of Section 31, Township 7 North, Range 67 West both in the 6th P.M., Weld County, Colorado, along with other water rights. 6.4. Decreed Name of Structure: New Cache La Poudre Irrigation Company (8 shares leased 5/20/03). 6.4.1. The ditch and reservoir were decreed in Civil Action m 320 in the District Court, County of Larimer, State of Colorado, on April 11, 1882 and in Case m W-8059 in the Water Court, Water Division m 1 on June 13, 1977 with appropriation dates of 10/25/1870 for 110.00 c.f.s.; 09/15/1871 for 170.00 c.f.s.; 11/10/1874 for 184.00 c.f.s.; 09/15/1877 for 120.00 c.f.s.; 05/27/1974 for 65.00 c.f.s. from the Cache La Poudre River. The decreed use is for irrigation and domestic. The headgate location is on the North bank of the Cache La Poudre River in the Southeast Quarter of the Northeast Quarter of Section 11, Township 6 North, Range 68 West of the 6th P.M., Larimer County, Colorado. 6.4.2. Historic Use: The 8 shares were used to irrigate 208 acres in the E½ and the NW¼ of Section 16, Township 6 North, Range 67 West, along with other water rights. 6.5. Decreed Name of Structure: Lake Canal Ditch Company (4 shares leased 5/20/03). 6.51. Previous Decree: The Lake Canal was decreed in Case m 320 in the District Court in and for Larimer County on April 11, 1882 with an appropriation date of November 1, 1872 for 158.35 c.f.s. from the Cache La Poudre River. The Lake Canal headgate is located in the SE¼ SE¼, Section 35, Township 7 North, Range 69 West of the 6th P.M. 6.5.2. Historic Use: The 4 shares were used to irrigate 60 acres in the NE¼ of Section 16, Township 6 North, Range 67 West along with those rights in ¶6.3. 6.6. Decreed Name of Structure: Lupton Meadows Ditch (235 shares, leased 5/6/03). These shares are the subject of an Application for Plan for Augmentation by South Adams County Water and Sanitation District in Case m 01CW258 and the decrees and historic use information are described therein. 6.7. Decreed Name of Structure: Fulton Ditch (446 shares, leased 4/21/03). These shares are the subject of an Application for Plan for Augmentation by South Adams County Water and Sanitation District in Case m 01CW258 and the decrees and historic use information are described therein. 6.8. Decreed Name of Structure: Brighton Ditch (1.105 shares, leased 4/21/03). These shares are the subject of an Application for Plan for Augmentation by South Adams County Water and Sanitation District in Case m 01CW258 and the decrees and historic use information are described therein. 6.9. Decreed Name of Structure: McCanne Ditch (40 shares, leased 5/15/00). These shares are the subject of an Application for Plan for Augmentation by Ready Mixed Concrete Company in Case m 96CW197 and the decrees and historic use information are described therein. 6.10. Up to 2000 acre feet of reclaimed waste water from the City of Aurora by lease dated 6/3/02 the source of which is reusable municipal return flows. 6.11. Decreed Name of Structure: Platteville Irrigating and Milling Ditch Company(½ share, leased 4/15/03). 6.11.1. Previous Decree: See ¶4.10.1. 6.11.2. Historic Use: The ½ share was used to irrigate 80 acres in the SE¼ of Section 13, Township 3 North, Range 67 West Weld County, Colorado. 6.12. Consumable water rights decreed in Case m. W-8762-77, W-8083-75, 82-CW-359, 85-CW-409, and 85-CW-410 by lease from the City of Arvada. 6.13. Decreed Name of Structure: Highland Ditch a/k/a Plumb Ditch (8 shares, leased 7/15/03). 6.13.1. Previous Decree: The Highland Ditch was decreed in Case m 6009 in the District Court in and for Arapahoe County on April 28, 1883 with an appropriation date of October 1, 1871 for 24.4 c.f.s. from the South Platte River. The Highland Ditch headgate is located in the SW¼ NW¼ Section 13, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado. 6.13.2. Historic Use: The 8 shares of the Highland Ditch were used for irrigation of 107 acres in the E½ of Section 7 and the NE¼ of Section 18, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado. 6.14. The Subdistrict seeks approval to add water rights it acquires by purchase or lease to be used as replacement sources for this plan of augmentation and the Substitute Water Supply Plan as the case is in progress. This will be necessary at least until all Central’s reservoirs are completed and are on line. 7. The proposed Augmentation Plan will also replace out of priority depletions caused by the diversions from the augmentation wells listed in ¶10. APPLICATION FOR AUGMENTATION WELL WATER RIGHTS 8. Applicant seeks a water right for each of the structures in the following table. Each location is in Weld County within the 6th P.M. The source of each is groundwater tributary to the South Platte River. The appropriation date is based on the filing of the application for issuance of the well permit. Applicant claims the rate of flow and volume for each of the wells, conditional. The use of each well is augmentation, replacement and exchange. Applicant claims the use, reuse and successive uses of the water diverted for augmentation purposes under the subject water rights to extinction, either directly or by exchange.

m Name Permit/Receipt m App Date GPM/AF Qtr/Qtr Sec Tnp Rng

1 CGMS m 1 59951-F 05/05/2003 1397/2252 SW SE 16 4N 66W

2 CGMS m 2 59952-F 05/05/2003 745/1201 SW NE 21 4N 66W

3 CGMS m 3 59953-F 05/05/2003 1001/1614 NE SW 21 4N 66W

4 CGMS m 4 59954-F 05/05/2003 1096/1767 SW SW 15 4N 66W

5 CGMS m 5 59955-F 03/27/2003 1200/1934 NE NW 13 4N 66W

6 CGMS m 6 59956-F 04/14/2003 833/1343 SW NE 29 4N 66W

7 CGMS m 7 59957-F 04/14/2003 798/1286 SW NW 12 4N 66W

8 CGMS m 8 513238-A 07/21/2003 1150/1854 NW SW 13 4N 66W

9 CGMS m 9 513238-B 07/21/2003 1100/1773 SE SW 21 4N 66W


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m Name Permit/Receipt m App Date GPM/AF Qtr/Qtr Sec Tnp Rng

10 CGMS m 10 513238-C 07/21/2003 900/1451 SW NW 13 4N 66W

11 CGMS m 11 509415-C 04/14/2003 1022/1647 SW SW 29 4N 66W

12 CGMS m 12 508726-A 03/27/2003 1093/1762 SE NW 32 4N 66W

13 CGMS m 13 508726-B 03/27/2003 1102/1776 SW NW 12 4N 66W

14 CGMS m 14 508726-D 03/27/2003 1075/1733 SW SW 11 4N 66W

15 CGMS m 15 510142-C 05/05/2003 1199/1933 SE SE 16 4N 66W

16 CGMS m 16 510142-H 05/05/2003 997/1607 SW SW 15 4N 66W

17 CGMS m 17 510142-J 05/05/2003 997/1607 NE SW 13 4N 66W

18 CGMS m 18 510142-K 05/05/2003 1221/1968 SW NW 21 4N 66W

19 CGMS m 19 510142-L 05/05/2003 1367/2204 NE SW 29 4N 66W

20 CGMS m 20 510142-M 05/05/2003 997/1607 SE SW 29 4N 66W

21 CGMS m 21 510142-N 05/05/2003 1199/1933 NW SE 15 4N 66W

22 CGMS m 22 510142-O 05/05/2003 750/1209 SW SE 15 4N 66W

23 CGMS m 23 510142-P 05/05/2003 1212/1954 SW SW 21 4N 66W 9. Name and Address of Owners of Structures: The Subdistrict either owns or has the right to use the land and structures upon which the augmentation sources are located. The Augmentation Wells are used by Central pursuant to Agreement with the well owner. (16 pages) 02CW339. Town of Milliken, J. R. Schnelzer, Town Administrator, 1101 Broad Street, P. O. Box 290, Milliken, Colorado 80543. Telephone: 970-587-4331. Lot Holding Company, LLC, 3026 4th Avenue, Greeley, Colorado 80631. (970) 352-6057 (Kim R. Lawrence, Lind, Lawrence and Ottenhoff, LLP, 1011 11th Avenue, Greeley, CO, 80631, 970-356-9160). AMENDMENT TO APPLICATION FOR WATER RIGHTS IN WELD AND LARIMER COUNTIES. 2. The location of the Town of Milliken Well m 3 is amended as follows: In the NW¼ NW¼, Section 14, Township 4 North, Range 67 West of the 6th P.M.,Weld County, Colorado, approximately 317 feet south and 997 feet east from the Northwest corner of said section. 3. The Application for Water Right for the Mad Russian Well m 1 is withdrawn and applicant seeks two new structures set out in ¶’s 4 and 5. 4. Name of Structure: Settlers Village Refresh Well. 4.1. In the NW¼ SE¼, Section 12, Township 4 North, Range 67 West of the 6th P.M.,Weld County, Colorado, approximately 2507 feet north and 1558 feet west from the Southeast corner of said section. 4.2. Source: Groundwater tributary to the Big Thompson River. 4.3. Depth: 35 feet. 4.4. Date of Appropriation: September 11, 2003. 4.5. How Appropriation Was Initiated: Approval of filing of application. 4.6. Amount Claimed: 2.0 c.f.s., conditional. 4.7. Use: Evaporation replacement, freshing flow and piscatorial for the ponds described in ¶13.5.1. and ¶13.5.2. 5. Name of Structure: Colony Point Refresh Well. 5.1. In the NE¼ SW¼ , Section 12, Township 4 North, Range 67 West of the 6th P.M.,Weld County, Colorado, approximately 1535 feet north and 632 feet east from the Southwest corner of said section. 5.2. Source: Groundwater tributary to the Big Thompson River. 5.3. Depth: 35 feet. 5.4. Date of Appropriation: September 11, 2003. 5.5. How Appropriation Was Initiated: Approval of filing of application. 5.6. Amount Claimed: 2.0 c.f.s., conditional. 5.7. Use: Evaporation replacement, freshing flow and piscatorial for pond described in ¶13.5.1. and ¶13.5.2.


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AMENDMENT TO CHANGE OF WATER RIGHTS 6. The location of Watson Well m 2-6932 is amended as follows: In the NE¼ NE¼ of Section 14, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado, at a point 800 feet south and 790 feet west of the Northeast corner of said Section 14. The use will be irrigation within the service area of the Town of Milliken. 7. Decreed Name of Structures: Ehrlich Feedlots Well m 1-10445 (57783-F), Ehrlich Feedlots Well m 3-10446 and Ehrlich Feedlots Well m 4-10448. 8. Previous Decrees: A decree was entered in the Water Court, Water Division m 1, Case m W-3116 on December 1, 1975 for Ehrlich Feedlots Well m 1-10445 located in the SW¼ SW¼ of Section 12, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado, at a point 200 feet north and 300 feet east of the Southwest corner of said Section 12, with a date of appropriation of May 1, 1935 in the amount of 1.667 c.f.s.;Ehrlich Feedlots Well m 3-10446 located in the SE¼ SW¼ of Section 12, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado, at a point 1150 feet north and 1400 feet east of the Southwest corner of said Section 12, with a date of appropriation of June 1, 1941 in the amount of 1.556 c.f.s.; Ehrlich Feedlots Well m 4-10448 located in the SE¼ SW¼ of Section 12, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado, at a point 50 feet north and 300 feet east of the South ¼ corner of said Section 12, with a date of appropriation of June 1, 1941 in the amount of 0.889 c.f.s. all for irrigation of 640 acres in Section 12, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado along with Ehrlich Feedlot Wells m 2, 5-7. 9. Historic Use: Ehrlich Feedlot Wells m 1, 3 and 4 have been used for irrigation of 640 acres in Section 12, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado along with Ehrlich Feedlot Wells m 2, 5-7. 10. Proposed Change: 10.1. Applicants seek to change the location of Ehrlich Feedlots Well m 1-10445 (57783-F) to the SW¼ SW¼ of Section 12, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado, at a point 650 feet south and 70 feet east of the Northwest corner of said Section 12. The use will be irrigation within the service area of the Town of Milliken. 10.2. Applicants seek to change the location of Ehrlich Feedlots Well m 3-10446 to the NE¼ NE¼ of Section 12, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado, at a point 1941 feet south and 150 feet west of the Northeast corner of said Section 12. The use will be irrigation within the service area of the Town of Milliken. 10.3. Applicants seek to change the use of Ehrlich Feedlots Well m 4-10448 to irrigation within the service area of the Town of Milliken. 10.4. AMENDMENT TO PLAN FOR AUGMENTATION 11. Additional Structures to Be Augmented: Ehrlich Feedlots Wells m 1-10445 (57783-F), m 3-10446 and m 4-10448 decreed in Case m W-3116; all in Water Division m 1. 12. Water Rights to be Used for Augmentation: 12 shares of the Consolidated Hillsborough Ditch Company. Applicant withdraws the claim to use the 2.0 shares of the Greeley and Loveland Irrigation Company, 0.5 shares of the Seven Lakes Reservoir Company and 5 contract rights of Loveland and Greeley Reservoir Company a\k\a Lake Loveland as a source of augmentation. 13. Plan for Augmentation: 13.1. Diversions from the all the wells cause depletions to the Big Thompson River. To the extent that those depletions are out of priority, the purpose of this plan is to provide for replacement of such out of priority depletions in time, location and amount to the extent necessary to prevent injury to senior water rights. 13.2. Town of Milliken Wells m 1-15032 and 2-15031; Oster Well m 1378; Seele Well m 11676; Ehrlich Feedlots Well m1-10445, m 3-10446 and m 4-10448; Watson Well m 2-6932 are used for irrigation of 68 acres of parks and green belt in the Town. 13.3. Town of Milliken Well m 3 will be used to provide a supplemental source of potable supply to the Town. The Town anticipates pumping at least 359 acre feet/year from the well. 13.4. The average annual net


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stream depletion from all wells 315.22 acre feet/year. 13.5. Rows 3-7 in the Table below are amended. The historic consumptive use of the 12 shares is shown in Row 3. The lagged return flows from the 12 shares are shown in Row 4. The water available as a replacement source is shown in Row 5. The lagged depletions from all the wells is shown in Row 6. The net effect on the river is shown in Row 7. Historic returns will be maintained for all calls senior to the date of the filing of this application.

Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Total

3 0.00 0.00 0.25 8.15 78.32 171.36 242.24 209.51 123.17 17.42 0.03 0.00 850.44

4 32.39 30.50 28.30 28.22 38.53 46.39 50.68 52.64 51.43 45.37 40.31 36.55 481.85

5 68.39 62.35 56.90 58.74 98.65 133.98 158.54 158.73 140.64 107.12 87.96 79.02 1211.02

6 -33.0 31.9 -32.7 -31.1 -16.81 -5.66 -12.64 -17.63 -32.55 -33.98 -33.30 -33.77 -315.22

7 2.46 -0.10 -4.17 -0.65 43.31 81.93 95.32 88.46 56.66 27.77 14.35 8.70 413.95

13.6. Replacement of Out of Priority Depletions. Applicants will make replacement of out-of-

priority depletions that cause material injury to senior vested water rights from the 12 shares of the Consolidated Hillsborough Ditch Company. 9 of the 12 shares will be recharged in three recharge ponds described below and 3 shares will be delivered to the Big Thompson River through two augmentation structures shown on Figure 2: 13.6.1. Fishing is Fun Fishing/Recharge Pond: Located in the SW¼ of Section 12, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado, at a point 1050 feet north and 1455 feet east of the Southwest corner of said Section 12 at a rate of 30 c.f.s. 13.6.2. Main Farm North Fishing/Recharge Pond: Located in the NE¼ of Section 12, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado, at a point 290 feet south and 250 feet west of the Northeast corner of said Section 12 at a rate of 30 c.f.s. 13.6.3. Main Farm South Fishing/Recharge Pond: Located in the SE¼ of Section 12, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado, at a point 180 feet north and 300 feet west of the Southeast corner of said Section 12 at a rate of 30 c.f.s. 13.7. Applicants also propose to use any excess credits from the operation of this augmentation plan to provide a water supply for other structures owned by applicants which may have out of priority depletions, including but not limited to the following: 13.7.1. Bernhardt Pit located in the South ½ of Section 1, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. 13.7.2. La Poudre Pits located in the East One-half of the Northwest Quarter, West One-half of the Northeast Quarter and Northwest Quarter of the Southeast Quarter of Section 19, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado. 13.7.3. Firestein Pit located in the Southeast Quarter of Section 30 and the Northeast Quarter of Section 31, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado. 13.7.4. Shores Pit located in the SE¼ of the NE¼ and E½ of the SE¼ of Section 2, W½ of the SW¼ and S½ of the NW¼ and SW¼ of the NE¼ of Section 1 all in Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado. 13.7.5. Walker Pit located in the East ½ of Section 36, Township 1 North, Range 67 West of the 6th P.M., and the West ½ of Section 31, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 13.7.6. Stillwater Ranch Pit located in the East ½ of Section 36, Township 1 North, Range 67 West of the 6th P.M., and the West ½ of Section 31, Township 1 North, Range


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66 West of the 6th P.M., Weld County, Colorado. 13.7.7. Nissen Pit located in the SE¼ and the E½ SW¼ of Section 12, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado. 13.8. Applicants may also lease any excess credits from the operation of this augmentation plan to other entities for use in Substitute Water Supply Plans. 14. Name and Address of Owners of Structures: The wells listed are owned by Applicants. Applicants either own or have the right to use the land and structures upon which the replacement sources are located. The Hillsborough Ditch is owned by the Consolidated Hillsborough Ditch Company c/o Margaret Vetter, Secretary, 612 Charlotte Street, Johnstown, Colorado 80534. (6 pages + 1 page attachment)

2002CW390 Amended Application for TROLLCO, INC., c/o Martin Lind, President, 1625 Pelican Lakes Point, Suite 201, Windsor, CO 80550 (970) 686-5828 (Jeffrey J. Kahn, Esq., Bernard, Lyons, Gaddis & Kahn, P.C., P.O. Box 978, Longmont, CO 80502-0978. AMENDMENT TO APPLICATION FOR CHANGE OF WATER RIGHTS AND PLAN FOR AUGMENTATION INCLUDING EXCHANGES IN LARIMER AND WELD COUNTIES. 2. Water Rights Sought to be Changed Pursuant to this Amendment: In the original application, the Applicant identified 100 out of 192 shares in the B.H. Eaton Ditch Company to be changed in this application. The B.H. Eaton Ditch Company owns the B.H. Eaton Ditch. Since the original application was filed, the Applicant has received consent from Hilltop Aquatic Investments, LLC, d/b/a Raindance Aquatic Investments, LLC, a Colorado limited liability company (“Raindance”), to include an additional fourteen (14) shares of the B.H. Eaton Ditch Company in this application. 3. Description of Previous Decrees: The water rights adjudicated to the B.H. Eaton Ditch Company were identified in the original application. The decreed point of diversion for the B.H. Eaton Ditch is the south side of the Cache La Poudre River in the NW ¼, SE ¼, S19, T6N, R67W, 6th P.M., Weld County, Colorado. 4. Historic Use. The fourteen (14) shares subject of this amendment were historically used for irrigation on the land shown on the map attached as EXHIBIT A, located in the NW ¼ of Section 29, the SW ¼ of Section 29, and the NE ¼ of Section 30, T6N, R67W, 6th P.M., Weld County, Colorado. All other aspects of the application filed in this case shall be unaffected by this amendment. (5 pgs) The following is to correct what was published in the July 2003 resume. Except for the corrections here, everything remains as previously published. 03CW262 BIJOU IRRIGATION COMPANY, 229 Prospect St., POB 972, Ft. Morgan, CO 80701. Michael D. Shimmin, Esq. Vranesh and Raisch, POB 871, Boulder, CO 80306 Application for Approval of Plan for Augmentation in MORGAN AND WELD COUNTIES 3. Legal description of point of diversion:

A: Water will be diverted from the South Platte River through the Bijou Canal. It is an existing ditch which diverts from the South side of the South Platte River in the NE1/4 NE1/4 of Section 13, T4N, R63W, 6th P.M., Weld County, Colorado.

03CW263 JENSEN FARMS, INC. AND TEAGUE ENTERPRISES, INC., Michael D. Shimmin, Esq. Vranesh and Raisch, POB 871, Boulder, CO 80306 APPLICATION FOR UNDERGROUND WATER RIGHTS, IN WELD COUNTY AND MORGAN COUNTIES. 10. B. Bijou Recharge Credits:


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Legal Description of Points of Diversion: The Bijou application provides that water diverted from the South Platte River will be delivered through the Bijou Canal (the Bijou Canal diverts from the South side of the South Platte River in the NE1/4 NE1/4 of Section 13, T4N, R63W, 6th P.M., Weld County, Colorado) and its laterals to several water storage and ground water recharge ponds, located and described as follows and shown on the maps attached as Exhibit A:

THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED. YOU ARE HEREBY NOTIFIED that any person or party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of November 2003 (forms available at Clerk’s Office), and must be filed as Original with triplicate copies and to include $70.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.

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