2003CW290 ) ALLEN MITCHEK IN LOGAN COUNTY. in the NE1/4 ... · August 2003 resume.doc Page 1 DISTRICT COURT, WATER DIVISION 1, COLORADO AUGUST 2003 WATER RESUME TO: ALL PERSONS INTERESTED

August 2003 resume.doc Page 1

DISTRICT COURT, WATER DIVISION 1, COLORADO AUGUST 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 August, 2003 for each County affected. 2003CW290 (93CW65) ALLEN MITCHEK, PO Box 512, Sterling, CO 80751. Application for Finding of Diligence, IN LOGAN COUNTY. Mitchek Well, located in the NE1/4 SE1/4, S12, T9N, R52W, 6th PM, 1653 feet from South section line and 516 feet from East section line. Source: Groundwater Appropriation: 12/31/1950 Amount claimed: 140 gpm/200 AF Use: feedlot and fire protection. Efforts toward completion: A plan for augmentation is being prepared and a recharge plan with North Sterling Irrigation Dist. is now pending in this court. 2003CW291 LARRY AND GAYLE NEEVEL, 26631 Vosler St., PO Box 516, Conifer, CO 80433. Application for Underground Water Right, IN JEFFERSON COUNTY. Larry Neevel Well #21528, located in the NW1/4 SE1/4, S11, T6S, R71W, 6th PM, 2550 feet from South section line and 1800 feet from East section line. Source: Groundwater. Depth: 285” Appropriation: July 31, 1964. Amount claimed: 1gpm. Irrigation of 2000 sq. ft. of lawns and gardens. 2003CW292 FARHAD (FRED) SARRAFIAN, 7260 S. Frog Hollow Lane, Evergreen, CO 80439. Application for Underground Water Right, IN JEFFERSON COUNTY. Permit #231118, located in the NE1/4 SE1/4 S28, T5S, R71W, 6th PM, 2300 feet from south section line and 200 feet from east section line. Source: granite. Depth: 455’ and 706”. Appropriation: 01/02/01. Amount claimed: 8.1 gpm. Household use only. 2003CW293 Kenton C. Amen; Donella Amen; Walter D. Amen, Life Estate; Mathew T. Lewis; Wendy S. Lewis; 26966 CR 63, Iliff, Colorado. (970) 522-8211 c/o Kim R. Lawrence, Lind, Lawrence & Ottenhoff, LLP, 1011 11th Avenue, Greeley, CO, 80631, (970)356-9160. Application for Water Right in LOGAN COUNTY. 2. Name of Structure: Amen Recharge Pond m 1. 2.A. Legal Description of Point of Diversion: In the SW¼ SW¼, Section 8, Township 10 North, Range 50 West of the 6th P.M., Logan County, Colorado, at a point 503 feet North and 676 feet East of the southwest corner of Section 8. 2.B. Legal Description of Pond: In the SE¼ NW¼, Section 17, Township 10 North, Range 50 West of the 6th P.M., Logan County, Colorado, at a point 1547 feet South and 1711 feet East of the northwest corner of Section 17. 2.C. Source: Skinner Draw a tributary of the South Platte River. 2.D. Date of Appropriation: February 25, 2003. 2.E. How Appropriation Was Initiated: Intent to file application. 2.F. Amount Claimed: 6.0 c.f.s., conditional. 2.G. Capacity of Pond: 5.0 a.f. ; Active Capacity: 5.0 a.f.; Dead Storage: 0 a.f. 2.H. Surface Area: 1.0 acre. Height of Dam: 0 feet. Length of Dam: 0 feet. 2.I. Use: Recreation, wildlife, wildlife recovery, augmentation and replacement of depletions from Applicant’s well, Permit m 5150-F and other wells with whom applicant contracts for use of the water. 3. Name of Structure: Amen Recharge


Pond m 2. 3.A. Legal Description of Point of Diversion: In the NW¼ SE¼, Section 17, Township 10 North, Range 50 West of the 6th P.M., Logan County, Colorado, at a point 1676 feet North and 2006 feet West of the southeast corner of Section 17. 3.B. Legal Description of Pond: In the SW¼ SE¼, Section 17, Township 10 North, Range 50 West of the 6th P.M., Logan County, Colorado, at a point 1072 feet North and 2005 feet West of the southeast corner of Section 17. 3.C. Source: Skinner Draw a tributary of the South Platte River. 3.D. Date of Appropriation: February 25, 2003. 3.E. How Appropriation Was Initiated: Intent to file application. 2.F. Amount Claimed: 6.0 c.f.s., conditional. 3.G. Capacity of Pond: 20.0 a.f. ; Active Capacity: 20.0 a.f.; Dead Storage: 0 a.f. 3.H. Surface Area: 4.0 acres. Height of Dam: 0 feet. Length of Dam: 0 feet. 2.I. Use: Recreation, wildlife, wildlife recovery, augmentation and replacement of depletions from Applicant’s well, Permit m 5150-F and other wells with whom applicant contracts for use of the water. 4. Description of Use of Water: Water will be diverted at the points of diversion, above, and delivered to Ponds m 1 and m 2 to be recharged in the underground aquifer and used for wildlife, wildlife recovery and recreation. These sites may be modified and other sites added. 5. Names and Addresses of Owners of Land on Which Structures are Located: Applicants. 2003CW294 – JOHN AND KAREN DOBEL, 197 Hy Vu Drive, Evergreen, Colorado 80439. Application for Underground Water Right. IN CLEAR CREEK COUNTY. Dobel Well permit #212166, located in the SE ¼ NW ¼ S11 T4S R72W, of the 6th P.M., 1840 feet from North section line and 2490 feet from the West section line. Source: Groundwater. Depth: 577’ Appropriation: March 30, 1999. Amount claimed: 3 gpm. In house use only. No irrigation, no livestock. (2 pages + 1 attachment). 2003CW295 (95CW239)- CENTENNIAL WATER AND SANITATION DISTRICT, 62 West Plaza Drive, Highlands Ranch, Colorado 80129, c/o Veronica A. Sperling and Richard J. Mehren, Moses, Wittemyer, Harrison and Woodruff, P.C., P.O. Box 1440, Boulder, Colorado 80306. Application for Finding of Diligence, IN DOUGLAS COUNTY. 2. Name of structure: South Platte Reservoir, formerly known as South Platte Lake. 3. Describe conditional water right (as to each structure) giving the following from the Referee’s Ruling and Judgment and Decree: A. Date of Original Decree, Case No. and Court: August 8, 1997, Case No. 95CW239, District Court, Water Division No. 1. B. Legal Description: (1) Location of dam and reservoir: Approximately 221.3 acres located in portions of the W1/2 and of the SE1/4 of Section 31, Township 5 South, Range 68 West, of the 6th P.M., Arapahoe County, Colorado, and in the E1/2 of the SE1/4 and the SE1/4 of the NE1/4 of Section 36, Township 5 South, Range 69 West of the 6th P.M., Jefferson County, Colorado. (2) Legal description of each point of diversion to storage: (a) 7-11 Gulch and Other Inflows to South Platte Reservoir: See paragraph 3.B.(1) above. (b) Chatfield Reservoir Outlet Manifold to Last Chance Ditch No. 2 (hereinafter “Last Chance Ditch”) and Nevada Ditch: The Chatfield Reservoir Outlet Manifold intersects the centerline of the Chatfield Dam at a point whence the southwest corner of Section 1, Township 6 South, Range 69 West of the 6th P.M., Jefferson County,


Colorado, bears North 49Ε West a distance of 4070 feet. C. Source: 7-11 Gulch and all other inflows to South Platte Reservoir, all tributary to the South Platte River; and South Platte River (via Chatfield Reservoir Outlet Manifold to Last Chance Ditch and Nevada Ditch). D. Appropriation Date: November 28, 1995. Amount: 7750 acre-feet per year initial fill, with the right to one refill in the amount of 7750 acre-feet per year; conditional. The rate of filling from 7-11 Gulch and other inflows to South Platte Reservoir is the entire available inflow, conditional. The rate of filling from the South Platte River via Chatfield Reservoir Outlet Manifold to Last Chance Ditch and Nevada Ditch is 57 cfs, conditional. E. Uses: Municipal, domestic, industrial, commercial, irrigation, stockwatering, recreational and fish and wildlife propagation and maintenance, including exchange purposes, replacement of depletions resulting from use of water from other sources, augmentation purposes, and artificial recharge of Denver basin aquifers. F. Depth (if well): Not applicable. 4. Outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: A. Development of Water Storage Facilities: During the diligence period, Centennial purchased the land on which South Platte Reservoir will be located, entered into a lease agreement with Kiewit Western Company for excavation of the South Platte Reservoir site, created the design of the Reservoir and received approval of the design from the State Engineer’s office, reached agreement with the City of Littleton regarding annexation of the site into Littleton and the granting of easements for a pipeline to McLellan Reservoir and an outfall on 7-11 Gulch, conducted various reservoir site cleanup activities, constructed two segments of the Reservoir’s slope liner, worked with Kiewit Western Company to amend the mining permit from the Department of Minerals and Geology to allow reclamation of the South Platte Reservoir site as a water storage facility and conducted water quality sampling on 7-11 Gulch, all at a cost in excess of $10,456,000. B. Development of Diversion Facilities: During the diligence period, Centennial constructed a 60 cfs pump station (“South Platte Reservoir Pump Station”) on the southeast corner of the South Platte Reservoir site to be used for delivery of water into and out of South Platte Reservoir, constructed diversion facilities on the Last Chance Ditch and on the Nevada Ditch that will allow future deliveries from those ditches to South Platte Reservoir, participated in discussions and actions resulting in a revision to the Nevada Ditch Company bylaws which facilitates Centennial’s use of the Nevada Ditch for delivery of water to South Platte Reservoir, participated in discussions, which are still ongoing, concerning revision to the Last Chance Ditch No. 2 Company bylaws that would facilitate Centennial’s use of the Last Chance Ditch for delivery of water to South Platte Reservoir, and entered into an agreement with the City of Englewood that allows Centennial to utilize the City Ditch and Englewood’s rights in the Nevada Ditch for delivery of water to South Platte Reservoir, all at a cost in excess of $5,366,000. C. Development of Facilities to Deliver Water From South Platte Reservoir to Centennial’s Water Treatment and Distribution System: During the diligence period, Centennial constructed a 48" diameter pipeline from the South Platte Reservoir Pump Station to McLellan Reservoir, including an emergency


discharge outfall facility, to allow deliveries of water from South Platte Reservoir either directly to Centennial’s water treatment and distribution system or to McLellan Reservoir for subsequent delivery to Centennial’s water treatment and distribution system, at an approximate cost of $3,449,000. D. System-Wide Developments: The subject conditional water right for South Platte Reservoir is part of a unified water supply system that is being constructed to supply water to Highlands Ranch, for municipal and other purposes. During the diligence period, Centennial engaged in the following efforts to develop its municipal water and wastewater systems, at the approximate costs indicated: Denver Basin Wells, 1997-2003, $9,568,000; Wastewater Treatment Plant, 1998-2001, $1,600,000; Water Treatment Plant, 1998-2001, $6,715,000; Water and Wastewater Pipelines, 1997-2003, $14,054,000; Treated Water Pump Stations, 1997-2003, $1,332,000; Pump Station at McLellan Reservoir, 1997-2001, $4,773,000; Treated Water Storage, 1997-2003, $1,496,000; TOTAL: $39,538,000. E. Water Rights Protection: In addition, during the diligence period, Centennial has spent in excess of $900,000 obtaining decrees for water rights that are part of its unified water supply system and for participating as an objector in various Water Court cases to protect its water rights, including the subject conditional water right, from injury due to claims of other water users. 5. If claim to make absolute: Not applicable. 6. Names and addresses of owners 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: Applicant is the owner of the land on which South Platte Reservoir will be located and upon which water will be stored. Water will be placed to beneficial use within Centennial’s service area including, but not limited to, Highlands Ranch and other locations in the South Platte River basin. It is not practical to identify the names and addresses of the owners of all such property. WHEREFORE, Centennial requests the Court to enter a decree finding that Centennial has proceeded with reasonable diligence toward the completion of the appropriation of the subject conditional water right and continuing the subject conditional water right in full force and effect for an additional diligence period. 03CW296 Robert T. and Mardelle L. Ewing, 16512 WCR 46, LaSalle, CO 80645. Application for Change of Water Right, IN WELD COUNTY. Ewing Well Permit #15314, located in S31, T5N, R65W, 1680’ west and 1560’ north of the SE corner, Lots 3, 4 and 5, Block 7 of McCutcheons: 322 3rd Ave. Source: Groundwater. Appropriation: 6/30/1947 Amount claimed: 350 gpm Use: Lawn and garden. Proposed change: requesting lawn and garden use without augmentation water, maximum flow 50 gpm. (2 pages) 03CW297 (96CW214) Kim P. Knake, 136 South Main Street, Longmont, Colorado 80501 (303-651-3360). Jeffrey J. Kahn, Esq., Bernard, Lyons, Gaddis & Kahn, P.C., P.O. Box 978, Longmont, CO 80502-0978 (303-776-9900). APPLICATION TO AMEND RULING OF THE REFEREE AND DECREE OF THE WATER COURT APPROVING CHANGE OF WATER RIGHT IN BOULDER COUNTY. 2. Structure: The Dickens Private Ditch. 3. Decree to be amended: a) Date entered: May 14, 1998, Case No. 96CW214, District Court, Water Division No. 1. A copy of the decree is attached hereto as EXHIBIT A. b) Decreed point of diversion: NE¼, NE¼ of Section 9, Township 2 North, Range 69 West of the 6th P.M., Boulder County, Colorado. c) Source: St. Vrain River. d) Appropriation date: April 15, 1862. e) Amount: 15.47 cfs (total amount of water decreed to the Dickens Private Ditch). f) Historical use: The historical


use of the one cfs of the Dickens Private Ditch changed in Case No. 96CW214 was described in the decree as irrigation of “approximately 12 acres in the SW¼ of the NE¼ of Section 10, Township 2 North, Range 69 West of the 6th P.M., Boulder County, Colorado.” The decree in 96CW214 changed the point of diversion but did not change the place of use. 4. Requested Amendment: The Applicant has become aware that the identification of the place of use of the water right changed was in error. The correct location of the 12 acres irrigated is in the NW¼ of the NE¼, of Section 10, Township 2 North, Range 69 West of the 6th P.M. The Applicant is filing this application solely to correct this error in the legal description of the place of use of the water. No other changes in the decree entered in Case No. 96CW214 are sought. 5. Comments: The City of Longmont is a contract purchaser of 0.5 cfs of 1.0 cfs subject of the change of water right decree entered in Case No. 96CW214 and sought to be corrected and amended herein. The City of Longmont has reviewed this application and does not object to the granting of the relief requested herein. WHEREFORE, the Applicant requests the Court to enter an order amending the decree in Case No. 96CW214 in order to correct the legal description of the place of use of the one cfs of the Dickens Private Ditch water right as described above. 2003CW298 JAMES G. MASON, PEGGY J. MASON (D/B/A MASON'S MOBILE HOME PARK), 11940 West Security Avenue, Golden, Colorado 80401, 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 RIGHT, APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT. IN JEFFERSON AND PARK COUNTIES. APPLICATION FOR UNDERGROUND WATER RIGHT: 1. Name of Well and Permit, Registration or Denial Number: Mason's Mobile Home Park Well No. 1 (Permit No. 249228, formerly Permit No. 13996-F). 2. Legal Description of the Well: Mason's Mobile Home Park Well No. 1 is located in the NW 1/4 SW 1/4 of Section 26, Township 7 South, Range 71 West, 6th P.M., Jefferson County, Colorado, at a point approximately 1,600 feet North of the South Section line and 400 feet East of the West Section line of said Section 26. 3.A. Source of Water: Ground water which is tributary to the North Fork of the South Platte River. 3.B. Depth of Well: 700 feet. 4.A. Date of Appropriation: January 16, 1963. 4.B. How Appropriation was Initiated: Construction of the well. 4.C. Date Water Applied to Beneficial Use: February 15, 1963. 5. Amount Claimed: 6.7 gallons per minute, Absolute, and 8.6 gallons per minute, Conditional. 6. Uses: Commercial, domestic and fire protection purposes. 7. Names and Address of Owners of Land on which the Wells will be Located: James G. Mason and Peggy J. Mason, as described above. 8. Remarks: The existing Permit for the Mason's Mobile Home Park Well No. 1 was issued pursuant to 37-92-602, 10 C.R.S. Upon approval of the plan for augmentation being requested, a new well permit application for the well will be submitted to the State Engineer, along with a request that Permit No. 249228 be cancelled. APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT: 1. Names of Structures to be Augmented: a. Mason's Mobile Home Park Well No. 1. b. Up to two additional wells may be constructed pursuant to this augmentation plan. Such wells will be located on property owned by the Masons in the NW 1/4 SW 1/4 of Section 26, Township 7 South, Range 71 West, 6th P.M., pursuant to well permits obtained from the Colorado Division of Water Resources. Water which is tributary to the North Fork of the South Platte River will be diverted through the wells at rates up to approximately 15 gallons per minute. If constructed, the wells will be administered in accordance with this plan for augmentation. 2. Water Rights to be Used


for Augmentation Purposes. a. The Masons have entered into a contract with North Fork Associates, LLC to purchase 9.5 shares of the capital stock of the Mountain Mutual Reservoir Company, ("MMRC"). The 9.5 shares represent the right to receive 0.298 of an acre foot of augmentation water per year from the water rights and storage facilities MMRC holds for the benefit of its shareholders. b. MMRC owns water rights decreed to the Parmalee Ditch No. 1, the Carruthers Ditch No. 2 and the Nickerson Ditch No. 2 ("Parmalee/Carruthers water rights"), portions of which will be used to replace the out-of-priority depletions associated with water usage at the Mason's Mobile Home Park. The Parmalee/Carruthers water rights have a priority date of May 1, 1867 and were decreed in the original adjudication for former Water District No. 23 by the Park County District Court on May 22, 1913 in Civil Action No. 1678. Historically, the Parmalee/Carruthers water rights were diverted from Deer Creek at the headgate of the Nickerson Ditch No. 2 in the NW 1/4 SE 1/4 of Section 9, Township 7 South, Range 72 West, 6th P.M., Park County, Colorado. Such diversions no longer occur. The terms and conditions under which the Parmalee/Carruthers water rights are used for augmentation, replacement and storage purposes are described in the Decree entered by the District Court for Water Division 1 in Case No. 2000CW174, dated October 11, 2002. A copy of the Decree in Case No. 2000CW174 is attached as Exhibit "A." c. Consumable water stored in Maddox Reservoir and/or the Lower Sacramento Creek Reservoir No. 1 will be released to the stream system when the Parmalee/Carruthers water rights are out-of-priority. The Lower Sacramento Creek Reservoir No. 1 is located in the NE 1/4 NW 1/4 of Section 32 and the SE 1/4 of Section 29, Township 9 South, Range 77 West, 6th P.M., Park County. It was originally decreed in Case No. W-7741-74 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 or its tributaries. Maddox Reservoir is located in the NE 1/4 SW 1/4 of Section 22, Township 7 South, Range 73 West, 6th P.M., Park County. 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. The Masons own and operate a mobile home park near Pine, Colorado, ("Mason's Mobile Home Park"). The facility is located on an approximately 1.5 acre parcel of property in the NW 1/4 SW 1/4 of Section 26, Township 7 South, Range 71 West, 6th P.M., Jefferson County, Colorado. There are thirteen mobile home sites. The water supply is currently obtained from the Mason's Mobile Home Park Well No. 1. b. Wastewater from all in-building uses of water is treated utilizing non-evaporative septic systems with soil absorption leach fields. Return flows are to the North Fork of the South Platte River. c. Based on engineering studies of mobile home park communities and an analysis of the Mason's Mobile Home Park, it is assumed that the maximum average occupancy for each mobile home will be 2.5 persons and that the per capita daily water usage will not exceed 80 gallons. There will be no outside usage of water. The total volume of water required for the mobile home park is projected to be approximately 2.92 acre feet per year. d. Depletions associated with water which is used inside the mobile homes is based on a ten percent (10%) consumption factor. Maximum stream depletions, including any applicable stream transportation charges, are not anticipated to exceed 0.298 of an acre foot per year. 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. Replacement water will be provided to the stream system during the period April 23 through October 31, inclusive, by leaving Parmalee/Carruthers water rights in the stream. During times when the Parmalee/Carruthers water rights are not in priority and during the non irrigation season, depletions will be augmented by releasing water from Maddox Reservoir or the Lower Sacramento Creek Reservoir No. 1. Transportation charges from the point where water is released from MMRC's facilities to the stream system, to the point of depletion from the subject well(s), will be computed on the basis of 0.13 percent per mile. g. Since the point of depletion associated with water use from the wells described herein is on the North Fork of the South Platte River above its confluence with the main stem, the Masons assert 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 the North Fork of the South Platte River and the South Platte River in the SW 1/4 SE 1/4 of Section 25, Township 7 South, Range 70 West, 6th P.M.; and thence up the North Fork of the South Platte River to the point of depletion from the subject well(s) in the SW 1/4 SW 1/4 of Section 26, Township 7 South, Range 71 West, 6th P.M. The exchange will operate to replace depletions to the flow of water in the North Fork of the South Platte River as the depletions occur. The exchange will be administered with a priority date of August 28, 2003, at a maximum flow rate of 0.001 of a cubic foot per second. 4. Names and Addresses of Owners of Land on which Structures are or will be Located: a. Lower Sacramento Creek Reservoir No. 1: Lower Sacramento Creek Reservoir Company, 2525 South Wadsworth Blvd., Suite 306, Denver, Colorado 80227. b. Maddox Reservoir: Susan Hickel, P. O. Box 135, Shawnee, Colorado 80475; and North Fork Associates, LLC, as above described. c. Structures described in Paragraph No. 1: James G. Mason and Peggy J. Mason, as above described. WHEREFORE, the Masons request 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. The Masons also request 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. The Masons further request the entry of an Order directing the State Engineer to issue permits for the construction and use of the subject wells. (7 pages and an 11 page exhibit). 2003CW299 ROBERT F. DELL and SUSAN D. DELL, 25450 Village Circle, Golden, Colorado 80401, 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: Dell Well No. 1 (Permit No. 228652), Dell Well No. 2, Dell Well No. 3 and Dell Well No. 4. 2. Legal Description of the Wells: Dell Well No. 1 is located in the SE 1/4 NW 1/4 of Section 21, Township 5 South, Range 71 West, 6th P.M., Jefferson County, Colorado, at a point approximately 1,800 feet South of the North Section line and 2,200 feet East of the West Section line of said Section 21. It


can also be described as being located on Lot 2 of the Hans Ponds Subdivision. Pursuant to Policy Memo No. 99-1 of the State Engineer, Robert F. Dell and Susan D. Dell ("Dells"), request conditional underground water rights for the Dell Well Nos. 2, 3 and 4. The exact locations of the wells will not be known until the location of each residence to be served is finally determined. However, the wells can generally be described as being within the SE 1/4 NW 1/4 of Section 21, Township 5 South, Range 71 West, 6th P.M., Jefferson County, Colorado. 3.A. Source of Water: Ground water which is tributary to Cub Creek, Bear Creek and the South Platte River. 3.B. Depth of Dell Well No. 1: 80 feet, approximate. Depth of Dell Well Nos. 2, 3 and 4: 700 feet, approximate. 4.A. Dates of Appropriation: Dell Well No. 1: June 15, 1948. Dell Well Nos. 2, 3 and 4: August 28, 2003. 4.B. How Appropriation was Initiated: Construction of well and the filing of this Application. 4.C. Dates Water Applied to Beneficial Use: Dell Well No. 1: June 30, 1948. Dell Well Nos. 2, 3 and 4: N/A. 5. Amount Claimed: Dell Well No. 1: 6.0 gallons per minute, Absolute. Dell Well Nos. 2, 3 and 4: 15 gallons per minute, Conditional. 6. Uses: Ordinary household purposes inside a single family dwelling, 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: Robert F. Dell and Susan D. Dell, as described above. 8. Remarks: The Permit for the Dell Well No. 1 was originally issued pursuant to 37-92-602, 10 C.R.S. Upon approval of the plan for augmentation being requested, a new well permit application for the well will be submitted to the State Engineer, along with a request that Permit No. 228652 be cancelled. APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT: 1. Names of Structures to be Augmented: The wells described above. 2. Water Rights to be Used for Augmentation Purposes. a. The Dells have entered into a contract with North Fork Associates, LLC to purchase 6.9 shares of the capital stock of the Mountain Mutual Reservoir Company, ("MMRC"). The 6.9 shares represent the right to receive 0.216 of an acre foot of augmentation water per year from the water rights and storage facilities MMRC holds for the benefit of its shareholders, as more particularly described below. b. The water rights which MMRC owns for the benefit of its shareholders (hereinafter referred to as the "Bear Creek/Turkey Creek water rights"), are summarized as follows: i. Harriman Ditch. 7.71 shares of the 400 shares of capital stock (1.93%), issued and outstanding in the Harriman Ditch Company. Said Company owns direct flow water rights decreed to the Harriman Ditch. Pursuant to the Decree entered in Civil Action No. 6832, on February 4, 1884, the Ditch was awarded the following direct flow priorities:

Appropriation 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 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. The Dells propose to subdivide a tract of land consisting of approximately 20.4 acres into four residential lots. The property is located in the SE 1/4 NW 1/4 of Section 21, Township 5 South, Range 71 West, 6th P.M., Jefferson County, Colorado. The water supply for the lots will be obtained from the Dell Well Nos. 1, 2, 3 and 4. 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 Cub Creek and Bear 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 four 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 four lots is projected to be approximately 1.36 acre feet per year. d. Depletions associated with water which is used inside the single family residences 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. Maximum stream depletions are not anticipated to exceed 0.216 of an acre foot per year. e. The required volume of augmentation water will be provided from the sources described in Paragraph No. 2, above. Due to the small volume of annual stream depletions projected to occur under this plan, instantaneous stream depletions may be aggregated and replaced by one or more releases from storage of short duration. f. Whenever possible, depletions to the stream system which occur during the period April through October, inclusive, will be continuously augmented by MMRC forgoing the diversion of a portion of its Warrior Ditch and/or Harriman Ditch direct flow water rights. During times when MMRC's direct flow water rights are not in priority and during the months of November through March, inclusive, depletions will primarily be augmented by periodically releasing water from the Soda Lakes Reservoirs. g. Since the point of depletion associated with water use from the Dell Well Nos. 1, 2, 3 and 4 is on a side tributary of Bear Creek and upstream of the Harriman Ditch headgate, the Dells assert 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 Bear Creek to its confluence with Cub Creek in the SW 1/4 NE 1/4 of Section 10, Township 5 South, Range 71 West, 6th P.M.; thence up Cub Creek to its confluence with an unnamed tributary of Cub Creek in the SW 1/4 NE 1/4 of Section 21, Township 5 South, Range 71 West, 6th P.M.; and thence up the unnamed tributary to the point where depletions from the wells impact the unnamed tributary in the NW 1/4 of Section 21, Township 5 South, Range 71 West, 6th P.M. The exchange will operate to replace depletions to the flow of water in Cub Creek, Bear Creek and the South Platte River as the depletions occur. The exchange will be administered with a priority date of August 28, 2003, at a maximum flow rate of 0.001 of a cubic foot per second. h. The Dells believe and assert that the depletions associated with the three new proposed wells,


combined with depletions associated with other augmentation plans filed subsequent to 1994, will result in less than a one percent depletive effect on the instream flow water rights held by the Colorado Water Conservation Board on Cub Creek and Bear Creek that were decreed in Case Nos. 94CW251, 94CW259 and 94CW260. 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: Robert F. Dell and Susan D. Dell, as above described. WHEREFORE, the Dells request 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. The Dells also request 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. The Dells further request the entry of an Order directing the State Engineer to issue permits for the construction and use of the subject wells. (8 pages). 2003CW300 LARRY D. MIZNER, P. O. Box 526, Pine, Colorado 80470, 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 AND PARK COUNTIES. APPLICATION FOR UNDERGROUND WATER RIGHTS: 1. Names of Wells and Permit, Registration or Denial Numbers: Mizner Well No. 1 (Permit No. 220947), Mizner Well No. 2, Mizner Well No. 3 and Mizner Well No. 4. 2. Legal Description of the Wells: Mizner Well No. 1 is located in the NE 1/4 NW 1/4 of Section 27, Township 7 South, Range 71 West, 6th P.M., Jefferson County, Colorado, at a point approximately 800 feet South of the North Section line and 1,400 feet East of the West Section line of said Section 27. Pursuant to Policy Memo No. 99-1 of the State Engineer, Larry D. Mizner ("Mizner"), requests conditional underground water rights for the Mizner Well Nos. 2, 3 and 4. The exact locations of the wells will not be known until the subdivision of the Mizner property is approved by Jefferson County. However, the wells can generally be described as being within the NE 1/4 NW 1/4 of Section 27, Township 7 South Range 71 West, 6th P.M., Jefferson County, Colorado. 3.A. Source of Water: Ground water which is tributary to Elk Creek and the North Fork of the South Platte River. 3.B. Depth of Mizner Well No. 1: 10 feet, approximate. Depth of Mizner Well Nos. 2, 3 and 4: 700 feet, approximate. 4.A. Dates of Appropriation: Mizner Well No. 1: July 1, 1945. Mizner Well Nos. 2, 3 and 4: August 28, 2003. 4.B. How Appropriation was Initiated: Construction of well and the filing of this Application. 4.C. Date Water Applied to Beneficial Use: Mizner Well No. 1: July 1, 1945. Mizner Well Nos. 2, 3 and 4: N/A. 5. Amount Claimed: Mizner Well No. 1: 15 gallons per minute, Absolute. Mizner Well Nos. 2, 3 and 4: 15 gallons per minute, Conditional. 6. Uses: Ordinary


household purposes inside a single family dwelling, the watering of domestic animals, the irrigation of lawns and gardens and fire protection purposes. 7. Names and Address of Owners of Land on which the Wells are or will be Located: Larry D. Mizner, as described above. 8. Remarks: The Permit for the Mizner Well No. 1 was issued pursuant to 37-92-602, 10 C.R.S. Upon approval of the plan for augmentation being requested, a new well permit application for the well will be submitted to the State Engineer, along with a request that Permit No. 220947 be cancelled. 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. Mizner has entered into a contract with North Fork Associates, LLC to purchase 8.5 shares of the capital stock of the Mountain Mutual Reservoir Company, ("MMRC"). The 8.5 shares represent the right to receive 0.267 of an acre foot of augmentation water per year from the water rights and storage facilities MMRC holds for the benefit of its shareholders. b. MMRC owns water rights decreed to the Parmalee Ditch No. 1, the Carruthers Ditch No. 2 and the Nickerson Ditch No. 2 ("Parmalee/Carruthers water rights"), portions of which will be used to replace the out-of-priority depletions from the Mizner Wells. The Parmalee/Carruthers water rights have a priority date of May 1, 1867 and were decreed in the original adjudication for former Water District No. 23 by the Park County District Court on May 22, 1913 in Civil Action No. 1678. Historically, the Parmalee/Carruthers water rights were diverted from Deer Creek at the headgate of the Nickerson Ditch No. 2 in the NW 1/4 SE 1/4 of Section 9, Township 7 South, Range 72 West, 6th P.M., Park County, Colorado. Such diversions no longer occur. The terms and conditions under which the Parmalee/Carruthers water rights are used for augmentation, replacement and storage purposes are described in the Decree entered by the District Court for Water Division 1 in Case No. 2000CW174, dated October 11, 2002. A copy of the Decree in Case No. 2000CW174 is attached as Exhibit "A." c. Consumable water stored in Maddox Reservoir and/or the Lower Sacramento Creek Reservoir No. 1 will be released to the stream system when the Parmalee/Carruthers water rights are out-of-priority. The Lower Sacramento Creek Reservoir No. 1 is located in the NE 1/4 NW 1/4 of Section 32 and the SE 1/4 of Section 29, Township 9 South, Range 77 West, 6th P.M., Park County. It was originally decreed in Case No. W-7741-74 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 or its tributaries. Maddox Reservoir is located in the NE 1/4 SW 1/4 of Section 22, Township 7 South, Range 73 West, 6th P.M., Park County. 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. Mizner proposes to subdivide a tract of land consisting of approximately 40 acres into four residential lots. The property is located in the NE 1/4 NW 1/4, Section 27, Township 7 South, Range 71 West, 6th P.M., Jefferson County, Colorado. The water supply for the lots will be obtained from the Mizner Well Nos. 1, 2, 3 and 4. 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 an unnamed tributary of Elk 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. The augmentation plan will also cover the irrigation of 500 square


feet of lawn grass, or equivalent gardens, per lot and the watering of eight 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 four lots is projected to be approximately 1.41 acre feet per year. d. Depletions associated with water which is used inside the single family residences 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. Maximum stream depletions, including any applicable stream transportation charges, are not anticipated to exceed 0.267 of an acre foot per year. 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. Replacement water will be provided to the stream system during the period April 23 through October 31, inclusive, by leaving Parmalee/Carruthers water rights in the stream. During times when the Parmalee/Carruthers water rights are not in priority and during the non irrigation season, depletions will be augmented by releasing water from Maddox Reservoir or the Lower Sacramento Creek Reservoir No. 1. Transportation charges from the point where water is released from MMRC's facilities to the stream system, to the point of depletion from the subject wells, will be computed on the basis of 0.13 percent per mile. g. Since the point of depletion associated with water use from the Mizner Well Nos. 1, 2, 3 and 4 is on a side tributary of the North Fork of the South Platte River, Mizner 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 the North Fork of the South Platte River and the South Platte River in the SW 1/4 SE 1/4 of Section 25, Township 7 South, Range 70 West, 6th P.M.; thence up the North Fork of the South Platte River to the confluence of Elk Creek and the North Fork of the South Platte River in the NE 1/4 SE 1/4 of Section 27, Township 7 South, Range 71 West, 6th P.M.; thence up Elk Creek to the confluence of Elk Creek and an unnamed tributary of Elk Creek in the SW 1/4 NE 1/4 of Section 27, Township 7 South, Range 71 West, 6th P.M.; and thence up the unnamed tributary to the point of depletion from the subject wells in the SE 1/4 NW 1/4 of Section 27, Township 7 South, Range 71 West, 6th P.M. The exchange will operate to replace depletions to the flow of water in the unnamed tributary of Elk Creek, Elk Creek and the North Fork of the South Platte River as the depletions occur. The exchange will be administered with a priority date of August 28, 2003, at a maximum flow rate of 0.001 of a cubic foot per second. h. Mizner believes and asserts that the depletions associated with the proposed development, combined with depletions associated with other augmentation plans filed subsequent to 1984, will result in less than a one percent depletive effect on the 5 cfs instream flow water right held by the Colorado Water Conservation Board on Elk Creek that was decreed in Case No. 84CW646. 4. Names and Addresses of Owners of Land on which Structures are or will be Located: a. Lower Sacramento Creek Reservoir No. 1: Lower Sacramento Creek Reservoir Company, 2525 South Wadsworth Blvd., Suite 306, Denver, Colorado 80227. b. Maddox Reservoir: Susan Hickel, P. O. Box 135, Shawnee, Colorado 80475; and North Fork Associates, LLC, as above described. c.


Structures described in Paragraph No. 1: Larry D. Mizner, as above described. WHEREFORE, Mizner 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. Mizner 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. Mizner further requests the entry of an Order directing the State Engineer to issue permits for the construction and use of the subject wells. (7 pages and an 11 page exhibit). 03CW301 COLORADO DISTRICT OF THE CHURCH OF THE NAZARENE, NORTH FORK ASSOCIATES and MOUNTAIN MUTUAL RESERVOIR COMPANY, INC., Colorado District of the Church of the Nazarene, Attn: Doug Pearson, 380 County Road 512, Divide, CO 80814; North Fork Associates and Mountain Mutual Reservoir Company, Inc. (“MMRC”), c/o William Blatchley, 2525 South Wadsworth Blvd. # 306, Denver, CO 80227 (Henry D. Worley, MacDougall, Woldridge & Worley, P.C., Attorneys for Applicants, 530 Communication Circle, Suite 204, Colorado Springs, CO 80905-1743) Application for Water Storage Right, for Absolute and Conditional Underground Water Rights, for Conditional Appropriative Right of Exchange and for Approval of Plan for Augmentation, IN TELLER, DOUGLAS, PARK AND JEFFERSON COUNTIES. The Colorado District of the Church of the Nazarene (“Nazarene Church”) is the owner of approximately 320 acres of land located primarily in the E1/2 of Section 34, T. 12 S., R. 70 W., as depicted on Exhibit A attached hereto. The Nazarene Church owns and operates the Golden Bell Camp and Conference Center on the land. This application is intended to adjudicate certain absolute and conditional water rights associated with the Center, and to provide for augmentation of out-of-priority stream depletions caused by the exercise of those water rights. I. APPLICATION FOR WATER STORAGE RIGHT 1. Name of Reservoir: Golden Bell Pond. A. Location of Dam: NW1/4 SE1/4 Section 34, T. 12 S., R. 70 W., 6th P.M.; centerline of the dam is located 1450 feet from the south line and 1700 feet from the east line of the section; B. Source: unnamed tributary of Twin Creek, tributary to the South Platte River; C. Date of appropriation: April 30, 1975; D. How appropriation was initiated: By construction of dam; E. Date water applied to beneficial use: April 30, 1975; F. Amount claimed: 3.0 acre feet, absolute. All active storage; G. Use: Augmentation, recreation, piscatorial and fire prevention; H. Surface area at high water line: 0.41 acres; I. Maximum height of dam in feet: 9.9 feet; J. Miscellaneous: length of dam in feet: 150 feet; K. Name and address of owners of land on which structure for the water right is located: the Nazarene Church, address indicated above. There is another pond on the property in the SE1/4 SE1/4 of Section 34, which is a registered stock pond. Applicants do not seek a decree for that pond, nor do they propose to augment evaporation from that pond. II. APPLICATION FOR UNDERGROUND WATER RIGHTS


2. Well No. 1, permit no. 110619. A. Source: ground water tributary to Twin Creek and the South Platte River; B. Depth: 600 feet; E. Date of appropriation: December 31, 1968; D. How appropriation was initiated: By construction of well; E. Date water applied to beneficial use: December 31, 1968; F. Amount claimed: 15 gpm, absolute, 10 gpm, conditional; G. Proposed use: commercial, domestic, horse watering and landscape irrigation; H. Location: SW 1/4 NE1/4 Section 34, T. 12 S., R. 70 W., 6th P.M., 1899 feet from the north line and 1695 feet from the east line; I. Name and address of owner of land on which well is located: the Nazarene Church, address noted above; J. Miscellaneous: this exempt commercial well will be re-permitted as a fee well and augmented as described below after entry of a final decree in this case. 3. Well No. 2, permit no. 101038. A. Source: ground water tributary to Twin Creek and the South Platte River; B. Depth: 335 feet; C. Date of appropriation: August 11, 1978; D. How appropriation was initiated: By construction of well; E. Date water applied to beneficial use: August 11, 1978; F. Amount claimed: 0.75 gpm absolute, 14.25 gpm conditional; G. Proposed use: domestic exempt for up to three houses, livestock watering, one acre of irrigation; H. Location: NW1/4 NE1/4 Section 34, T. 12 S., R. 70 W., 6th P.M., 800 feet from the north section line and 2480 feet from the east section line; I. Name and address of owner of land on which well is located: the Nazarene Church, address indicated above; J. Miscellaneous: Applicant seeks to adjudicate this exempt well, but also requests the right to re-permit it as a fee well and augment its uses pursuant to the plan for augmentation sought herein should the need arise. 4. Well No. 3, permit no. 87941-A. A. Source: ground water tributary to Twin Creek and the South Platte River; B. Depth: 170 feet; C. Date of appropriation: July 2, 1979; D. How appropriation was initiated: Construction of well; E. Date water applied to beneficial use: July 2, 1972; F. Amount claimed: 15 gpm; G. Proposed use: commercial uses in camp and conference center; H. Location: SW1/4 NE1/4 Section 34, T. 12 S., R. 70 W., 6th P.M., 1700 from the north line and 2950 feet from the west line of Section 34; I. Name and address of owner of land on which well is located: the Nazarene Church, address indicated above; J. Miscellaneous: this exempt commercial well will be re-permitted as a fee well and augmented as described below after entry of a final decree in this case. 5. Well No. 4, permit no. 121725. A. Source: ground water tributary to Twin Creek and the South Platte River; B. Depth: 225 feet; C. Date of appropriation: August 26, 1981; D. How appropriation was initiated: construction of well; E. Date water applied to beneficial use: August 26, 1981; F. Amount claimed: 1.5 gpm absolute, 13.5 gpm, conditional; G. Proposed use: commercial in-door uses; H. Location: SW1/4 SE1/4 Section 34, T. 12 S., R. 70 W., 6th P.M., 1000 feet from the south line and 1850 feet from the east line of Section 34; I. Name and address of owner of land on which well is located: the Nazarene Church, address indicated above; J. Miscellaneous: Applicant seeks to adjudicate this exempt


commercial well, but also requests the right to re-permit it as a fee well and augment its uses pursuant to the plan for augmentation sought herein should the need arise. 6. Well No. 5, no permit or denial number. A. Source: ground water tributary to Twin Creek and the South Platte River; B. Depth: 200 feet; C. Date of appropriation: June 30, 1968; D. How appropriation was initiated: Construction of well; E. Date water applied to beneficial use: June 30, 1968; F. Amount claimed: 15 gpm absolute; G. Proposed use: commercial including domestic uses, stock water and landscape irrigation; H. Location: NW1/4 NE1/4 Section 34, T. 12 S., R. 70 W., 6th P.M., 700 feet from the north section line and 2350 feet from the east section line of Section 34; I. Name and address of owner of land on which well is located: the Nazarene Church, address indicated above; J. Miscellaneous: this well will be permitted as a fee well and augmented as described below after entry of a final decree in this case. 7. Spring Well No. 6, no permit or denial number. A. Source: ground water alluvial to Twin Creek and the South Platte River; B. Depth: 8 feet; C. Date of appropriation: June 30, 1940; D. How appropriation was initiated: by application of water from improved spring to beneficial use; E. Date water applied to beneficial use: June 30, 1940; F. Amount claimed: 10 gpm, absolute; G. Proposed use: commercial uses at camp and conference center; H. Location: SW1/4 NE1/4 Section 34, T. 12 S., R. 70 W., 6th P.M., 2400 from the north section line and 1950 feet from the east section line of Section 34; I. Name and address of owner of land on which well is located: the Nazarene Church, address indicated above; J. Miscellaneous: this well will be permitted as a fee well and augmented as described below after entry of a final decree in this case. III. APPLICATION FOR CONDITIONAL APPROPRIATIVE RIGHT OF EXCHANGE 8. Appropriative Right of Exchange. A. Amount: 0.01 cfs, conditional; B. Location: from the confluence of the North Fork of the South Platte and the South Platte Rivers in the SW1/4 SE1/4 Section 25, T. 7 S., R. 70 W., 6th P.M., up the South Platte River to its confluence with Twin Creek in the SE1/4 SE1/4 Section 30, T. 12 S., R. 71 W., thence up Twin Creek to its confluence with an unnamed stream in the SE1/4 NE1/4 Section 7, T. 12 S., R. 70 W., thence up the unnamed creek to the generalized location of stream depletions in the SE1/4 SE1/4 Section 34, T. 12 S., R. 70 W., all west of the 6th P.M.; C. Appropriation Date: August 28, 2003; D. How appropriation was made: by filing this application in Water Court, Water Div. 1. IV. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION 9. Name of structures to be augmented: Golden Bell Pond, Well No. 1, Well No. 3, Well No. 5 and Spring Well No. 6; and provisionally Well No. 2 and Well No. 4, and up to four additional tributary wells to be located on the Golden Bell Camp and Conference Center property as depicted on Exhibit A, if necessary to efficiently withdraw the water allowed to be withdrawn pursuant to this plan for augmentation. Such wells will be limited to a approximately 700 feet in depth


and will be subject to all applicable rules and regulations of the State Engineer regarding the construction of wells. 10. Description of water rights to be used for augmentation: A. In order to provide the necessary replacement water to the stream system, the Nazarene Church has entered into a contract with North Fork Associates to purchase 127.3 shares of the capital stock of MMRC, which represents a firm annual yield of 3.997 acre feet of fully consumable water; B. MMRC owns the following water rights for the benefit of its shareholders that will be used to supply the augmentation and replacement requirements of the Nazarene Church’s Golden Bell Camp and Conference Center: (1) Maddox Reservoir. The Maddox Reservoir, under contract with Susan Hickel, is located in the NE1/4 SW1/4 Section 22, T. 7 S., R. 73 W., 6th P.M. in Park County, Colorado. 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, and has a decreed capacity of 39.1 acre feet. It is filled by the Maddox Reservoir Feeder Ditch, which diverts form the North Fork of the South Platte River in the NE1/4 SE1/4 SW1/4 Section 22, T. 7 S., R. 73 W., 6th P.M., and is decreed as an alternate point of diversion for the Slaght Ditch; (2) Lower Sacramento Creek Reservoir No. 1. The Lower Sacramento Creek Reservoir is located in the NE1/4 NW1/4 Section 32 and the SE1/5 SW1/4 Section 29, T. 9 S., R. 77 W., 6th P.M., in Park County, Colorado. North Fork Associates owns 932 shares of a total of 3700 shares in the Company (a 25.2% interest). The reservoir has been constructed and is entitled to store water under the following decrees, Case No. W-7741-74, July 25, 1974 for 40 acre feet, Case No. 84CW250 (use as a recharge facility) and Case No. 85CW465 (use as a 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 water rights in which North Fork Associates has no ownership interest are also stored in Lower Sacramento Creek Reservoir No. 1; (3) Nickerson Ditch No. 2. In accordance with the Decree entered in Civil Action No. 1678 of the Park County District Court, on May 22, 1913, the Nickerson Ditch No. 2 was awarded a direct flow priority of May 1, 1872, for 0.65 of a cubic foot per second for irrigation purposes. The source of water is Deer Creek, a tributary of the North Fork of the South Platte River. The headgate of the Nickerson Ditch No. 2 is located on the north bank of Deer Creek at a point whence the SE corner of Section 4, T. 7 S., R. 72W., 6th P.M., bears N 58 15' E a distance of 2,320 feet, more or less. The decreed location of the headgate of the Nickerson No. 2 Ditch was changed in Case No. W-7434; (4) Parmalee Ditch No. 1. In accordance with the Decree entered in Civil Action No. 1678 of the Park County District Court, on May 22, 1913, the Parmalee Ditch No. 1 was awarded a direct flow priority of May 1, 1867, for 0.52 of a cubic foot per second for irrigation purposes. The source of water is Deer Creek, a tributary of the North Fork of the South Platte River. Pursuant to a decree entered by the District Court for Water Division 1 in Case No. W-7434, on May 5, 1980, the point of diversion for the Parmalee Ditch No. 1 was transferred to the headgate of the


Nickerson Ditch No. 2; (5) Carruthers Ditch No. 2. In accordance with the Decree entered in Civil Action No. 1678 of the Park County District Court, on May 22, 1913, the Carruthers Ditch No. 2 was awarded a direct flow priority of May 1, 1867, for 0.52 of a cubic foot per second for irrigation purposes. The source of water is Deer Creek, a tributary of the North Fork of the South Platte River. Pursuant to a decree entered by the District Court for Water Division 1 in Case No. W-7434, on May 5, 1978, the point of diversion for the 0.28 of a cubic foot per second decreed to the Carruthers Ditch No. 2 was transferred to the headgate of the Nickerson Ditch No. 2; (6) Pursuant to the decree issued in Case No. 2000CW174, dated October 11, 2002, the historic consumptive use associated with the 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 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 C.R.S §§ 37-80-120 and 37-92-308; (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. 11. Statement of plan for augmentation, covering all applicable matters under CRS 37-92-103(9), 302(1)(2) and 305(8). A. Applicant owns and operated Golden Bell Camp and Conference Center a short distance northwest of Divide, Colorado. Water from its wells is used for several purposes: (1) Indoor sanitary, cooking and bathing purposes, including use in an RV camp. Consumption will equal 10% of diversions for such purposes if the Church uses non-evaporative septic systems and leach fields, as is currently the case, or 5% of diversions if a discharging type of centralized wastewater treatment system is used; (2) Turf irrigation. Consumption will equal 80% of the annual demand of 1.25 acre feet per acre; (3) Swimming pool evaporation. Consumption attributable to evaporation from the swimming pool,


which is used year-around but which is covered when it is not in use, is anticipated to equal 1.5 acre feet per acre, or 0.06 annually for the approximately 1800 square foot pool; (4) Horses. Demand by horses is 10 gallons per head per day, all of which is considered to be consumed; (5) Golden Bell Pond. The Golden Bell Pond is located in an area in which there was a significant amount of phreatophytic growth prior to construction of the Pond. Evaporation from the Golden Bell Pond, net of the consumptive use attributable to such phreatophytic growth and net of effective precipitation where phreatophytes did not occur, is calculated to be 1.0 acre foot per acre. The pond’s surface area is approximately 18,000 square feet, with calculated net evaporation losses of 0.41 acre feet annually; (6) Transit losses. Transit losses will equal 0.13% per mile. For direct flow water used between April 23 and October 31, transit losses will be calculated based on the 26 miles of stream channel from the headgate of the Nickerson Ditch to the confluence of the North Fork of the South Platte and the South Platte Rivers. For water in storage used during all other times of the year, transit losses will be calculated based on the 49 miles of stream between Lower Sacramento Creek Reservoir No. 1and the confluence Twin Creek and the South Platte River; B. The Church is purchasing 127.3 shares of stock in Mountain Mutual Reservoir Company, Inc. (MMRC), representing 3.997 acre feet of fully consumable augmentation water decreed in Case No. 2000CW174. Pursuant to the contract, 3.183 acre feet of fully consumable water will be available for use between April 23 and October 31 of each year, and 0.814 available during the remainder of the year. Taking into account transit losses, the Nazarene Church will have 3.079 acre feet available to replace depletions from April 23 through October 31, and 0.764 acre feet available to replace depletions during other times of the year. The Nazarene Church may utilize different combinations of water-using activities, provided that the April 23 through October 31 depletions and the depletions during the remainder of the year do not exceed the amounts set forth herein; C. Between April 23 and October 31 of each year, MMRC shall cause the augmentation water to flow down Deer Creek to the North Fork of the South Platte and thence to the confluence of the North Fork of the South Platte and the South Platte Rivers, in an amount adequate to replace net stream depletions at Golden Bell Camp and Conference Center, taking into account applicable transit losses. From that location, the water will be exchanged up to generalized location of depletions as described above; D. During months in which the augmentation water rights did not historically consume water, MMRC shall release water from Maddox Reservoir or Lower Sacramento Creek Reservoir and allow it to flow down to the confluence of the North Fork of the South Platte and the South Platte Rivers in an amount adequate to replace net stream depletions at Golden Bell Camp and Conference Center, taking into account applicable transit losses; E. The Nazarene Church shall meter all well pumping and take measurements monthly, and will also install and maintain any additional measuring devices reasonably required by the Division Engineer. All accounting forms used in the administration of the plan for augmentation must be acceptable to the Division Engineer. All reports prepared by the Nazarene Church shall be submitted to MMRC and, if requested, to the Division Engineer in


early November of each year. MMRC shall complete such additional forms as are required, and shall “balance” the river by making appropriate releases. Depletions which occur during the summer will be replaced more-or-less simultaneously with their occurrence. Due to the small amount of wintertime depletions, Applicants request that they be required to “balance” the river only once a year; F. In addition to the water decreed for augmentation herein, MMRC owns other water rights on the mainstream of the South Platte which it utilizes via exchange for augmentation purposes on the North Fork of the South Platte. In order to reduce transit losses absorbed by MMRC’s shareholders, Applicants propose that the Division Engineer be granted the authority in the decree to allow the trade of MMRC augmentation water on the South Platte and the North Fork of the South Platte at such times that the Division Engineer is satisfied that doing so will not cause injury to any persons entitled to use a vested or conditionally decreed water right. 03CW302 Wilshire Developments (Wisconsin), L.L.C., a Wisconsin limited liability company, 6040 North 22nd Place, Phoenix, Arizona 85016. [602-957-0966], Robert E. Schween, Esq., 8185 S. Winnepeg Circle, Aurora, CO 80016. Application for Nontributary and Not-Nontributary Ground Water Rights in the Dawson, Denver, Arapahoe, and Laramie-Fox Hills Aquifers and for a Plan for Augmentation for Withdrawal of Not-Nontributary Ground Water, IN EL PASO 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 11 below will be located on “Applicant's Property,” consisting of 200 acres, more or less, in the NW ¼ and the W ½, W1/2, NE ¼, Section 22, Township 12 South, Range 65 West of the 6th P.M., in El Paso 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 tract 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 slightly 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 Dawson and Denver aquifers 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. Such a plan is sought by this application with respect to the Dawson aquifer ground water, as described hereinbelow. 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 contract purchaser 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 tract of land described herein based upon a statutory aquifer life of 100 years. 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. B. The herein applied-for plan for augmentation must be approved by the Water Court before any such not-nontributary ground water adjudicated herein may be produced and put to use. 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 Applicant’s Property, as indicated below, are based upon interpretations of information contained in the Denver Basin Rules, 2 C.C.R. 402-6. Sat. Sand Specific Average Annual Aquifer Acres Thickness Yield Amount Dawson 200 310 Feet 20% 124 AF Denver 200 320 Feet 17 % 109 AF Arapahoe 200 250 Feet 17 % 85 AF Laramie-Fox Hills 200 190 Feet 15 % 57 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 Property. B. Average Pumping Rates: The average pumping rate for wells to be completed into the four named aquifers is expected to vary from 15 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 for withdrawal of not-nontributary ground water, Applicant has the right to withdraw all of the legally available ground water in the Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers underlying the parcel 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. Applicant requests that the initial well(s) permitted, along with any additional well(s) completed into the same aquifer, shall be treated as a well field. As additional wells are constructed, well permit applications will be filed in accordance with § 37-90-137(10), C.R.S. 10. Proposed Uses: 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 the following beneficial purposes: 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 immediate application to said uses, for storage and subsequent application to said uses, for exchange purposes, for replacement of stream depletions caused by the use of water from other sources, and for augmentation. 11. Description of the Land Overlying Subject Ground Water: The Applicant’s property overlying the ground water claimed herein is a tract of land consisting of 200 acres, more or less, located in El Paso County, and generally described as follows: The NW ¼, and the W ½, W ½, NE ¼, Section 22, Township 12 South, Range 65 West of the 6th P.M., in El Paso County, also known as 8875 Burgess Road, El Paso 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 of the the property described herein is Black Forest Partnership. The Applicant herein, Wilshire Developments (Wisconsin), LLC, is the contract purchaser of the property and has the consent of the owner to proceed with this application. PLAN FOR AUGMENTATION 14. Description of Plan for Augmentation: A. Ground Water to be Augmented: Dawson aquifer ground water to be decreed as described in paragraph 8A above. B. Water Rights to be Used for Augmentation: Return flows from the use of fully augmented not-nontributary and nontributary ground water and direct discharge of nontributary ground water. 15. Statement of Plan for Augmentation: A. Applicant will use Dawson aquifer ground water herein to serve as the domestic supply of 60 homes to be constructed on the property, each home with its own Dawson aquifer well. Such ground water will be used for all domestic, stockwatering, and irrigation purposes at each homesite on Applicant's property. Each home site will be equipped with a nonevaporative wastewater disposal system. B. For purposes of this application, it is estimated that each residence will require an annual amount of up to 0.6 acre-feet per year. In-structure use will require approximately 0.27 acre-feet per year, and lawn and garden irrigation and stockwatering uses will be limited to approximately 0.33 acre-feet per year. Applicant reserves the right to amend these values based on final annual quantities available and final land planning decisions. C. Consumptive use associated with in-residence use will be approximately 10% of water used. For purposes of this application, it is estimated that approximately 15% of water used for lawn irrigation purposes will percolate and return to the stream system and that any water used for stock watering purposes will be fully consumed. D. Before any other type of sewage treatment is proposed in the future, including incorporation of the facility into a central sewage collection and treatment system, Applicant, or its successors and assigns, will amend a decree entered in this case prior to such change and thereby provide notice of the proposed change to other water users by publication procedures required by then existing law. 16. Replacement of Depletions: A. During the Pumping Period. (1) Pumping from the not-nontributary Dawson aquifer at this location will result in stream depletions. Applicant will replace modeled actual stream depletions to the affected stream system pursuant to § 37-90-137(9)(c), C.R.S., to the extent required. Such stream depletions occur principally to the Monument/Fountain Creek stream system, tributary to the Arkansas River, although minor stream depletions will occur to the South Platte River system. For that reason, this application is filed in both Water Divisions 1 and 2, and consolidation will be sought in Water Division 2. (2) Return flows from the use of Dawson aquifer ground water will accrue to the Monument Creek/Arkansas River system in amounts in excess those amounts sufficient to replace fully the actual modeled stream depletions while such ground water is being pumped. (3) Stream depletions accruing to South Platte River tributaries are de minimis in effect. See attached Stream Depletion Table, Exhibit C. In the event Applicant is required to make replacements in this drainage basin, it will contract for an adequate replacement source, which source may include tributary or nontributary return flow water or reuse water. B. During the Period After Pumping Ceases: After the total of 10,800 acre-feet (0.6 AF/Yr./Home x 60 Homes X 300 years) of Dawson aquifer ground water has been withdrawn by the planned development or after all Dawson aquifer pumping ceases, Applicant will demonstrate that any depletions which may continue to occur to the stream system are unmeasurable, non-injurious to other water rights, and need not be replaced. However, if the Court finds that such stream depletions must be replaced, Applicant will reserve an adequate amount of nontributary ground water in the Arapahoe


aquifer underlying Applicant's property to meet fully such post-pumping augmentation requirements. 17. Remarks: A. Applicant claims the right to withdraw more than the average annual amounts estimated in paragraph 8A above pursuant to Rule 8A of the Statewide Ground Water Rules, 2 C.C.R. 402-7. 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 thicknesses, 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 will withdraw the not-nontributary Dawson aquifer ground water requested herein under the plan of augmentation requested herein pursuant to § 37-90-137(9)(c), C.R.S. D. In compliance with House Bill 93-1060 (effective March 30, 1993), Applicant will give notice to every person or entity who has a lien or mortgage on, or deed of trust to, or other financial interest in the overlying land recorded in the county in which the overlying land is located within 10 days of the filing of this application. WHEREFORE, Applicant Wilshire Developments (Wisconsin), L.L.C., 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 be made only pursuant to the augmentation plan approved herewith; (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 Dawson, 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. Applicant will waive the statutory well spacing requirements for wells to be completed on the property; (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. FURTHER, Applicant requests this Court grant such other relief as it deems proper in the premises. 2003CW303 Robert W. Anderson, 1930 East 40th Avenue, Denver, Colorado 80205. [Telephone: 303-377-7115] Robert E. Schween, P.C. 8185 South Winnipeg Circle Aurora, Colorado 80016 Telephone: 303-690-8451. Application for Nontributary and Not-Nontributary Ground Water Rights in the Denver, Upper Arapahoe, Lower Arapahoe, and Laramie-Fox Hills Aquifers, IN ADAMS 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 11 below will be located on Applicant’s property that is subject to this application, consisting of 120 acres, more or less, in the NE ¼ and the N ½ of the SE ¼, Section 18, Township 2 South, Range 66 West of the 6th P.M., in Adams County, Colorado. See Exhibit A, General Location Map, and Exhibit B, Property Legal Description, attached hereto. B. Applicant requests the right to construct such wells anywhere on the overlying property to recover the entire allowable annual amounts from each aquifer as claimed herein or as determined by the Court pursuant to its retained jurisdiction. C. The average depths from the land surface to the base of the aquifers at the location of Applicants’ property described herein are estimated as follows: Denver: 260 feet; Upper Arapahoe: 500 feet; Lower Arapahoe: 800 feet; Laramie-Fox Hills: 1500 feet. Actual well completion depths will be consistent with actual aquifer base depths. 4. Source of Water Rights: Nontributary and Not-Nontributary Ground Water. A. The ground water contained in the Lower Arapahoe and Laramie-Fox Hills aquifers at this location is nontributary as defined at § 37-90-103 (10.5), C.R.S. The ground water contained in the Upper Arapahoe and Denver aquifers at this location is classified as not-nontributary as defined at § 37-90-103 (10.7), C.R.S. B. Applicant will relinquish two percent of all such nontributary ground water to the stream system. Applicant may not obtain a well permit and withdraw not-nontributary ground water until an augmentation plan is approved for the replacement of injurious stream depletions caused. See § 37-90-137(9), C.R.S. No such plan is sought by this application. 5. Background: Applicant files this application for water rights pursuant to § 37-92-203, C.R.S., as a water matter concerning nontributary or not-nontributary ground water. Applicant is the owner of the overlying land area 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 Applicant’s property 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 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, as indicated below, are based upon interpretations of information contained in the Denver Basin Rules, 2 C.C.R. 402-6, and illustrated on maps of the Denver Basin aquifers. (The following table indicates estimates only. 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 aquifer underlying the herein described property.) Sat. Sand Specific Average Annual Aquifer Acres Thickness Yield Amount Denver 120.8 54 Feet 17% 11.1 AF Upper Arapahoe 61.8 119 Feet 17 % 12.5 AF (1) Lower Arapahoe 61.8 110 Feet 17 % 11.6 AF (1) Laramie-Fox Hills 120.8 156 Feet 15 % 28.3 AF (1) Note: There is an existing decree in Case No. 86-CW-062, which adjudicates the ground water in the Upper and Lower Arapahoe aquifers underlying 59 acres, more or less, of Applicant’s property described herein. B. Average Pumping Rates: The average pumping rate for wells to be completed into the three named aquifers is expected to vary from 15 to about 250 gpm. The actual


pumping rate for each well may vary significantly according to aquifer production capability at a particular location or well system design. 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 for the withdrawal of not-nontributary ground water, Applicant has the right to withdraw all of the legally available ground water in the Denver, Upper Arapahoe, Lower Arapahoe, and Laramie-Fox Hills aquifers underlying the land area 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. Applicant requests that the initial well(s) permitted, along with any additional well(s) completed into the same aquifer, shall be treated as a well field. As additional wells are constructed, well permit applications will be filed in accordance with § 37-90-137(10), C.R.S. 10. Proposed Uses: 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 all beneficial purposes, including but not limited to: 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. Such water will be produced for immediate application to said uses, 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. 11. Description of the Land Overlying Subject Ground Water: The Applicant’s property overlying the ground water claimed herein consists of three contiguous parcels of land, located in Section 18, Township 2 South, Range 66 West of the 6th P.M., Adams County, and described as follows: Parcel 1: The SW ¼ of the NE ¼, and that part of the N ½ of the SE ¼, containing 62 acres,

more or less. Parcel 2: Part of the N ½ of the SE ¼, containing 20 acres, more or less. Parcel 3: Part

of the N ½ of the SE ¼, containing 39 acres, more or less. See General Location Map, Exhibit A, and Property Legal Descriptions, 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 of the overlying land area described herein is the named Applicant herein, Robert W. Anderson. 14. Additional Remarks: 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 underlying Applicant’s property described herein; (2) The right to file and adjudicate an augmentation plan for 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 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 certifies that there are no persons or entities, other than Applicant, who have a lien or mortgage on, or deed of trust to, or any other financial interest in the overlying land recorded in the county in which the overlying land is located. WHEREFORE, Applicant Robert W. Anderson requests a ruling and decree:


1. Granting the application herein and awarding the ground water rights claimed 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, subject to the limitations described in the ruling and decree; and Finding and determining that – (a) 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; (b) 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.; (c) Applicant or his successors or assigns may construct wells into the Denver, Upper Arapahoe, Lower 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, EXCEPT THAT prior to seeking a well permit for a well into a not-nontributary aquifer, Applicant must obtain a Court-approved plan for augmentation therefor; (d) Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals proposed herein; (e) 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 (f) 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 areas shown at Exhibit A and described in Exhibit B hereto. FURTHER, Applicant requests this Court grant such other relief as it deems proper in the premises. 2003CW304 Robert W. Anderson, 1930 East 40th Avenue, Denver, Colorado 80205. [Telephone: 303-377-7115] Robert E. Schween, P.C. 8185 South Winnipeg Circle Aurora, Colorado 80016 Telephone: 303-690-8451 Application for Nontributary and Not-Nontributary Ground Water Rights in the Denver, Upper Arapahoe, Lower Arapahoe, and Laramie-Fox Aquifers, IN ADAMS COUNTY. 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 11 below will be located on Applicant’s property that is subject to this application, consisting of 13.8 acres, more or less, in the NW ¼ of Section 14, Township 3 South, Range 68 West of the 6th P.M., in Adams County, Colorado. See Exhibit A, General Location Map, and Exhibit B, Property Legal Description, Ander’s Retreat Park Subdivision in the NW ¼ of Section 14, Township 3 South, Range 68 West of the 6th P.M., Adams County, described as –Block 2, Lots 1 thru 32, inclusive; Block 3, Lots 1 thru 42, inclusive;Block 4, Lots 1 thru 29, inclusive, and Lots 32 and 33;Block 11, South ½ of Lot 2 and Lots 3 thru 25, inclusive; and Block 12, Lots 1 thru 21, inclusive, containing 13.806 acres, more or less. B. Applicant requests the right to construct such wells anywhere on the overlying property to recover the entire allowable annual amounts from each aquifer as claimed herein or as determined by the Court pursuant to its retained jurisdiction. C. The average depths from the land surface to the base of the aquifers at the location of Applicants’ property described herein are estimated as follows: Denver: 210 feet; Upper Arapahoe: 425 feet;


Lower Arapahoe: 680 feet; Laramie-Fox Hills: 1565 feet. Actual well completion depths will be consistent with actual aquifer base depths. 4. Source of Water Rights: Nontributary and Not-Nontributary Ground Water. A. The ground water contained in the Upper Arapahoe, Lower Arapahoe, and Laramie-Fox Hills aquifers at this location is nontributary as defined at § 37-90-103 (10.5), C.R.S. The ground water contained in the Denver aquifer at this location is classified as not-nontributary as defined at § 37-90-103 (10.7), C.R.S. B. Applicant will relinquish two percent of all such nontributary ground water to the stream system. Applicant may not obtain a well permit and withdraw not-nontributary ground water until an augmentation plan is approved for the replacement of injurious stream depletions caused. See § 37-90-137(9), C.R.S. No such plan is sought by this application. 5. Background: Applicant files this application for water rights pursuant to § 37-92-203, C.R.S., as a water matter concerning nontributary or not-nontributary ground water. Applicant is the owner of the overlying land area 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 Applicant’s property 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 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, as indicated below, are based upon interpretations of information contained in the Denver Basin Rules, 2 C.C.R. 402-6, and illustrated on maps of the Denver Basin aquifers. (The following table indicates estimates only. 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 aquifer underlying the herein described property.) Sat. Sand Specific Average Annual Aquifer Acres Thickness Yield Amount Denver 13.8 126 Feet 17% 2.96 AF Upper Arapahoe 13.8 96 Feet 17 % -0- AF (1) Lower Arapahoe 13.8 111 Feet 17 % -0- AF (1) Laramie-Fox Hills 13.8 250 Feet 15 % 5.18 AF (1) Note: It is believed that all ground water in the Upper and Lower Arapahoe aquifers underlying Applicant’s property has been prior-appropriated. B. Average Pumping Rates: The average pumping rate for wells to be completed into the three named aquifers is expected to vary from 15 to about 250 gpm. The actual pumping rate for each well may vary significantly according to aquifer production capability at a particular location or well system design. 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 for the withdrawal of not-nontributary ground water, Applicant has the right to withdraw all of the legally available ground water in the Denver, Upper Arapahoe, Lower Arapahoe, and Laramie-Fox Hills aquifers underlying the land area 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. Applicant requests that the initial well(s) permitted, along with any additional well(s) completed into the same aquifer, shall be treated as a well field. As additional wells are constructed, well permit applications will be filed in accordance with § 37-90-137(10), C.R.S. 10. Proposed Uses: 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 all beneficial purposes, including but not limited to: 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. Such water will be produced for immediate application to said uses, 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. 11. Description of the Land Overlying Subject Ground Water: The Applicant’s property overlying the ground water claimed herein consists of a parcel of land, located in Adams County, and described as follows: A tract of land in the NW ¼ of Section 14, Township 3 South, Range 68 West of the 6th P.M., described as Block 2, Lots 1 thru 32, inclusive; Block 3, Lots 1 thru 42, inclusive; Block 4, Lots 1 thru 29, inclusive, and Lots 32 and 33; Block 11, South ½ of Lot 2 and Lots 3 thru 25, inclusive; and Block 12, Lots 1 thru 21, inclusive, containing 13.806 acres, more or less. See General Location Map, Exhibit A, and Property Legal Descriptions, 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. 14. Name of Owner of the Land on Which Structures are Located: The owner of the overlying land area described herein is the named Applicant herein, Robert W. Anderson. 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 underlying Applicant’s property described herein; (2) The right to file and adjudicate an augmentation plan for 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 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 certifies that there are no persons or entities, other than Applicant, who have a lien or mortgage on, or deed of trust to, or any other financial interest in the overlying land recorded in the county in which the overlying land is located. WHEREFORE, Applicant Robert W. Anderson requests a ruling and decree: 1. Granting the application herein and awarding the ground water rights claimed 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, subject to the limitations described in the ruling and decree; and 2. Finding and determining that – (a) 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; (b) 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.; (c) Applicant


or his successors or assigns may construct wells into the Denver, Upper Arapahoe, Lower 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, EXCEPT THAT prior to seeking a well permit for a well into a not-nontributary aquifer, Applicant must obtain a Court-approved plan for augmentation therefor; (d) Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals proposed herein; (e) 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 (f) 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 areas shown at Exhibit A and described in Exhibit B hereto. FURTHER, Applicant requests this Court grant such other relief as it deems proper in the premises. 2003CW305 William A. Setter and Margaret S. Setter, 50 Aspen Circle, Woodland Park, CO 80863, in care of FELT, MONSON & CULICHIA, L.L.C., James G. Felt, 319 N Weber, Colorado Springs, CO 80903, Phone: 719-471-1212. Application For Approval of Plan for Augmentation , IN TELLER COUNTY. Name of structure to be augmented: The Setter Well. There are no other water rights diverted from this structure. 3. Water rights to be used for augmentation: The City of Woodland Park obtains sources of water that are foreign to the South Platte River system. It separately accounts for the sewered return flows from those sources at its waste water treatment plant on Trout Creek which is tributary to Horse Creek, tributary to the South Platte River. Applicants are the owners of a contract right to receive 0.167 acre feet (1/6 acre foot) of water per year of this foreign water from sources not tributary to the South Platte River introduced into Trout Creek by the City of Woodland Park and the Woodland Park Sanitation District all pursuant to an original Agreement dated October 16, 1975 between those parties and Edward K. Warren and David K. Warren. The contract right of the Applicants is a portion of a total of 10 acre feet contracted for from the Woodland Park entities in the above-referenced contract and portions of that 10 acre feet have heretofore been approved to replace depletions to the South Platte River and its tributaries in the following augmentation plans: Ridgewood Filings 4 and 5 - W-8122(76); Flying Cloud Estates - W-8565(77); Woodland Valley Ranch Company - 82CW228; Ridgewood Water District - 84CW409; Peakview Mobile Home Village - 90CW122. 4. Statement of plan for augmentation covering all applicable matters under C.R.S. ' 37-92-103(9), 302(1)(2) and 305(8). A. Water Demand: Applicants are the owners of a 28.97 acre parcel of land located in the NW3 Section 12, Township 11 South, Range 69 West, 6th PM, Teller County, Colorado. Applicants desire to obtain a well permit to drill a well to provide water for in-house use in one single family residence, watering for 8 head of livestock and diversion of 10,000 gallons of water per year for the irrigation of landscape, plants, trees and a small garden. Assuming the household use is for 3.5 persons at 75 gallons per person per day with a ten percent consumptive use based on a non-evaporative septic leach field disposal system, the annual consumptive use from such use would be 0.0294 acre foot per year. Livestock use calculated at 12 gallons per animal per year for 8 animals at one hundred percent consumptive use results in a consumptive use of 0.1075 acre foot per year and the 10,000 gallons diverted for landscaping and garden at an eighty-five percent consumptive use translates into 0.026 acre foot of depletions per year. The total consumptive use associated with the operation of the Applicants= well on an annual basis is therefore 0.163 acre foot per year. B. Operation of Plan for


Augmentation: The contract to receive transbasin sewer effluent from the Woodland Park waste water treatment plant on Trout Creek requires the City of Woodland Park to release that water uniformly throughout the year. The depletions associated with the pumping of the Applicants= well accrue to White Spruce Gulch, tributary to Trout Creek, tributary to Horse Creek, tributary to the South Platte River. Applicants= property is sufficiently remote from Trout Creek that depletions from well pumping are attenuated and will uniformly accrue to Trout Creek throughout the year. The depletion to the South Platte River is 0.07 gpm (145.5 gpd). Applicants uniform credit of replacement water from the City of Woodland Park=s sewer treatment plant a short distance upstream from the point of depletion will offset any depletive effect of the Applicants= well in time, place and amount. 5. Name and address of owners on land on which structures will be located: The land on which the Setter Well will be located and upon which the water will be placed to beneficial use is all owned by the Applicants. The meets and bounds description of Applicants= land is attached hereto as Exhibit A. Applicants assignment of contract rights from David K. Warren is attached as Exhibit B. A map showing the location of the Applicants= land relative to Trout Creek and showing the location of the City of Woodland Park=s sewer plant is attached hereto as Exhibit C. 2003CW306 VARRA COMPANIES, INC., SAND LAND, INC., PASQUALE VARRA AND JACQUELINE VARRA, 8120 Gage Street, Frederick, Colorado 80516. (c/o David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR CHANGE OF WATER RIGHTS AND APPROVAL OF A PLAN FOR AUGMENTATION. IN WELD COUNTY. APPLICATION FOR CHANGE OF WATER RIGHTS: 1. Decreed Name of Structure for Which Change is Sought: Rural Ditch. From Previous Decree: A. Date Entered: June 2, 1882. Case No.: Civil Action 1336. Court: Boulder County District Court. B. Decreed Point of Diversion: A point on the East bank of Boulder Creek in the NE 1/4 of Section 20, Township 2 North, Range 68 West, 6th P.M., Weld County, Colorado, located approximately 1,400 feet West of the East Section line and 2,275 feet South of the North Section line of said Section 20. Water is also diverted at a headgate located on Idaho Creek, a branch of Boulder Creek, at a point on the East bank of Idaho Creek in the SE 1/4 of Section 16, Township 2 North, Range 68 West, 6th P.M., located approximately 420 feet West of the East Section line and 1,300 feet North of the South Section line of said Section 16. C. Source: Boulder Creek. D. Appropriation Dates and Amounts: May 10, 1862, for 22.75 cubic feet per second; and March 10, 1863, for 175.54 cubic feet per second. Note: 115.29 cubic feet per second of the March 10, 1863, priority was abandoned pursuant to the Decree entered in Case No. 84CW204. Currently pending before the Court in Case No. 2000CW171 is a request to confirm the historic diversion of 12.0 cubic feet per second into the Rural Ditch at a point in the SW 1/4 NW 1/4 of Section 1, Township 2 North, Range 68 West, 6th P.M., located approximately 500 feet East of the West Section line and 2,500 feet South of the North Section line of said Section 1. The source of water is excess, waste, surface runoff, flood, seepage and other waters from the Cole Seepage Ditch and/or Godding Hollow. E. Historic Use: Irrigation. Summaries of diversion records for the Rural Ditch during the period 1950 through 1985, are attached as Exhibit "A." A map depicting the location of the lands historically irrigated with the Rural Ditch water rights is attached as Exhibit "B." 4. Proposed Change: A. Ownership of the water rights described in Paragraph No. 2 is represented by shares of stock in the Rural Ditch Company. In this proceeding, Applicants seek to transfer the water associated with 4.0 shares of the 49.75 shares of capital stock


issued and outstanding in the Rural Ditch Company. Applicants' interest in the direct flow priorities decreed to the Rural Ditch are summarized as follows: Appropriation Date Applicants' Pro-rata Entitlement May 10, 1862 1.83 cfs March 10, 1863 4.84 cfs August 27, 1907 0.96 cfs B. Applicants propose to utilize the subject water rights for the following purposes, in addition to the irrigation use authorized in the original decree: augmentation, replacement, exchange, commercial, industrial, recreational, piscatorial, wildlife propagation, storage and all other beneficial purposes related to the sand and gravel mining operations of the Applicants and their assigns. C. Applicants seek a quantification of the historical stream depletions associated with their pro-rata entitlement to the Rural Ditch priorities described herein and of the Rural Ditch as a whole. D. To the extent the subject water supplies are not needed for immediate use, Applicants request the right to store the water in the 112 Reservoir, the Dakolios Reservoir and the Von Ohlen Reservoir. The 112 Reservoir is located in the W 1/2 of Section 2, Township 2 North, Range 68 West, 6th P.M., Weld County. The center of the Reservoir is located approximately 2,600 feet West of the East Section line and 1,300 feet North of the South Section line of said Section 2. It has a capacity of approximately 1,551 acre feet. The Dakolios Reservoir is located in the SW 1/4 of Section 31, Township 3 North, Range 67 West, 6th P.M., Weld County. The center of the Reservoir is located approximately 1,230 feet East of the West Section line and 1,400 feet North of the South Section line of said Section 31. It is expected to have a capacity of approximately 1,900 acre feet. The Von Ohlen Reservoir is located in the SE 1/4 of Section 31, Township 3 North, Range 67 West, 6th P.M., Weld County. The center of the Reservoir is located approximately 1,800 feet West of the East Section line and 1,400 feet North of the South Section line of said Section 31. It is expected to have a capacity of approximately 1,300 acre feet. The 112 Reservoir has been lined to prevent the infiltration and exfiltration of ground water into the structure. The Dakolios Reservoir and the Von Ohlen Reservoir are in the process of being lined. The structures are the subject of a pending Application before the Court in Case No. 2001CW274. Rural Ditch water can be diverted into storage using laterals off the main Ditch. No change in point of diversion is required to store Rural Ditch water. E. Applicants seek judicial confirmation of the terms and conditions under which the subject Rural Ditch water rights can be used for augmentation and replacement purposes, including but not limited to the pattern of return flows that may need to be replicated in order to prevent injury to water rights that are senior to the date of this Application. F. Applicants assert the right to totally consume the consumable portion of the subject water rights, either by a first use, a reuse or successive uses of the water. 4. Names and Addresses of Owners of Land on Which Structures are Located to the best of Applicants' knowledge: Rural Ditch Company, c/o Frank Sewald, 11979 WCR 13, Longmont, Colorado 80504; Williams Family Farm LLC, 8876 West Rodgers Road, Longmont, Colorado 80503; Western Paving Construction Co., P. O. Box 21588, Denver, Colorado 80221; and Applicants, as above described. APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION: 1. Names of Structures to be Augmented: a. Del Camino Pit No. 1, located in the N 1/2 of Section 31, Township 3


North, Range 67 West, 6th P.M., Weld County. b. Hayseed Ditch non-irrigation season return flows. c. Rural Ditch return flows. d. Sand and gravel pits operated by the Applicants in Township 2 North, Range 67 West; Township 2 North, Range 68 West; Township 3 North, Range 67 West; and Township 3 North, Range 68 West; all in the 6th P.M., Weld County. 2. Water Rights to be Used for Augmentation Purposes. The Rural Ditch water rights described in Claim No. 1. Water stored in the 112 Reservoir, the Dakolios Reservoir and the Von Ohlen Reservoir under the storage priorities requested in Case No. 2001CW274. The Hayseed Ditch water right described in Case No. 90CW174. 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. Applicants own and operate several sand and gravel pits in Weld County. Water is consumed as a result of evaporation from exposed ground water, water that is contained in the product transported from the pit, dust suppression and land reclamation activities. The specific volume of water that is lost varies from pit to pit. b. The Del Camino Pit No. 1 ("Del Camino Pit"), is currently inactive. At the present time, approximately 65.2 acres of ground water is exposed. The area of ground water exposed as of December 31, 1980, and hence exempt from augmentation pursuant to C.R.S. 37-92-137(11)(a)(I), has been determined to be 53.1 acres. It is anticipated that the area of exposed ground water at the Del Camino Pit will eventually be reduced to 53.1 acres, either by creating one or more lined reservoirs at the site or by backfilling. Until such activities are completed, the area of open water surface which exceeds 53.1 acres will be multiplied by 2.82 acre feet per acre, using the monthly distribution set forth in NOAA's Technical Report NWS 33 and the State Engineer's general guidelines. Should mining activities recommence, the volume of water used and all resulting stream depletions will be measured and accounted for. During the months of April through October, out-of-priority depletions attributable to the Del Camino Pit are augmented by leaving Hayseed Ditch water in the stream pursuant to the terms and conditions set forth in Case No. 90CW174, (currently pending before the Court). Fully consumable Rural Ditch water may also be released to St. Vrain Creek. During the remainder of the year, and when the Hayseed Ditch and Rural Ditch are not in priority or available, depletions will be augmented by releasing water from the 112 Reservoir, the Dakolios Reservoir and/or the Von Ohlen Reservoir. c. The transfer of water decreed to the Hayseed Ditch, as more particularly described in Case No. 90CW174, necessitates the delivery of water to the stream system during the non-irrigation season in order to replicate return flows during times when the river call is senior to November 30, 1990. The volume of water that may need to be delivered between November 1 and March 31 is approximately 7.4 acre feet. As required, return flow obligations during the non-irrigation season will be satisfied by releasing water from the 112 Reservoir, the Dakolios Reservoir and/or the Von Ohlen Reservoir. d. Applicants propose to divert their full entitlement of Rural Ditch water to storage and replicate return flows to the stream on a monthly basis whenever the call on the river is senior to the date of this application. In the alternative, only the consumptive use portion of Applicants' Rural Ditch water will be stored. As required, return flow obligations will be satisfied during the period April through October, inclusive, by leaving Hayseed Ditch water in the stream pursuant to the terms and conditions set forth in Case No. 90CW174. During the remainder of the year, and when the Hayseed Ditch and Rural Ditch are not in priority or available, return flow obligations will be satisfied by releasing water from the 112 Reservoir, the Dakolios Reservoir and/or the Von Ohlen Reservoir. e. The point of release


of Rural Ditch water and water stored in the 112 Reservoir is in the S 1/2 SE 1/4 of Section 35, Township 3 North, Range 68 West, 6th P.M. The point of release of water stored in the Dakolios Reservoir and the Von Ohlen Reservoir will be in the NE 1/4 NW 1/4 of Section 31, Township 3 North, Range 67 West, 6th P.M. 4. Names and Addresses of Owners of Land on Which Structures are or will be Located to the best of Applicants' knowledge: Persons and entities listed in Claim No. 1. Weld County Commissioners, 915 10th Street, Greeley, Colorado 80631; and Construction Leasing Investment Co., c/o Siegrist Construction Co., 875 West 64th Avenue, Denver, Colorado 80221. WHEREFORE, Applicants request the entry of a decree approving this Application for Change of Water Rights and Approval of a Plan for Augmentation, specifically determining the historic depletions associated with the Rural Ditch water rights and affirming that the source and location of delivery of augmentation water are sufficient to eliminate material injury to vested water rights. Applicants also request a determination that their sand and gravel mining operations can be operated without curtailment so long as out-of-priority stream depletions are replaced. (7 pages, 2 exhibits). 2003CW307 JAMES F. AND SUSAN K. REEMAN, 35710 WCR 39, Eaton, CO 80615. APPLICATION FOR WATER STORAGE RIGHT, IN WELD COUNTY. Reeman #1 located in the NW1/4, S5, T6N, R65W, 6th PM Reeman #2 located in the NW1/4, Section 3, T7N, R65W, 6th PM. Source: runoff from irrigation for both structures Appropriation: #1-1982 #2-1980 Amount claimed: #1 – 4AF #2 – 3.75 AF Use: #1 – irrigation of 68 acres #2 – irrigation of 78 acres. 2003CW308, CONCERNING THE APPLICATION FOR WATER RIGHTS OF DAVID AND LISBETH TALLENT AND BUFFALO CREEK CONSTRUCTION, INC., APPLICATION FOR UNDERGROUND WATER RIGHTS FROM A NOT NONTRIBUTARY SOURCE AND APPROVAL OF AUGMENTATION PLAN, IN NOT NONTRIBUTARY UPPER DAWSON AQUIFER, IN ELBERT COUNTY. 1. Name, address, and telephone number of Applicants: David and Lisbeth Tallent, 1928 Woodpecker Lane, Elizabeth, CO 80107 (303) 646-3235 and Buffalo Creek Construction, Inc.,45485 Eagle Nest Circle North, Elizabeth, CO 80107 (720) 851-5860 (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 Dawson aquifer will be located at any location on approximately 13.47 acres of land, being Lot 1 and 2, Hathaway Farms Minor Development, which is generally located in part of the E1/2SE1/4 of Section 26, T7S, R65W of the 6th P.M., as 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 Dawson aquifer is not nontributary as described in 37-90-103(10.7) and 37-90-137(9)(c), 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. Applicants will withdraw the subject groundwater through wells to be located at any location on the Subject Property. Applicants will withdraw part of the Upper Dawson aquifer groundwater to be decreed herein through existing wells as permitted in Well Permit Nos. 117587 and 250471, which will be re-permitted to operate pursuant to the augmentation plan requested below. Applicants waive 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 amount of withdrawal available from the Upper Dawson aquifer is based upon the Denver Basin Rules, 2 C.C.R. 402-6. Applicants estimate that based on an average saturated thickness of 157 feet there is approximately 4.2 acre-feet per year available for


withdrawal. The annual amount available for withdrawal will depend on the hydrogeology and the legal entitlement of the Applicants' and represents a claim to all Upper Dawson aquifer groundwater underlying the Subject Property. 6. Well Fields: Applicants request that this Court determine that Applicants have the right to withdraw all of the legally available Upper Dawson aquifer water 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 Applicants' well fields. As additional wells are constructed, applications will be filed in accordance with 37-90-137(10), C.R.S. 7. Proposed Use: Applicants will use the water for domestic, irrigation, stockwatering, and augmentation purposes. 8. 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. 9. Description of plan for augmentation: A. Groundwater to be augmented: 2.5 acre-feet per year over a 100 year pumping period of Upper Dawson aquifer groundwater as requested herein as described in paragraph 5 above. B. Water rights to be used for augmentation: Return flows from the use of not nontributary Upper Dawson aquifer water requested herein and return flows or direct discharge of nontributary Laramie-Fox Hills aquifer ground water underlying the Subject Property as previously decreed in Case No. 2001CW247. C. Statement of plan for augmentation: Applicants will use the Upper Dawson water to supply the two lots through the existing wells at rates of flow of 15 gpm. Applicants estimate that each well will be limited to 1.25 acre-feet per year for inhouse use (0.4 acre-feet), irrigation/limited to 14,000 square-feet of lawn, garden, and trees (0.8 acre-feet), and stockwatering of 4 horses (0.05 acre-feet). Applicants reserve the right to amend these amounts and values based on final planning for the lots without amending this application or republishing the same. Sewage treatment for inhouse use will be provided by a non-evaporative septic system. 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. During pumping Applicants will replace actual depletions to the affected stream system pursuant to 37-90-137(9)(c), C.R.S. Applicants estimate that depletions may occur to the Running Creek stream system. Return flows from use of the subject water rights via that stream system, will accrue to the South Platte River stream system, and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicants will reserve an amount of nontributary Laramie-Fox Hills aquifer groundwater as decreed in Case No. 2001CW247 underlying the Subject Property to meet augmentation requirements. 10. Remarks: A. Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 5B above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicants have estimated the amount of water available for withdrawal from the subject aquifer based on estimates of relative values for specific yield and saturated thickness, 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. C. Applicants will withdraw up to 2.5 acre-feet per year for 100 years of the not nontributary Upper Dawson aquifer groundwater requested herein through the existing well under the plan of augmentation requested herein pursuant to 37-90-137(9)(c), C.R.S. WHEREFORE, Applicants pray that this Court enter a Decree: 11. Granting the application herein and awarding the water right claimed herein as final, 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 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 Applicants' property, pursuant to 37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; B. The groundwater in the Upper Dawson aquifer is not 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; FURTHER, Applicants pray that this Court grant such other relief as seems proper in the premises. 2003CW309 DONALD P. BELLUM APPLICATION FOR CHANGE OF WATER RIGHT TO AMEND PLAN FOR AUGMENTATION, IN DOUGLAS COUNTY. 1. Name and telephone number of Applicant: Donald P. Bellum, 3341 Park Ridge Road, Sedalia, CO 80135 (303) 660-4569 (Carmen S. Hall, Petrock & Fendel, P.C., 700 17th Street, #1800, Denver, Colorado 80202 (303) 534-0702). 2. Prior decree: Case No. 98CW12, entered August 19, 1999. The augmentation plan allows diversion of not nontributary Denver aquifer water for use in a 10-lot subdivision, located on approximately 89 acres of land in the S1/2N1/2 of Section 25, T8S, R68W of the 6th P.M. as shown on Attachment A hereto. 3. Proposed change: The augmentation plan allows ten not nontributary Denver aquifer wells to withdraw 0.6 acre-feet per year per well. As finally approved, the subdivision has only 9 lots. Applicant requests that the augmentation plan be amended: (1) to allow one of the augmented wells to withdraw a total of 1.2 acre-feet per year to serve two residences on one lot, and (2) to allow the mix of uses for each well (in-house, irrigation and watering of horses) to be changed, provided the total amount used on each lot (other than the lot served by the well described in (1)) is not increased. The uses allowed under the augmentation plan and the total amount of water used will not change. No other parties will be adversely affected by this amendment, and 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. 98CW384 Hidden Valley Mutual Water Company, Ciliberto and Associates, LLC, 1660 Lincoln St., Suite 17000, Denver, CO 80624. Second Amended Application for Approval of Plan for Augmentation, IN JEFFERSON AND CLEAR CREEK COUNTIES.

1. Applicant wishes to add additional sources of augmentation water to the subject application.

2. Applicant seeks to add additional sources of augmentation water for Clear Creek depletions, water as evidenced by a Water Lease Agreement between the Board of County Commissioners of the County of Clear Creek (“Clear Creek”) and Hidden Valley, dated July 22, 2003, attached hereto as Exhibit A.

Henderson Mine Water, Water from the fractures in the rock above and surrounding the Arnax Henderson Mine,

located in Clear Creek and Grand Counties, Colorado, decreed by the District Court for Water Division 1 in Case No. W-7158-77 for 5 cfs absolute, with an April 1, 1967 appropriation date, and by the District Court for Water Divisions in Case No. W-1700 for 0.349 cfs absolute, with a July 31, 1967 appropriation date, both as non-tributary, developed Water to be used for industrial, domestic, irrigation, municipal, piscatorial and recreational uses. The diversion structure for the original diversion point known as the Henderson Shaft No. I is located in on unsurveyed area which appears to be Section 25, Township 3 South, Range 76 West of the 6th P.M., Clear Creek County, beginning at a point at the center of Shaft No. 1 whence the USLM Mineral Monument Rue bears North 730421 East a distance of 3,208.4 feet. The Rue Mineral Monument is located at North latitude 3904611711 and the West longitude 105049158". An alternate point of diversion for this Water Rights has been decreed for the Henderson Shaft No. 2, which is located beginning at a point at the center of Shaft No. 2 whence USLM Mineral Monument Rue bears North 7701614611 East a distance of 4,931.22 feet, which appears to be in the same Section, Township and Range as the Shaft No. 1. An alternate point of diversion has also been decreed to the Henderson New West Portal Mine Railway Tunnel, which is located beginning at a point on the centerline of the West Tunnel Portal whence the NW corner of Section 6, Township 3 South,


Range 77 West of the 6th P.M. bears North 4502913511 West a distance of 16,086.72 feet.

Rice Ranch Rights, 20 consumptive acre feet of water per year out of a total of 361 consumptive acre feet, and 1.73 cfs out of a total maximum diversion rate of 31.22 cfs, decreed by the District Court in and for Water Division No. 5, in Case Nos. W-217 and W-2110, as being historically attributable to the following described water rights; (a) Rice Ditch, decreed for 4.50 cfs with a May 3, 1893 appropriation date and a March 2,

1910 adjudication date. The originally decreed headgate of the Rice Ditch is located on the left (south) bank of the Snake River in the NW1/4 SE1/4 of Section 22, T.5 S., R. 77 W., 6th P.M.;

(b) Soda Creek Ditch, decreed for 2.72 cfs with a July 1, 1900 appropriation date and March 10, 1952 adjudication date. The originally decreed headgate of the Soda Creek Ditch is located on the right (east) bank of the Soda Creek at a point whence the South quarter corner of Section 27, T. 5 S., R. 77 W., 6th P.M., bears South 10Ε5' East a distance of 940 feet;

(c) Phillips Ditch, decreed for 4.00 cfs with a June 1, 1904 appropriation date and a March 2, 1910 adjudication date. The originally decreed headgate of the Phillips Ditch is located on the left (west) bank of the Keystone Creek in the SW1/4 SW1/4 of Section 14, T. 5 S., R.77 W., 6th P.M.;

(d) Rice Ditch - Riley Enlargement, decreed for 10.00 cfs with a July 5, 1914 appropriation date and an October 26, 1937 adjudication date. The originally decreed headgate of the Riley Enlargement is located on the left (south) bank of the Snake River at a point whence the SW corner of Section 22, T. 5 S., R. 77 W., 6th P.M., bears S. 54Ε46' West a distance of 3845 feet; and

(e) Rice Ditch - Rice Enlargement, decreed for 10.00 cfs with a July 5, 1914 appropriation date and a March 10 1952 adjudication date. The originally decreed headgate is the same as the Rice Ditch - Riley Enlargement,

Arduser Ditch Rights, 5 consumptive acre feet of water per year out of a total of 52.5 consumptive acre feet, and .2857 cfs out of a total maximum diversion rate of 3 cfs, decreed by the Summit County District Court in Case No 2350 as being historically attributable to the Arduser Ditch, Ditch No. 230, Priority No. 249, decreed by the Summit County District Court in Civil Action No. 1709 for 3cfs, with a September 28, 1934 appropriation date and an October 26, 1937 adjudication date.

3. All other matters remain the same as shown in the September 1998 resume and the November 1998 resume as published for Water Division 1.

02CW363 HARMONY DITCH CO., c/o Timothy R. Buchanan, Esq. 7703 Ralston Rd., Arvada, CO 80002. AMENDMENT TO APPLICATION FOR WATER RIGHTS AND APPROVAL OF PLAN FOR AUGMENTATION, IN MORGAN AND LOGAN COUNTIES. 2. The Harmony Ditch Company is a Colorado mutual ditch company. The Harmony Ditch

Company owns the Harmony Ditch, also known as the Harmony No. 1 Ditch, which is described in the original application.

APPLICATION FOR GROUND WATER RIGHTS 3. Name of Structure: Gander Augmentation Well No. 7040R

Location of Structure: Located 670 feet South and 1200 feet West of the Northeast Corner of Section 6, Township 10 North, Range 48 West of the 6th P.M., Logan County, Colorado Source: Groundwater tributary to the South Platte River. Date of Appropriation: July 25, 2003 How Appropriation was Initiated: By determination of the Harmony Board members to file this amendment. Amount Claimed: 1000 gpm Proposed Use: Augmentation, replacement and exchange.

4. Name of Structure: Monheiser Augmentation Well No. 2575F


Location of Structure: Located in the Southeast 1/4 of the Northeast 1/4 of Section 12, Township 10 North, Range 49 West of the 6th P.M., Logan County, Colorado Source: Groundwater tributary to the South Platte River. Date of Appropriation: July 25, 2003 How Appropriation was Initiated: By determination of the Harmony Board members to file this amendment. Amount Claimed: 1500 gpm Proposed Use: Augmentation, replacement and exchange.

5. Name of Structure: Monheiser Augmentation Well No. 4540F Location of Structure: Located 600 feet south and 1820 feet east of the Northwest 1/4 corner, Section 14, Township 10 North, Range 49 West of the 6th P.M., Logan County, Colorado Source: Groundwater tributary to the South Platte River. Date of Appropriation: July 25, 2003 How Appropriation was Initiated: By determination of the Harmony Board members to file this amendment. Amount Claimed: 1500 gpm Proposed Use: Augmentation, replacement and exchange.

6. Name of Structure: Meyerholz Well No. 2-2771-F Location of Structure: Located 25 feet North and 300 feet East of the Southwest 1/4 of the Southwest 1/4, Section 11, Township 10 North, Range 49 West of the 6th P.M., Logan County, Colorado. Source: Groundwater tributary to the South Platte River. Date of Appropriation: July 25, 2003 How Appropriation was Initiated: By determination of the Harmony Board members to file this amendment. Amount Claimed: 1500 gpm Proposed Use: Augmentation, replacement and exchange.

AMENDED APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION 7. Statement of Plan for Augmentation. The application for approval of a plan for

augmentation filed by Harmony in this case is hereby amended to include additional sources of replacement to offset out-of-priority stream depletions.

8. Augmentation Wells. The wells described in paragraphs 3-6 herein shall be used to provide additional replacement water to the South Platte.

9. Additional Augmentation Water. In addition to the water rights specifically listed in the application and amendment, Harmony requests the right to utilize augmentation and/or recharge credits that may be available from pending or decreed augmentation plans and which would replace depletions associated with the wells included in the original application and paragraphs 3-6 herein in time, location and amount. Credits that may be utilized include but are not limited to those available pursuant to CDOW Tamarack Case Nos. 96CW1063 and 98CW463. Harmony shall enter into agreements to obtain the right to use such accretions at such times as required to replace Harmony depletions, and will provide notice of such agreements to interested parties.

10. Amendment Only. The purpose of this amendment is to add additional replacement sources to offset out-of-priority depletions caused by well pumping. All other components of Harmony's proposed plan shall remain unchanged, and Harmony continues to assert the same rights it asserted in the previously filed application. Nothing in this application shall prevent owners of the subject wells from subsequently petitioning the Court to remove any well or wells from this plan for augmentation or to operate said wells in accordance with a different decree of the Court.

2003CW287, CONCERNING THE APPLICATION FOR WATER RIGHTS OF VINCENT AND SUSAN DINAPOLI, DONALD AND MARJORIE SCHEIWE, MARY SCHOENFELD, DONALD JR. AND GLENDA HERMAN, AND LUCIEN AND


MARGARET FIANDACO, HAROLD AND BARBARA SIDEBOTTON, AND JACK PENROD, AMENDED APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY AND NONTRIBUTARY SOURCES AND APPROVAL OF AUGMENTATION PLAN, IN THE NONTRIBUTARY ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY DAWSON AND DENVER AQUIFERS, IN EL PASO COUNTY. 1. Names, addresses, and telephone numbers of Applicants: Vincent and Susan DiNapoli, Donald and Marjorie Scheiwe, Mary Schoenfeld, Donald Jr. and Glenda Herman, Lucien and Margaret Fiandaco, Harold and Barbara Sidebotton, and jack Penrod, c/o 135 Pinewood Loop, Monument, Colorado 80132(719) 481-2686 (Carmen S. Hall, Esq., Petrock & Fendel, P.C., 700 17th Street, #1800, Denver, Colorado 80202 (303) 534-0702). COME NOW Applicants, by and through their undersigned attorneys, and hereby amend the application filed with this Court on July 31, 2003, as follows: The original application requests quantification of groundwater in the nontributary Arapahoe and Laramie Fox-Hills and the not nontributary Dawson and Denver aquifers underlying 5 individual residential tracts located in Arrowwood III Subdivision, located in parts of the S1/2 of Section 7 and the N1/2 of Section 18, T11S, R66W of the 6th P.M. (Subject Property). By this amended application, the water underlying 2 additional tracts being Tract 39 and Tract 10, Filing 3, is being added and included in the application. The owners and addresses and acreage of these 2 tracts are described on revised Attachment A, and the locations of these 2 tracts are shown on revised Attachment B hereto. Also, in the original application the tract owned by Applicants Donald and Majorie Scheiwe was referenced as being Tract 28, when it should have referenced Tract 29. The corrected address and location of the Scheiwe tract are shown on revised Attachments A and B. Parts of the Dawson aquifer water may be withdrawn through existing wells on these 3 referenced tracts which are the subject of Permit Nos. 237876, 220195, and 191612, pursuant to the augmentation plan as requested in the original application which requests additional use of the Dawson aquifer water for irrigation and stockwatering purposes. The amounts and values in the augmentation plan apply to these wells. Applicants will own a pro-rata interest in the total amount of groundwater to be decreed in this case underlying their respective tracts. The wells which will withdraw the groundwater will be located at any location on the land which is the subject of this application. The combined acreage of the 2 new lots added in this amended application is 5 acres and Applicants estimate that the following average annual amounts are available from the subject aquifers underlying the 5 acres, based on current values in the Denver Basin Rules, 2 C.C.R. 402-6. Such water will be added to the amounts requested in the original application: Saturated Annual Aquifer Thickness Amount Upper Dawson 400 feet 4.0 acre-feet Denver 481 feet 4.0 acre-feet Arapahoe 283 feet 2.4 acre-feet Laramie-Fox Hills 196 feet 1.5 acre-feet Any matters other than requested herein as described in the original application remain as shown in the July, 2003, resume for Water Division 1. WHEREFORE, Applicants pray that this court enter a decree for the relief requested in this amended application and for such further relief as the court deems proper in the premises.

**The following is the corrected version of the application that appeared in the December, 2002 resume**

2002CW317 BIJOU IRRIGATION COMPANY. Michael D. Shimmin , Vranesh & Raisch, LLP, P.O. Box 871, Boulder, CO 80306-0871. Telephone: (303) 443-6151 Fax: (303) 443-9586 Email: [email protected] APPLICATION FOR WATER RIGHTS, INCLUDING DIRECT FLOW, STORAGE, GROUND WATER RECHARGE, AND AUGMENTATION IN WELD and MORGAN COUNTIES.1. Name, Mailing Address, Telephone Number of Applicant: Bijou Irrigation Company, 229 Prospect Street, P.O. Box 972, Fort Morgan, CO 80701 Telephone: (970) 867-2222. Name of structures: A: Bijou Canal B: Landowner Recharge Ponds as listed and described in paragraph 3.B., below.

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.


B: Water diverted from the South Platte River will be delivered through the Bijou Canal and

its laterals to several water storage and ground water recharge ponds, located and described as follows:

RECHARGE PONDS

POND

CAPACITY

SURFACE AREA

DAM HEIGHT

LOCATION

McCracken

112 acre ft.

14 acres

8 feet

7 acres in NE1/4SW1/4, Sec. 30, T4N, R58W & 7 acres in SE1/4 NW1/4, Sec. 30, T4N, R58W

Weimer 1

30 acre ft.

5 acres

9 feet

NW1/4 NE1/4, Sec. 30, T4N, R58W

Weimer 2

7.5 acre ft.

� acre

9 feet

SE1/4 SW1/4, Sec. 19, T4N, R58W

Weimer 3

45 acre ft.

5 acres

9 feet

2.5 acres in NE1/4SW1/4, Sec. 19, T4N, R58W & 2.5 acres in NW1/4 SE1/4, Sec. 19, T4N, R58W

Weimer 4

15 acre ft.

1.5 acres

9 feet

NE1/4 NE1/4, Sec. 19, T4N, R58W

Sanctuary

64 acre ft.

8 acres

8 feet

5 acres in SE1/4 SE1/4, Sec. 33, T4N, R58W & 3 acres in NE1/4 NE1/4, Sec. 4, T3N, R58W

4. Source: South Platte River. 5. Date and manner of initiation of appropriation: December 5, 2002, by adoption of Board

Resolution stating intent to appropriate, by entering into agreements with landowners for the recharge sites, by posting signs, and by publishing notice of intent to appropriate in the Fort Morgan Times.

6. Amount claimed: 350 c.f.s., at the Bijou Canal Headgate, up to a total annual volume of 4,000 acre feet, conditional.

7. Use or proposed use: The primary use of water will be for recharge and augmentation purposes to replace depletions by wells located within the Bijou Irrigation Company’s service area, and other wells owned by individuals upon whose land the storage and recharge ponds will be constructed. Bijou Irrigation Company has entered into written agreements with all of said landowners which allocate the augmentation credits to be generated by the exercise of this water right. The primary use of Bijou’s share of this water will be for recharge and augmentation purposes to provide supplemental augmentation credits for use in Bijou’s previously decreed company augmentation plan, which is decreed in Case Nos. W-2704 and W-9172-78, Water Court for Water Division 1 (“Bijou Plan”). A list of those wells is attached and incorporated as Exhibit A. The primary use of the landowners’ share of this water will be to replace depletions caused by wells owned by those landowners. Those wells are listed in Exhibit B, attached and incorporated in this Application. Because it is impossible to match the timing of water availability with the timing of depletions from wells, there may be excess credits generated beyond the needs of wells within the Bijou service area and those owned by the individual landowners. Any such excess credits may be used for general augmentation purposes outside of the Bijou Irrigation Company’s service area in accordance with the written agreements between Bijou and the landowners, in accordance with law, and subject to the approval of the State Engineer or Water Court.


8. Bijou Plan and calculation of augmentation credits:

A: The Bijou Plan provides augmentation water to replace depletions resulting from the consumptive use of water pumped from the approximately 200 wells shown on Exhibit A. Under previous decrees, augmentation water has been recharged to the aquifer at several individual recharge sites and through the Bijou Canal. The decree in Case Nos. W-2704 and W-9172-78 includes detailed accounting procedures for administering the Bijou Plan, which has been in operation for approximately 16 years. This operational experience has indicated that in certain dry years, additional augmentation credits will be needed to fully cover all of the wells under the Bijou system. In order to supplement its supply of augmentation credits, Bijou has entered into agreements with the individual landowners listed in this Application to construct additional recharge sites.

B: The existing Bijou Plan is operated pursuant to detailed terms and conditions contained in

the decree entered in Case Nos. W-2701 and W-9172-78. These operations include performing detailed calculations of stream depletions and accretions, and completing accounting forms which summarize these calculations and the augmentation operations. Bijou requests the right to incorporate the additional accretions from the ditch seepage losses and the recharge sites described in this Application into the existing accounting procedures so that the Bijou Plan and this plan will operate in a consistent and unified manner. The accounting procedures used in the Bijou Plan are summarized as follows: i. The owner or operator of each farm with wells included in the plan reports the

types and crops and number of acres irrigated by wells prior to May 1 of each year.

ii. The total irrigation water requirement for the lands irrigated by wells is determined on a monthly basis using the modified Blaney-Criddle method.

iii. The total surface water supply delivered to lands irrigated by wells is determined from records maintained by Bijou.

biv. The consumptive use of ground water is calculated for each well as the difference between the total irrigation requirement and the portion of the total irrigation requirement satisfied by surface water.

v. The lagged effects of ground water consumption are determined using the Stream Depletion Factor (SDF) methodology developed by the U.S.G.S.

vi. The amount of recharge is determined by performing water balance calculations, including reductions for evaporation, for each recharge site and for each ditch reach.

vii. The lagged effects of recharge accretions are determined using the SDF methodology.

viii. The cumulative net effects on the South Platte River are determined as the difference between the lagged depletions due to consumption of ground water and the lagged accretions due to recharge.

C. Under this water right, augmentation accretions attributable to recharge at all of the new recharge sites described herein will be calculated using the accretion steps listed above and the SDF values for each recharge site, as listed below. Augmentation accretions attributable to seepage losses within the Bijou Canal and its laterals above the recharge sites will be calculated by canal reach using the same methodology and values currently used under the Bijou Plan. New canal reaches for lateral ditches not decreed in the Bijou Plan will use the SDF factors listed below. The accounting forms currently used for the Bijou Plan will be modified slightly to include the accretions attributable to diversion and recharge under this case. i. SDF values for recharge ponds:

RECHARGE PONDS

POND

SDF VALUE

McCracken

1900


Weimer 1 1470

Weimer 2

1490

Weimer 3

1100

Weimer 4

750

Sanctuary

1080

ii. SDF values for new lateral ditch reaches:

LAYTON LATERAL DITCH REACHES

REACH

LOCATION

SDF

1

NE1/4 SW1/4, Sec. 28, T4N, R59W to SW1/4 NE1/4, Sec. 34, T4N, R59W

3630

2

SW1/4 NE1/4, Sec. 34,T4N, R59W to SW1/4 SW1/4, Sec. 35, T4N, R59W

4320

3

SW1/4 SW1/4, Sec. 35, T4N, R59W to NW1/4 SW1/4, Sec. 36, T4N, R59W

4320

4

NW1/4 SW1/4, Sec. 36, T4N, R59W to SW1/4 SE1/4, Sec. 25, T4N, R59W

3630

5

SW1/4 SE1/4, Sec.25, T4N, R59W to SE1/4 SE1/4, Sec. 25, T4N, R59W

3000

6

SE1/4 SE1/4, Sec. 25, T4N, R59W to SW1/4 SE1/4, Sec. 30, T4N, R58W

1470

NO. 3 BIJOU LATERAL REACH

REACH

LOCATION

SDF

1

NW1/4 NE1/4, Sec. 14, T3N, R59W to NE1/4 NE1/4, Sec. 14, T3N, R59W

4882

2

NE1/4 NE1/4, Sec. 14, T3N, R59W to SE1/4 SW1/4, Sec. 12, T3N, R59W

4320

3

SE1/4 SW1/4, Sec. 12, T3N, R59W to SW1/4 SE1/4, Sec. 7, T3N, R58W

3630

4

SW1/4 SE1/4, Sec. 7, T3N, R58W to Corner in SE1/4 SE1/4, Sec. 7, T3N, R58W

3315

5

Corner in SE1/4 SE1/4, Sec. 7, T3N, R58W to SW1/4 NW1/4, Sec. 8, T3N, R58W

2048

6

SW1/4 NW1/4, Sec. 8, T3N, R58W to Sanctuary Headgate in concrete pipe

no shrink

D. Pursuant to the written agreements between Bijou and the landowners, certain augmentation credits are allocated to Bijou, and certain credits are allocated to the landowners. All augmentation credits attributable to diversions under this case will be calculated using the methodologies described above, and then divided between Bijou and the landowners in accordance with those written agreements. The Bijou share of said credits will be used in the Bijou Plan or as excess credits as described above. The landowners share will be used by the landowners, as described in paragraph 7.


9. Name and address of owner of land on which points of diversion and place of use are

located: A: The Bijou Canal headgate is located on land owned by the Bijou Irrigation Company. B: The storage and recharge ponds are located on lands owned by the following individuals,

all of whom have written agreements with the Bijou Irrigation Company which specifically contemplate the filing of this Application:

Ponds Owners McCracken William R. McCracken

12031 MCR T Fort Morgan, CO 80701

Weimer 1, 2, 3, 4 Adam Weimer, Jr. 20405 MCR 13 Fort Morgan, CO 80701

Sanctuary The Sanctuary of Morgan County, Colorado 14587 Highway 34 Fort Morgan, CO 80701

10. Remarks: It is the intent of this Application to adjudicate all elements necessary for the Bijou Irrigation Company to utilize its share of augmentation credits resulting from the exercise of the water rights described above as a supplemental source of augmentation credits for its existing augmentation plan previously decreed in Case Nos. W-2704 and W-9172-78 or as excess credits. Bijou is not seeking any change or modification to its previous augmentation plan decrees. It is not the intent of this Application to adjudicate an augmentation plan to cover any wells not already included in the Bijou Plan. Use of the augmentation credits resulting from this case to cover any well not currently included in the Bijou Plan will be subject to the separate approval of the State Engineer or Water Court.

THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED. YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of October 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.

Documents

2003CW290 ) ALLEN MITCHEK IN LOGAN COUNTY. in the NE1/4 ... · August 2003 resume.doc Page 1 DISTRICT COURT, WATER DIVISION 1, COLORADO AUGUST 2003 WATER RESUME TO: ALL PERSONS INTERESTED