1  

DISTRICT COURT, WATER DIVISION 1, COLORADO APRIL 2016 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of APRIL 2016 for each County affected.

16CW9 JAMES AND MARILYN EDMISTON, 19505.200W #38, Bountiful UT. 84010. 801-292-5964. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 05-31-73 in case W7389 WD 1; Subsequent decree: 12-16-96 in case 96CW510, WD 1. Edmiston Well located NW1/4, NE1/4, S23, T9S, R75W of the 6th PM at a distance 1160 ft. from N and 2220 ft. from E. Street Address: 486 Pueblo Dr., Como, CO. Indian Mountain Subdivision, Lot 71, filing 9. Source: Groundwater. Appropriation date: 5-31-73. Use: in-house, single family dwelling. 16CW10 EDDIE JOE FITZPATRCIK, PO BOX 17160, Boulder, CO 80308. 303-906-5058. APPLICATION FOR FINDING OF REASONABLE DILILGENCE IN PARK COUNTY. Date of original decree: 01-15-04 in case 96CW547, WD 1. Subdequent decree: 04-30-10 in case 10CW5, WD 1. Fitzpatrick Well located NW1/4, NW1/4, S15, T9S, R75W of the 6th PM at a distance 528 ft. from S and 4646 ft. from E. in lot 212, Filing 26, Unit 2, Indian Mountain subdivision, a/k/a 215 Hangmans Court. Source: Groundwater. Appropriation date: 03-31-73. Amount: 15 gpm. Use: Household use only inside single family dwelling not including irrigation. 16CW11 DALE AND DIANE VARNER, 36159 Winchester Rd., Elizabeth, CO 80107. 303-646-9250. APPLICATION FOR UNDERGROUND WATER RIGHTS IN THE DENVER BASIN AQUIFERS IN ELBERT COUNTY. Applicant seeks to adjudicate the well, permit 171558, and to adjudicate the non tributary and not nontributary Denver Basin groundwater underlying a 2.88 acre tract of land lying in the SW1/4, NW1/4, S36, T7S, R65W of the 6th pm including the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers. 16CW12 ROBERT P. AND JOAN MEIRICK, Box 298, Frisco, CO 80443. 970-668-5843. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 01-14-04 in case 96CW545, WD1; subsequent decree: 04-27-10 in case 10CW14, WD1. Meirick Lot 078 Well located NE1/4, SW1/4, S35, T9S, R75W of the 6th PM at a distance 2220 ft. from S and 2560 ft. from W. Street address: 123 Idaho Ct. Indian Mountain subdivision, filing 23. Source: Groundwater. Appropriation date: 03-31-73. Amount: 0.033 cfs (15 gpm), Conditional. Use: Household use only. 16CW3050 Schattinger Land, LLC and Schattinger Ranch, (c/o Brian M. Nazarenus, Esq., Susan M. Ryan, Esq., Matthew K. Tieslau, Esq., RYLEY CARLOCK & APPLEWHITE, 1700 Lincoln Street, Suite 3500, Denver, Colorado 80203; Telephone: (303) 863-7500); APPLICATION FOR ABSOLUTE AND CONDITIONAL SURFACE WATER RIGHTS IN PARK COUNTY. 2. Overview. Applicant owns properties known as Schattinger Ranch and Baker Place in Park County, Colorado. In this Application, Applicant is seeking absolute and conditional surface water rights for irrigation use on the Schattinger Ranch and Baker Place. 3. Legal Description of Schattinger Ranch and Baker Place. 3.1. Schattinger Ranch. A portion of Schattinger Ranch, now known as Tract B, is located in the S1/2 of the S1/4, S1/2 of the SW1/4 of Section 3, part of the N1/2 of Section 10, and part of the W1/2 of the NW1/4 of Section 11, all in Township 8 South, Range 78 West, 6th P.M., Park County, Colorado. Tract B is approximately 486 acres. Another portion of Schattinger Ranch, now known as Tract C, is located in the S1/2 of Section 10, part of the N1/2 of Section 10, part of the W1/2 of the NW1/4 of Section 11, and the W1/2 of the NW1/4 of Section 15, all in Township 8 South, Range 76 West, 6th P.M., Park County, Colorado. Tract C is approximately 492 acres. A map of Schattinger Ranch is attached as Exhibit 1. 3.2. Baker Place. Baker

 

2  

Place is located in the SW1/4 of the NW1/4, the E1/2 of the NW1/4, the NE1/4 of the SW1/4, the W1/2 of the W1/2 of the NE1/4, and the W1/2 of the NW1/4 of the SE1/4, of Section 4, all in Township 8 South, Range 75 West, 6th P.M., Park County, Colorado. Baker Place is approximately 204 acres. A map of Baker Place is attached as Exhibit 2. An overview map of the above parcels is attached as Exhibit 3. 4. Legal Description of Each Point of Diversion. 4.1. Schattinger Ranch Diversion Point 1. Located in the NE1/4 of Section 10, Township 8 South, Range 76 West, 6th P.M., Park County, Colorado. UTM coordinates for this diversion structure are Zone 13, 425382.73 East, 4358972.05 North; the WDID is 2301176. 4.2. Schattinger Ranch Diversion Point 2. Located in the SE1/4 of Section 3, Township 8 South, Range 76 West, 6th P.M., Park County, Colorado. UTM coordinates for this diversion structure are Zone 13, 425489.02 East, 4359151.28 North; the WDID is 2301177. 4.3. Schattinger Ranch Diversion Point 3. Located in the SW1/4 of Section 3, Township 8 South, Range 76 West, 6th P.M., Park County, Colorado. UTM coordinates for this diversion structure are Zone 13, 424412.62 East, 4359540.03 North; the WDID is 2301178. 4.4. Schattinger Ranch Diversion Point 4. Located in the NE1/4 of Section 10, Township 8 South, Range 76 West, 6th P.M., Park County, Colorado. UTM coordinates for this diversion structure are Zone 13, 425361.00 East, 4358676.00 North; the WDID is 2301179. 4.5. Baker Place Diversion Point 5. Located in the NE1/4 of Section 4, Township 8 South, Range 75 West, 6th P.M., Park County, Colorado. UTM coordinates for this diversion Structure are Zone 13, 432429 East, 4360064 North. A map of the diversion points described above is attached as Exhibit 4. 5. Source(s). Volz Gulch (a/k/a Quaken Asp Gulch), Cincinnati Ditch, Mountain Creek, and Antelope Gulch, all of which are tributary to Michigan Creek and from there the South Platte River. 6. Amount(s) Claimed. A total of 1,500 acre-feet per year combined for all diversion points described in paragraph 4 above, at a maximum diversion rate of 3 cubic feet per second at each diversion point. 6.1. Amount Claimed as Absolute. Of the 1,500 acre-feet per year total, 977.5 acre-feet is claimed as absolute. 6.1.1. Date of initial appropriation. May 14, 2015. 6.1.2. How appropriation was initiated. Applicant appropriated this water right by forming the intent to appropriate, coupled with performing overt, physical acts constituting a first step toward diversion and application of the claimed water right to a beneficial use. Applicant has constructed and is currently using the Schattinger Ranch Diversion Points 1-4. The amount claimed as absolute is based on water diverted during the 2015 irrigation season at the Schattinger Ranch Diversion Points 1-4, as described in paragraphs 4.1 through 4.4 above. Records from the District 23 Water Commissioner showing the amounts diverted are attached as Exhibit 5. 6.1.3. Date water first applied to beneficial use. May 14, 2015. 6.2. Amount Claimed as Conditional. Of the 1,500 acre-feet per year total, 522.5 acre-feet is claimed as conditional. 6.2.1. Date of initial appropriation. April 6, 2016. 6.2.2. How appropriation was initiated. Applicant appropriated this conditional water right by forming the intent to appropriate, coupled with performing overt, physical acts constituting a first step toward diversion and application of the claimed water right to a beneficial use. Applicant has demonstrated its intent to appropriate this conditional water right by identifying a location for the Baker Place Diversion Point and by filing this Application. 6.2.3. Date water first applied to beneficial use. Not applicable; conditional water right claimed. 7. Uses Claimed. The water will be used for all irrigation and domestic purposes on Schattinger Ranch and Baker Place. 8. Name and Address of the Owners of the Land Upon which Any New Diversion or Storage Structure, or Modification to any Existing Diversion or Storage Structure is or Will Be Constructed or Upon Which Water is or Will Be Stored Including any Modification to the Existing Pool. Schattinger Land, LLC. (4 pages, 5 exhibits) 16CW3051 APPLICATION DISMISSED, DIVISION 2 APPLICATION. 16CW3052 The Farmers Reservoir and Irrigation Company, 80 South 27th Ave. Brighton, CO 80601. c/o Joseph Dischinger, Beth Ann J. Parsons, Beth Van Vurst, Fairfield and Woods, P.C., 1801 California Street, Suite 2600, Denver, CO 80202. Application for Absolute and Conditional Water Rights in ADAMS AND WELD COUNTIES. Applicant, the Farmers Reservoir and Irrigation Company (“FRICO”) is a mutual ditch and reservoir company that operates a ditch and reservoir system

 

3  

for the benefit of its stockholders. This application involves only the Barr Lake and Milton Lake Divisions of FRICO’s system. To the extent that it does not already have the right to do so, by this application, FRICO seeks to adjudicate water rights to: (1) seepage from Barr Lake that is discharged to the Beebe Seep Canal through the Barr Lake Toe Drains and underflow from Barr Lake that is collected in the Interceptor Ditch below the Barr Lake dam, and (2) natural runoff, drainage, waste, return flows, and seepage water arising in, flowing into, accumulating in, and accruing to the Beebe Seep Canal. The Beebe Seep Canal extends from Barr Lake to Milton Lake. FRICO seeks to use the subject water rights for delivery within its Barr Lake and Milton Lake Divisions to supplement deliveries to its stockholders for irrigation. FRICO will either store water in Barr Lake, via the Beebe Seep Canal Pump Station, or in Milton Lake, or it will put the water to direct use for irrigation through the Bowles Seep Canal and East Neres Canal. 1. Names and Locations of Structures: 1.1 Direct Use Structures 1.1.1 Bowles Seep Canal: The Bowles Seep Canal extends approximately 7.4 miles from the NE1/4 of the NE1/4 of Section 6, Township 1 North, Range 65 West of the 6th P.M. to the NE1/4 of the SW1/4 of Section 31, Township 1 North, Range 65 West of the 6th P.M. in Weld County, Colorado. The Bowles Seep Canal diverts water from the Beebe Seep Canal. 1.1.2. East Neres Canal: The East Neres Canal extends approximately 19.9 miles from the NW1/4 of the SE1/4 of Section 36, Township 5 North, Range 65 West of the 6th P.M. to the SW1/4 of the NE1/4 of Section 10, Township 2 North, Range 65 West of the 6th P.M. in Weld County, Colorado. The East Neres Canal diverts water from the Beebe Seep Canal. 1.2. Storage Structures 1.2.1. Barr Lake: Barr Lake is an off-channel reservoir located upon the whole or parts of Sections 15, 21, 22, 23, 26, 27, 28 and 33, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. The dam is located near the center of Section 23, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado, approximately 2,766 feet south of the North line and 3,078 feet east of the West line of Section 23 extending northwesterly approximately 1.25 miles. Latitude 39º 57’ 1.15” North; Longitude 104º 44’ 25.70” West. Using the Beebe Seep Canal Pump Station, FRICO will deliver natural runoff, drainage, waste, return flows, and seepage water arising in, flowing into, accumulating in, and accruing to Beebe Seep Canal to Barr Lake for storage and subsequent release for irrigation. 1.2.2. Milton Lake: Milton Lake (a/k/a Milton Reservoir) is an off-channel reservoir located in Sections 10, 11, 14, 15, 22, and 23, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. FRICO will deliver natural runoff, drainage, waste, return flows, and seepage water arising in, flowing into, accumulating in, and accruing to the Beebe Seep Canal to Milton Lake for storage and subsequent release for irrigation. 2. Legal Description of Each Point of Diversion. FRICO has diverted or will divert the claimed water at the following locations. A map depicting the diversion points is attached as Exhibit 1. 2.1 The headgate of the Bowles Seep Canal, located in the NE1/4 of the SW1/4 of Section 31, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. This point is shown as Diversion 2 on Exhibit 1. 2.2 The headgate of the East Neres Canal, located in the SW 1/4 of the NE 1/4 of Section 10, Township 2 North, Range 65 West of the 6th P.M., Weld County, Colorado. This point is shown as Diversion 3 on Exhibit 1. 2.3 The inlet to Milton Lake from the Beebe Seep Canal, located near the center of Section 22, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. This point is shown as Diversion 4 on Exhibit 1. 2.4 The Beebe Seep Canal Pump Station, to be located in the NW1/4 of the NW1/4 ofSection 23, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. This point is shown as Diversion 1 on Exhibit 1. 3. Source: Natural runoff, drainage, waste, return flows, and seepage water arising in, flowing into, accumulating in and accruing to FRICO’s Beebe Seep Canal, tributary to the South Platte River. 4. Appropriation Dates: 4.1 July 1, 2010, absolute, for direct use through the Bowles Seep Canal. 4.2 June 23, 2010, absolute, for direct use through the East Neres Canal. 4.3 December 19, 2008, absolute, for storage in Milton Lake. 4.4 April 18, 2016, conditional, for storage in Barr Lake through the Beebe Seep Canal Pump Station. 5. How Appropriation Initiated: 5.1. FRICO’s stockholders have used this water for irrigation purposes after storage in Milton Lake and direct use in the Bowles Seep Canal and East Neres Canal since completion of the enlargement of Barr Lake in 1912. FRICO updated the Barr Lake accounting spreadsheet in 2010 to account separately for diversions of seepage gains at the Bowles Seep Canal and East Neres Canal. Although diversion of natural runoff, drainage, waste, return flows, and seepage water

 

4  

into the Bowles Seep Canal and East Neres Canal occurred prior to 2010, the claimed appropriation dates are based on the dates the accounting demonstrates in-priority diversion of seepage gains at the Bowles Seep Canal and East Neres Canal. Similarly, FRICO developed the Milton Lake accounting spreadsheet in 2008. That accounting spreadsheet accounts for inflows to Milton Lake from the Beebe Seep Canal. Although FRICO stored natural runoff, drainage, waste, return flows, and seepage water accruing to the Beebe Seep Canal in Milton Lake prior to 2008, the claimed appropriation date for storage in Milton Lake is based on the date the accounting demonstrates in-priority storage of flows from the Beebe Seep Canal in Milton Lake. 5.2 Applicant filed this application for a determination of the water rights on April 18, 2016, for conditional storage in Barr Lake via the Beebe Seep Canal Pump Station. 6. Date Water First Applied to Beneficial Use: 6.1. July 1, 2010, for the Bowles Seep Canal. 6.2. June 23, 2010, for the East Neres Canal. 6.3. December 19, 2008, for storage in Milton Lake. 6.4. N/A for Barr Lake and Beebe Seep Canal Pump Station, since these claims are conditional. 7. Amount: 7.1. 30.0 c.f.s. for direct use through the Bowles Seep Canal, of which 11.7 c.f.s. is absolute and 18.3 c.f.s. is conditional. 7.2. 45.0 c.f.s. for direct use through the East Neres Canal, of which 25.0 c.f.s. is absolute and 20.0 c.f.s. is conditional. 7.3. 80.0 c.f.s. and 5,000 a.f. for storage in Milton Lake, of which 80.0 c.f.s. and 4,702 a.f. are absolute and 298 a.f. are conditional. 7.4. 15.0 c.f.s. and 5,000 a.f. for storage in Barr Lake through the Beebe Seep Canal Pump Station, all of which is conditional. 8. Use: FRICO’s stockholders will use the subject water rights for irrigation in all places susceptible to irrigation from the Barr Lake and Milton Lake Divisions of FRICO’s system in Adams and Weld Counties, located generally in Townships 1 South and 1, 2, 3, 4, and 5 North and Ranges 63, 64, 65, and 66 West of the 6th P.M., Weld County, Colorado. Maps depicting the acreage historically irrigated by the subject water rights are attached as Exhibit 2 [Barr Lake Division] and Exhibit 3 [Milton Lake Division]. 9. Name and Address of the Owner of the Land Upon Which Structures are Located: 9.1. Applicant owns and operates all structures described in this Application. 16CW3053 United Water and Sanitation District, acting by and through the United Water Acquisition Enterprise (“United” or the “Applicant”), c/o Robert Lembke, 8301 East Prentice Ave., #100, Greenwood Village, Colorado 80111, (303) 775-1005. APPLICATION FOR CONDITIONAL A CONDITIONAL STORAGE RIGHT AND A CONDITIONAL RIGHT OF EXCHANGE–HIGHLANDS RESERVOIR IN ADAMS, ARAPAHOE, DENVER, DOUGLAS, ELBERT, MORGAN AND WELD COUNTIES. Please send all pleadings and correspondence to: Tod J. Smith, Esq., Law Office of Tod J. Smith, LLC, 2919 Valmont Road, Suite 205, Boulder, Colorado 80301, tod@tjs-law.com, (Attorney for Applicant). 2. Description of Conditional Water Storage Right. 2.1. Name of Structure: Highlands Reservoir. Highlands Reservoir is an off-channel reservoir located in the NW1/4 of Section 32, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. A map showing the location of Highlands Reservoir is attached as Exhibit 1. Water will be diverted from the South Platte River at the diversion facilities described below in paragraphs 2.2.1 and 2.2.2. After water is diverted from the South Platte River it will be delivered to the Highlands Reservoir through the delivery canals in the Farmers Reservoir and Irrigation Company’s (“FRICO”) Barr Lake system. United has the ability to use FRICO’s delivery canals pursuant to contracts and/or agreements between United and FRICO. United has also claimed diversion points in the Beebe Seep Canal as described below in paragraph 2.2.3. United will construct Highlands Reservoir for multiple uses, including, but not limited to: (a) direct use and the augmentation of wells in the Beebe Draw for use on and development of a residential development located in the Beebe Draw pursuant to a contract between United and the landowners; (b) irrigation of lands in the Beebe Draw owned by United or 70 Ranch, LLC; (c) satisfying obligations it may have to the Arapahoe County Water and Wastewater Authority (“ACWWA”) under the Intergovernmental Agreement dated December 15, 2009, and the East Cherry Creek Valley Water and Sanitation District (“ECCV”) under the Amended and Restated Water Supply Agreement dated May 2007; and (d) storage for other entities. 2.2. Name of Diversion Facilities. 2.2.1. United Diversion Facility No. 3. The headgate is on the east bank of the South Platte River in the SW1/4 of Section 26, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado. This Diversion Facility delivers water

 

5  

to the United No. 3 Reservoir, from which water is delivered through the Beebe Pipeline to the Burlington/O’Brien Canal immediately above Barr Lake. From Barr Lake the water will be delivered through FRICO delivery canals in the Beebe Draw to Highlands Reservoir. 2.2.2. Burlington Canal (also known as Burlington/O’Brien Canal). The headgate, pursuant to the decreed changed point of diversion in Case No. 02CW403, is on the east bank of the South Platte River in the NE1/4 of the SW1/4 of Section 14, Township 3 South, Range 68 West of the 6th P.M. in the City and County of Denver, Colorado. The headgate is located at approximately latitude 039° 47’ 24.69” N, longitude 104° 58’ 9.97” W. The UTM coordinates are approximately NAD 1983 UTM Zone 13S 502616.89 mE 4404471.42 mN. The City of Thornton has a September 24, 1981 agreement with FRICO, the Burlington Ditch Land and Reservoir Company, and the Wellington Reservoir Company for use of the first 200 cfs of excess capacity in the Burlington Canal and a July 18, 1985 agreement with the Henrylyn Irrigation District for use of the first 100 cfs of excess capacity in the Burlington Canal. United’s use of the Burlington Canal will be subject to and limited by Thornton’s prior rights. 2.2.3. Beebe Seep Canal. Point(s) of diversion from the Beebe Seep Canal for delivery of water to storage in Highlands Reservoir may be located at one or more of the following locations, all of which will divert surface water only: 2.2.3.1. In the SE1/4 of Section 30, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 2.2.3.2. In the SE1/4 of the NE1/4 of Section 30, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 2.2.3.3. In the W1/2 of the NW1/4 of Section 29, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 2.2.3.4. In the NE1/4 of the NW1/4 of Section 6, Township 1 South, Range 65 West of the 6th P.M., Adams County, Colorado. 2.2.3.5. Final locations of diversion points from the Beebe Seep Canal will be consistent with applicable provisions of the stipulation between Town of Lochbuie and Applicants in Case Nos. 02CW404/03CW442 and 10CW306. 2.3. Source. South Platte River and unappropriated water accruing to the Beebe Seep Canal throughout the length of the Canal from Barr Lake to the point(s) of diversion. 2.4. Amount and Rate Claimed. 2,000 acre-feet conditional, with one refill in the amount of 2,000 acre-feet per year conditional. 2.4.1. United Diversion Facility No. 3. The maximum diversion rate is 250 cfs. 2.4.2. Burlington Canal. The maximum diversion rate is 250 cfs. 2.4.3. Beebe Seep Canal. The maximum diversion rate of seepage water accruing in the Beebe Seep Canal is 15 cfs for each of the diversion points identified in Section 2.2.3 above, and a maximum combined rate of 15 cfs from all Beebe Seep Canal diversions. 2.4.4. The maximum combined rate of diversion into Highlands Reservoir from all diversion points simultaneously is 250 cfs. 2.5.Date of Appropriation. April 19, 2016. 2.6. How Appropriation was Initiated. The appropriation date is based on United’s Board of Directors’ approval of a resolution on April 18, 2016, approving this appropriation (attached as Exhibit 2); the execution of a water supply contract with the owners of the lands on which the water will be used, sometimes referred to as the Highlands Property, dated April 18, 2016; the execution of a water supply contract with 70 Ranch, LLC on February 1, 2016 for the supply of water for irrigation of lands owned by 70 Ranch, LLC; and the filing of this Application as directed by the Resolution. United has conducted engineering studies to determine the feasibility of constructing Highlands Reservoir, has identified the location of Highlands Reservoir as described above in paragraph 2.1.1., and has identified the location of the diversion structures as described in paragraph 2.2. 2.7. Date Water First Applied to Beneficial Use. Not applicable, conditional water right. 2.8. Uses. By this application, United seeks a decree granting the right to use the above-described conditional water right as follows: 2.8.1. Directly or as a source of augmentation and substitute supply for use on lands owned by United and the owners of land in the Beebe Draw sometimes referred to as the Highlands Property to whom United has a contractual obligation to provide water for land development for uses including but not limited to municipal, commercial, irrigation, domestic, storage, exchange, augmentation and replacement, recharge, and substitute supply. The volume of water claimed herein is intended to provide water for the claimed beneficial uses and to protect against periods of drought. 2.8.2. Directly or as a source of augmentation and substitute supply to meet, if required, contractual obligations to ACWWA and ECCV. 2.8.3. Directly or as a source of augmentation and substitute supply for irrigation of the DeSanti Parcel, described below, and other lands owned by United or 70 Ranch, LLC in the Beebe Draw. 2.8.4. United intends to maintain dominion and control over the wastewater effluent and lawn irrigation return flows resulting from use of the subject

 

6  

water rights on the Highlands Property. United asks the Court to decree that it has the right to use, reuse, successively use and dispose of by sale, exchange, augmentation, or otherwise, to extinction all water lawfully diverted and/or impounded, as decreed herein or pursuant to a separate decree. 2.9. Total Capacity. Highlands Reservoir has a currently planned total capacity of 2,800 acre-feet.2.10. Name and Addresses of the Owner of the Storage Structure and the Diversion Facilities Listed Above, and lands on which those facilities will be located. 2.10.1. Highlands Reservoir will be owned by the United Water and Sanitation District, 8301 East Prentice Ave., Suite 100, Greenwood Village, Colorado 80111. 2.10.2. The land on which the Reservoir will be located is currently owned by Highland Equities, L.L.C., 8301 East Prentice Ave., Suite 100, Greenwood Village, Colorado 80111. 2.10.3. The United Water and Sanitation District, 8301 East Prentice Ave., Suite 100, Greenwood Village, Colorado 80111 holds a perpetual easement granted by Henderson Aggregate, LTD for the United Diversion Facility No. 3. The diversion structure is owned by United. 2.10.4. The Burlington Canal (also known as Burlington/O’Brien Canal) and the Beebe Seep Canal are owned by FRICO, 80 South 27th Avenue Brighton, Colorado 80601. 2.10.5. Barr Lake and the canals which will be used to deliver water to Highlands Reservoir are owned by FRICO. 2.10.6. The land on which the proposed diversion point from the Beebe Seep Canal, described in Paragraph 2.2.3.1 above, may be located is owned by one or more of Edmundson Land, LLC (P.O. Box 932, Brighton, Colorado 80601) and Public Service Company of Colorado (P.O. Box 1979, Denver, Colorado, 80201). 2.10.7. The land on which the proposed diversion point from the Beebe Seep Canal, described in Paragraph 2.2.3.2 above, may be located is owned by one or more of Vicki and David Pelletier (3851 E. Geddes Ave., Centennial, Colorado 80122) and Weld County, Colorado (1150 O St., Greeley, Colorado 80631). 2.10.8. The land on which the proposed diversion point from the Beebe Seep Canal, described in Paragraph 2.2.3.3 above, may be located is owned by one or more of Len Pettinger (18437 County Road 8, Brighton, Colorado 80603) and Town of Lochbuie, Colorado (703 County Road 37, Brighton, Colorado 80603). 2.10.9. The land on which the proposed diversion point from the Beebe Seep Canal, described in Paragraph 2.2.3.4 above, may be located is owned by Mile High Duck Club c/o Brown and Locke P.C. (1720 S. Bellaire St., Ste. 405, Denver, Colorado 80222). 3. Description of Conditional Exchange Rights. 3.1. Background. United seeks conditional appropriative rights of exchange along the Beebe Seep Canal as set forth below. 3.2. Exchange-From Points. 3.2.1. Highlands Reservoir. Highlands Reservoir is located in the Beebe Draw as described above in Paragraph 2.1.1 as shown in Exhibit 1. Water will be released to the Beebe Seep Canal through the outlet works of Highlands Reservoir. The location of the outlet structure for Highlands Reservoir has not been finally determined. The preliminary design anticipates that the Reservoir will be gravity drained under Weld County Road 39 into the existing drainage that has pipe crossings of the railroad and Interstate 76 and then flows west on the south side of WCR 4 to the Beebe Draw in the NW1/4 of the NE1/4 of Section 31, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. An inlet structure from the Beebe Seep Canal, the potential locations of which are described above in paragraph 2.2.3, may be designed to also deliver water from Highlands Reservoir to the Beebe Seep Canal, and as an outlet structure it would also be an exchange-from point. 3.2.2. Lochbuie Wastewater Treatment Plant. The Town of Lochbuie has a contractual obligation to provide wastewater treatment services for the Highlands Property, and the outlet of the Lochbuie wastewater treatment plant to the Beebe Seep Canal may be an exchange-from point. The Lochbuie wastewater treatment plant is located in the NE1/4 of the NW1/4 of the NW1/4 of Section 29, Township 1 North, Range 65 West, 6th P.M. 3.2.3. Accretion Point for Lawn Irrigation Return Flows. Lawn irrigation return flows resulting from the irrigation of lawns and public spaces in the Highlands Development will accrete to one or more points in the Beebe Draw from which United will exchange the return flows. The accretion points and quantities of return flows will be determined in a future water court proceeding. 3.3. Exchange-To Points. 3.3.1. Barr Lake. Barr Lake is located in portions of Sections 15, 21, 22, 23, 26, 27, 28, and 33, Township 1 South, Range 66 West, 6th P.M., Weld County, Colorado. 3.3.2. Toe of Barr Lake Dam. The toe of Barr Lake Dam is located in the NW1/4 of Section 23, Township 1 South, Range 66 West, 6th P.M., Weld County, Colorado, approximately 390 feet from the North section line and 930 feet from the West section line. 3.3.3. DeSanti Headgate. The headgate for the DeSanti Recharge Pond is located on the DeSanti Parcel, which

 

7  

is located in the SE1/4 of Section 11, Township 1 South, Range 66 West, 6th P.M., Adams County, Colorado. 3.3.4. Highlands Reservoir Beebe Seep Canal Diversion(s). The Highlands Reservoir Beebe Seep Canal diversion points are located in the Beebe Draw as described in Paragraph 2.2.3 above. Water will be exchanged to these points from the Highlands wastewater treatment plant and the accretion point(s) for Highlands lawn irrigation return flows. 3.4. Sources of Substitute Supply. 3.4.1. Water stored in Highlands Reservoir pursuant to the conditional water storage right described in Paragraph 2 above. 3.4.2. Other water owned or leased by United stored in Highlands Reservoir if decreed for such uses. 3.4.3. Reusable, consumable effluent from the use of water in the Highlands Development. 3.4.4. Lawn irrigation return flows from irrigation in the Highlands Development when quantified in a future water court proceeding. 3.5. Maximum Exchange Rate. 50 cfs. 3.6. Date of Appropriation. April 19, 2016. 3.6.1. How Appropriation was Initiated. The appropriation date is based on United’s Board of Directors’ approval of a resolution on April 18, 2016, approving this appropriation (attached as Exhibit 2); the execution of a water supply contract with the owners of the lands on which the water will be used, sometimes referred to as the Highlands Property, dated April 18, 2016; the execution of a water supply contract with 70 Ranch, LLC on February 1, 2016 for the supply of water for irrigation of lands owned by 70 Ranch, LLC; and the filing of this Application as directed by the Resolution. United has conducted engineering studies to determine the feasibility of constructing Highlands Reservoir, has identified the location of Highlands Reservoir as described above in paragraph 2.1.1., and has identified the location of the diversion structures as described in paragraph 2.2. 3.7. Date Water First Applied to Beneficial Use. Not applicable, conditional water right. 3.8. Uses. The water exchanged pursuant to this conditional exchange right will be used for the purposes described in Paragraph 2.8 above. 3.9. Name and Addresses of the Owner of the Exchange-From and the Exchange-To Points Listed Above. See Paragraph 2.10 above. The Town of Lochbuie owns the Lochbuie wastewater treatment plant. (8 pages, 2 exhibit) 16CW3054 Winston and Verona Friedly, 11962 Huckleberry Drive, Franktown, CO 80116 (James J. Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS, ELBERT COUTNY. 20 acres being Lot 4, Robinson Minor Subdivision, located in the NW1/4SW1/4 of Section 34, T7S, R65W of the 6th P.M., Elbert County, as shown on Attachment A hereto ("Subject Property"). Source of Water Rights: The Upper Dawson aquifer is not nontributary as described in Sections 37-90-103(10.7), C.R.S., and the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers are nontributary as described in Section 37-90-103(10.5), C.R.S. Estimated Amounts: Upper Dawson: 5.8 acre-feet, Lower Dawson: 2.8 acre-feet, Denver: 6.3 acre-feet, Arapahoe: 8.4 acre-feet, Laramie-Fox Hills: 6.1acre-feet. Proposed Use: Domestic, commercial, industrial, irrigation, agriculture, livestock watering, fire protection, and augmentation purposes, including storage, both on and off the Subject Property. Description of plan for augmentation: Groundwater to be augmented: 2 acre-feet per year of Upper Dawson aquifer groundwater as requested herein. Water rights for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. Statement of plan for augmentation: The Upper Dawson aquifer water will be used through individual wells to serve 2 residences at rates of flow not to exceed 15 gpm. Each well will withdraw 1 acre-foot annually for inhouse use (0.35 acre-feet), irrigation of 10,500 square-feet of lawn, garden, and trees (0.6 acre-feet), stockwatering of up to 4 large domestic animals (0.05 acre-feet). Applicants reserve the right to amend these amounts and values without amending the application or republishing the same. Sewage treatment for inhouse use will be provided by non-evaporative septic systems and return flow from inhouse and irrigation use will be approximately 90% and 15% of that use, respectively. During pumping Applicants will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c.5), C.R.S. Depletions occur to the Cherry Creek stream system and return flows accrue to the South Platte River via Cherry Creek and those return flows are sufficient to replace actual depletions while the subject

 

8  

groundwater is being pumped. Applicants will reserve an equal amount of nontributary groundwater underlying the Subject Property to meet post pumping augmentation requirements. Further, Applicants pray that this Court grant the application and for such other relief as seems proper in the premises. (6 pages). 16CW3055 TAMMY MICHELLE DEVINE, P.O. Box 2137, Fairplay, Colorado 80440. Please direct all correspondence concerning this Application to: Aaron Ladd, Esq., and Andrea Kehrl, Esq., Vranesh and Raisch, LLP, 1720 14th St., Suite 200, Boulder, CO 80302. APPLICATION FOR CORRECTION FOR AN ESTABLISHED BUT ERRONEOUSLY DESCRIBED POINT OF DIVERSION PURSUANT TO § 37-92-305(3.6), C.R.S. IN PARK COUNTY. 2. Decreed water right for which correction is sought: A. Name of structure: The Devine Well No. 1. The water right decreed to the Devine Well No. 1 is referred to below as the “Devine Well No. 1 Water Right.” B. Date of original and all relevant subsequent decrees: The Devine Well No. 1 Water Right was originally decreed in Case No. 07CW147, District Court, Water Division No. 1, entered April 1, 2010 (the “07CW147 Decree”). The first sexennial application for a finding of reasonable diligence for, and to make absolute portions of, the Devine Well No. 1 Water Right is pending in Case No. 16CW3044, District Court, Water Division No. 1. C. Legal description of structure as described in most recent decree that adjudicated the location: The Devine Well No. 1 is presently decreed as being “located in the NW 1/4 NW 1/4 of Section 8, Township 10 South, Range 77 West, 6th P.M., Park County, at a point approximately 250 feet from the North Section line and 675 feet from the West Section line of said Section 8. It can also be described as being located on Lot 270 of the Foxtail Pines Subdivision, Filing 2, with a street address of 287 Sleepy Grass Court, Fairplay, Colorado.” 07CW147 Decree, paragraph 6. Both the erroneously described location and the established actual location of the Devine Well No. 1 are shown on the map attached to the Application as Exhibit A. Lot 270 of the Foxtail Pines Subdivision, Filing 2, is referred to below as “Applicant’s Lot.” D. Decreed source of water: Ground water that is tributary to Four Mile Creek and the South Fork of the South Platte River. E. Appropriation Date: May 21, 1982. F. Total amount decreed to structure in gallons per minute (gpm) or cubic feet per second (cfs): 15 gpm, of which 4 gpm is absolute and 11 gpm is conditional. G. Decreed uses: The decreed uses are ordinary household purposes inside a single-family dwelling and fire protection, which were decreed as absolute uses in Case No. 07CW147, and the watering of livestock and domestic animals, the irrigation of lawns and gardens, and the maintenance of a hot tub, which were decreed as conditional uses in Case No. 07CW147. H. Amount of water decreed absolute: 4 gpm. 3. Detailed description of proposed correction to an established but erroneously described point of diversion: A. Complete statement of correction to an established but erroneously described point of diversion, including whether it is erroneously described: Applicant seeks to correct the erroneously described point of diversion for the Devine Well No. 1 in the 07CW147 Decree to reflect the established actual location of the Devine Well No. 1 as described further below. The erroneously described location in the 07CW147 Decree includes the correct 1/4 1/4, Section, Township, Range, County, lot, subdivision and street address; only the distances from section line are incorrect. Applicant believes that the erroneously described point of diversion due to incorrect distances from section line in the 07CW147 Decree was a clerical error. Applicant only became aware of the mistake this month under the circumstances described below. Accordingly, and as described below, the Devine Well No. 1 satisfies all requirements of C.R.S. § 37-92-305(3.6) for correcting an established but erroneously described point of diversion: (1) Applicant is the owner and user of the Devine Well No. 1 Water Right decreed in Case No. 07CW147. The Devine Well No. 1 Water Right is augmented pursuant to the augmentation plans decreed in Case No. W-8480-77, District Court, Water Division No. 1, as amended, and Case No. 07CW147. (2) This Application is filed within three years after Applicant became aware of the issue. Applicant first became aware that the decreed legal description for the Devine Well No. 1 was erroneously described on April 13, 2016. Applicant had applied for a replacement well permit for the Devine Well No. 1 pursuant to paragraphs 27 and 33 of the 07CW147 Decree; in that process, the State Engineer’s Office (“SEO”) informed Applicant that the distances from section line used in the 07CW147 Decree did not plot on Applicant’s Lot. Applicant field-verified the established actual location of the well

 

9  

using GPS and determined that the distances from section line provided in the 07CW147 Decree did not accurately describe the established location. Nevertheless, the erroneously described location in the 07CW147 Decree includes the correct 1/4 1/4, Section, Township, Range, County, lot, subdivision and street address. See Exhibit B, 07CW147 Decree. (3) The established actual location of the Devine Well No. 1 is more than 200 feet away from the erroneously described location of the well. Specifically, it is approximately 270 feet away from the decreed location containing the erroneous distances from section line in the 07CW147 Decree. (4) In addition, the incorrect distances from section line in the 07CW147 Decree would incorrectly place the Devine Well No. 1 on a lot adjacent to Applicant’s Lot in the Foxtail Pines Subdivision, Filing 2, which is inconsistent with the second part of the decreed location specifying that the well is located on Applicant’s Lot. The established location of the Devine Well No. 1 is on Applicant’s Lot, not the adjacent lot. (5) The existing Devine Well No. 1 well structure is in place and operational, and upon information and belief, the established Devine Well No. 1 structure has been used to divert ground water since it was constructed in July of 1983. See Exhibit C, Well Completion and Pump Installation Report for the original well permit for the Devine Well No. 1, Well Permit No. 25918-F. (Note that the structure for the Devine Well No. 1 Water Right was not named the Devine Well No. 1 until entry of the 07CW147 Decree.) Thus, the established actual location of the well predates the entry of the erroneously described location provided in the 07CW147 Decree, which was entered on April 1, 2010, and has been at the same physical location since. (6) Applicant has diverted and continues to divert ground water from the Devine Well No. 1 with the intent to divert the Devine Well No. 1 Water Right. (7) This Application does not include, and will not be consolidated or joined with, any claim or action by Applicant seeking any type of change of water right or diligence proceeding or application to make absolute with respect to the water right or rights included in this Application. As aforementioned, Applicant has an Application for Finding of Reasonable Diligence and to Make Absolute for the Devine Well No. 1 Water Right pending in Case No. 16CW3044. If Applicant obtains a decree in this case prior to entry of a decree in Case No. 16CW3044, Applicant will seek to use the corrected legal description established in this case in the final decree in Case No. 16CW3044, consistent with the resume notice for that case which provided the correct 1/4 1/4, Section, Township, Range, County, lot, subdivision and street address for the established actual location of the well. (8) Applicant does not seek herein to quantify or requantify the Devine Well No. 1 Water Right. B. The legal description of the corrected point of diversion: The Devine Well No. 1 is located in the NW1/4 NW1/4 of Section 8, Township 10 South, Range 77 West, 6th P.M., Park County, at a point approximately 10 feet from the North section line and 795 feet from the West section line. Distances from section line were measured electronically using ArcGIS. The UTM GPS coordinates are Northing 4339718.3, Easting 411133.5, UTM13, NAD83. It can also be described as being located on Lot 270 of the Foxtail Pines Subdivision, Filing 2, with a street address of 287 Sleepy Grass Court, Fairplay, Colorado 80440. Both the erroneously described decreed location, set forth in Section 2.C. above, and the established actual location of the Devine Well No. 1, set forth in this Section 3.B., are shown on the map attached to the Application as Exhibit A. 4. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Applicant owns the property on which the Devine Well No. 1 is actually located, and no new diversion or storage structure, or modification to any existing diversion or storage structure, is or will be constructed based on this Application. WHEREFORE, pursuant to C.R.S. § 37-92-305(3.6), Applicant respectfully requests that the Court enter a decree granting the correction of legal description as set forth herein and such other relief as it deems proper. (6 pages) 16CW3056 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF CLEAR CREEK (“Clear Creek County”), c/o Berten R. Weaver, Water Resources Manager, P.O. Box 2000, Georgetown, CO 80444; and CLEAR CREEK ECONOMIC DEVELOPMENT CORPORATION, P.O. Box 2030, Georgetown, CO 80444. Please direct all correspondence concerning this Application to Paul Zilis, Esq., Aaron Ladd, Esq., and Andrea Kehrl, Esq., Vranesh and Raisch, LLP, 1720 14th St., Suite 200, Boulder,

 

10  

CO 80302, With a copy to Robert G. Cole, Collins, Cockrel and Cole, P.C., 390 Union Blvd., Ste. 400, Denver, Colorado 80228-1556. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN CLEAR CREEK COUNTY. 2. Names of structures: Clear Creek Reservoir No. 2, Clear Creek Reservoir No. 3 and Clear Creek Reservoir No. 4; Clear Creek Diversion Structure A, Clear Creek Diversion Structure B and Clear Creek Diversion Structure D. 3. Description of conditional water rights: A. Date of original decree: Case No. 00CW265, District Court, Water Division No. 1, State of Colorado, entered on October 28, 2003. B. Subsequent decrees awarding findings of reasonable diligence: Case No. 09CW156, District Court, Water Division No. 1, State of Colorado, entered on April 6, 2010. C. Legal description of the structures: (1) Location of Dams: a. Clear Creek Reservoir No. 2: NE1/4 NE 1/4, Section 3, T4S, R72W, 6th P.M., at a point approximately 1,350 feet from the East Section line and 200 feet from the North Section line of said Section 3. b. Clear Creek Reservoir No. 3: SW1/4 NW1/4, Section 34, T3S, R72W, 6th P.M., at a point approximately 850 feet from the West Section line and 2,200 feet from the North Section line of said Section 34. c. Clear Creek Reservoir No. 4: SW1/4 NW1/4, Section 34, T3S, R72W, 6th P.M., at a point approximately 300 feet from the West Section line and 1,800 feet from the North Section line of said Section 34. (2) Clear Creek Reservoirs Nos. 2-4 are all located on tributaries of Clear Creek. In addition to the natural inflows into the reservoirs, the following points of diversion from Clear Creek will be used to fill the reservoirs: a. Clear Creek Diversion Structure A: SW 1/4 SE1/4, Section 34, T3S, R72W, 6th P.M., at a point approximately 1,900 feet from the East Section line and 450 feet from the South Section line of said Section 34. Clear Creek Diversion Structure A will be used to fill Clear Creek Reservoir No. 2. b. Clear Creek Diversion Structure B: NE1/4 SW1/4, Section 34, T3S, R72W, 6th P.M., at a point approximately 1,400 feet from the West Section line and 2,050 feet from the South Section line of said Section 34. Clear Creek Diversion Structure B will be used to fill Clear Creek Reservoirs Nos. 3 and 4. c. Clear Creek Diversion Structure D: NE1/4 NE1/4, Section 3, T4S, R72W, 6th P.M., at a point approximately 500 feet from the East Section line and 850 feet from the North Section line of said Section 3. Clear Creek Diversion Structure D will be used to fill Clear Creek Reservoir No. 2. See Exhibit A for a map of the reservoirs and diversion points. D. Sources of water: (1) Clear Creek Reservoir No. 2: Natural inflows from Johnson Gulch, a tributary to Clear Creek; and the mainstem of Clear Creek through Clear Creek Diversion Structures A and D. (2) Clear Creek Reservoir No. 3: Natural inflows from an unnamed tributary to Clear Creek; and the mainstem of Clear Creek through Clear Creek Diversion Structure B. (3) Clear Creek Reservoir No. 4: Natural inflows from an unnamed tributary to Clear Creek; and the mainstem of Clear Creek through Clear Creek Diversion Structure B. E. Date of appropriation and amounts: (1) Date of appropriation: December 27, 2000. (2) Amounts: a. Clear Creek Reservoir No. 2: 30 acre-feet. b. Clear Creek Reservoir No. 3: 65 acre-feet. c. Clear Creek Reservoir No. 4: 55 acre-feet. d. Clear Creek Diversion Structure A: 2.0 cfs. e. Clear Creek Diversion Structure B: 2.0 cfs. f. Clear Creek Diversion Structure D: 2.0 cfs. F. Use: All municipal purposes, including fire protection, irrigation of lawns, gardens and parks, domestic, commercial, industrial, recreational, fish and wildlife propagation, reservoir evaporation replacement, augmentation, and the right of reuse. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to beneficial use as conditionally decreed, including expenditures, during the previous diligence period: A. The water rights subject hereto are part of an integrated system operated by Applicants for use of water within Clear Creek County, which system includes other reservoirs, exchanges, and senior water rights. B. The water rights subject hereto have been incorporated into Clear Creek County’s basin-wide augmentation plan in Case No. 05CW302, which was prosecuted during this diligence period and decreed on June 20, 2014 (hereinafter, “Basin-Wide Augmentation Plan”). There were 24 Opposers in that case and Clear Creek County expended in excess of $600,000 in legal and engineering fees during the diligence period. The water rights subject hereto and the basin-wide augmentation plan will be essential for providing water for use within Clear Creek County. C. During the diligence period, Clear Creek County operated the Basin-Wide Augmentation Plan prior to its adjudication in annual Substitute Water Supply Plans and under the decree in Case No. 05CW302 since it was issued on June 20, 2014. Clear Creek County has provided detailed accounting and has maintained existing facilities at significant cost to the County. D. Water

 

11  

rights for exchanges to fill Clear Creek Reservoirs Nos. 3 and 4 were prosecuted and decreed by the Applicants during the diligence period in Case No. 02CW310. The decree in that case was entered on October 20, 2010. E. Clear Creek County participated in numerous Basin Roundtable discussions during the diligence period and the reservoirs subject hereto were included in the Colorado Water Plan by Clear Creek County in the Basin Implementation Plan for purposes of funding the studies and construction of these facilities through the Identified Project and Process (“IPP”). The estimated costs for construction were based upon a previous engineering feasibility study of the reservoirs. F. The water rights subject hereto were included in Clear Creek County’s Strategic Water Plan which was prepared during the diligence period. G. The Applicants have also pursued water rights and have received decrees for other integrated components of its water system during this diligence period. Those components include the Upper Johnson Gulch Reservoir, a decree for which was issued in Case No. 02CW309 on January 26, 2011; Grizzly Gulch Reservoir, a decree for which was issued in Case No. 05CW303 on August 17, 2011; Guanella Reservoir Exchange, a decree for which was issued in Case No. 05CW304 on July 25, 2011; Green Lake, decrees for which were issued to Clear Creek County and the City of Blackhawk in Case No. 09CW277 on October 15, 2012 and in Case No. 13CW3170 on October 1, 2014; and Ball Placer Reservoir, Leavenworth Reservoir No. 1, Leavenworth Reservoir No. 2, Bakerville Reservoir No. 1, Bakerville Reservoir No. 2 and Ball Placer Pipeline, a diligence decree for which was issued in Case No. 13CW3170. H. During the diligence period, Clear Creek County monitored and participated in water quality matters on Clear Creek as they relate to the development and operation of the Applicants’ integrated system. I. Clear Creek County expended in excess of $125,000 in legal and engineering fees for the activities described in Paragraphs 4.C, D, E, F, G and H above during the diligence period. J. During the diligence period, Clear Creek County purchased water rights for augmentation purposes in the Vidler Tunnel water system at a cost of approximately $150,000 which can be stored in the reservoirs subject hereto pursuant to the Decree in Case No. 05CW302. Clear Creek County also purchased the contractual right to store water in Guanella Reservoir, which is part of the integrated system referenced herein, at a cost of approximately $472,000. K. Clear Creek County opposed approximately 12 Water Court applications to protect its water rights and expended approximately $45,000 in legal and engineering fees in doing so. 5. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Clear Creek County, P.O. Box 2000, Georgetown, CO 80444; Colorado Department of Transportation (“CDOT”), 4201 E. Arkansas, Denver, CO 80222-3400; Albert and Mary Jane Frei Irrevocable Trust Dated June 29, 1995, c/o W. Robert Arnold, Trustee, P.O. Box 700, Henderson, CO 80640. 6. Remarks or other pertinent information: A. Diversion Structures A and B will be located on lands owned by CDOT only after all necessary approvals from that state agency. In the event that Applicants need to access CDOT right-of-way for any purpose, Applicants shall obtain a utility permit (or any other required instrument) from CDOT. B. The land underlying Clear Creek Reservoirs Nos. 3 and 4 and portions of Clear Creek Diversion Structure B was sold to the Albert and Mary Jane Frei Irrevocable Trust Dated June 29, 1995 during the diligence period. However, the County specifically reserved the necessary rights and interests to construct the reservoirs, and the diversion structure as well as access for construction, maintenance, operation, and repair. (9 pages) 16CW3057 Michael and Virginia Rodman, 42350 London Drive, Parker, CO 80134 (James J. Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION, ELBERT COUNTY. Groundwater to be augmented: 1 acre-foot per year for 100 years of not nontributary Upper Dawson aquifer groundwater as decreed in Case No. 12CW84, District Court, Water Division 1. Applicants are the owners of 5.4 acres being Lot 83, Parker Hylands Filing 2, which is generally located in the SW1/4SW1/4 of Section 35, T6S, R65W of the 6th P.M., Elbert County, as shown on Attachment A hereto (Subject Property). Water rights to be used for augmentation: Return flows from the use of not nontributary Upper Dawson aquifer water and return flows and direct discharge of nontributary groundwater underlying the Subject Property as also decreed in

 

12  

Case No. 12CW84. Statement of plan for augmentation: The Upper Dawson aquifer groundwater will be used for in house use (0.35 acre-feet), irrigation of 9500 square feet of lawn, garden, and trees (0.55 acre-feet per year), and stockwatering of up to 8 large domestic animals (0.1 acre-feet). Applicants reserve the right to revise these amounts and uses without having to amend or republish this application. Sewage treatment for in house use will be provided by a non-evaporative septic system. Return flows associated with in house use will be approximately 90% of water used for that purpose and return flow associated with irrigation use will be approximately 15% of water used for that purpose. During pumping Applicants will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c.5), C.R.S. Applicants estimate that depletions occur to the Coal Creek stream system. Return flows from use of the subject water rights from in house and irrigation use will accrue to the South Platte River system via Coal Creek and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicants will reserve an equal amount of nontributary groundwater as decreed in Case No. 12CW84 to meet post-pumping augmentation requirements. Further, Applicants pray that this Court grant the application and for such other relief as seems proper in the premises. (4 pages).

16CW3058 City of Aurora, Colorado, acting by and through its Utility Enterprise (“Aurora Water”), 15151 East Alameda Parkway, Suite 3600, Aurora, Colorado 80012-1555, Telephone: 303-739-7370. Please send all pleadings and correspondence to Applicant’s counsel: Steven O. Sims, John A. Helfrich, and Dulcinea Z. Hanuschak, Brownstein Hyatt Farber Schreck, LLP, 410 17th Street, Suite 2200, Denver, CO 80202, Phone: (303) 223-1100, Fax: (303) 223-1111, email: ssims@bhfs.com, jhelfrich@bhfs.com, dhanuschak@bhfs.com. APPLICATION FOR CONDITIONAL WATER STORAGE RIGHT in Adams, Arapahoe, Douglas and Weld Counties. (1) NAME OF STRUCTURE. Aurora-Gilcrest Reservoir (the "Reservoir"). The Reservoir will consist of two interconnected water storage cells, each of which are surrounded by an impermeable bentonite-based slurry wall keyed into the shale bedrock of a reclaimed sand and gravel pit. The Reservoir is located within a part of Section 2, Township 3 North, Range 67 West and Section 35, Township 4 North, Range 67 West of the 6th P.M. in Weld County, Colorado. Application is also made for three conditional surface diversions to fill the Reservoir. See Figure 1. (2) LOCATION. The Reservoir will encompass approximately 570 acres of land and is located within parts of Section 2, Township 3 North, Range 67 West and Section 35, Township 4 North, Range 67 West of the 6th P.M. in Weld County, Colorado, and more specifically described as follows: (a) Cell A: (i) High Water Line Surface Area: 177 acres. (ii) Legal Description of cell: NW1/4 and SE1/4 of Section 2, T3N, R67W, 2,180 feet from the South section line and 1,580 feet from the East section line. See Figure 1. (iii) Volume: 9,900 acre feet, (iv) Maximum Depth: 70 feet. (b) Cell B: (i) High Water Line Surface Area: 112 acres. (ii) Legal Description of cell: NW1/4 and NE1/4 of Section 2, T3N, R67W, 185 feet from the North section line and 1,715 feet from the East section line. See Figure 1. (iii) Volume: 5,300 acre feet. (iv) Maximum Depth: 58 feet. (3) WATER SOURCE FOR RESERVOIR. South Platte River. (4) POINTS OF DIVERSION. (a) Diversion No. 1: Western Mutual Ditch (a.k.a. Hewes Cook Ditch). The headgate of the Western Mutual Ditch is on the east bank of the South Platte River in the SE1/4 of the SW1/4 of Section 11, 230 feet from the South Section Line, 2,510 feet from the West Section Line, in Township 3 North, Range 67 West of the 6th P.M., Weld, County Colorado. No groundwater shall be diverted from or at Diversion No. 1. (b) Diversion No. 2, which has not been constructed, is planned to divert surface water from the South Platte River on the east bank of the South Platte River, adjacent to the Jay Thomas Ditch Diversion Dam, in the NE1/4 of the NW1/4 of Section 11,950 feet from the North Section Line, 1,515 feet from the West Section Line, in Township 3 North, Range 67 West of the 6th P.M., Weld, County Colorado. No groundwater shall be diverted from or at Diversion No. 2. (c) Diversion No. 3, which has not been constructed, is planned to divert surface water from the South Platte River on the south bank of the South Platte River, in the NE1/4 of the SW1/4 of Section 26, Township 4 North, Range 67 West of the 6th P.M., Weld, County, Colorado. No groundwater shall be diverted from or at Diversion No. 3. (5) PRIORITY. (a) Date of Appropriation: April 29, 2016. (b) How Appropriation was Initiated: By acquiring the property, conducting engineering

 

13  

studies for the construction of a water storage facility, and publishing this Application in the Water Division No. 1 resume. (c) Date Water Applied to Beneficial Use: Not applicable, conditional water right. (6) AMOUNT CLAIMED. (a) Aurora-Gilcrest Reservoir: 15,200 acre feet, conditional, total, with the right of one fill and one refill. (b) Diversion No. 1 (Western Mutual Ditch): rate of diversion to storage: 185 cfs, conditional. (c) Diversion No. 2 (South Platte River): rate of diversion to storage: 260cfs, conditional. (d) Diversion No. 3 (South Platte River): rate of diversion to storage: 260 cfs, conditional. (7) PROPOSED USE. (a) Aurora will use the water after storage for all municipal, domestic, commercial and industrial uses, water treatment, fire protection, irrigation, reservoir evaporation replacement, use as supply or substitute supply for augmentation and exchanges decreed for municipal purposes, replacement of return flow obligations; Aurora may use, reuse and successively use to extinction for the same purposes, effluent or return flows remaining after the first use of the water for the uses described above. The place of use of the water will be any area within the existing or future water service area of the City of Aurora, located in Adams, Arapahoe and Douglas Counties, or any extra-territorial area in which the City of Aurora contracts to provide augmentation and/or water service. Recreational, fish and wildlife propagation uses will be confined to the Reservoir. (b) Aurora may fully consume the water diverted after storage and subsequent release, reuse, successive use, further exchange and disposition to the point of extinction. (8) SURFACE AREA OF RESERVOIR AT HIGH WATER LINE. Approximately 289 acres. (a) Cell A: (i) Maximum height of dam: 28 feet. (ii) Length of dam: 10,723 feet. (b) Cell B: (i) Maximum height of dam: 30 feet. (ii) Length of dam: 7,408 feet. (9) TOTAL CAPACITY OF RESERVOIR. 15,200 acre feet, conditional (maximum volume, assumes no freeboard and no dead volume). (10) NAMES AND ADDRESSES OF OWNERS OF LAND ON WHICH STRUCTURE FOR THE WATER RIGHT IS LOCATED. (a) Public Service Company of Colorado, PO Box 197, Denver, CO 80201-1979. (b) United Milliken Reservoir Enterprise, LLC, 8301 E. Prentice Ave, Suite 100, Greenwood Village, CO 80111. (c) Western Mutual Ditch Company, c/o Frank Eckhardt, Jr., 21454 Weld County Road 33, LaSalle, CO 80645. (11) OTHER PERTINENT INFORMATION: Aurora will not seek to use any property or point of diversion that Aurora does not own until it has obtained the legal right to do so.

16CW3059 United Water and Sanitation District, acting by and through the United Water Acquisition Enterprise (“United” or the “Applicant”), c/o Robert Lembke, 8301 East Prentice Ave., #100, Greenwood Village, Colorado 80111, (303) 775-1005. APPLICATION FOR CONDITIONAL WATER STORAGE AND EXCHANGE RIGHTS, AND FOR APPROVAL OF AN AUGMENTATION PLAN IN ADAMS, ARAPAHOE, DENVER, DOUGLAS, ELBERT, MORGAN AND WELD COUNTIES. Please send all pleadings and correspondence to: Tod J. Smith, Esq., Law Office of Tod J. Smith, LLC, 2919 Valmont Road, Suite 205, Boulder, Colorado 80301, tod@tjs-law.com, (Attorney for Applicant). 2. Description of Conditional Water Storage Right – Milliken (f/k/a Gilcrest) Reservoir. 2.1. Name of Structure: Milliken Reservoir. Milliken Reservoir, formerly known as Gilcrest Reservoir, is a lined off-channel reservoir located within a part of Section 2, Township 3 North, Range 67 West and Sections 23, 26, 34, and 35, Township 4 North, Range 67 West of the 6th P.M. in Weld County, Colorado. Milliken Reservoir will consist of a series of lined, interconnected gravel pit cells, one of which has been lined, approved by the State Engineer, and currently stores water. A map showing the location of Milliken Reservoir is attached as Exhibit 1. Water will be diverted from the South Platte River at the diversion facilities described below in paragraph 2.2. 2.2. Diversion Facilities. 2.2.1. South Diversion. A point of diversion for Milliken Reservoir may be located adjacent to the Jay Thomas Ditch Diversion Dam on the east bank of the South Platte River in the NW1/4 of the NW1/4 of Section 11, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado (referred to as the “South Diversion”). A diversion facility at the Jay Thomas Ditch Diversion Dam will only be constructed and used by United pursuant to an agreement with the owner, Public Service Company of Colorado. 2.2.2. North Diversion. A point of diversion for Milliken Reservoir may be located on the South Platte River downstream of the confluence with the St. Vrain River in the NE1/4 of the SW1/4 of Section 26, Township 4 North, Range 67 West of the 6th P.M., Weld County Colorado

 

14  

(referred to as the “North Diversion”). A diversion facility at this point of diversion will only be constructed and used by United pursuant to an agreement with the owner, United Milliken Reservoir Enterprise, L.L.C. 2.2.3. Milliken Pumps. A pump is currently located in the SW1/4 of the SW1/4 of Section 35, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. A pump may also be constructed near the confluence of the South Platte River and the St. Vrain River in Section 34, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. 2.2.4. Western Mutual Ditch Headgate. The point of diversion for the Western Mutual Ditch Headgate is located on the South Platte River in the SE1/4 of the SW1/4 of Section 11, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado. Water will be delivered to Milliken Reservoir through an interconnect between the Western Mutual Ditch and the Reservoir. The Western Mutual Ditch is owned by the Western Mutual Ditch Company, P.O. Box 282, LaSalle, Colorado, 80645, and water diverted pursuant to a decree entered in this case will require a written agreement with the Western Mutual Ditch Company. 2.2.5. The aggregate diversion rate for any or all of the points of diversion described above will not exceed 260 cfs. Diversion structure capacities may be larger than 260 cfs for diversion of other water that can be lawfully stored in Milliken Reservoir under other decreed water rights. The design and locations of the proposed diversion facilities have not been finalized to provide distances from section lines and may change. United may correct the locations of the diversion structures as designs are finalized. 2.3. Outlet Structures. 2.3.1. Milliken Reservoir Outlet Structures. Milliken Reservoir has several outlets with the capability of returning water to the South Platte River at the following locations: (1) the SE1/4 of the NW1/4 of Section 2, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado; (2) the NW1/4 of the NW1/4 of Section 35, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado; and (3) the SW1/4 of the NE1/4 of Section 26, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. 2.3.2. The North Diversion structure described in Paragraph 2.2.2 above can also operate as an outlet from Milliken Reservoir. 2.4. Source. South Platte River. 2.5. Amount and Rate Claimed. 3,000 acre-feet conditional, with one refill in the amount of 3,000 acre-feet per year conditional. The designed intake rate is approximately 260 cfs. 2.6. Date of Appropriation. February 1, 2016. 2.7. How Appropriation was Initiated. The appropriation date is based on United’s execution of a contract allowing it to store water in Milliken Reservoir, dated February 1, 2016; and the execution of water supply contracts obligating United to provide water to 70 Ranch, LLC and 70 Ranch Resource Development, LLC, also dated February 1, 2016. These agreements were disclosed to all parties in Case Nos. 13CW3180, 13CW3182, 13CW3183, and 14CW3173, the applications for which were subsequently withdrawn pursuant to the Water Court Order dated April 21, 2016. 2.8. Date Water First Applied to Beneficial Use. Not applicable, conditional water right. 2.9. Total Capacity. Milliken Reservoir has a currently planned total capacity of approximately 18,465 acre-feet, which may change upon completion of the Reservoir. 2.10. Uses. The water rights claimed herein will be used, in conjunction with the water rights claimed for 70 Ranch Reservoir, as described below in Paragraph 6. 2.11. Name and Addresses of the Owner of the Storage Structure and the Diversion Facilities Listed Above, and lands on which those facilities will be located. 2.11.1. Milliken Reservoir. Milliken Reservoir and its diversion and outlet facilities are owned by United Milliken Reservoir Enterprise, L.L.C. (8301 E. Prentice Ave. Suite 100, Greenwood Village, Colorado, 80111). United executed a Water Storage Lease Agreement on February 1, 2016 that authorizes it to store water in Milliken Reservoir. 2.11.2. Jay Thomas Ditch Diversion Structure. The Jay Thomas Diversion Structure and the land on which it is located are owned by the Public Service Company, d/b/a Xcel Energy, Inc. 1800 Larimer Street, Suite 1300, Denver, Colorado 80202. The Applicant will not construct a diversion structure for Milliken Reservoir at the Jay Thomas Diversion site or utilize land or structures owned by Public Service Company, until it has acquired the legal right to do so. 2.11.3. Western Mutual Ditch. The Western Mutual Ditch Company owns the Western Mutual Ditch, including its headgate. The address of the Western Mutual Ditch Company is P.O. Box 282, LaSalle, Colorado, 80645. 3. Description of Conditional Water Storage Right – 70 Ranch Reservoir 3.1. Name of Structure: 70 Ranch Reservoir. 70 Ranch Reservoir will be a lined off-channel reservoir located in the S1/2 of Section 3, Township 4 North, Range 63 West of the 6th P.M., and a portion of the NE1/4 of Section 10, Township 4 North, Range 63 West of the 6th P.M., all in Weld

 

15  

County, Colorado. 70 Ranch Reservoir is currently under construction. A map showing the location of 70 Ranch Reservoir is attached as Exhibit 2. Water will be diverted from the South Platte River at the diversion facilities described below in paragraph 3.2. 3.2. Name of Diversion Facilities and Outlet Structures. 3.2.1. Surface Diversion. The surface diversion facility for the 70 Ranch Reservoir will be located in the NW1/4 of the SE1/4 of Section 34, Township 5 North, Range 63 West of the 6th P.M. in Weld County, Colorado. The exact location of the surface diversion may change upon completion of the design. 3.2.2. 70 Ranch Reservoir Outlet Structures. The preliminarily designed outlet structure for 70 Ranch Reservoir will allow releases from the Reservoir by gravity flow back to the South Platte River at a point in the SE1/4 of Section 34, Township 5 North, Range 63 West of the 6th P.M. in Weld County, Colorado. The exact location of the Outlet Structure may change upon completion of the design. Water may also be released to the Hardin Seep Canal and delivered to the South Platte River through an existing return ditch in the NW1/4 of the NW1/4 of Section 2, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado. 3.3. Source. South Platte River. 3.4. Amount and Rate Claimed. 6,000 acre-feet conditional, with one refill in the amount of 6,000 acre-feet per year conditional. The designed intake rate is approximately 100 cfs, which rate may change upon completion of construction. 3.5. Date of Appropriation. February 1, 2016. 3.6. How Appropriation was Initiated. The appropriation date is based on United’s execution of a contract allowing it to store water in 70 Ranch Reservoir, and the execution of water supply contracts obligating United to provide water to 70 Ranch, LLC and 70 Ranch Resource Development, LLC, dated February 1, 2016. These agreements were disclosed to all parties in Case Nos. 13CW3180, 13CW3182, 13CW3183, and 14CW3173, the applications for which were subsequently withdrawn pursuant to the Water Court Order dated April 21, 2016. 3.7. Date Water First Applied to Beneficial Use. Not applicable, conditional water right. 3.8. Total Capacity. 70 Ranch Reservoir has a currently estimated total capacity of up to approximately 6,000 acre-feet, which may change upon completion of the Reservoir. 3.9. Uses. The water rights claimed herein will be used, in conjunction with the water rights claimed for Milliken Reservoir, as described below in Paragraph 6. 3.10. Name and Addresses of the Owner of the Storage Structure and the Diversion Facilities Listed Above, and lands on which those facilities will be located. 3.10.1. 70 Ranch Reservoir. 70 Ranch Reservoir and its diversion and outlet facilities are owned by 70 Ranch, LLC (8301 East Prentice Ave., Suite 100, Greenwood Village, Colorado 80111). A portion of the Hardin Seep Ditch and the return ditch described above in paragraph 3.2.2 are located on lands owned by TH Ranch, P.O. Box 189, Kersey, Colorado, 80644. 4. Plan for Augmentation. 4.1. General Description. United seeks approval of a plan for augmentation to replace the out-of-priority depletions resulting from the pumping of wells on lands owned by 70 Ranch, LLC and/or United, described below, when replacement of those depletions is legally required in the South Platte River to prevent injury to senior water rights at or below the 70 Ranch. United will replace those out-of-priority depletions in time, location, and amount from the sources of substitute supply listed below. 4.2. Structures to be Augmented. 4.2.1. NFC Wells. The NFC Wells, described below, were decreed in Case No. 88CW264(B) for use at the National Hog Farms’ swine facility, and an augmentation plan was also approved for them. A separate augmentation plan for the NFC Wells was also approved in Case Nos. 02CW404/03CW442. The augmentation plan described herein will replace depletions from the NFC Wells, to the extent they are not replaced under the augmentation plans approved in Case Nos. 88CW264(B) and 02CW404/03CW442, or any other augmentation plan, with the replacement supplies described below. 4.2.1.1. Well No. NFC-W1, decreed for 2.67 cfs, with an appropriation date of September 14, 1988, located in the SE1/4 of the NE1/4 of Section 35, Township 5 North, Range 63 West of the 6th P.M., in Weld County, Colorado. 4.2.1.2. Well No. NFC-W3, decreed for 3.34 cfs, with an appropriation date of October 3, 1990, located in the NE 1/4 of the SE1/4 of Section 35, Township 5 North, Range 63 West of the 6th P.M., in Weld County, Colorado. 4.2.1.3. Well No. NFC-W4, decreed for 5.57 cfs, with an appropriation date of June 22, 1992, located in the NE1/4 of the NE1/4 of Section 7, Township 4 North, Range 62 West of the 6th P.M., in Weld County, Colorado. 4.3. Sources of Substitute Supply. 4.3.1. The water storage right for Milliken Reservoir claimed in this application. 4.3.2. The water storage right for 70 Ranch Reservoir claimed in this application. 4.3.3. If decreed for augmentation use, United water stored in United Reservoir No. 3, an off-channel reservoir located in the

 

16  

S1/2 of Section 26 and the NE1/4 of Section 34, Township 1 South, Range 67 West of the 6th P.M. in Adams County, Colorado. 4.3.4. Recharge credits available to United from the Haren Recharge Pond which is located in the SW1/4 of Section 16, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado. 4.3.5. Non-tributary water available to United from the Bell Mountain Well Field located, generally, in the NE1/4 of Section 34, and the NE1/4 and the SW1/4 of Section 35, all in Township 8 South, Range 67 West of the 6th P.M., in Douglas County, Colorado. 4.3.6. Sources of replacement water of limited duration, and additional and alternative sources of replacement water if such sources are decreed or lawfully available for such use or are part of a substitute water supply plan approved pursuant to C.R.S. § 37-92-308, or an interruptible water supply agreement approved pursuant to C.R.S. § 37-92-309. 4.4. Augmentation Requirements. The replacement water to offset out-of-priority depletions from pumping the wells described above will be owed to the South Platte River in the vicinity of 70 Ranch. 4.5. Lagged Well Depletions. Pumping of the wells described above will be metered and recorded on a daily basis and summarized on a monthly basis. URFs will be calculated to determine the lagged depletive effects of pumping. 5. Conditional Appropriative Rights of Exchange. 5.1. Background. United seeks conditional appropriative rights of exchange between various discharge points and diversion points as set forth below. One of these exchanges will allow United to provide water stored in 70 Ranch Reservoir to 70 Ranch, LLC for direct irrigation use. Another exchange will allow United to recapture irrigation return flows and exchange them up to storage, recharge, or to the Riverside Canal for direct application to irrigable lands on the 70 Ranch. Other exchanges will allow United to move water among reservoirs, into the Beebe Draw, and into recharge ponds to maximize the beneficial use of the water rights decreed herein. 5.2. Exchange-From Points. 5.2.1. Milliken Reservoir Outlet Structures. Described above in paragraph 2. 3. 5.2.2. 70 Ranch Reservoir Outlet Structures. Described above in paragraph 3.2.2. 5.2.3. Accretion Point for 70 Ranch Irrigation Return Flows. Irrigation return flows resulting from the irrigation of land on the 70 Ranch will accrue to one or more points in the South Platte River from which United will exchange the return flows. The most downstream point at which 70 Ranch irrigation return flows accrue to the South Platte River is located at the west section line of Section 23, Township 4 North, Range 62 West of the 6th P.M., Weld County, Colorado, as the section line intersects with the South Platte River. However, some of the irrigation return flows will accrue above the Bijou Canal headgate. The accretion points and quantities of return flows will be finally determined in a future water court proceeding. 5.2.4. Haren Recharge Accretions. The point at which water recharged at the Haren Recharge Site accretes to the South Platte River is located in the SW1/4 of Section 8, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado. 5.2.5. St. Vrain Confluence. The confluence of St. Vrain Creek and the South Platte River which is located in the SW1/4 of the NE1/4 of Section 34, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado, from which the water will be exchanged to the St. Vrain Pipeline located as described below in paragraph 5.3.4. 5.2.6. St. Vrain Pipeline Discharge. The point of discharge from the St. Vrain Pipeline to the South Platte River will be located in one of the following locations: (1) at a point located upstream of the Highway 66 Bridge as it crosses the South Platte River which will deliver water to the South Platte River in the SW1/4 of the SW1/4 of Section 19, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado; (2) at a point upstream of the Highway 66 Bridge as it crosses the South Platte River, which will deliver water to the South Platte River in the SE1/4 of the SE1/4 of Section 24, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado or the E1/2 of Section 25, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado; or (3) at a point near the SW1/4 of the SE1/4 of Section 11, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado. 5.2.7. Brighton Lateral Reservoir Intake/Outlet Facility. The point of discharge from the Brighton Lateral to the South Platte River will be located within either the NW1/4 of the NW1/4, or the NE1/4 of the NW1/4, both of Section 18, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 5.2.8. United Reservoir No. 3 Discharge. The point of discharge from United Reservoir No. 3 to the South Platte River is located on the east bank of the South Platte River in the SW1/4 of Section 26, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado, located 1,636 feet east of the west line and 1,531 feet north of the south line of said Section 26. The Exchange-From Points are shown on the map attached to the

 

17  

application as Exhibit 3A. 5.3. Exchange-To Points. 5.3.1. Milliken Reservoir Diversion Points. See Paragraph 2.2, above. 5.3.2. 70 Ranch Reservoir Surface Diversion. See Paragraph 3.2, above. 5.3.3. Riverside Canal Headgate. The existing headgate for the Riverside Canal Intake is located on the north bank of the South Platte River in the SW1/4 of the SW1/4 of Section 20, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado. 5.3.4. St. Vrain Pipeline Diversion. The St. Vrain Pipeline Diversion (United Diversion Facility No. 5) will be located at one of the following locations or any point between these two locations: (1) 500 feet west and 200 feet north of the SE corner of Section 20, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado; or (2) the NW1/4 of the NW1/4 of Section 10, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado. 5.3.5. United Diversion Facility No. 3. United Diversion Facility No. 3 is located on the east bank of the South Platte River in the SW1/4 of Section 26, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado, located 1,636 feet east of the west line and 1,531 feet north of the south line of said Section 26. 5.3.6. Burlington Canal Headgate. Burlington Canal Headgate is, pursuant to a changed point of diversion decreed in Case No. 02CW403, located on the east bank of the South Platte River in the NE1/4 of the SW1/4 of Section 14, Township 3 South, Range 68 West of the 6th P.M., City and County of Denver, Colorado. 5.3.7. Brighton Lateral Reservoir Intake/Outlet Facility. The Brighton Lateral Reservoir Intake/Outlet Facility can act as an outlet (exchange-from) point or a diversion (exchange-to) point. The location of the Facility is described in Paragraph 5.2.7 above. The Exchange-To Points are shown on the map attached to the application as Exhibit 3B. 5.4. Sources of Substitute Supply. 5.4.1. Applicant’s water stored in Milliken Reservoir. 5.4.2. Applicant’s water stored in 70 Ranch Reservoir. 5.4.3. Other water owned or leased by United if decreed for such uses. 5.4.4. Irrigation return flows from irrigation of the 70 Ranch and other lands owned by 70 Ranch and/or United when quantified in a future water court proceeding. 5.4.5. Applicant’s water recharged at the Haren Recharge Site that accretes to the South Platte River. 5.4.6. Applicant’s water stored in Brighton Lateral Reservoir. 5.4.7. Applicant’s water stored in United Reservoir No. 3. 5.5. Rates of Flow: 5.5.1. From Milliken Reservoir discharge – 260 cfs 5.5.2. From 70 Ranch Reservoir discharge – 100 cfs 5.5.3. From 70 Ranch Irrigation Return Flows – rates to be determined in a future water court proceeding. 5.5.4. From the point of accretion on the South Platte River from the Haren Recharge Site, described above – 38 cfs 5.5.5. From the St. Vrain Pipeline discharge – 50 cfs 5.5.6. From the Brighton Lateral discharge – 50 cfs 5.5.7. From discharge at United Diversion Facility No. 3 – 50 cfs 5.6. Date of Appropriation. April 29, 2016. 5.6.1. How Appropriation was Initiated. The appropriation date is based on the filing of this application. 5.7. Date Water First Applied to Beneficial Use. Not applicable, conditional water right. 5.8. Uses. The water exchanged pursuant to this conditional exchange right will be used for the purposes described below in Paragraph 6. 5.9. Name and Addresses of the Owner of the Exchange-From and the Exchange-To Points Listed Above. 5.9.1. Milliken Reservoir. See Paragraph 2.11 above. 5.9.2. 70 Ranch Reservoir. See Paragraph 3.10 above. 5.9.3. Riverside Canal. The Riverside Irrigation District owns the Riverside Canal headgate. 5.9.4. Haren Recharge Pond. The Haren Recharge Pond and the land on which the pond is located are owned by the Central Colorado Water Conservancy District, 3209 West 28th Street, Greeley, Colorado 80634, and the Applicant. 5.9.5. St. Vrain Pipeline. The St. Vrain Pipeline will be owned by the Applicant. The currently planned diversion structure will be located on land for which the Applicant has a permanent easement. The downstream alternative is at the Goose Quill Diversion Structure which is owned by the Public Service Company of Colorado d/b/a Xcel Energy, Inc., 1800 Larimer Street, Denver, Colorado 80202-1414. 5.9.6. United Diversion Facility No. 3. The United Diversion Facility No. 3 is owned by the Silver Peaks Metropolitan District, 8301 East Prentice Ave., Suite 100, Greenwood Village, Colorado 80111. 5.9.7. Burlington Canal. The Burlington Canal Headgate is owned by the Farmers Reservoir and Canal Company, 80 South 27th Street, Brighton, Colorado 80601. 5.9.8. Brighton Lateral. The Brighton Lateral discharge will be owned by the Applicant. 6. Uses. By this application, United seeks a decree granting the right to use the above-described conditional water rights as follows: 6.1. Directly or as a source of augmentation and substitute supply for irrigation, stock watering, industrial, oil, gas and mineral production, domestic, commercial, and uses ancillary thereto (including but not limited to farm and road equipment maintenance and washing, and dust suppression activities). The volume of water claimed

 

18  

herein is intended to provide water for the claimed beneficial uses and to protect against periods of drought. 6.2. Directly or as a source of augmentation and substitute supply to meet, if required, contractual obligations to ACWWA and ECCV. 6.3. Directly or after exchange and storage for use on lands known as the Highlands Property located in the Beebe Draw in portions of Sections 29 and 32, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado, for municipal, commercial, domestic, irrigation and uses ancillary thereto. The volume of water claimed herein is intended to provide water for the claimed beneficial uses to protect against periods of drought. 6.4. United intends to maintain dominion and control over the wastewater effluent and lawn irrigation return flows resulting from use of the subject water rights on the Highlands Property. In addition, United will quantify the return flows resulting from irrigation of United and 70 Ranch, LLC lands in the future, and claims them for future recapture, use, reuse and successive use. United asks the Court to decree that it has the right to use, reuse, successively use and dispose of by sale, exchange, augmentation, or otherwise, to extinction all water lawfully diverted and/or impounded, as claimed herein or pursuant to a separate decree. 6.5. As a replacement supply for the augmentation plan described in this application or future augmentation plans if separately decreed. 6.6. As a source of water for future recharge projects, which will be adjudicated under a separate decree. 6.7. As a source of substitute supply for the exchanges claimed herein or future exchanges if separately decreed. (13 pages, 3 exhibits). 16CW3060 County of Boulder, a body corporate and politic, Parks and Open Space Department, c/o Karen Martinez, Water Resource Specialist, 5201 St. Vrain Road, Longmont, Colorado 80503(303) 678-6230, kmartinez@bouldercounty.org. APPLICATION FOR UNDERGROUND WATER RIGHTS, CHANGE OF WATER RIGHT, AND APPROVAL OF PLAN FOR AUGMENTATION INCLUDING APPROPRIATIVE RIGHTS OF SUBSTITUTION AND EXCHANGE IN BOULDER AND WELD COUNTIES. Attorney for applicant: Gilbert Y. Marchand, Jr., #19870, Gilbert Y. Marchand, Jr., P.C., 2737 Mapleton Avenue, Suite 202, Boulder, CO 80304, phone: (303) 444-4256, fax: (303) 444-5901, e-mail: gym@gymlaw.com. 1. Name, mailing address, e-mail address, and telephone number of applicant: County of Boulder, a body corporate and politic, Parks and Open Space Department, c/o Karen Martinez, Water Resource Specialist, 5201 St. Vrain Road, Longmont, Colorado 80503(303) 678-6230, kmartinez@bouldercounty.org. 2. Description of application: Applicant herein seeks approval of an augmentation plan for replacement of injurious out-of-priority depletions resulting from net evaporation caused by exposure of ground water at two unlined, former gravel pits in Kenosha Park, located just south of Colorado Highway 52 in Boulder County near Erie, Colorado. In connection therewith, Applicant seeks to change 1.24 cubic feet per second (“cfs”) of the Martha M. Matthews Ditch water right for augmentation purposes and to allow excess changed water to be used for other purposes. Applicant also seeks an underground water right for each pond, and appropriative rights of substitution and exchange in instances where the augmentation and/or historical return flow replacement water reaches Boulder Creek below the location of depletions. An application for underground water rights and approval of an augmentation plan, including appropriative right of substitution and exchange, for these two unlined gravel pits, as well as a change of 1.24 cfs of the Martha M. Matthews Ditch water right, was previously the subject of Case No. 10CW320 in this Court. The application was dismissed without prejudice, which dismissal was affirmed by the Colorado Supreme Court in Case No. 14SA348, wherein the mandate was issued on April 13, 2016. UNDERGROUND WATER RIGHTS. 3. Names of wells and permit numbers: Kenosha Pond and North Pond. The State Engineer=s Office issued well permit number 79118-F for these two ponds and West Pond. West Pond is not included in this application, and is being - or has been - filled in. Any remaining obligation for replacement of delayed stream depletions resulting from previous evaporation from West Pond will be met as necessary in Applicant’s substitute water supply plan(s). If necessary, Applicant will apply for an amended well permit or permits for Kenosha Pond and North Pond. Applicant requests that the State Engineer=s Office be required to grant such amended well permit application(s) in accordance with the decree to be entered herein. 4. Legal description of ponds: 4.1. Kenosha Pond: portions of the south

 

19  

half of the southeast quarter of Section 1, Township 1 North, Range 69 West, of the 6th P.M., Boulder County, Colorado. 4.2. North Pond: portions of the southwest quarter of the southeast quarter and the southeast quarter of the southwest quarter, Section 1, Township 1 North, Range 69 West, of the 6th P.M., Boulder County, Colorado. 4.3. The location of each pond is shown on Exhibit A. Each exhibit and table mentioned herein is attached to the application being filed with the Court and is incorporated in the application by reference. 5. Source of water: ground water tributary to Boulder Creek, tributary to St. Vrain Creek, tributary to the South Platte River. The estimated depth of the ponds is nine to eleven feet. 6. Appropriation information: 6.1. Dates of appropriation: February 20, 1996 for each pond. 6.2 How appropriations were initiated: Through gravel pit permitting for each pond. 6.3 Date water applied to beneficial use: September 2007 for Kenosha Pond; late 1996 or early 1997 for North Pond. 7. Amount claimed: 7.1. Kenosha Pond: up to 0.59 cubic feet per second (“cfs”), based upon the maximum net daily evaporation rate and ET rate for the surface area described in paragraph 15.1, below. 7.2. North Pond: up to 0.02 cfs, absolute, based upon the maximum net daily evaporation rate for the pond. 7.3. The size of the ponds may vary. Applicant claims a right for each pond in whatever amount or rate, and in whatever measurement units, are actually determined in this proceeding, including amounts and rates greater than those above if so determined herein. 8. Proposed use: 8.1. Kenosha Pond: recreation, aesthetic, fish and wildlife. The pond will also be used for augmentation and replacement via recharge or release pursuant to the change of water right and augmentation plan sought herein. The recharge described herein will only be temporary as authorized by one or more substitute water supply plans. Water will be continuously diverted into the pond, and water may be temporarily retained in the pond. The retained water may be released for augmentation and/or replacement purposes. Applicant shall not withdraw water from Kenosha Pond for use, except as may be required or incidental to recharge, augmentation, and replacement. 8.2. North Pond: recreation, aesthetic, fish and wildlife. Applicant shall not withdraw water from North Pond for use. 9. Remarks: Each pond will operate pursuant to the augmentation plan decreed herein, and pursuant to any substitute water supply plan(s) approved for operations prior to entry of a final decree herein. CHANGE OF WATER RIGHT. 10. Name of water right for which change is sought: Martha M. Matthews (a.k.a. Mathews) Ditch. 11. Description of structure and water right for which change is sought: 11.1. Original decree: The water right was decreed on June 2, 1882, in Boulder County District Court, Register No. 1313. A subsequent decree was entered by the same court on or around April 11, 1907 in Civil Action No. 5453. 11.2. Decreed legal description: The June 2, 1882 decree describes the headgate location as being at a point near the southwest corner of the southeast quarter of the northeast quarter of Section 11, Township 1 North, Range 69 West, 6th P.M., Boulder County, Colorado. The decree in Civil Action No. 5453 confirmed the right to divert the water right at the headgate of the Boulder and Weld County Ditch (“BWCD”) in Section 15, Township 1 North, Range 69 West, 6th P.M., Boulder County, Colorado. Exhibit B depicts the location of both the originally decreed and the current point of diversion. 11.3. Decreed source: Boulder Creek, a tributary of St. Vrain Creek, a tributary of the South Platte River. 11.4. Appropriation date and priority number: June 1, 1861; Priority No. 8. 11.5. Total amount decreed: 4.6 cfs. 11.6. Decreed use: Irrigation. 11.7. Amount of water that Applicant intends to change: The Martha M. Matthews water right has historically been operated on the assumption that it consists of 185 inches. Applicant owns and intends to change 50 of those inches (sometimes referred to herein as the “Subject Inches”), representing 27 percent or approximately 1.24 cfs of the water right. 12. Complete statement of change: 12.1. Historical use: The Subject Inches were historically used for irrigation of lands in the south half of Section 1 and the north half of Section 12, Township 1 North, Range 69 West, of the 6th P.M., Boulder County, Colorado. Lands historically irrigated by the Subject Inches are within the yellow boundary and/or red cross-hatching depicted on Exhibit B. A summary of available diversion records from the State’s HydroBase of the entire Martha M. Matthews Ditch water right is attached to the application as Table 1. Applicant seeks to determine a representative study period and quantify the consumptive use and return flows attributable to historical use of the Subject Inches, to determine the amount of fully consumable water available for use pursuant to the change of water right claimed herein, and to determine the protective terms and conditions that are required in order to prevent injury to other water rights. 12.2. Proposed

 

20  

change: 12.2.1. Applicant requests that the Subject Inches be changed to augment injurious out-of-priority depletions caused by net evaporation from Kenosha Pond and North Pond described in sections 3 through 9 above and that any remaining excess fully consumable water resulting from such change be decreed for fully consumptive uses pursuant to diversion and/or storage under subsequent decrees and/or administrative approvals. 12.2.2. The historical use of the Subject Inches will be determined and quantified as replacement or fully consumable credits that can be diverted for the changed purposes described herein. Applicant claims the right to divert the entire consumptive use for the changed purposes as described herein. Applicant will also determine the return flow pattern associated with historical use of the Subject Inches and maintain such historical return flows as necessary to prevent injury to other water rights. Applicant claims the right to divert up to the entire amount of historical return flows determined herein as necessary for any such required maintenance. When maintenance of historical return flows is not required to prevent injury, and/or when the priority date of the senior calling water right is junior to December 31, 2010, Applicant claims the right to use all such historical return flow water for other fully consumptive purposes. Applicant has already diverted and placed to beneficial use such return flows, and hereby gives notice of such appropriation and of its intent to continue and adjudicate a water right for such appropriation for the same uses as are being claimed herein for the Subject Inches with an appropriation date of December 31, 2010. 12.2.3. Pursuant to the proposed change, water represented by the Subject Inches will continue to be diverted when it is legally and physically available at the BWCD headgate described above. Some of such diverted water will be accounted for as fully consumable water, while some of it will be accounted for as historical return flows. To make the fully consumable water available and to provide any water required for maintenance of historical return flows, the water diverted at the headgate will either be returned to Boulder Creek via the augmentation / bypass structure constructed by Applicant (referred to herein as the “Kenosha Augmentation Station”), or it will be delivered to Kenosha Pond for immediate replacement of evaporation losses and/or for recharge or release back to the stream system. The recharge described herein will only be temporary as authorized by one or more substitute water supply plans. 12.2.3.1. The Kenosha Augmentation Station is located approximately in the northwest quarter of the northeast quarter of Section 12, Township 1 North, Range 69 West, of the 6th P.M., Boulder County, Colorado. See Exhibit A. Water directed into the Kenosha Augmentation Station returns to Coal Creek generally in the northeast quarter of Section 12, Township 1 North, Range 69 West. See Exhibit A. Such releases flow down Coal Creek to its confluence with Boulder Creek in the northeast quarter of said Section 1. Returns via the Kenosha Augmentation Station will reach Boulder Creek without any significant delay. 12.2.3.2. The location of the facility to be used for temporary recharge is Kenosha Pond, described above in section 4.1. See Exhibit A. Water directed into Kenosha Pond for recharge will produce accretions to Boulder Creek. The accretions will reach Boulder Creek generally in the northwest quarter of the southeast quarter of Section 1, Township 1 North, Range 69 West, 6th P.M., Boulder County, Colorado. See Exhibit A. The accretions will reach the river with a delayed effect. Applicant will determine the timing and amount of all such returns to Boulder Creek via recharge from Kenosha Pond using appropriate methodology. 12.2.3.3. Applicant may also release water from Kenosha Pond directly to Coal Creek via the outlet of Kenosha Pond, located in the southeast quarter of the southeast quarter of Section 1, Township 1 North, Range 69 West, 6th P.M., Boulder County, Colorado. See Exhibit A. Such releases will flow down Coal Creek to its confluence with Boulder Creek in the northeast quarter of said Section 1. Applicant claims the right to use such releases for any augmentation or replacement purposes. 12.2.3.4. The returns of water to the Boulder Creek stream system via the Kenosha Augmentation Station, recharge from Kenosha Pond, and/or release from Kenosha Pond will be managed as necessary both to replace injurious out-of-priority depletions resulting from net evaporation at the two ponds described herein and to maintain historical return flows in time, amount, and location. Applicant also claims the right to use other source(s) to meet replacement requirements and maintain historical return flows. APPROVAL OF PLAN FOR AUGMENTATION INCLUDING APPROPRIATIVE RIGHT OF SUBSTITUTION AND EXCHANGE. 13. Name(s) of structure(s) to be augmented: Kenosha Pond and North Pond. The structures are not decreed. The application herein seeks water rights for the ponds.

 

21  

No other water rights are delivered into or diverted from these structures. The locations of the structures are described in section 4 above. 14. Water right(s) or sources to be used for augmentation and replacement: 14.1. The Subject Inches (50 inches or 1.24 cfs) in the Martha M. Matthews Ditch water right described above. The decree information, including legal description of point of diversion, source of water, appropriation date and priority number, amount, and decreed and historical uses are described above. 14.2. Fully consumable water from the City of Lafayette (“Lafayette”), including up to 48 acre-feet of such water per year, between the months of October and the following April, pursuant to the July 2, 2013 Intergovernmental Agreement between Applicant and Lafayette, and such fully consumable water as may be obtained from other, supplemental leases with Lafayette. Applicant shall not use Lafayette’s fully consumable water as a source of augmentation or replacement water in this plan for augmentation until such time as it has obtained the legal right to the use of said water from Lafayette. Use of Lafayette’s fully consumable water shall be governed by the terms and conditions of the applicable agreement with Lafayette permitting the use of such water. The source of Lafayette’s water is (1) fully consumable effluent discharged into Coal Creek from Lafayette’s wastewater treatment plant located in Section 36, Township 1 North, Range 69 West, 6th P.M., Boulder County, Colorado; and/or (2) fully consumable water released from the Goose Haven Reservoir Complex located in Sections 15, 16, 21, and 22, Township 1 North, Range 69 West, 6th P.M., Boulder County. Fully consumable effluent discharged into Coal Creek from the treatment plant travels down Coal Creek and reaches the confluence with Boulder Creek at a location described as the northeast quarter of Section 1, Township 1 North, Range 69 West, 6th P.M. Fully consumable water released from the Goose Haven Reservoir Complex is discharged into Boulder Creek in the northwest quarter of Section 15, Township 1 North, Range 69 West, of the 6th P.M., and travels from there to the reach of Boulder Creek where depletions accrue from Kenosha and North Pond evaporation. The estimated location of the depletion reach is between the southwest quarter of the southwest quarter and the northwest quarter of the southeast quarter of Section 1, Township 1 North, Range 69 West, 6th P.M., Boulder County, Colorado. 14.3. Nontributary Laramie-Fox Hills ground water underlying 140.835 acres of land in the east half of the east half of Section 1, Township 1 South, Range 69 West, of the 6th P.M., Boulder County, Colorado, as decreed in Case No. 86CW250, District Court, Water Division No. 1, in an average annual amount of 38 acre-feet, subject to the banking provisions of said decree, from one or more wells for all domestic, agricultural, industrial, commercial, stockwatering, and fire protection purposes, 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, for relinquishment pursuant to C.R.S. § 37-90-137(9)(b), and for all augmentation purposes including taking credit for all return flows resulting from the use of said water as augmentation for or as an offset against any out-of-priority tributary ground water depletion, including reuse, successive use, and disposition by sale, lease, exchange, or otherwise to extinction. Well permit number 32055F has been issued for withdrawal of said Laramie-Fox Hills ground water from a well located in the southeast quarter of the northeast quarter of said Section 1, Township 1 South, Range 69 West. 14.4. Applicant’s augmentation and replacement water and other fully consumable water of Applicant in Rock’n WP Ranch Lake No. 4 (“Lake No. 4”), for which a water right was originally decreed in Case No. 01CW262 on April 26, 2006, by the District Court, Water Division No. 1, Weld County, in the amount of 600 acre-feet, conditional, at a rate of 100 cfs, conditional, from St. Vrain Creek with an appropriation date of December 19, 2001, for domestic; commercial; industrial; irrigation of lands within the District; recreation, fish and wildlife propagation; maintenance of minimum stream flows for fish, recreation and wildlife; augmentation for the above-referenced uses; replacement for the above-referenced uses; exchange for the above-referenced uses; and reuse, successive use and use to extinction for the above-referenced uses. A diligence decree was entered for the Lake No. 4 water right in Case No. 12CW91, District Court, Water Division No. 1, on March 31, 2015. In that diligence decree, the recreation use was described as “in-reservoir recreation,” and the use for maintenance of stream flows was described as “maintenance of stream flows for fish and wildlife exclusively by the CWCB.” Pursuant to the terms and conditions of the 12CW91 decree and pursuant to the Water Delivery Agreement described in that decree’s paragraph 10, the County of Boulder will release water to the

 

22  

CWCB for its exclusive use to maintain flows in St. Vrain Creek between Lake No. 4 and the outflow of the Longmont wastewater treatment plant located in the southwest quarter of the northeast quarter of Section 11, Township 2 North, Range 69 West of the 6th P.M. in the amount of 5 cfs from November 1 through March 31 and June 1 through September 30, and 100 cfs for a two- or three-day period in May or June to provide flushing flows to maintain fish habitat. Lake No. 4 is a lined reservoir, with the existing liner approved by the State Engineer and conforming to the State Engineer’s Guidelines for Lining Criteria for Gravel Pits (August 1999). The legal description for Lake No. 4 is: 14.4.1. Location of reservoir: The center point of Lake No. 4, which has a surface area of approximately 40 acres, is located 2,040 feet south of the north section line and 2,040 feet east of the west section line, Section 27, Township 3 North, Range 70 West, 6th P.M., Boulder County, Colorado. 14.4.2. Location of point of diversion: Lake No. 4 is filled via the South Branch of St. Vrain Creek. The actual point of diversion for the South Branch is at a point in the NE1/4 of the SE1/4 of Section 21, Township 3 North, Range 70 West, 6th P.M., Boulder County, Colorado, approximately 1,190 feet west of the east section line and 1,850 feet north of the south section line. 14.5. Such other water as may become available to Applicant from any other source legally available for augmentation or replacement and which can be provided in the amount, at the time and at the location required for augmentation or replacement. Applicant also claims the right to use such other water in one or more substitute water supply plans that may be approved for operations prior to entry of a final decree. 15. Complete statement of plan for augmentation: 15.1. Historical gravel mining on property referred to as the Bailey Farm (where Kenosha and North Ponds are located) resulted in numerous ponds, some of which exposed ground water to the atmosphere before 1981 and some of which exposed ground water to the atmosphere after 1980. Boulder County acquired Bailey Farm and the associated water rights between 1991 and 1994, and is developing the property into a public open-space park known as Kenosha Park. Mining operations have ceased at Kenosha Park. The purpose of this application is to determine and replace injurious out-of-priority depletions to the stream system resulting from evaporation caused by the exposure of ground water to the atmosphere in two post-1980 gravel pits known as Kenosha Pond and North Pond. The estimated maximum amount of surface area of potentially exposed ground water associated with the two ponds is 35.56 acres (based upon the surface area described in Well Permit 79118-F) consisting of approximately 34.81 acres at Kenosha Pond and 0.75 acres at North Pond. Kenosha Pond has been partially filled in since the issuance of Well Permit 79118-F, and its surface area has consequently been reduced from 34.81 acres. Based on the surface area described in Well Permit 79118-F, the maximum net evaporation associated with the two ponds is estimated to be 119.35 acre-feet per year for average year conditions, broken down as follows with respect to each pond: 117.01 acre-feet per year at Kenosha Pond and 2.34 acre-feet per year at North Pond. Some of the on-site evaporative losses from Kenosha Pond will be replaced by the delivery to Kenosha Pond of fully consumable water resulting from the change of the Subject Inches. The remaining on-site evaporative losses from the two ponds will be lagged back to Boulder Creek to determine the steady-state depletive effect to the stream system using appropriate Glover factors and the Integrated Decision System Alluvial Water Accounting System (IDS AWAS) Glover alluvial aquifer model, or a similar tool. Such depletive effects are expected to occur in the following reach along Boulder Creek: between the southwest quarter of the southwest quarter and the northwest quarter of the southeast quarter of Section 1, Township 1 North, Range 69 West, 6th P.M., Boulder County, Colorado. See Exhibit A. Applicant will replace injurious lagged depletive effects by diverting fully consumable water resulting from the change of the Subject Inches at the BWCD headgate and directing such water back to the stream via the Kenosha Augmentation Station; by recharge accretions from Kenosha Pond (which recharge accretions are claimed only on a temporary basis in one or more substitute water supply plans); and/or by releases from Kenosha Pond. The timing and amount of fully consumable water placed into recharge, directed to the Kenosha Augmentation Station, and/or released from Kenosha Pond will be managed so that such water will offset in time, amount, and location the injurious out-of-priority depletions resulting from net evaporation caused by the exposure of ground water in Kenosha Pond and North Pond. Applicant will perform such calculations, measuring, and accounting as necessary to operate and administer this plan for augmentation. On days when fully consumable water resulting from the change

 

23  

of the Subject Inches is not sufficient to make the required replacement of evaporation loss depletions and to maintain required return flows resulting from historical use of the Subject Inches, Applicant shall: (1) pursuant to the terms of any agreement it has reached or will reach with Lafayette, cause the delivery of Lafayette’s fully consumable water to the point where stream depletions affect Boulder Creek and/or to the confluence of Boulder Creek and Coal Creek; (2) deliver nontributary Laramie-Fox Hills ground water decreed in Case No. 86CW250 to the confluence of Boulder Creek and Coal Creek; (3) cause the delivery of augmentation, replacement, and/or other fully consumable water from Lake No. 4 to the confluence of St. Vrain Creek and Boulder Creek; (4) deliver such other water as may become available to Applicant from any other source legally available for augmentation or replacement and which can be provided in the amount, at the time and at the location required for the augmentation and/or replacement obligations decreed herein. 16. Appropriative rights of substitution and exchange: 16.1. When there is a valid call from a water right senior to December 31, 2010 being administered against the ponds described herein, and when all or part of the augmentation or required historical return flow replacement water reaches Boulder Creek below the location of all or part of the depletion reach described above in section 15, Applicant will augment injurious out-of-priority depletions and/or replace required historical return flows via one or both of the following appropriative rights of substitution and exchange: 16.2. Exchange reaches: 16.2.1. The reach of one exchange is on Boulder Creek from its confluence with Coal Creek in the northeast quarter of Section 1, Township 1 North, Range 69 West, 6th P.M., Boulder County, Colorado, to the most upstream point of the depletion reach, which point is in the southwest quarter of the southwest quarter of said Section 1. 16.2.2. The reach of the other exchange is on Boulder Creek from its confluence with St. Vrain Creek in the northeast quarter of the northwest quarter, Section 9, Township 2 North, Range 68 West, 6th P.M., Weld County, Colorado, to said most upstream point of the depletion reach. 16.3. The date of appropriation of the substitution and exchange from the Coal Creek confluence is December 31, 2010. The date of appropriation of the substitution and exchange from the St. Vrain Creek confluence is April 29, 2016. 16.4. The appropriations were initiated by Applicant’s formation of the intent to appropriate followed by actions to further and give notice of the appropriations including, but not limited to, the filing of the application in Case No. 10CW320 and the filing of this application promptly after the affirmed dismissal of the 10CW320 application. 16.5. The maximum rate of exchange is estimated not to exceed 0.97 cfs. Applicant seeks a decree for whatever exchange rate is determined in this proceeding. 16.6. The sources of substitute supply for the exchange are the Subject Inches described herein; fully consumable water from Lafayette that is permitted to be used in such exchange pursuant to any agreement Applicant has reached or will reach with Lafayette; nontributary Laramie-Fox Hills ground water decreed in Case No. 86CW250; releases from Lake No. 4 as described above; plus any additional augmentation water as described in sections 14.5 and 15. The proposed use is augmentation and replacement. 17. Name(s) and address(es) of owner(s) or reputed owner(s) of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Lake No. 4 is owned by Applicant and the St. Vrain and Left Hand Conservancy District, 9595 Nelson Road, Box C, Suite 203, Longmont, Colorado 80501. The land upon which existing and future wells for the withdrawal of Laramie-Fox Hills ground water pursuant to the 86CW250 decree are or will be located is owned by Applicant and the City of Lafayette, c/o Bradley S. Dallam, P.E., Water Resource and Capital Improvement Manager, 1290 S Public Road, Lafayette, CO 80026. Applicant’s address is described above in section 1. WHEREFORE, Applicant requests the Court to enter a decree granting the relief requested herein and finding that such relief will not cause injury to any owner of or persons entitled to use water under a vested water right or a decreed conditional water right if granted on the terms and conditions proposed and/or to be determined herein, and to grant such other relief as the Court deems proper under the circumstances. THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND

 

24  

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 JUNE 2016 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be filed as an Original and include $158.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.