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ElbertCountyNews.net ELBERT COUNTY, COLORADO A publication of November 13, 2014 VOLUME 119 | ISSUE 41 | 75¢ POSTAL ADDRESS ELBERT COUNTY NEWS (USPS 171-100) OFFICE: 9137 S. Ridgeline Blvd., Suite 210 Highlands Ranch, CO 80129 PHONE: 303-566-4100 A legal newspaper of general circulation in Elizabeth, Colorado, the Elbert County News is published weekly on Thursday by Colorado Community Media. PERIODICALS POSTAGE PAID AT ELIZABETH, COLORADO and additional mailing offices. POSTMASTER: Send address change to: 9137 S. Ridgeline Blvd., Suite 210 Highlands Ranch, CO 80129 DEADLINES: Display: Thurs. 11 a.m. Legal: Thurs. 11 a.m. | Classified: Mon. 10 a.m. GET SOCIAL WITH US PLEASE RECYCLE THIS COPY Ballots go through careful process County follows protocol toward final election tally By Rick Gustafson Special to Colorado Community Media The work taking place in the second-floor con- ference room of the Elbert County Courthouse began weeks before Nov. 4, and on Election Day, the unremitting activity, punctuated by the in- termittent hum of the ballot-counting machine, could be described as methodical rather than chaotic. In the doorway, a line of three or four voters stood waiting for an available election volunteer to register them to vote and supply them with their choice of either a paper ballot or the use of one of two voting machines. Behind the table of election volunteers and a blockade of chairs, tagged with sheets of paper declaring in bold black ink “Election Officials Only Past this Point,” an assembly line of volunteers moved ballots through the counting process. Orchestrating the plan, setup and execution for Election Day 2014 was the responsibility of El- bert County Clerk and Recorder Dallas Schroeder. “We started counting on Oct. 21, one day after voters could drop off their ballots,” said Schroed- er. “Every ballot is counted in this room.” From the public’s side of the barricade, Schro- eder described the election process. For the 2014 midterm election, every regis- tered voter in Colorado received a mail-in ballot. In Elbert County, that equated to 18,720 ballots. Voters had the option of either mailing their bal- lot or dropping it off at one of several locations throughout the county, including a drop box ad- jacent to the 24-hour customer service counter in the Elizabeth Walmart. “It worked out great. We had over 2,000 ballots dropped off at Walmart,” said Schroeder. Ballots are brought to the courthouse on Co- manche Street and the counting process begins by scanning the bar code on the ballot’s envelope. The code identifies voters and records the receipt of their ballot. The envelopes are then bundled into batches of 25 along with a tracking sheet that follows the batch along the assembly line of elec- tion volunteers. At the first station of the assembly line, a pair of election volunteers, one Democrat, one Repub- lican, tears off the portion of the envelope’s flap covering the signature block. Together they verify the signature on each envelope. “We don’t see a lot of signature problems, may- be 30 this year,” Schroeder said. “Most (signature discrepancies) are unsigned.” Voters who fail to sign their envelopes are sent a letter and have until Nov. 12 to confirm their sig- nature or their vote is not counted. Ballots with signature discrepancies are set aside and the new batch total is recorded on the tracking sheet. During the next stage of the counting process, a second bipartisan pair of volunteers removes the ballots from the envelope. Schroeder pointed out that the volunteers follow a specific proce- dure to ensure voter anonymity. The envelopes are opened and the security sleeve concealing the bal- lot is removed. The ballots are only removed from the security sleeve after the entire batch has been opened. The number of ballots is then compared to the number recorded on the tracking sheet. The track- ing sheet, the envelopes, security sleeves, and the Election volunteers Jim Duvall and Janette Torbett verify signatures on ballot envelopes on Election Night. Photo by Rick Gustafson Veterans Day lesson is passed on Schoolchildren visit war memorial in Elizabeth By Rick Gustafson Special to Colorado Community Media It is not every day that you see nearly 60 elementary school stu- dents with a police escort on the streets of Elizabeth in the middle of a school day, but that was the case on Nov. 7 when three classes of second-graders from Running Creek Elementary made the trek across town to visit the Elizabeth War Memorial. The field trip was organized by second-grade teacher Kerry Jiblits as part of a weeklong social stud- ies class about the military lead- ing up to Veterans Day. In prepa- ration for the visit, students made their own markers to place at the memorial ahead of the Veterans Day celebration the following morning. Teachers guided their classes around the memorial, explain- ing the markers and the plaques identifying the five branches of military service, highlighting the importance of the men and wom- en who have protected and died Running Creek Elementary School teacher Berna Dillavou talks to her second-graders about the Elizabeth War Memorial on Nov. 7. Photos by Rick Gustafson Running Creek Elementary School second-graders got a chance to learn about the sacrifices of veterans on Nov. 7 at the Elizabeth War Memorial. The students shown here are from Kerry Jiblits’ class. Ballots continues on Page 9 Voters say no to school measures District seeks feedback on why requests failed By Rick Gustafson Special to Colorado Community Media The Elizabeth school board is regrouping after the defeat of two funding questions that failed to meet voter approval. On Nov. 4, the school district’s voters rejected TABOR tax Question 3A, a proposed $1 million per year mill levy override, and Question 3B, a $2.5 million bond issue. The measures were intended to make up for shortfalls from the state — called the negative funding factor — totaling more than $13 million over the past five years and an es- timated $1.95 million for the 2015-16 school year. The shortfalls are forcing the district to operate at 17 percent below its annual bud- get. “Seventy-two percent of our funding comes from the state,” said Chris Richard- son, a member of the school board. “Right now there is no plan B. If we had another way to do this, we would not have asked voters for more taxes.” Question 3A, a proposed mill levy de- signed to generate $1 million annually, would have cost the average homeowner in the School continues on Page 9 Veterans continues on Page 9

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ElbertCountyNews.net

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

November 13, 2014VOLUME 119 | ISSUE 41 | 7 5 ¢

POSTA

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DRESS

ELBERT COUNTY NEWS(USPS 171-100)

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

PHONE: 303-566-4100

A legal newspaper of general circulation in Elizabeth, Colorado, the Elbert County News is published weekly on Thursday by Colorado Community Media. PERIODICALS POSTAGE PAID AT ELIZABETH, COLORADO and additional mailing o� ces.

POSTMASTER: Send address change to:9137 S. Ridgeline Blvd., Suite 210Highlands Ranch, CO 80129

DEADLINES: Display: Thurs. 11 a.m.Legal: Thurs. 11 a.m. | Classi� ed: Mon. 10 a.m.

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PLEASE RECYCLETHIS COPY

1

Ballots go through careful process County follows protocol toward � nal election tally By Rick Gustafson Special to Colorado Community Media

The work taking place in the second-fl oor con-ference room of the Elbert County Courthouse began weeks before Nov. 4, and on Election Day, the unremitting activity, punctuated by the in-termittent hum of the ballot-counting machine, could be described as methodical rather than chaotic.

In the doorway, a line of three or four voters stood waiting for an available election volunteer to register them to vote and supply them with their choice of either a paper ballot or the use of one of two voting machines.

Behind the table of election volunteers and a blockade of chairs, tagged with sheets of paper declaring in bold black ink “Election Offi cials Only Past this Point,” an assembly line of volunteers moved ballots through the counting process.

Orchestrating the plan, setup and execution for Election Day 2014 was the responsibility of El-bert County Clerk and Recorder Dallas Schroeder.

“We started counting on Oct. 21, one day after voters could drop off their ballots,” said Schroed-er. “Every ballot is counted in this room.”

From the public’s side of the barricade, Schro-eder described the election process.

For the 2014 midterm election, every regis-tered voter in Colorado received a mail-in ballot. In Elbert County, that equated to 18,720 ballots. Voters had the option of either mailing their bal-lot or dropping it off at one of several locations throughout the county, including a drop box ad-jacent to the 24-hour customer service counter in the Elizabeth Walmart.

“It worked out great. We had over 2,000 ballots dropped off at Walmart,” said Schroeder.

Ballots are brought to the courthouse on Co-manche Street and the counting process begins by scanning the bar code on the ballot’s envelope. The code identifi es voters and records the receipt of their ballot. The envelopes are then bundled into batches of 25 along with a tracking sheet that follows the batch along the assembly line of elec-tion volunteers.

At the fi rst station of the assembly line, a pair of election volunteers, one Democrat, one Repub-lican, tears off the portion of the envelope’s fl ap covering the signature block. Together they verify the signature on each envelope.

“We don’t see a lot of signature problems, may-be 30 this year,” Schroeder said. “Most (signature discrepancies) are unsigned.”

Voters who fail to sign their envelopes are sent

a letter and have until Nov. 12 to confi rm their sig-nature or their vote is not counted. Ballots with signature discrepancies are set aside and the new batch total is recorded on the tracking sheet.

During the next stage of the counting process, a second bipartisan pair of volunteers removes the ballots from the envelope. Schroeder pointed out that the volunteers follow a specifi c proce-dure to ensure voter anonymity. The envelopes are opened and the security sleeve concealing the bal-lot is removed. The ballots are only removed from the security sleeve after the entire batch has been opened.

The number of ballots is then compared to the number recorded on the tracking sheet. The track-ing sheet, the envelopes, security sleeves, and the

Election volunteers Jim Duvall and Janette Torbett verify signatures on ballot envelopes on Election Night. Photo by Rick Gustafson

Veterans Day lesson is passed on Schoolchildren visit war memorial in Elizabeth By Rick Gustafson Special to Colorado Community Media

It is not every day that you see nearly 60 elementary school stu-dents with a police escort on the streets of Elizabeth in the middle of a school day, but that was the case on Nov. 7 when three classes of second-graders from Running Creek Elementary made the trek across town to visit the Elizabeth War Memorial.

The fi eld trip was organized by second-grade teacher Kerry Jiblits as part of a weeklong social stud-ies class about the military lead-ing up to Veterans Day. In prepa-ration for the visit, students made their own markers to place at the memorial ahead of the Veterans Day celebration the following morning.

Teachers guided their classes around the memorial, explain-ing the markers and the plaques identifying the fi ve branches of military service, highlighting the importance of the men and wom-en who have protected and died

Running Creek Elementary School teacher Berna Dillavou talks to her second-graders about the Elizabeth War Memorial on Nov. 7. Photos by Rick Gustafson

Running Creek Elementary School second-graders got a chance to learn about the sacri� ces of veterans on Nov. 7 at the Elizabeth War Memorial. The students shown here are from Kerry Jiblits’ class.

Ballots continues on Page 9

Voters say no to school measures District seeks feedback on why requests failed By Rick Gustafson Special to Colorado Community Media

The Elizabeth school board is regrouping after the defeat of two funding questions that failed to meet voter approval. On Nov. 4, the school district’s voters rejected TABOR tax Question 3A, a proposed $1 million per year mill levy override, and Question 3B, a $2.5 million bond issue.

The measures were intended to make up for shortfalls from the state — called the negative funding factor — totaling more than $13 million over the past fi ve years and an es-timated $1.95 million for the 2015-16 school year. The shortfalls are forcing the district to operate at 17 percent below its annual bud-get.

“Seventy-two percent of our funding comes from the state,” said Chris Richard-son, a member of the school board. “Right now there is no plan B. If we had another way to do this, we would not have asked voters for more taxes.”

Question 3A, a proposed mill levy de-signed to generate $1 million annually, would have cost the average homeowner in the

School continues on Page 9

Veterans continues on Page 9

Page 2: Elbert County News 1113

2 Elbert County News November 13, 2014

2

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Gardner takes Senate seat from Udall Congressman defeats Democratic incumbent By Vic Vela [email protected]

A U.S. Senate race that was expected to be a nail-biter proved to be anything but that on Nov. 4 as Republican Congress-man Cory Gardner upended Democratic incumbent Mark Udall in a race that was decided stunningly early.

A pumped-up crowd of supporters erupted when Gardner took to a podium inside a Hyatt hotel ballroom at the Den-ver Tech Center, where the enthusiastic Yuma native declared victory.

“Tonight we shook up the Senate,” Gardner said. “As Republicans in Colorado, we’ve gotten used to the saying, `Wait for the next election.’ Well tonight, that next election came.”

Gardner held an advantage of 5 per-centage points or more throughout much of Election Night, but that would eventu-ally shrink to a 48 percent to 46 percent victory.

Udall conceded defeat in front of sup-porters at downtown Denver’s Westin Ho-tel at about 10 p.m. on Election Day, dur-ing a speech where he graciously accepted the night’s reality.

“As long as I’ve had the privilege of serv-ing the people of Colorado, I always feel like I’ve come out ahead,” Udall said.

Udall’s speech came two hours after news outlets began calling the race for Gardner — which occurred only an hour after the 7 p.m. poll closings.

That surprised many observers. Even though recent public polling leading up to the election showed a coalescing of major-ity support for Gardner, the race was ex-pected to be tight, considering recent elec-tions have shown that a strong Democratic ground game made all the difference.

But that didn’t materialize for Udall,

who also had to fi ght against a national Re-publican wave that resulted in Democrats losing control of the U.S. Senate.

In spite of the painful results, Udall tried to keep the mood light, referencing the hu-mor of his late father, former Congressman and presidential candidate Morris Udall.

“I do respect the will of the voters here in the state of Colorado, but I also thought about my dad,” Udall said. “You may re-member, some of you, that he lost an elec-tion. He said, `The voters have spoken, the blanket-blanks.’”

But Udall — who became the fi rst in-cumbent senator to lose in Colorado since 1978 — still acknowledged the sting of the loss.

“I thought about Abe Lincoln, you know his famous story about the boy that stubbed his toe,” Udall said. “He said, ‘It hurts too much to laugh, but he’s too big to cry.’”

But the night was Gardner’s. The sen-

ator-elect told the crowd that Colora-dans have now “signed up to be the tip of the spear, the vanguard of change that is sweeping the nation.”

Gardner said that Colorado voters “are not red, they are not blue, but they are crystal clear.”

“They are crystal clear in their message to Washington: Get your job done and get the heck out of the way,” Gardner said.

Colorado’s next U.S. Senator, Republican Cory Gardner, gives his victory speech to GOP supporters Nov. 4 at the Hyatt hotel ballroom at the Denver Tech Center after early results showed a convincing lead over Democratic incumbent Mark Udall. Photo by Christy Steadman

Mark Udall gives an emotional concession speech to supporter s from inside downtown Denver’s Westin Hotel on Nov. 4. Photo by Q Crutch� eld

Page 3: Elbert County News 1113

Elbert County News 3 November 13, 2014

3

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Hickenlooper wins another termDemocratic governor fends o� challenge from BeauprezBy Vic [email protected]

One word summed up the mood at a Nov. 5 Capitol victory rally for Gov. John Hickenlooper.

“Phew,” the governor said while making a motion with his hand as if to wipe away sweat.

After a bruising night for Dem-ocrats in Colorado and nation-wide, Hickenlooper’s re-election win over Republican Bob Beau-prez was one of the few things the blue party had to celebrate following the results from Elec-tion Night.

Results in the gubernatorial race were not known until the morning after the election. Af-ter trailing for most of Election Night, Hickenlooper eventually was able to pull ahead in the wee hours of the morning. At the time of the victory rally, Hickenlooper held about a 1 percentage point lead, though that would rise over the next few days and he would garner about 49 percent of the vote to Beauprez’s 46 percent.

“I think I can now demon-strate that one, even with almost no sleep, can still feel great joy,” he said.

It was expected to be a very close race and the contest lived up to its billing.

For months, Beauprez, a for-mer congressman, hammered at Hickenlooper’s record and blast-ed him for “failing to lead” on key issues including the death pen-alty and fracking.

Helping Beauprez during his campaign were Hickenlooper’s own words. The governor at times found himself walking back com-ments he made throughout the campaign, including remarks regarding gun control legislation that he gave to a group of sheriffs over the summer.

And Beauprez was helped by a national Republican wave that swept through Colorado and al-lowed the GOP to take over a U.S. Senate race here and to keep statewide offices that include at-torney general, secretary of state and treasurer.

But from the beginning, Hickenlooper focused his cam-paign on his stewardship over a state economy that has picked up steam under his watch. And he maintained a quirky, affable personality on the stump while keeping his promise to voters that he would never run a nega-tive campaign ad, despite some of the groups backing him doing so.

“I am so proud that we were able to run a positive campaign,” Hickenlooper said. “But we could not have done it without the en-couragement of the people of Colorado.”

Hickenlooper thanked his family and staff and supporters. He also thanked Democratic Sen. Mark Udall for his service, several hours after Udall lost his re-elec-tion bid to Republican Congress-man Cory Gardner.

The governor said Gardner called him that morning to con-gratulate him on the victory.

“He said, ‘We’re going to be able to work together very well,’ ” Hickenlooper said. “We’re going to do everything we can to move this state forward.”

Supporters cheer as Gov. John Hickenlooper gives a re-election victory speech inside the Capitol on Nov. 5. The race was not called until after 7:30 the morning after Election Night. Photo by Vic Vela

Republican gubernatorial candidate Bob Beauprez addresses the audience Oct. 29 at the Douglas County Fairgrounds in Castle Rock. Former Florida Gov. Jeb Bush came to Castle Rock last week to rally support for Beauprez and other Colorado Republicans that were running for o�ce. Photo by Mike DiFerdinando

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4 Elbert County News November 13, 2014

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Buck plans o�ce in Douglas County4th District Republican to represent the area in the U.S. HouseBy Jane [email protected]

Republican Ken Buck has life-long ties to the northern end of the 4th Congressional District, but the newly elected congress-man said he plans to open an office in Douglas County and is already familiar with the issues facing the southern part of the district that he will soon be rep-resenting.

The Weld County district at-torney easily won the seat dur-ing the Nov. 4 election, defeating Democrat Vic Meyers. Buck will take the seat vacated by fellow Re-publican Cory Gardner, who suc-cessfully challenged Democrat Mark Udall in a hotly contested U.S. Senate race.

The 4th District, redrawn in 2011, includes the Eastern Plains and runs the length of the state from Wyoming to New Mexico. It puts rural-flavored northern counties whose economies rely heavily on oil and gas produc-tion in the same district as more economically diverse, urban-in-fluenced communities like Lone

Tree, Castle Rock and Parker. The district also includes Elbert County, which borders both met-ro-area and plains communities.

What Douglas and Weld coun-ties have in common is growth. A recent U.S. Bureau of Labor Statistics report showed the two among the fastest-growing coun-ties nationally for adding jobs.

“It is in some ways a challeng-ing district,” said Buck, who took about 65 percent of the vote in the four-person race. “We don’t have a lot of urban, but a good bit of suburban and rural. I think there are some different issues based on different parts of the district, but there are a lot of federal issues that cross” the district.

Those include concerns about health care and energy.

Buck has been familiarizing himself with issues in the south-ern part of the district for months, and said he met with Lone Tree Mayor Jim Gunning before the primary election.

“He’s been wonderful in ex-plaining the issues with light rail, transportation, the infrastructure needs and other issues associated with Lone Tree,” Buck said. “I feel like of anyplace in the 4th Con-gressional District, I’ve spent the most time there to try to under-stand what’s going on.”

Buck said he’s also familiar with Parker.

“Certainly one of the big issues in Parker is water,” he said. “And in Douglas — one of the big growth issues is water for municipalities. As much as possible, I think the federal government should keep its nose out of state water law and let the State of Colorado address that issue.”

Buck’s plan of action includes helping ease the swelling dis-trict’s transportation needs.

“The transportation bill is go-ing to be up,” he said. “I’m going to look at the different options and do my best to make sure the State of Colorado and the 4th Congressional District have the money we need to move forward. I will not support a tax increase. But I think there are ways of re-ducing the bureaucratic load in D.C., and allowing more money to come to the states for infra-structure needs.”

Buck’s wife, Perry, is a Colo-rado House representative. They live in Windsor and have two adult children.

He doesn’t yet know where his Douglas County office will be, but said that “we’ll absolutely have an office in Douglas County.”

“In the short term, I’m going to be going back to an orientation in Washington, D.C., and hiring staff,” he said. “Starting in Janu-ary, I will absolutely be in Douglas County as much as I can.”

Republican Ken Buck waves to a crowd of GOP supporters Nov. 4 at the Hyatt hotel ballroom at the Denver Tech Center. Buck, the Weld County District Attorney, easily gained the open seat in the heavily conservative 4th Congressional District, defeating Democrat Vic Meyers, Libertarian Jess Loban and una�liated candidate Grant Doherty. Photo by Christy Steadman

Voters OK open school negotiationsBy Mikkel [email protected]

Voters signaled a desire for greater transparency in school board business by passing Proposition 104 — the only one of the four statewide ballot questions to earn

a green light on Election Day.As of the morning of Nov. 5, the count

was 70 percent in favor to 30 percent op-posed.

At its core, Proposition 104 would “re-quire that local school boards or their representatives negotiate collective bar-

gaining agreements in open meetings,” as highlighted in the state’s “blue book.”

Proponents support the measure as a way to ensure greater oversight of school board work in negotiations. On the other side, opponents argue that contract issues can be sensitive and difficult and are better handled in the private settings of executive sessions.

Jane Urschel, deputy director of the Col-orado Association of School Boards, said, “I am not surprised. I think what happened is most districts do not bargain, so it seems logical to do this board work in public.”

Jeff Wasden, president of the Colorado Business Roundtable, said the passage shows that voters can still pass indepen-dent issues.

“We are still a pretty conservative state and people expect transparency,” the Highlands Ranch resident said.

Other state questionsAmendment 68 failed by a ratio of 71

percent to 29 percent, based on unofficial Nov. 5 results. The measure would have al-lowed casino gambling at horse racetracks in Arapahoe, Mesa and Pueblo counties, with the gambling revenue to support K-12 education in the state.

Proponents stated the measure could have provided up to $114.5 million each year for public schools or about $132 per student beginning in the budget year 2016-17, as well as provide jobs in the region.

Opponents countered that the mea-sure competes with the 1990 statewide ap-proved limited-stakes gambling in Central City and Black Hawk in Gilpin County, and Cripple Creek in Teller County. Opponents also said gambling has a negative effect on surrounding communities.

“It shows that people want to hold true to mining towns and support those com-munities,” Wasden said.

Amendment 67, dubbed the “person-hood” amendment, was not expected to pass by many political experts and lost by a ratio of 64 percent to 35 percent.

The measure would have amended the state constitution so that the terms “per-son” and “child” in the Colorado criminal code and the state wrongful death statutes would include “unborn human beings.”

Supporters said the amendment would protect pregnant women and unborn chil-dren by making it illegal to kill or harm an unborn human being, according to the “blue book.”

The opposing argument stated the amendment is unnecessary and unclear, and would allow government intrusion into personal health care decisions.

Proposition 105 was defeated 66 per-cent to 34 percent. The measure would have required that foods that are genetical-ly modified or produced contain the words “produced with genetic engineering.”

Proponents claimed the labeling would increase the availability of information about Colorado’s food supply, noting the issue is not whether genetic engineering is good or bad, but rather that consumers should be informed.

Opponents said the proposition could result in higher food prices as the cost of labeling and compliance is passed on to consumers. Also, according to opponents of mandatory labeling, nationwide vol-untary labeling standards already provide consumers with reliable information on GMO products.

GOP keeps grip on three state o�cesSecretary of state, attorney general, treasurer posts go to RepublicansSta� report

As was the trend in several other races, Colorado voters chose Republican candi-dates to represent them in three statewide offices below the top-tier race for governor.

Republican Cynthia Coffman will re-place John Suthers as attorney general. She took 52.7 percent of the vote in a race against Democrat Don Quick (41.3 per-cent) and Libertarian David Williams (6 percent). Suthers, a Republican, is leav-ing the post to pursue the job of mayor of Colorado Springs, where the election will be held next April.

Coffman has served as Suthers’ chief deputy since 2005.

Republican Wayne Williams won in his bid for secretary of state and will replace fellow Republican Scott Gessler, who launched an unsuccessful bid for gover-nor. Williams garnered 48.6 percent of the vote, while Democrat Joe Neguse received 44 percent, with two other candidates combining to take the remaining 7.4 per-cent.

Williams is the El Paso County clerk and recorder, a position he was elected to in 2010.

Incumbent Republican Walker Staple-ton will keep his job as treasurer. He picked up 50.9 percent of the vote, compared to 44.1 percent for Democrat Betsy Markey and 5 percent for Libertarian David Jurist.

Stapleton was elected to his first term in 2010.

Page 5: Elbert County News 1113

Elbert County News 5 November 13, 2014

5

Tax laws undermine legalization of potLack of deductions may prove crippling to storesBy Katie KuntzRocky Mountain PBS I-News

The Nov. 4 elections meant sweeping victories for the marijuana industry na-tionally, but in Colorado, the outcome was more of a mixed bag.

Alaska, Oregon and the District of Co-lumbia legalized recreational marijuana, while only some communities in Colora-do chose to expand businesses. Voters in Lakewood, Manitou Springs and Federal Heights passed initiatives allowing retail marijuana shops to operate, while vot-ers in Palmer Lake and Ramah in El Paso County voted against recreational sales.

Nearly 100 new businesses received their licenses from Colorado regulators on Oct. 1.

Yet many of these new, voter-approved pot shops may find it difficult to survive a drug war-era tax code that already threat-ens many established businesses.

Under the code, the federal government stands to make more money from the sale of marijuana than those legally selling it. And that could be enough to shut down many shops.

“It’s almost like they want us to fail,” said Mitch Woolhiser, while walking through his store called Northern Lights Natural Rx in Edgewater. “Everything I do is aimed at keeping us in business because if I don’t, then (the feds) win. And I’m not going to let them win.”

Woolhiser believes the federal govern-ment is actively seeking to undermine his business.

Woolhiser first opened shop in 2010, selling medical marijuana. He started sell-ing recreational pot when it became legal in Colorado at the start of this year. Last year, his business didn’t earn a profit. Had he been selling anything but cannabis, he would not have owed federal income tax, as he ended up with a loss.

Instead, he ended up paying close to

$20,000 to the IRS because of a 1980s tax code called 280E.

“I believe that the feds extend the drug war through 280E,” said Jordan Cornelius, a Denver accountant who has worked with Woolhiser and many other marijuana companies in Colorado. “If (the federal government) can’t put them out of busi-ness legally when voters are mandating these businesses to move forward, it’s very easy to put them out of business finan-cially.”

Whether the government is actively enforcing the punitive code in an effort to undermine the legal marijuana business remains unclear. The Justice Department, Drug Enforcement Administration and Internal Revenue Service declined com-ment.

However, an IRS spokesperson provided a 2010 letter written in response to several lawmakers in Colorado, Massachusetts, Arizona and California who had asked the IRS to stop enforcing the tax code in states that legalized the sale of medical mari-juana. The IRS letter pointed out that only Congress could make that change.

“The result you seek would require the Congress to amend either the Internal Revenue Code or the Controlled Substance Act,” the IRS letter said.

Though multiple members of Congress received the letter, there has been little ef-fort to amend the code.

Instead, the federal government col-lects taxes on what it considers an illegal drug because the Supreme Court ruled more than 50 years ago that everyone has to pay taxes — even those who make their money illegally.

Then, in 1982, Congress amended the U.S. tax code to include 280E, which says businesses selling a Schedule I or II drug — like marijuana, heroin, methamphet-amine or cocaine — cannot deduct all of their regular business expenses.

The rule means that the “costs of the product,” like the soil and fertilizer used to grow plants, are deductible. But the “costs of selling,” like advertising, rent and utili-ties — even salaries for employees — are

not deductible.“If it made sense, I would feel better

about following it,” said Rob Corry, Denver attorney and marijuana advocate. “I don’t see why production is deductible — they are still producing marijuana!”

But that quirk in the tax code has helped many cannabis companies stay in business in Colorado. Medical marijuana stores were required to grow their own product, and therefore had some associ-ated deductions.

As of Oct. 1, cannabis companies are no longer required to grow the products they sell. But without growing, many may soon find that they will have very few, if any, business deductions when filing federal taxes next April.

“A lot of people think that the marijua-na industry is just a license to print mon-ey,” said Taylor West, deputy director of the National Cannabis Industry Association. “And it’s just not the case.”

West works for an association of more than 750 cannabis-related businesses across the United States, and says that 280E results in her clients paying more

than 70 percent of their profits in taxes to the federal government.

Sometimes, the rates are far higher than that.

“A lot of times, instead of paying a tax rate that should be 30 to 40 percent, they are paying rates between 80 or 90 percent,” said Cornelius, the accountant. “I even have a client right now that is paying more than 100 percent effective tax rate.”

Mac Clouse, a University of Denver fi-nance professor who studies the industry, said the status quo creates an inherent and perhaps fatal conflict.

“The problem is that we have passed laws that allowed these medical marijuana and recreational marijuana companies to do business,” Clouse said. “But we have all these other laws, tax laws, federal laws that make it incredibly difficult if not utterly impossible to survive.”

Colorado Community Media brings you this report in partnership with Rocky Mountain PBS I-News. Learn more at rmpbs.org/news. Contract Katie Kuntz at [email protected]

Vicki Murgach, a shift manager at Northern Lights Cannabis Co., rings up a customer’s order at the marijuana shop in Edgewater on Oct. 31. Photo by Rocky Mountain PBS I-News

Co�man retains seat in U.S. HouseIncumbent defeats challenger Romano�By Jennifer [email protected]

U.S. Rep. Mike Coffman, R-Aurora, emerged the victor in the battle over Colo-rado’s 6th Congressional District, with the numbers coming in not as close as many expected.

“My thanks to the voters allowing me to continue to serve in the United States House of Representatives,” he said to a packed room of ecstatic Republicans gathered at the Hyatt Regency Denver Tech Center the night of Nov. 4. “I pledge to serve with the same honor and integ-rity that I served with as an officer in the United States Army.”

Figures the morning of Nov. 5 showed Coffman earning about 52.9 percent of the vote to Democrat Andrew Romanoff’s 42.3 percent. Romanoff’s slight lead in total contributions as of Oct. 15 didn’t seem to help him. Romanoff had raised a total of $4.8 million, and Coffman had raised $4.2 million.

“This has been a very tough race, and I am a better candidate for it,” Coffman said.

Moments after his acceptance speech, more cheers arose as Fox News declared Coffman’s party had retained control of the U.S. House, with Coffman’s win con-tributing to that victory.

“Let us now move forward past this election, past the debate and past those horrible 30-second ads,” said Coffman.

His acceptance speech echoed his con-stant themes on the campaign trail, stress-ing his military background and longevity

in the newly realigned district, much more diverse than the last time he was elected.

“To the African-American and Hispan-ic communities who welcomed me into their homes, their businesses, their places of worship, I look forward to continuing to working with you on your journey to ful-filling the American dream.”

Coffman has touted his 17 years as an Aurora business owner and a military career that started in 1972. In 2005, he resigned his post as Colo-rado’s secretary of state to serve a tour with the U.S. Marines in Iraq.

“I’m the only member of the Colorado delegation

who served in the military during the Persian Gulf War and Iraq,” he said during a May interview.

He says that makes him uniquely quali-fied in his role as the chair of the Veterans Affairs Subcommittee on Oversight and Investigations, which he points to as a bastion of bipartisanship.

He’s said that his priorities for Colorado include relaxing regulations impeding the aerospace industry and encouraging more manufacturing. Like many in his party, he supports the repeal and replacement of Obamacare.

Romanoff, who recently moved to Au-rora, is the former speaker of the state House.

“Someone once said victory has a thou-sand fathers, but failure is an orphan,” Romanoff said in his concession speech. “I know my mother has always wanted a grandchild, so let me claim paternity for this defeat.”

Romanoff congratulated Coffman for his victory and told supporters that Coff-man has “served our country with honor and distinction.”

Co�man

Page 6: Elbert County News 1113

6 Elbert County News November 13, 2014

6

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Drone store lands in Castle RockRemote-controlled aircra� range from $45 to $10,000By Mike [email protected]

As the four-rotor white helicopter cir-cles the top of the iconic outcropping that gives Castle Rock its name, it sends back nearly crystal-clear images to its remote control down on Perry Street.

After a final pass around the star, the laptop-sized craft makes its way over the trees and cars and settles gently down on the sidewalk across the street from the fire station.

Drones have landed in Castle Rock.“There’s something about being able to

fly something that is so visceral,” said Ker-ry Garrison, co-owner of Castle Rock’s first drone store. “When you get something up in the air, there’s just a different feeling about it.”

Garrison and business partner Josh Gil-son have opened Multicopter Warehouse at 399 Perry St.

“Most people have seen remote-control planes or helicopters, and that stuff has been around for years and years. The tech-nology isn’t new. These quad copters and things aren’t really new. I’ve been flying them for five years,” Garrison said. “The technology now makes it accessible. It al-lows anybody from a child to a senior citi-zen to be able to pick one of these up and fly it. The appeal is the ease of use.”

Garrison and Gilson began selling drones online a little more than a year ago after developing a love of flying them as a hobby.

“They’re so hard to come by here in Col-orado and there aren’t many places online where you can get everything from or that had the stock we wanted, so we thought, `Why don’t we just do this? Why don’t we do a little site online?’ That’s how we start-ed,” Garrison said.

Business began to grow and soon the pair was taking orders from law enforce-

ment officials and firefighters.“We had so many local people wanting

to come by and get stuff. We were work-ing out of our garage at the time and it just wasn’t conducive to business,” Garrison said. “We were starting to sell higher-end stuff and meeting with law enforcement officials and firefighters and we decided that we really needed a place to meet.”

Both Castle Rock residents, the pair decided that the town would be a perfect location for a shop, as they could attract business from Denver as well as Colorado Springs.

Prices for the souped-up remote-controlled aircraft range from a basic $45 model to custom rigs that cost more than $10,000.

According to Garrison, Colorado is a great place to fly drones because there are very few laws restricting their use.

In Colorado, there are three basic plac-es where you cannot fly: national parks, state parks and parks that are controlled by Denver Parks and Recreation.

According to Garrison, aviation officials start to ask questions when flight exceeds 400 feet. Castle Rock currently has no laws restricting the use of remote-control heli-copters.

“In Castle Rock there are basically no restrictions,” he said. “It comes down to responsible flying.”

Increasingly, Garrison said he has been selling to police and fire departments.

“In the Springs, they’re using them to monitor controlled burns on Pikes Peak,” Garrison said. “Sending a full-sized he-licopter up there would cost them thou-sands of dollars an hour.”

Garrison said farmers have used drones to monitor livestock and builders have used them to inspect roofs for leaks.

There are concerns from some about privacy, however.

“There are certainly people who are concerned about privacy and people park-ing outside of their windows, but you can’t do that,” Garrison said. “First off, you have to have line of sight to be able to control it. Second, they sound like a lawnmower.

They’re not quiet. There’s nothing stealth about these things by any stretch of the

imagination. This is no different than pointing your cell phone across the street.”

Josh Gilson of Multicopter Warehouse prepares to �y a drone on Perry Street in downtown Castle Rock. Photos by Mike DiFerdinando

Josh Gilson and Kerry Garrison have opened Castle Rock’s �rst drone store, Multicopter Warehouse, at 399 Perry Street.

Page 7: Elbert County News 1113

Elbert County News 7 November 13, 2014

7

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A little nothing to help relax Sensory deprivation takes away distractions By Chris Michlewicz [email protected]

Any fan of “Seinfeld” knows that there is great signifi cance in the idea of nothing.

Steve Skalkowski believes in the concept so much that he left a successful 16-year career in the mortgage industry to start a busi-ness devoted to the pleasures of nothing. That is, sensory depriva-tion, a practice that completely removes daily distractions, if only for an hour or so.

Skalkowski converted a 1,200-square-foot space in the Plaza Center Offi ce Suites for-merly occupied by an auto leas-ing company into Astral Float Spa, the largest sensory-depriva-tion center in the Denver metro area. He opened his doors in July and has been growing the busi-ness ever since.

Looking around at the spare walls, Skalkowski readily ad-mits he still needs to do some decorating; the lone art piece on the wall simply says, “Enjoy the Journey.” And he knows that’s the entire point, the reason why people come. Astral Float Spa’s four sensory-deprivation cham-bers — each in a private room — resemble futuristic escape pods, and to some they are a gateway to enlightenment and clarity.

Freshly removed from a seri-ous relationship and searching for answers, Skalkowski came across a podcast by insightful-but-sometimes-vulgar stand-up comedian Joe Rogan, who ex-tolled the benefi ts of sensory de-privation so much that Skalkows-ki was convinced to try it.

“I had started meditating, but I wasn’t very good at it,” he said. “Every little thing would distract me.”

His fi rst experience in an iso-lation tank was transformative, and Skalkowski is fulfi lled when he sees fi rst-time customers have the same reaction. Some are at-tracted by the idea of utter relax-ation, a brief departure from the daily runaround. Nearly everyone is a candidate: hurried business executives, frazzled stay-at-home moms, overworked students and bruised and battered athletes.

“In such a sensory-overloaded society, this sensory deprivation is that escape, because there is nothing in this tank except for you,” he said. “You’re alone with your thoughts and you’re fl oat-ing, so your body doesn’t exist anymore.”

The fl oat tanks, as they are sometimes known, provide enough room to stretch out and are fi lled with 10 inches of water loaded with Epsom salt. The salt provides enough buoyancy for people to completely relax every muscle in their body and become suspended by the water, with no pressure points. Pitch-black sur-roundings and an absence of noise make users feel as if they are in space. Once the mind fi n-ishes reeling over the physics of

it all, a soothing calmness takes over.

“It literally takes me to an-other place,” Skalkoski said. “My breathing gets shallow, I have one long exhale and then I disap-pear.”

The 93-degree water is exactly the same temperature as the sur-face of human skin, which means users don’t overheat or get too cold. Coupled with the buoyancy, the result is a soft cocoon, like an invisible, form-fi tting hammock. Customers often leave with feel-

ing like they had a full-body mas-sage and therapy session in one.

The “sweet spot” for most regulars is an hour and a half, Skalkowski said. Light, ethereal music and ocean sounds start out faint and gradually get louder to signal the end of the session.

A shower immediately next to each tank allows customers to wash off perfumes, deodorants, colognes and body oils before entering the chamber, and also cleans the saltwater away at the end. The water in the tanks is

changed out regularly and goes through a powerful fi ltration sys-tem.

A one-hour session costs $45 and 1½ hours is $60. Rates are lower for members, and any mili-tary veteran with PTSD gets his or her fi rst session for free.

Astral Float Spa, 19031 E. Plaza Drive, accepts walk-ins, but ap-pointments are recommended. Hours of operation are 9 a.m. to 9 p.m. every day. Call 303-635-6671 or go to www.astralfl oatspa.com for more information.

Steve Skalkowski, owner of Astral Float Spa in Parker, stands next to one of the four sensory-deprivation chambers at the spa near South Parker Road and Plaza Drive. Photo by Chris Michlewicz

Page 8: Elbert County News 1113

8 Elbert County News November 13, 2014

8-Opinion

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It’s all good and there’s no problem, y’know? Geez, these are only suggestions. I hope

you didn’t think that any of this stuff was binding.

Stop signs. Speed limits. Turn signals.Carry-on baggage policies.“Please turn off your cell phone.” They

don’t say, “Or else.”“Dogs must be on a leash when off

of the owner’s property.” Certainly this doesn’t apply to everyone.

“Dog owners must pick up and properly dispose of their dog’s defecation both on and off the owner’s property.” Are you kid-ding me?

I read somewhere that a dog owner commits a Class 2 petty offense if, “The dog’s owner fails to prevent his or her dog from disturbing the peace of any person by loud, habitual, or persistent barking, howl-ing, yelping, or whining.”

What’s wrong with a little non-stop barking?

“No person shall stop, stand, or park a vehicle within fi ve feet of a public or private driveway.” My neighbors are in the clear. The ones who think they are living in a frat house. Party, dudes.

“No solicitors” sign on someone’s door? It’s just a proposal, not an ultimatum.

“The number you are calling is on the National Do Not Call Registry. If you are a solicitor, please hang up, and remove this number from your call list.”

Heck no. Who doesn’t want to be called by a politician’s aide?

“No skateboarding.” Ha!“No shirt, no service.” Try telling that to

Scout Willis.Rules, rules, rules, what are they good

for? Absolutely nothing.Etiquette? I’m no Emily Post. I had a

get-together and someone I didn’t invite showed up and ate most of the little sand-wiches.

Emily would have frowned on that, but not me.

I feel the same way when someone cuts in line, or cuts in front of me on the highway. Everything is beautiful (in its own way).

I was listening to an Up With People al-bum one afternoon, and there was a knock on the door.

Two young men were standing on my porch, holding out pamphlets. I love pamphlets. Both of them were dressed so nicely, in white shirts and ties.

And I could see their bicycles in the driveway.

Now, I know that some people refuse to welcome these fi ne young people. Not me, brother.

Elbows off the table. Don’t talk with your mouth full. Don’t play with your food.

If God didn’t want me to play with my food, why did he invent mashed potatoes?

Don’t run with scissors.

If you want to say “Wimbleton” instead of “Wimbledon,” you go right ahead.

If you want to say “poinsetta” instead of “poinsettia,” you go right ahead.

Who says what you order at Starbucks is featherbrained and pretentious?

Stand up for your rights, even if they are wrongs.

How are we supposed to appreciate good behavior if there is no bad behavior?

You don’t know how great it is not to have a toothache until you have had one, right?

You don’t know how great it is not to have swollen and bleeding gums, until you have had swollen and bleeding gums.

Maybe your neighbors are the equiva-lents of swollen and bleeding gums, but try to get along. Live and let live is my motto.

The frat boys took forever to rake their leaves, so a lot of them became my leaves.

When they fi nally got around to raking their leaves, they didn’t bag them. They piled them up right next to the fence.

I think I saw a family of snakes moving in. And that’s OK. I am an animal lover.

But I have to say that I kind of wish that leash suggestion was binding.

Smitty and I have been beset upon 14 times by unleashed dogs, and you never know what might happen. Smitty is a fi erce individual.

But not me. You will fi nd me at the cor-ner of Easy Going and Vine.

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

Kindly take notice of bid for kindness Are you kind?No, seriously, are you kind?You would probably agree that most

of us would consider ourselves kind. And we may have even been told by others just how kind we are from time to time, and maybe even all the time. Now certainly there are levels of kindness, right, I mean some of us are just kinder than others. These are the folks that are born with a stronger kindness gene and just can’t help themselves as the kindness pours out of them.

And we have all heard the terms like “Random acts of kindness,” or the slogan, “Kindness, pass it on.” Some might see these or hear these and feel they have been diluted over time or just ignore them as background noise, and idle niceties.

What if our kindness was purpose driv-en and intentional? Let me share with you an example of what that might look like. First let me share that Dr. Jill Pechacek, a Colorado physician and very close friend

of our family, was recently diagnosed with stage 4 pancreatic cancer. You may have seen her story on television, as most of the networks have covered her amazing atti-tude as she goes into battle. It’s her attitude of kindness that is truly amazing.

First let me share a little bit about Dr. Jill. Our family has known her for more than 15 years and she has helped us through every cold, cough, sniffl e, tummy ache, broken bone, headache, fl u, virus, disease and illness that our family faced

over the years. And regardless of how sick we were, we always received the warmest hug and biggest smile as we were treated. And all her patience would tell you that she never rushed you in and out of the exam room, she made you feel like you were the only patient in her offi ce. Kindness can be seen and felt in her actions and heard in each word she speaks.

Dr. Jill believes in God and she believes in kindness, she is a strong woman of faith. And even as she fi ghts for her life, she has issued a challenge to us all. She would like us all to complete 29 acts of kindness in 11 days, Dr. Jill’s 29:11 Challenge. The 29:11 challenge stems from the scripture found in the Old Testament book of Jeremiah. “I know the plans I have for you, declares the Lord, a plan to prosper you and not to harm you, plans to give you hope and a future.” Dr. Jill believes God has a plan for her and believes that, as she says, “God’s

Norton continues on Page 9

Page 9: Elbert County News 1113

district an additional $180 per year ($52 per $100,000 of a home’s value) and the average business owner about $220 per year. A sunset provision would have retired the tax after fi ve years.

The hoped-for revenue was intended to fund a School Resource Offi cer program for all the schools within the district, to upgrade learning technology such as computers, and to increase teachers’ salaries.

“That’s our biggest issue,” Richardson said. “We can’t compete in the marketplace for teachers. As teachers move on (to other districts), they are picking up the same jobs for about 26 percent higher salary.”

According to statistics published by the district, the teacher turnover rate in the dis-trict was 30 percent in 2014.

Question 3A was voted down 55.5 percent to 44.5 percent.

District voters had a little more stomach for Question 3B, which failed by a ratio of 52.7 percent to 47.3 percent, with only 413

votes separating the totals. The measure would have authorized the district to issue $2.5 million worth of bonds and to extend an existing tax, scheduled to sunset in 2019, for an additional 2 years. The district wanted to take advantage of low interest rates currently available for the bond issue while hoping vot-ers would be willing to extend a tax they have been paying for 15 years.

The $2.5 million bond proposal was aimed at specifi c capital improvements throughout the district, such as roof repairs at Singing Hills Elementary School and Elizabeth High School, replacement of an obsolete fi re alarm panel at Running Creek Elementary School, an update to an emergency communication systems, and the replacement of up to fi ve school buses.

Richardson said the projects proposed would still need to be completed, but un-dertakings such as the roof replacement of Elizabeth High School would be need to be completed piecemeal, thereby increasing the overall cost compared with completing it all at once.

According to Richardson, there was no or-ganized opposition to Questions 3A and 3B, and voters who talked with canvassers prior to the election reacted positively to both pro-

posals.“We fall between two major media mar-

kets and there was a lot of extra noise with a well-funded election,” said Richardson. “In a lot of cases we got lost in the noise.”

In a Nov. 6 press release, the school board expressed its disappointment at the result and encouraged voters to contact the board “to provide insight on their vote regarding the bond and the mill levy over-ride.”

The board is currently a party to a law-suit brought by the Colorado Rural Schools Alliance charging that the negative funding factor is unconstitutional.

ballot are banded together and moved along to the fi nal station for counting.

The last pair of election volunteers once again checks the number of ballots against the tracking sheet and runs the ballots through an Insight brand voting machine that counts and records the votes on an in-ternal cartridge. The Insight automatically re-jects miscast votes, such as two votes for one offi ce, but a miscast vote in one race does not disqualify the entire ballot, only the vote for that race.

When a batch is complete the machine prints out a thermal receipt, similar to the

one printed by a gas pump, with the vote tally for that batch. The signed envelopes, ballots, tracking sheet, and tally receipts are kept for 25 months following an election. The security sleeves are set aside for reuse.

“In previous years we printed election-specifi c instructions on the security sleeves,” Schroeder noted. “This year we used generic sleeves, so they can be reused.”

When the polls closed at 7 p.m., Schroeder began transferring the counts recorded on the Insight’s cartridges to a USB drive, and by 7:20 p.m., the tally was uploaded to the Colo-rado secretary of state’s election website.

Schroeder estimated that the initial re-port included approximately 80 percent to 85 percent of the total votes cast. An update was sent at around 8 p.m.

“I did the fi nal upload before going home at about 11,” Schroder said.

Schroeder’s work was far from fi nished at the end of Election Day. The tally does not be-come offi cial until a canvass board tests the machines and certifi es the result, which usu-ally occurs in the days immediately following an election. The two-member canvass board for Elbert County is made up of Jill Duval, Democratic chair, and Nancy Harris, treasur-er for the Elbert County Republicans.

“In order to maintain voter anonymity, we usually hold back a couple of batches for the canvass board to run along with the returned signature discrepancies to test the machine,” Schroeder said. “The process takes about four hours, but they (the canvass board) can test all 12,000 (ballots) if they want to.”

Schroeder will submit the fi nal certifi ed count to the Colorado secretary of state.

Elbert County News 9 November 13, 2014

9

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got this.” Please check her story out on Caring Bridge at http://www.caringbridge.org/visit/jillpechacek/guestbook.

And here’s the catch, she has also asked that none of the 29 acts of kindness be directed towards her or her family. She is encouraging us to live in intentional kind-ness, to think about our daily behaviors through the lens of kindness. And perhaps, if we can commit to 29 acts of kindness in 11 days, the biggest benefi t from our accepting the challenge will not be for the others we pour out kindness upon, it may just be us that benefi t the most.

As just one example, my daughter Em-ily and her boyfriend Kiel have accepted the 29:11 challenge and have made 29 brown bag lunches to deliver to the home-less over 11 days. The look of pride on her

face as she explained their plan was only exceeded by my own feeling of gratitude that she took the challenge so seriously.

Maybe committing to a program or organized event such as this is not some-thing that everyone can get their head around and support. And even if you can’t, my hope is that you are already living in kindness in your life and sharing that kindness with others.

How about you, can I encourage you to accept Dr. Jill’s 29:11 challenge, or are you already one of the people that others already consider kind? I would love to hear all about what you plan on doing and how it impacts you personally at [email protected], and when we walk out in kind-ness, it really will be a better than good week.

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

Continued from Page 8

Norton

Continued from Page 1

Ballots

Continued from Page 1

School

Continued from Page 1

Veterans

ELBERT COUNTY ELECTION RESULTS

BELOW IS a look at the outcome of local races in the Nov. 4 election.

County commissioner, District 2KELLY DORE, Republican: 7,622 votes (65 percent)

JOHN DORMAN, una� liated: 4,110 votes (35 percent)

County assessorBILLIE MILLS, Republican: 7,895 votes (67 percent)

JANE PENLEY, una� liated: 3,830 votes (33 percent)

Town of Kiowa mayorJASON KERBS: 95 votes (40 percent)

ANGELLA M. Clark: 79 votes (33 percent)

ALAX K. Jones: 65 votes (27 percent)

Elizabeth Schools Ballot Issue 3AYES: 3,485 votes (45 percent)

NO: 4,181 (55 percent)

Elizabeth Schools Ballot Issue 3BYES: 3,619 votes (47 percent)

NO: 4,032 votes (53 percent)

State Senate District 1JERRY SONNENBERG, Republican: Elbert — 9,092 votes (83 percent); overall — 44,700 votes (85 percent)

DOUG ADEN, ACN: Elbert — 1,912 votes (17 percent); overall — 7,618 votes (15 percent)

Unopposed candidatesTHE FOLLOWING candidates won election without opposition:

• TIM Dore, Republican, House District 64

• SHAYNE Heap, Republican, Elbert County sheri�

• DALLAS Schroeder, Republican, Elbert County clerk and recorder

• MIKE Grae� , Republican, Elbert County coroner

• KEITH Westfall, Republican, Elbert County surveyor

• RICK Pettitt, Republican, Elbert County treasurer

Election volunteers Connie Mills and Joan White remove ballots from envelopes on Nov. 4. Photo by Rick Gustafson

in service to the country.This was the fi rst year the class made the

trip up the hill to the memorial, but Bill Man-sell and Diana Robins-Mansell, the organizers

and a driving force behind the creation of the memorial, hope it is not the last.

“We hope they come every year,” Diana Robbins-Mansell said. “Our goal when we created the memorial was to educate. I was really excited when Kerry called me.”

The Elizabeth Veterans Memorial was dedicated in June of 2013 and is located at the entrance to the Elizabeth Cemetery.

Page 10: Elbert County News 1113

10 Elbert County News November 13, 2014

10

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Office: 303-795-0142 Fax: 303-795-7520

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Global stature on the riseBusiness leaders weigh 3 million mark in metro Denver areaBy Amy Woodward and Jane ReuterStaff writers

Denver may be home to more than 600,000 people, but add the surrounding cities and counties, and the Denver metro area is expected to collectively grow to 3 million people.

In fact, it may have already happened, a milestone that firmly places the area on the international radar in the global competition for jobs.

According to estimates from the State Demographer’s Office, the population may have hit the 3 million mark in mid-August, but demographers won’t know for sure until next July, said Elizabeth Garner, a state demographer.

In July, the estimated population of the Denver area was 2.951 million people.

“The growth that Colorado is experiencing right now is not that unusual,” said Garner, reporting an increase of 78,000 people last year compared to 120,000 people at one

time during the 1990s.Typical or not, local political and business leaders are

taking notice of the population growth and weighing in about what that means for the area.

“It’s a brave new world for us,” said Tom Clark, chief executive of the Metro Denver Economic Development Corp. and executive vice president of the Denver Metro Chamber of Commerce.

“At 2 million people, a metropolitan region becomes a perpetual job machine,” he said, citing a study conducted by a research economist in the early 1990s.

At the 2 million mark, a city begins to grow its own jobs and becomes self-sustaining, Clark explained. Money stays within the community longer and exits later while wealth and income tend to go up.

But at 3 million, a city or in this case — a metropolitan area — makes its debut on the world stage.

“Three million begins to put you into a global competi-tion for jobs,” Clark said.

In the past, Colorado’s biggest competitors for job lo-cations were Phoenix and Dallas. Today, Colorado’s direct competitors to the south are overshadowed by cities much farther away such as Dublin, Singapore and Toronto.

Clark credits transportation build-out, infrastructure

and a highly diverse economy for putting the Denver area on the global market. He pinpointed specific areas of the state’s economy that are in line with the U.S. economy — green and fossil energy, health care and wellness, IT, tele-com, bio-tech, aerospace and financial services.

Most of those industries already are well represented in Douglas County, which is seeing some of the fastest job-growth in the country. That isn’t expected to change any-time soon, with demographers predicting the population to grow by another third from about 315,000 to 478,000 in the next 25 years.

Much of that growth will center around light rail, pre-dicts Jeff Holwell, Lone Tree’s economic development director and former chief operating officer for the South Metro Denver Chamber of Commerce.

“New investment in office and commercial facilities is frequently moving towards transit and transit-oriented developments because it’s accessible for their employ-ees,” he said. “It’s becoming a pretty significant driver in new development. Because of that, Lone Tree is very well positioned for that kind of sustainable growth.”

Three additional light rail stops are planned in Lone Tree when the southeast extension is constructed, two of them on the currently undeveloped area of Lone Tree east of I-25.

Among the goals in the south metro area are invest-ments that will make it a major employment base.

“Currently, Lone Tree residents are either driving to Denver or Arapahoe County before they drive to a Doug-las County employer,” said Holwell. “As we attract more primary employment, having the option to live and work in the same community is a major goal of our economic development. You can live here and not have to fight the congestion.”

The south metro area is already home to several For-tune 500 companies, including CH2M Hill, DISH Network, Liberty Interactive, Western Union and Arrow Electronics.

Drawing more large employers, a range of housing options and creating walkable, transit-oriented develop-ments also will help cut down on the traffic and environ-mental impacts growth is likely to bring.

“We’re going to continue to grow whether we like it or not,” Clark said. “You need to be spending money to take good care of those assets that you don’t get back if you screw them up.”

Among the �urry of development in the Lone Tree area is a 230-unit apartment complex on the west side of Park Meadows Drive north of Lincoln Avenue. Two other apartment complexes are under construction at the Lincoln light rail station. Photo by Jane Reuter

DIVORCE AND Post-Decree Clinic. Elbert and Lincoln County Pro Se Divorce Clinic is o�ered from 9 a.m. to noon the third Friday of each month at the Elbert County Justice Center, 751 Ute St., in Kiowa. For information, call 303-520-6088 or email [email protected]. The clinic is free for parties who have no attorney and who are going through dissolution of marriage, legal separation, or post-decree cases. All walk-ins are welcome, and will be assisted on a �rst-come, �rst-served basis.

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

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

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

LAWYERS AT the Library, a free legal clinic for parties who have no attorney, will be o�ered from 6-9 p.m. the second Tuesday of every month at the Elizabeth Library, 651 W. Beverly St. Volunteer attorneys will answer questions, help �ll out forms

and explain the process and procedure for the areas of family law, civil litigation, criminal defense, property law, probate law, collections, appeals, landlord-tenant law and civil protection orders. Walk-ins are welcome. Everyone will be helped on a �rst-come, �rst-served basis.

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

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

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

A GREAT PLACE TO BEColorado ranked �rst in the country for the lowest obesity rate.A study released by Trust for America’s Health and the Robert Wood Johnson

Foundation considered adult obesity rates by state and reported that every state had obesity rates above 20 percent. Colorado reported the lowest rate of 21.3 percent.

A recent study by WalletHub ranked Colorado as the fourth happiest state in the country. The study considered 26 key metrics including emotional health, income levels, and sports participation rates. The top three happiest states in order were Utah, Minnesota and North Dakota.

Outside magazine released a ranking of the 100 best companies to work, with 28 of those businesses located in Colorado. Four of the top 10 spots and half of the top 20 were Colorado companies. Sphero, a Boulder-based robotic toy manufacturer, ranked third, the highest spot of all Colorado companies. Also in the top 20 was GroundFloor Media (4th), Zen Planner (6th), New Bel-gium Brewing (7th), ReadyTalk (11th), Global Works (14th), RoundPegg (15th), Cloud 9 Living (16th), TDA_Boulder (18th), and Adaptive Sports Center (20th).

AREA CLUBS

Clubs continues on Page 21

Page 11: Elbert County News 1113

Elbert County News 11 November 13, 2014

11

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Performing arts school winding through process K-8 Parker facility aims for fall 2016 opening By Jane Reuter [email protected]

A K-8 performing arts-themed charter school is moving slowly through the ap-proval process, aiming for a fall 2016 open-ing.

Parker Performing Arts School (PPAS) would accommodate 676 students, whose academic experience would include daily involvement in the performing arts.

The project was initiated by the founder of Ben Franklin Academy, Jason Sanders, who also is proposing to launch the coun-ty’s fi rst high school-only charter school, John Adams — possibly in Highlands Ranch sometime in the next two years.

Sanders, a patent attorney; John Car-son, former Douglas County School Board president, CU Regent-elect and fellow at-torney; and real estate broker Travis Cottle all are on the boards of directors for both John Adams High School and PPAS.

PPAS board president Catherine

Piepenbrink said the three men will help launch the school and later be replaced on the board by parent volunteers.

Exposure to the arts at PPAS will start immediately, with classes in ballet and vio-lin offered as early as kindergarten. Piano, guitar, voice, choir, musical theater and theater classes will be available to older students.

The project conceived two years ago has “had a few bumps” that have pushed back the original, hoped-for 2015 opening, Piepenbrink said.

PPAS made its preliminary submission to the Douglas County School District in 2014, then withdrew its application based on DCSD staff feedback. They plan to re-submit in early 2015 with what Piepen-brink said is a much stronger application.

“We’ve been revising and strengthen-ing our charter application so we can sub-mit the very strongest charter to Douglas County, one that is likely to be approved,” she said. “We expect approval from the dis-trict in the spring or early summer.”

Despite the delay, both proponents and prospective students remain excited.

The fi rst day of school at PPAS can’t

come soon enough for Parker resident Tif-fany Maestas’ 8-year-old daughter Ryla, who already is a competitive dancer.

“Even when she was a baby, she would always be the entertainment at family gatherings,” her mother said. “She dances at the Colorado School of Dance in Parker, travels and competes in dance and is very passionate about musical theater. So she’s super excited about Parker Performing Arts. She asked me just last night, `When do I get to go to that school?’”

Maestas said the draw is more than just the performing arts. She plans to enroll her now 2-year-old son there, too.

“I don’t know if he’ll be as passionate about the performing arts as my daughter is, but I think all the qualities you develop while participating in the performing arts will defi nitely be an advantage — the cre-ativity, self-confi dence and collaboration,” she said. “The blended learning environ-ment and technology they’re planning to use is just going to be amazing.”

Piepenbrink agreed, saying the skills needed to perform easily translate to the workplace, which means students who at-tend PPAS won’t necessarily make a career

of the arts.“There’s nothing better than having

performed in plays or being a musician, having that dancer’s mind, to help deal with ambiguity, being creative, looking at problems from a different angle,” she said. “The people that are successful in jobs are creative and innovative.”

A love of or talent for the performing arts isn’t needed to attend the public school.

“We want to make it accessible to chil-dren of all levels,” said Piepenbrink, who has a degree in theater and an MBA in or-ganizational leadership. “There will defi -nitely be kids in our school who are prodi-gies and who excel. But there will also be kids for whom this will be their fi rst intro-duction. We’ll have kids on both ends of the spectrum and everything in between.”

School supporters don’t yet have a site, but would like the building to be along the E-470 corridor with quick access to Inter-state 25. That location would accommo-date students they believe will come from a wide geographic area.

PPAS plans a series of community meet-ings starting in January. For more informa-tion, visit www.parkerperformingarts.org.

Incumbents retain council seats in Parker Holland, Martin notch convincing wins By Chris Michlewicz [email protected]

There are two familiar faces and one new one on Parker Town Council, accord-ing to unoffi cial voting results from the Douglas County Clerk and Recorder’s Of-fi ce.

Incumbents Amy Holland and Josh Martin appear to have retained their seats on town council, tallying 8,617 and 7,247

votes, respectively.Renee Williams, a newcomer to local

politics, was in third place with 6,496. The next closest opponent was Mark Malsam with 3,522 votes. First-time candidates Mark Schmitt, Mark Lane, Al Bollwerk and Dustin Jensen each had 3,425 votes or less.

Holland, Martin and Williams, the three candidates who advertised their runs for offi ce together, gathered with supporters Nov. 4 at the new Vehicle Vault storage fa-cility near Lincoln Avenue and Twenty Mile Road to await the results.

Mayor Mike Waid quieted the crowd and read the numbers aloud. The results were greeted with raucous cheers and hugs for the victors.

Eight challengers mounted campaigns for three open seats on council, a six-member board that guides town decisions and approves the annual budget.

Holland and Martin were fi rst elected in 2010 and have been instrumental in many of the ongoing projects in Parker, includ-ing the new Parker Library, the expansion of the Parker Recreation Center and the redevelopment on King Soopers in Cot-tonwood.

Martin says he is relieved to have the chance to continue working on initiatives he has helped start.

“You put so much time and effort into it. Some of these things we’ve been working on since we got elected four years ago,” he

said. “A lot of times you don’t get to see the project all the way through.”

Williams said she is excited to learn the fi ner points of the job and maintaining the positive trajectory that the town is follow-ing.

“It’s going to be a fabulous experience,” she said.

Williams, the owner of an in-home health care service, is eager to begin fi nd-ing ways to bring more housing and ad-equate transportation for seniors and peo-ple with special needs.

If the results are made offi cial, the win-ners will be sworn in during a meeting at town hall in December.

Page 12: Elbert County News 1113

12 Elbert County News November 13, 2014

12

Mountain Artists Holiday Show Nov. 29By Pat [email protected]

Known for his paintings of Pikes Peak, his reverence for the region’s signature landmark, Ken Shanika is among the artists at the annual Mountain Artists Holiday Show Nov. 29.

“My passion has always been landscape,” he said. “I moved up here because, years ago in 1984, we took a vacation here.”

Distinguished by the scenic variety of Pikes Peak, Shanika’s works may be created on a mountain top, or standing on a rock from what looks like a precarious position — just to catch the Peak from another angle.

Founder of Pikes Peak Plein Air Painters, Shanika appropriately paints outside - almost anywhere. “My passion is painting Pikes Peak and the entire Rocky Mountains I probably do four paintings of the Peak to every other paint-ing I do,” he said.

Shanika writes about his muse in a re-lease: “When painting, my objective is to tell a story and, at the same time, conjure up some emotion from the viewer. I strive to achieve a mood in every painting through the use of such visual stimuli as subject, color, pattern and drawing.”

For the holiday show and sale, Shanika of-fers greeting cards of his works as well as min-iature prints, framed and unframed. “I will bring some original watercolors that have not been seen before,” said Shanika, who is better known for his oils.

Over the years, Shanika has gained a repu-tation for inspiring the youth of Teller County to become artists. His students have distin-guished the county with their awards and rec-ognition in contests around the region.

This year, Shanika’s award-winners are: David Yarger, Kayla Liller, Caleb Yarger, Grace Medran and Salem Couch. “I let them find their voices and they’re doing things I can’t do,” he said. “I get goose bumps; it just makes me feel wonderful. Because that’s what a teacher is supposed to do.”

To help fund his work, including scholar-ships, Shanika features his painting in the one-man show, “Vanishing Vistas” in Decem-ber at Park State Bank & Trust. A major portion of all sales will go toward funding his youth programs. “My passion is the teaching. I’m 63 and it’s time to do the things that count rather than the things that add up,” he said.

The show opens with a reception from 3 to 6:30 p.m. Dec. 5.

If it’s Pikes Peak, Ken Shanika knows it well. In addition to showing his work at the Mountain Artists Holiday Show, Shanika is doing a one-man show in the Eichman Gallery at Park State Bank & Trust in December. Courtesy photos

LEFT: Ken Shanika is among the artists at the Mountain Artists Holiday Show Nov. 29. RIGHT: Oil paintings by Ken Shanika re�ect the personality of Pikes Peak, from various standpoints. Shanika is among the artists who exhibit their works at the Mountain Artists Holiday Show Nov. 29.

Jury trial continues for man accused of killing motherBy Christy [email protected]

The sister of a man accused of killing his mother in 2012 testified in court Oct. 29 on what was day seven of an expected-to-be, al-most 4-week jury trial for Centennial man, Ari Misha Liggett.

Ari Liggett, 26, was arrested Oct. 17, 2012, after law enforcement reportedly found the dismembered corpse of Beverly Liggett, 56, in his possession.

Liggett is thought to have poisoned his mother after being removed from her will.

Testimony from his sister, Livie Liggett, re-vealed information concerning Ari Liggett’s mental illness and matters concerning Bev-erly Liggett’s will.

On Oct. 4, 2012, Beverly Liggett was visit-ing her in Fort Collins, the sister testified. She stated the two had a good day together cele-brating her mother’s birthday, and it was then that her mother had informed her where she kept her will.

It was not until Oct. 16, 2012, when the sister opened the file and saw Ari Liggett had been taken out of the will. Under oath, she stated she believed the change might have

MORE INFORMATIONThe Mountain Artists Holiday Show is from 10 a.m. to 4 p.m. Nov. 29 at the Ute Pass Cultural Center. The show re�ects the artistry of the region, from jewelry, collectibles and photography to baskets, gifts, bowls, wall hangings, table art, cards, signs and painting.

Page 13: Elbert County News 1113

Elbert County News 13 November 13, 2014

13

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Sky Ridge leader earns national awardMarkenson honored for work with American Red CrossBy Jane [email protected]

When 14-year-old David Markenson took his first lifeguard class with the American Red Cross, he knew little about the organization that someday would honor him with one of its most prestigious awards.

Markenson, chief medical officer at Lone Tree’s Sky Ridge Medical Center, received the Harriman Award for Distinguished Volunteer Service on Oct. 29 from the American Red Cross — a compassionate care entity to which he now has deep ties. The Harriman Award

is the highest level of recognition an indi-vidual can receive for volunteer services and is awarded to a single person nationally each year.

“It was an incredible honor and an incred-ible shock,” said Markenson. “I was very hum-bled in thinking I was selected among the tens of thousands of people who donate their time to the American Red Cross, and how incredible it was to be recognized for work I just love to do.”

Markenson estimates he gives 10 to 20 hours a week to what he describes as “behind-the-scenes work” few are familiar with.

As chair of the ARC’s Scientific Advisory Council, he leads a team of medical experts that guide the Red Cross on emergency treat-ments and practices.

“We decide what goes into a CPR course,

how a lifeguard should be trained to save a life, how a person should respond in a disaster and prepare their homes,” Markenson said.

Each item is reviewed a minimum of every three years, and either retired, reaffirmed or revised.

A recent discussion centered on whether the best method for conducting CPR includes chest compressions alone, or compressions with breath.

“Our committee provided some very clear guidance,” Markenson said. “It is true com-pression only is much easier to learn, but com-pression with breath gives you a better chance of that person surviving.”

He also works with representatives interna-tionally to talk about the proper response to a variety of health care issues.

“A classic example is recent threats such as

Ebola,” he said. “We got phone calls such as what should we tell the public and how should we prepare if it ever became an issue and we had to run a care center.”

Markenson said Sky Ridge and its parent company make his volunteer work possible.

“It’s above and beyond my normal work at the hospital,” he said. “Sky Ridge and HealthONE are so supportive, they allow me to alter my schedule to do things that often require me to be out of the office.”

A father of three, Markenson is a recreational pilot in his rare spare time.

The board-certified pediatrician has dedi-cated his career to improving pediatric care, disaster medicine, EMS and emergency medi-cine.

Jury trial continues for man accused of killing motherBy Christy [email protected]

The sister of a man accused of killing his mother in 2012 testified in court Oct. 29 on what was day seven of an expected-to-be, al-most 4-week jury trial for Centennial man, Ari Misha Liggett.

Ari Liggett, 26, was arrested Oct. 17, 2012, after law enforcement reportedly found the dismembered corpse of Beverly Liggett, 56, in his possession.

Liggett is thought to have poisoned his mother after being removed from her will.

Testimony from his sister, Livie Liggett, re-vealed information concerning Ari Liggett’s mental illness and matters concerning Bev-erly Liggett’s will.

On Oct. 4, 2012, Beverly Liggett was visit-ing her in Fort Collins, the sister testified. She stated the two had a good day together cele-brating her mother’s birthday, and it was then that her mother had informed her where she kept her will.

It was not until Oct. 16, 2012, when the sister opened the file and saw Ari Liggett had been taken out of the will. Under oath, she stated she believed the change might have

been done in January 2010, and she was not sure if Ari Liggett knew of any modifications to the will.

Despite results of mental evaluations stemming from an unrelated arrest in March 2010, in which two of three evaluations indicated Liggett has mental issues, a court-ordered competency exam conducted in February 2013 deemed Liggett competent

to stand trial.The sister testified Oct. 29 that

Ari Liggett has “always struggled with his men-tal problems,” and that his mental illness has been consistent. She said her mother was di-agnosed bi-polar, but that she was “extremely aware” of her disability and had a medication regime that kept it under control.

Nothing helped Ari Liggett, the sister said, stating that in September 2012 she observed his symptoms were getting worse. She said certain behaviors recognized as physical symptoms of his mental illness, such as stand-ing and staring at a wall for hours, occurred regardless if he was on his medication or not.

The sister testified that she knew her moth-er was afraid of Ari Liggett, and Beverly had

“significant concerns for his mental health.”Ari and Beverly Liggett were reported miss-

ing from the home they shared in the 6200 block of East Peakview Avenue on Oct. 15, 2012, after she failed to return phone calls.

A news release states that credit card trans-actions were monitored the following day, which led law enforcement to believe the missing persons had traveled to the Western Slope of Colorado.

On Oct. 17, 2012, Arapahoe County sher-iff’s deputies spotted the vehicle connected to the missing persons being driven in an adja-cent neighborhood. A Greenwood Village Po-lice Department officer attempted to make a traffic stop, but the vehicle eluded the officer.

The vehicle came to a stop after it was in-volved in a one-vehicle crash near the East Or-chard Road and South Dayton Street intersec-tion. Ari Liggett was then arrested after a brief foot pursuit, the release states.

Law enforcement discovered Beverly Liggett’s body parts in the back of Ari Liggett’s gold Honda CRV. Arapahoe County Sheriff’s Office investigator Craig Clark testified at a preliminary hearing in June of last year that the remains of Beverly Liggett’s body were contained in two large, locked plastic tubs filled with a mixture of cottonseed oil and vin-

egar.Liggett claims he did not kill his mother,

but did hope to hide the body so he could use her credit cards, calling on “two friends from jail to help get rid of the problem,” police re-ports state. Investigators’ reports claim that Liggett believed if no one knew his mother was dead, he could spend her money.

Reportedly, Ari Liggett said he planned to seal the boxes with silicone putty, lock them in a rented storage building in the mountains and let his mother’s body slowly dissolve in the vinegar mixture, according to investiga-tors’ reports.

Autopsy reports reveal that Beverly Liggett died of cyanide poisoning, which was found in her body, as well as in that of the family cat. A veterinary pathologist testified Oct. 29 that he “found no other cause of death” for the cat, but testified that it is unknown how the cat in-gested the cyanide.

A search of the Liggett residence found a shot glass containing potassium cyanide in the refrigerator, traces of blood, vomit and a handsaw and knife in the dishwasher.

Liggett’s case presides before 18th Judicial District Judge Michelle Amico at the Arapahoe County District Courthouse. The jury trial is scheduled through Nov. 14.

Liggett

Page 14: Elbert County News 1113

14 Elbert County News November 13, 2014

14-Life

LIFES O U T H M E T R O

Close look at body of workMothersbaugh’s time in DEVO just part of varied artistic backgroundBy Sonya [email protected]

“Mark Mothersbaugh: Myopia” opened on Oct. 31 at the Museum of Contemporary Art Denver and is pre-sented throughout the entire museum building through April 12, 2015.

The exhibit, curated by MCA Director and “Chief Animator” Adam Le-rner, will next launch on a national tour to Minneapo-lis, Cincin-nati, Austin, Cleveland, Santa Monica and New York, running until April 2017.

In con-junction with the exhibit, Princeton Architec-tural Press

has published “Mark Mothersbaugh: Myopia” with a forward by Wes Anderson and essays by Maria Elena Buszek, Adam Lerner, Carey Levine, Shepard Fairy and Steven Wolf, which will be available at the museum’s shop.

Mothersbaugh is well known world-wide as a founding member of the popu-lar band DEVO, but is less known as a prolific visual artist — a career he started before the band was formed by friends at Kent State University. The band’s name came from the word “devolution,” and he explores the interconnections between humans and machines, between visual art and music, via a variety of mediums.

The exhibit includes newly produced musical and sculptural installations, doc-umentation and music from the DEVO days, prints, drawings, paintings, rugs, sculptures, prints, video animations and a lifelong series of postcard-sized works,

which will be exhibited in its entirety for the first time at MCA Denver.

The artist is quoted by MCA Denver’s publicist: “When I came to Denver while touring with DEVO a few years ago, I was struck by the vitality and positive energy in the city and experiencing the Museum of Contemporary Art was definitely a high point. When the museum invited me to work with their team on an exhibi-tion of this kind, I was happy to have the

opportunity to show Denver, and ulti-mately the world, what I’m really about.”

This extensive retrospective of-fers a portrait of an important artist in contemporary culture. It will add to a visitor’s understanding of what the MCA describes as “a largely misunderstood band and Mothersbaugh’s role in the emergence of contemporary culture, including punk rock and even today’s street artists.”

“Monument to the conquerors of space” by Mark Mothersbaugh is included in the career retrospective of his work at MCA Denver. Courtesy photos

“Mechanical Aviary” by Mark Mothersbaugh is included in “Mark Mothersbaugh: Myopia” at the Museum of Contemporary Art Denver.

Film features power of powder

“No Turning Back” is Warren Miller’s 65th film, released this fall. Tickets are on sale for screenings of this celebra-tion of winter sports in Niseko, Japan, the Swiss Alps, Montana, France and more. Name athletes are featured. In the south area, “No Turning Back” will show at the PACE Center, 2000 Peakview Ave., Parker, at 7 p.m. Nov. 23 and again at 7:30 p.m. from Nov. 24-26 at Lone Tree Arts Center, 10075 Commons St., Lone Tree. Tickets: warrenmiller.com.

Poster show and sale setEnglewood’s developing Depot Let-

terpress Museum will hold a celebration of progress on the Depot and a poster show and sale from 4 to 8 p.m. on Nov. 15 at Brews on Broadway, 3445 S. Broad-way, Englewood. Posters are specially de-signed by 20 of the world’s best letterpress printers from New Mexico, Australia, Or-egon, Brazil and Colorado. Sale price will be $30 each and all proceeds will support the Depot. Posters will be on display Nov. 15-22 at Brews on Broadway.

Santos exhibitedThe O’Sullivan Art Gallery at Regis

University, 3333 Regis Blvd., Denver, fea-tures an exhibit of Santos by local artists through Dec. 5. There will be a gallery talk by Tom Riedel, curator of the Regis Santos Collection, at 7 p.m. Nov. 13, and a Santos Market from 10 a.m. to 4 p.m. on Dec. 6. The Regis Santos Collection on the Third Floor of the Dayton Library has been renamed The Rev. Thomas J. Steele S.J. Gallery and is open to the public. Gal-lery hours: 10 a.m. to 4 p.m. Tuesdays, Wednesdays, Fridays; 2 to 8 p.m. Thurs-days. Regis.edu.

Englewood Arts PresentsMusic by Beethoven, Ravel and Villa-

Lobos will be performed by at 2 p.m. Nov. 22 by Catherine Beeson, viola; John Hil-ton, violin; Jeff Watson, cello; James Hall, flute; Ann-Marie Liss, harp. Up Close and Musical strings. Tickets: $20 adult/$15 senior/free under 18. Englewoodarts.org, 303-806-8196.

Audubon contestPhotographers are invited to enter the

Share the View International Nature Pho-tography Contest, sponsored by Audubon Society of Greater Denver. Cash awards. Top 250 featured on the contest website in 2015, showcasing with photographer’s name and website link if requested. De-tails at denveraudubon.org.

Nutcracker timeDenver Ballet Theatre presents its

2014 production of “The Nutcracker,” directed by David Taylor, at 2 and 7 p.m. on Nov. 25-26 at the PACE Center, 20000 Pikes Peak Ave., Parker. Tickets: pacecen-teronline.ticketforce.com.

Denver Brass“Merry Band of Brass in Sherwood

Forest” is a concert by the Denver Brass, with the Lamont Brass Ensemble, held at 7:30 p.m. Nov. 15 at Bethany Lutheran Church, 4500 E. Hampden Ave., Cherry Hills Village. The program will include music from “Carmina Burana,” Wagner, Carl Orff and more. Tickets start at $20, with discounts for seniors, students, chil-dren. 303-963-3333.

IF YOU GOThe MCA Denver is located

at 1485 Delgany St., at the in-tersection with 15th Street in Denver’s LoDo neighborhood. Winter hours: noon to 7 p.m. Tuesdays through Thursdays; noon to 9 p.m. Fridays and Saturdays; 10 a.m. to 7 p.m. Sundays. Admission: $8/$5, free 12 and under. See the website, mcadenver.org, for future programming related to the show, as it is developed. 303-298-7554.

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Page 15: Elbert County News 1113

Elbert County News 15 November 13, 2014

15

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‘Mute Earth’ spurs individual responses MOA exhibit features work of Colorado College professor By Sonya Ellingboe [email protected]

“At the outset of `Mute Earth,’ I was curious about what I have taken to be the indifference of elemental matter — dirt, salt, water, wind, light …,” says the artist’s statement for the Scott Johnson exhibit at Museum Outdoor Arts in Englewood.

“I was considering how these things seemed to be without sentiment and how any meaning we might fi nd in the various forms they take is assigned by us … There are two qualities, however, that strike me above all — rawness and verticality. The fi rst evokes a certain vulnerability, the second a certain relationship with grav-ity. I offer these not as interpretations of the work presented here, but as access points.”

Although several children bounced and ran around the room, the mood was generally subdued at the Nov. 1 opening of sculptor/installation artist Johnson’s stimulating new exhibit, “Mute Earth,” at the Museum Outdoor Arts’ indoor gallery in the Englewood Civic Center (through April 11, 2015).

Look for a handout sheet at the desk, with a map of the exhibit and Johnson’s statement about his work.

One enters the MOA gallery at Engle-wood Civic Center through a pair of “Sen-tinels,” described as “rammed earth and mild steel.” They are a 21st-century ver-sion of the architectural columns that have framed doorways throughout his-tory.

Immediately ahead is “Terminus” — “glass, slip clay and mild steel,” which falls into the “Curiosity Cabinet” kind of installation he describes in his writ-ing — shelves of fragile-looking clay ob-jects, which, as a whole, add bulk to the scene. From there, the eyes and feet are led toward the rear of the large gallery, by photographs and other single, but related installations. At the right rear in a sepa-rate space is the fascinating “Forest,” with multiple pencil-sized steel cylinders sus-pended on shining copper wire — imagi-natively lit.

Viewers will generate their own re-sponses, depending on the cumulative experience they bring to the exhibit. They will not fi nd the extensive interpretive text that accompanies many exhibits.

The entire gallery is fi lled with instal-lations and photography by the versatile Colorado College professor, who works in a variety of materials to create instal-lations and large-scale objects that speak about the environment — and human connection or lack of it.

Earth tones, high-contrast photo-graphs and strong shapes lead the eyes

through the gallery, and the Sound Gallery at the back of-fers pleasing w a t e r / s u r f noise, called “Song,” while the adjoining White Gallery includes a light-jet print called “Baer S h o r e l i n e ”

and a video called “Geyser — a preamble,” which is called “an ongoing project.”

“My practice is threefold,” his website says: collection, architectural interven-tion and experimentation.

Johnson is associate professor of art at Colorado College in Colorado Springs, teaching sculpture, photography, senior seminar and special topics courses and more.

His written statement concludes: “There are two qualities, however, that strike me above all — rawness and ver-ticality. The fi rst evokes a certain vulner-

ability, the second a certain relationship with gravity. I offer these not as interpre-tations of the work presented here, but as access points.”

“Terminus” is a collection of objects, created from glass, ceramic slip and mild steel, in Scott Johnson’s exhibit, “Mute Earth,” at the Museum Outdoor Arts indoor gallery in Englewood. Photo by Sonya Ellingboe

Close up of objects in “Terminus,” exhibited near the entrance of Scott Johnson’s exhibit “Mute Earth” at the Museum Outdoor Arts indoor gallery in Englewood. Courtesy photo

CURTAIN TIME Cole Porter treat

“Anything Goes,” Cole Porter’s classic American musical, will play at Town Hall Arts Center, 2450 W. Main St., Littleton, from Nov. 14 through Dec. 28. Directed and choreographed by the award-winning Nick Sugar, with

co-choreography by Kelly Kates and musical direction by Donna Debreceni. Performances: 7:30 p.m. Thursdays, Fridays, Saturdays; 2 p.m. Sundays and Nov. 29, Dec. 6, Dec. 13, Dec. 20; and 6:30 p.m. Dec. 14. Tickets: $25-$45 at townhallartscenter.org, 303-794-2787,

ext. 5 (10 a.m. to 5 p.m. Monday-Friday and one hour before shows).

Lighthearted musical“She Loves Me,” with book by Joe

Masterhoff, music by Jerry Bock and lyr-ics by Sheldon Harnick, plays Nov. 25 to

Dec. 21 at the Arvada Center, 6901 Wad-

sworth Blvd., Arvada. Performances:

7:30 p.m. Tuesdays through Saturdays; 1

p.m. Wednesdays; 2 p.m. Saturdays and

Sundays. Tickets start at $53, arvada-

center.org, 720-898-7200.

IF YOU GO“Mute Earth” will be exhibited

through April 11, 2015, in the Museum Outdoor Arts’ indoor gallery in the Englewood Civic Center, 1000 Englewood Parkway. Hours: 10 a.m. to 5 p.m. Tuesdays through Thursdays; 10 a.m. to 4 p.m. Fridays; 11 a.m. to 4 p.m. Sat-urdays. Admission is free. moaon-line.org, 303-806-0444.

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Page 16: Elbert County News 1113

16 Elbert County News November 13, 2014

16

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THINGS TO DO

Mesa Verde stars in art showWildlife Experience display is result of group journeyBy Sonya [email protected]

“Rims to Ruins,” which opened with a re-ception on Nov. 5 at The Wildlife Experience, is the result of a paint-out for 31 invited Western artists last May at Mesa Verde National Park — a location where every ruin, wall, tree and vista looks like material for an artist to record.

The event was organized by the Castle Rock-based Mesa Verde Foundation, which exists as a philanthropic partner to treasure the park — one of the original 12 UNESCO World Heritage Sites. The foundation raises funds for capital improvements, projects and educational endeavors, according to the web-site.

And for a second year, “Rims to Ruins” is a means to raise funds and provide the public

with an opportunity to enjoy works by artists whose hearts are in the West.

There are oils, watercolors, pastels, pencil drawings and — new this year — sculpture and a “small wall” of small paintings.

While there may be several interpretations of Spruce House, for example, the artistic eyes scanned far and wide and one will see other ruins, canyons, gnarled trees, wildlife and imagined ancient residents. “America’s finest living Western artists capture the light, land-scape and grandeur of Mesa Verde National Park,” said the invitation to “Rims to Ruins.”

Paintings and sculptures are for sale through the duration of the exhibit — and/or one can get a small-scale image of what’s ex-hibited by going to the foundation’s website: MesaVerdeFoundation.org.

Lorenzo Chavez of Parker was one of the artists invited to participate in the Mesa Verde plein air event. His “Moonrise Mesa Verde” was inspired by the May visit to the park, he said. “As I was headed back to my lodging, I witnessed the full moon rising with a co-balt sky; the moon appeared to be an orange globe.”

Chavez works in both pastel and oil and participates in a number of national and in-ternational invitational and group exhibi-tions, such as the Pastel Society of America Show in New York, Pastel Society of Spain, Pastel Society of France, Coors show in Den-ver, and many more. He was featured in a one-man show at the C.M. Russell Museum and is a new member of Plein Air Painters of America. He lists seven galleries that represent his work, including Elements 5280 in Green-wood Village.

Artist Lorenzo Chavez paints at Long House Ruins at Mesa Verde during the plein air painting session in May 2014. Courtesy photos

“Moonrise Mesa Verde,” oil 30 x 30 by Lorenzo Chavez, was inspired by a moonrise against a cobalt blue sky at Mesa Verde. It is included in the Mesa Verde Founda-tion’s “Rims to Ruins” exhibit at the Wildlife Experience.

IF YOU GOThe Wildlife Experience is located at 10035 Peoria St., Parker (at Lincoln Avenue) and it is open 9 a. m. to 5 p.m. seven days a week. Adult admission is $10, which in-cludes all exhibits.

EDITOR’S NOTE: Calendar submissions must be re-ceived by noon Wednesday for publication the following week. Send listings to [email protected]. No attachments, please. Listings are free and run on a space-available basis.

EventsMIDDLE SCHOOL Craft Fair

ELIZABETH MIDDLE School plans its 31st annual craft fair from 9 a.m. to 3 p.m. is Saturday, Nov. 15, at 34427 County Road 13, Elizabeth. The fair fea-tures quality homemade arts and crafts from more than 70 crafters and the popular cookies by the pound sale. Contact number is 303-646-4520 or visit http://www.elizabeth.k12.co.us/CraftFair.aspx.

100-MILE CHALLENGE Hiking Group

LOOKING TO enjoy the great outdoors with others? Want to work on hiking the 100 miles needed to earn a Castlewood Canyon 100 Mile Challenge Coin? Join Volunteer Naturalist Randy Howell for this informational meeting to determine interest, dates and times to meet and hike the park. Meeting is at noon Saturday, Nov. 15; meet at the visitor center. Call 303-688-5242.

OWLS OF Castlewood Canyon

JOIN VOLUNTEER Naturalist Cathy Fischer for an ex-citing program about owls. Learn about the magnificent Great Horned Owl and the habitat it prefers. Everyone will also have the opportunity to dissect their own owl pellet and see for themselves what owls eat. Program is from 10-10:45 a.m. Sunday, Nov. 16; meet at the Visitor Center. Call 303-688-5242.

THE OUTBACK Express

PUBLIC TRANSIT service provided through the East Central Council of Local Governments is open and available to all residents of Cheyenne, Elbert, Kit Carson and Lincoln counties and provides an economi-cal and efficient means of travel for the four-county region. Call Kay Campbell, Kiowa, at 719- 541-4275. You may also call the ECCOG office at 1-800-825-0208 to make reservations for any of the trips. You may also visit http://outbackexpress.tripod.com. To ensure that a seat is available, 24-hour advance reservations are

appreciated.

SCHEDULE FOR October:

SIMLA AND Matheson to Colorado Springs, Nov. 17; to Limon, Oct. 23

KIOWA, ELIZABETH and Elbert to Parker or Colorado Springs, Nov. 18

BONFILS BLOOD Drive

WALMART IN Elizabeth hosts the Bonfils Bloodmobile from 11:30 a.m. to 3:30 p.m. Wednesday, Nov. 19 at 2100 Legacy Circle, Elizabeth. For information or to schedule an appointment, contact Bonfils Appoint-ment Center at 303-363-2300 or visit bonfils.org.

BOWL-A-THON FUNDRAISER

THE ELIZABETH Stampede Foundation plans a Bowl-A-Thon fundraiser from 10 a.m. to noon Saturday, Nov. 22, at Celebrity Lanes, on the corner of Parker and Arapahoe roads. Entry fee is $10, with a $25 minimum pledge. Contact the Elizabeth Stampede Foundation at [email protected] or 303-632-8052. 

KIOWA LIGHTING of the Lights

KIOWA PLANS its seventh annual Lighting of the Lights on Saturday, Nov. 30. Crafts and games start at 3 p.m. at the Kiowa Lions Club Hall, 336 Coman-che St.; ECCO will have a special toy sale in conjunction with the Lighting of the Lights. At 6:30 p.m., Town Hall will be lit up with Mayor Jason Kerbs, Santa will come dashing in to say hello. Christmas carolers will get you in the spirit with holiday songs. We’ll move to Patty Ann’s Cafe for pictures with Santa (bring a camera). Santa would love to hear what it is you would like him to bring you for Christmas, so be ready to give him your wish list. Patty Ann’s Cafe will be providing snacks and warm drinks.

PET PICTURES with Santa

GINGER’S LEGAC Y will have its annual Pet Pictures with Santa event from 10 a.m. to 2 p.m. Saturday, Dec. 6, at Elizabeth Animal Hospital, 330 W. Kiowa Ave., Elizabeth. Call 303-646-2891. A single photo is $10, or a CD with all pictures taken is $20. There will be refreshments and everyone is welcome. If the weather is bad, Santa’s helpers will reschedule for Dec. 13.

HAVE AN EVENT?To submit a calendar listing, send information to [email protected].

Page 17: Elbert County News 1113

Elbert County News 17 November 13, 2014

17-Recipe

STICKY CHOCOLATE GINGERBREADMakes an 8-inch cake21⁄3 cups dark molasses6 ounces dark chocolate (60 to 70 percent cocoa solids),

grated13⁄4 cups all-purpose �our2 teaspoons ground ginger5 ounces whole pieces preserved stem ginger, drained

and roughly chopped1 stick (8 tablespoons) unsalted butter, softened

1⁄2 cup plus 2 tablespoons dark brown sugar, sifted (to remove lumps)

2 medium eggs, beaten1⁄2 teaspoon baking soda

2 tablespoons milk,

warmedA pinch of saltExtra-large crystallized ginger pieces, to scatter (op-

tional)A deep 8-inch square cake pan or 8 x 6 x 3-inch oval cake

panPreheat the oven to 325 F. Grease and line the base and

sides of the cake pan with nonstick parchment paper.Put the molasses in a pan and heat gently until hot, but

do not allow it to boil. Remove the pan from the heat and add the chocolate. Stir until melted.

Sift the �our, ground ginger and salt together in a bowl. Add the stem ginger and toss it around in the �our until ev-ery piece is coated.

Using an electric mixer, cream the butter and sugar in a large bowl. Beat in the eggs, then the molasses and choco-late mixture and �nally the �our mixture. Dissolve the bak-ing soda in the milk and gradually beat this into the batter.

Pour into the prepared cake pan, scatter with the crystal-

lized ginger, if using, and bake for 45 minutes. Reduce the oven temperature to 300 F and bake for anoth-er 30 minutes. (If using the oval pan, cook for about 45 minutes at the higher temperature, then about 1 hour at the lower tempera-ture, as it will be deeper.) A metal skewer inserted into the center should come out clean. Let cool for 5 minutes in the pan, then turn out onto a wire rack and let cool completely. When cold, store in an airtight container for at least a couple of days to ma-ture and become sticky. Don’t worry if it sinks a bit in the mid-dle — this is normal.

Metro Creative Connection

The holiday season is rife with tradition. Fami-lies have their own unique traditions, whether

it’s gathering at Grandma’s to enjoy a holiday meal or singing carols together around

the neighborhood with friends who live nearby.

One tradition that seems to have made it into many

families’ holiday celebra-tions is indulging in

delicious baked goods. Desserts are a big part

of the holiday season, when many

people relax restrictions on their diets to enjoy some

of their favorite cookies and cakes. While such delica- cies are often

served at dinnertime, home- made baked goods also make great gifts come the holi- day season. Whether

a friend or family member is a fully devoted foodie or simply a person who loves a decadent dessert, gifting homecooked baked goods is a great way to show

your loved ones just how much you appreciate them. This holiday season, give the gift of decadence by cooking up the following recipe for “Sticky Chocolate Gingerbread”

courtesy of Maxine Clark’s “Chocolate: Deliciously Indulgent Recipes for Chocolate Lovers” (Ryland, Peters & Small).

Page 18: Elbert County News 1113

18 Elbert County News November 13, 2014

18-Calendar

Autumn is ripe with vibrant colors and scenery. One of the more vivid sights this time of year are the bright, orange pumpkins that adorn walkways and front porches of homes and businesses. Not only are pumpkins ideal for decorating, but they’re also great to eat.

Some people who plan to carve jack-o-lanterns mistakenly believe the same type of pumpkin can be used in their favorite recipes. But what carving pumpkins have in visual flair, they usually lack in flavor and substance. Instead, would-be pumpkin cookers should look to

other varieties if they plan to serve pumpkin on the menu.

Pumpkins are available from September through Decem-ber, but they peak in October. Many

smaller pumpkins are better and sweeter for cooking. Mini pumpkins, sugar, cheese, and pie pumpkins are varieties common-ly used in recipes. The big jack-o-lan-tern pumpkins have stringy, watery flesh and will provide little to no pulp for cooking.

Select a pumpkin as you would any other type of squash. Look for a firm pumpkin with no bruises or soft spots. The pumpkin also should have a deep orange color. Store pumpkins in a cool, dark area until ready for use to prolong freshness. Wash the exterior of the pumpkin in cool water before cutting to remove any dirt and

bacteria on the surface of the pump-kin so it won’t be transferred to the pulp of the pumpkin.

Slice the pumpkin in half and remove the seeds and any stringy material. Rinse and save the seeds for planting or roasting. Put the pump-kin pieces in the microwave to cook or you can steam or bake them until the pulp is soft and the pumpkin falls off of the skin. Cool the pumpkins, then puree the pulp until it’s smooth. You may want to strain the pureed pumpkin with a cheese cloth to re-move any excess water before using in a pie recipe. Baked breads may benefit from the extra moisture.

Pumpkins are a great source of dietary fiber, vitamin A, vitamin C, riboflavin, potassium, copper, manganese, vitamin E, thiamin, niacin, vitamin B6, folate, iron, cal-cium, magnesium, and phosphorus. They’re also low in fat and calories. Pumpkin puree can replace the oil in some baking recipes, much as you would use applesauce.

Page 19: Elbert County News 1113

Elbert County News 19 November 13, 2014

19

Calendar of EventsFor a complete calendar of South Metro Denver Chamber events and for more information, visit our web site at www.bestchamber.com or call 303-795-0142.

Tuesday, November 11Mastering Digital Marketing and Social Media for Business7:30 – 9:00 am, South Metro Chamber’s WhippleWood CPAs Conference Center2154 E. Commons Ave., Suite 342, Centennial, CO

Tuesday, November 11Business After Hours hosted by Complete Lifestyles 5:00 – 7:00 pm7562 S. University Blvd. Suite A, Centennial, CO 80112

Wednesday, November 12Vectra Bank Ribbon Cutting and Open House4:00 – 6:00 pm, 6702 South Potomac St., Centennial, CO

Wednesday, November 12Elements Massage Denver West Ribbon Cutting5:00 – 7:00 pm, 14650 W. Colfax Avenue, Suite G-120, Denver, CO

Thursday, November 13Marketing Summit presented by WhippleWood CPAs7:30 – 1:30 am, South Metro Chamber’s WhippleWood CPAs Conference Center2154 E. Commons Ave., Suite 342, Centennial, CO Cost: $49/person includes coffee, rolls, soft drinks & lunch

Thursday, November 13Dury Inn & Suite Ribbon Cutting & Open House2:00 – 3:30 pm, 9445 E. Dry Creek Rd. Centennial, CO

Thursday, November 13ACC 5th Annual Grapes to Grads Wine Tasting & Silent Auction7:00 – 9:00 pm, Mike Ward Infiniti1800 Lucent Court, Littleton, CO

Friday, November 14Littleton Adventist Hospital Groundbreaking – Radiation Oncology Cancer Center11:30 am – 12:30 pm, Littleton Adventist Hospital7700 South Broadway, Littleton, CO

Governor John Hickenlooper and Secretary of State Candidate Joe Neguse joined members of the South Metro Denver Chamber for breakfast at Snooze in the Streets of Southglenn on Monday, November 03, during the crucial final push before the election on November 4. �e Governor was greeted by twenty Chamber members, spoke for several minutes regarding his work with the business community. He then spoke individually with members. Neguse introduced the Governor, expressing his admiration of Hickenlooper’s policy work and ability to find solutions to important issues. �e Governor’s arrival was announced by Natalie Harden, SMDC director of public policy

and economic development, followed by Jeff Wasden, president of the Colorado Business Roundtable, and chair of the Chamber’s public policy committee. “We were honored

to host this event with the Governor at such an important moment in his campaign,” said Harden. “We appreciate his commitment to the business community, and his ability to reach out and connect with our membership.”

�e Governor’s team also included key members of his cabinet, who met candidly with the Chamber and discussed their roles on his team. �e meeting, held amid the bustling atmosphere of Snooze, was a great success.

For more information about the South Metro Denver Chamber’s membership and event opportunities,

please visit www.bestchamber.com or call 303-795-0142.

Hickenlooper Joins Chamber Members at Snooze

Economic Forecast Breakfast 2015 - Exploring & shaping our future

Pete Casillas, president and publisher of the Denver Business Journal, will moderate the South Metro Denver Chamber’s 28th Annual Economic Forecast Breakfast panel on Friday, December 5. �e panel will be comprised of industry experts sharing their insights on important sectors of the Colorado economy. Harry Horowitz, senior industry manager,

Office of Economic Development and International Trade (OEDIT), is slated to discuss the outlook for advanced manufacturing. Sam Knazier, government affairs manager at Whiting Petroleum Corporation will discuss his company’s outlook for the energy in-dustry in Colorado. John Ricks, associate director of the Colorado Tourism Office, will relate the outlook for the tourism industry. Other invited panelists will provide forecasts for the real estate industry, infra-structure, and technology.

�e 28th Annual Economic Forecast Breakfast is sponsored by Wells Fargo and WhippleWood CPAs, and hosted by the Chamber’s Economic Develop-ment Group. Registration is open to the public. Prior forecasts have sold out at 800 attendees, and advanced reservations are recommended.

�e breakfast will be held on Friday, December 5,

2014 from 7:00 – 9:00 am at Denver Marriott at Park Meadows (10345 Park Meadows Drive, Littleton, CO 80124). Plated breakfast will be served.

Tickets can be purchased at the following rates: $35/Member; $75/Non-member; $325/Corporate Table Sponsorship (10 seats). To register please visit www.regonline.com/best-forecast14

For more information about the South Metro Denver Chamber membership and sponsorship opportunities, please visit www.bestchamber.com or call 303-795-0142.

South Metro Chamber of Commerce is dedicated to creating remarkable relationships and a thriving community for our members and beyond.

Member Spotlight - WISE One Step Closer to Delivering Water�e southern suburbs of Denver took a significant

step forward in shi�ing to a water system that makes use of renewable water supply on Oct. 21 when members of the South Metro Water Supply Authority and Denver Water purchased the East Cherry Creek Valley Water and Sanitation District’s Western Waterline. �e pipeline purchase is a significant milestone in WISE (Water Infrastructure and Supply Efficiency), a partnership between 10 of the South Metro members, Denver Water and Aurora Water to share water supply and infrastructure.

Using Aurora’s Prairie Waters system, Aurora Water and Denver Water will provide water through the Western pipeline to participating South Metro members on a permanent basis. WISE will also provide a new emergency supply for Denver Water, and offset costs and stabilize water rates for Aurora.

“�e purchase of ECCV’s pipeline makes WISE and the sharing of water supplies possible,” said Eric Hecox, executive director of the South Metro Water

Supply Authority. “�is is a significant milestone for the WISE Partnership and moves communities throughout the South Metro area one step closer to a secure and sustainable water future,” he said.

�e 20-mile east-west pipeline along E-470 and C-470 has capacity to deliver 38 million gallons of water a day to Douglas and Arapahoe counties.

“Our sale of this pipeline is mutually beneficial for all the parties involved,” said O. Karl Kasch, president of the ECCV board. “Under the purchase and sale agreement, ECCV will still have the capacity we need in the pipeline, while also supporting a regional solution to one of the most important water challenges facing the Denver metro region. We have always viewed the Western Waterline as an infrastructure asset from which the entire South Metro community can benefit, and that’s what will be accomplished.”

Under the agreement, Denver Water and Aurora Water will sell an average of 7,250 acre-feet of water

a year to South-Metro water suppliers beginning in 2016 with the option to increase to 10,000 acre-feet in future years.

“We’re thrilled to be moving forward with the WISE Partnership,” said Dave Little, director of planning for Denver Water. “�is agreement will create more system flexibility and increase the reliability of our water supply system, leading to a more secure water future for communities throughout the region.”

WISE water is expected to begin flowing through the ECCV pipeline in 2016, once the remaining infrastructure, such as system interconnects, are complete.

 For details on the WISE project and updates,

visit http://www.southmetrowater.org/storage-WISE.html.

Jeff Wasden(le�), Natalie Harden(center), Gov. Hickenlooper(right)

`Playground’ puts work by women in spotlightProduction came about from burst of collaborationBy Sonya [email protected]

“The Playground” runs through Nov. 22 at Work|Space at the Laundry on Lawrence in Denver’s Five Points neighborhood. It’s a new work by five area women.

The setting is an urban playground, Su-san Lyles said — with two swings, a bench, a basketball hoop … Five new short plays by local women will show “a rich tapestry of everyday heroes, thwarted dreamers, overzealous sports fans, undaunted an-gels, entangled lovers and gregarious en-trepreneurs,” according to a release from the company.

In 2005, Lyles started And Toto too The-atre Company to produce plays by women writers, with the goal of bringing more plays by women to the stage. (Very few women get their plays produced.)

An “American Theatre” article last month by Suzy Evans states that while 51 percent of the population is female, and 68 percent of Broadway audiences are female, there isn’t a single new play by a woman in the 2013-2014 season.

Lyles and co-director Nicolette Vatjay got together in late August/early Septem-ber with the playwrights: Vatjay, (“Liar Liar, Pants on Fire”); Leslie C. Lewis (“Su-perheroes”); Nina Alice Miller (“Ameri-can Herring”); Rebecca Gorman O’Neill (“They Were Mine Before”); and Carrie Printz (“Soccer Mamas”). “We started scripts and rewrote until we had a working

script after two weeks,” Lyles said.Five stories are woven together and

take place over a 24-hour period at this one site.

Each play will be a fully rehearsed pro-duction, she said, after about five weeks of rehearsals.

The same versatile actors will perform in each one, Lyles said. They are: Kathi Baerns, DEvra Keyes, Susan Lyles, Camden Lyles-Smith, Lauren Cora Marsh, Kevin Richard McGuire and Dylan Rush. (Lyles’ 12-year-old son Camden is a student at Denver School of the Arts and interested in playwriting. He recently appeared in “Waiting for Godot.”)

What background makes this kind of magic happen? Extensive.

Lyles has a BA from Wichita State as an actor, and has done summer stock, film and stage, including a time in London. O’Neill has an MFA in dramatic writing from Carnegie Mellon University and is a professor of English at Metro State Univer-sity. Lewis is an author of essays, articles and short and full-length plays. Miller is a published non-fiction author and former professor, whose plays have been present-ed locally. Printz’s full-length play “Gifted”

was recently chosen for production at

Edge Theater in Lakewood. Vatjay com-

pleted studies at the ART’s Advanced The-

ater Training at Harvard and performed

as an actress regionally for 20 years before

starting a writing and directing career.

And Toto Too Theatre Company’s cast for the new “Playground,” a combination of �ve new original plays by women playwrights. Courtesy photo

IF YOU GO“The Playground” is performed at 7:30 p.m. Wednes-

days, Thursdays, Fridays, Saturdays at Work|Space at the Laundry on Lawrence, 2701 Lawrence St., Denver. Tickets cost $22, except for Wednesdays — “cheap date night” — when they cost $11. Call 720-583-3975 or go to and-tototoo.org.

Page 20: Elbert County News 1113

20 Elbert County News November 13, 2014

20-Sports

SPORTSPonderosa falls short in semisTCA tops Mustangs, 2-1, with trip to Dick’s on the lineBy Jim [email protected]

Jim Engels can’t help but wonder what it would be like to coach his Ponderosa soc-cer team in the final match of the season at Dick’s Sporting Goods Park.

For the second consecutive season, his Mustangs lost in the Class 4 semifinals at their home field at Sports Authority Sta-dium.

Undefeated The Classic Academy (19-0-0) edged Ponderosa, 2-1, Nov. 5 and to set up a match with unbeaten Air Academy in the Class 4A title game Nov. 8 at Dick’s.

TCA lost to Colorado Academy in the 2013 Class 3A championship game but the Titans moved up to 4A this season. Air Academy, top-seeded and 19-0-0 this sea-son, was the 4A runners-up last year.

Ponderosa, which lost 4-0 to Air Acade-my in the 2013 semifinals, ended its season with a 13-6-0 record.

“It was a little closer this time,” said En-gels. “We had a much better showing. That team (TCA) was equivalent to what Air Academy was last year. It shows how much we improved I guess.

“We lose a lot of good people but we’re going to be OK next season. We lose seven seniors and they all started and played al-most the whole semifinal game. But, we have some good players to replace them. I expect us to be competitive again.”

Ponderosa and TCA locked up in a scoreless standoff in the first half but the Titans took control early in the second half with two goals within 1:56 of each other.

Sophomore Jaden Borja scored in the 45th minute and Jake Slater pushed the Ti-tans ahead 2-0 less than two minutes later.

“The first of the second half, we talked about coming out strong but they came out a little stronger,” admitted Engels.

Ponderosa started pushing its attack and finally scored with 5:10 left on the clock. Sophomore Jacob Cade scored off an assist from David Patterson and the Mustangs continued to put pressure on the Titans goal.

One of the Mustangs best chances to tie the game came shortly after Cade’s goal but TCA keeper Micah Mesward knocked aside a shot by Thomas Green.

“It was a good end to the game for sure,” said Engels. “They had speed and talent. I kind of think if we could have gone a cou-ple more minutes we probably would have tied them up. We were really pressing down there the last 10 minutes. We had good chances.

“When you get behind and you are frantic and they are kind of sitting back on their heels a little more because they have a lead, it works a little better. We pushed them a little early because there was actu-ally 30 minutes left.”

TCA coach Blake Galvin claims the match turned out to be too close.

“We made it closer than what it should have been,” he said. “We lost our compo-sure a little bit. We weren’t taking care of things we need to take care of. It got a little bit scary from that perspective.

“Overall I’m proud of the boys. They played well. We didn’t know how they were going to play but the boys stepped up and played a fantastic game.”

Engels could only reflect on the Mus-tangs’ completed season.

“It was a great season,” he said. “Two semifinals in a row and out of any of the Continental League teams we were (the only ones) still out playing. We were one of the last 12 teams in 3A, 4A and 5A to still be playing so we have nothing to be ashamed of for sure. We lost to a good team in a 2-1 battle to the end.”

Trainers and coach Jim Engels, at right, check on an injury to Ponderosa sophomore Jacob Cade. The Mustangs lost 2-1 to The Classical Academy in the Class 4A state soccer semi�nal game Nov. 5 at Sports Authority Stadium in Parker. Cade scored for Ponderosa to trim TCA’s lead to 2-1 with 5:10 remaining in the game but the Titans withstood pres-sure in the closing minutes for the victory. Photo by Jim Benton

Cardinals come close in state gymnasticsStandley Lake narrowly beats Elizabeth for 4A team titleBy Scott StockerSpecial to Colorado Community Media

“Trick or treat.”It was close competition between

Standley Lake and Elizabeth for the team title in the Class 4A state gymnastics meet on Halloween. The “treat” in this case goes to Standley Lake, as the Gators narrowly defeated Elizabeth, 179.05-178.35, for the team title in the competition held at Thornton High School on Oct. 31.

The outstanding “trick,” as well as pick-ing up a superior “treat” of the meet, goes to Thompson Valley’s Alyssa Carroll, who was able to win the All-around championship with a score of 38.55 points. She was able to place first on each of the four events in the All-around competition as she defeated Standley Lake’s Jordan Ireland (36.975) and Rachel Cody (36.575). Not only that, but it was her second All-around title.

Niwot’s Marissa Koski (36.4), Elizabeth’s Brooke Burton (35.8), Evergreen’s Caroline Cohen (35.625), Standley Lake’s Maddie York (35.3) and Elizabeth’s Jessie Geerczyn-ski (35.275) rounded out the medal win-ners in the individual All-around competi-tion. They would then be on their ways into the Nov. 1 individual events competition in which the top 15 in each event advanced.

It definitely has been a good two sea-sons for Carroll, who will be heading to the University of Nebraska, especially follow-ing injuries in her younger years. It’s nice to note she was the 4A, All-around champion last season.

“Back in the sixth grade, I couldn’t get out of bed,” Carroll said. “I took four years off and then I did cheerleading my first two years of high school. My back didn’t hurt doing that. I was like, “Oh, I might as

well try gymnastics again, because I’ve al-ways felt that little hole in my heart since I haven’t been doing gymnastics.”

Carroll took her top event efforts into the Nov. 1 individual finals. She won vault, 9.85, scored 9.75 on the balance beam, 9.7 on the uneven bars, but had to settle for the silver medal on floor, 9.475. It was here that Ireland came through for the floor title with a narrow, 9.50, victory.

Ireland, a senior, was pleased with Standley Lake’s team effort, but she had hopes throughout the meet the Gators would be able to pull it out. She placed second on the beam (9.45) and vault (9.55), third on the bars (9.1), but had to settle for 13th in the All-around competition (8.825).

The best was yet to come for Ireland as she was able to put the damper on Carroll’s efforts by winning the gold medal on Floor with her 9.5 effort.

“I’m just happy with the way it turned out,” Ireland said. “I had a lot of support from the girls and I just did my best to go hard on every event. This is my last year in gymnastics and it will be one to remember.

“I think we all did well, but we had a few mistakes and that happens,” Ireland said. “I’ve been doing gymnastics for 15 years and this is my last meet. I’m going to Wyo-ming, but I don’t think I’ll compete in gym-nastics there.”

Cody placed second on floor (9.325), fourth on beam (9.35), sixth on bars (8.85) and 10th on vault (9.05) in the All-around competition. She would finish with indi-vidual medals of fourth on the bars (8.85) and fifth on beam (9.4).

“I couldn’t have asked for a better fresh-man year and coming to state,” Cody said. “The key was to have fun in the finals and enjoy what our team has been able to ac-complish. We all tried hard and it was one of our best meets of the season.

“This is my first state meet and it has been a good way to start my high school career,” Cody continued. “The key was to

stay calm and not pay attention to others from the other schools. We just wanted to focus on ourselves.”

Those, too, were the positive thoughts of Standley Lake’s Maddi York, who was seventh in the All-around with a score of 35.3. She would finish fourth on floor (9.375) and eighth on bars (8.6) to round out her season.

“It was just a fine way to end my senior year,” York said. “I just wanted to go out and have fun in the finals. I worked hard to achieve my goal. You can’t be perfect, and mistakes happen. We all just wanted to stay confident and have as few mistakes as pos-sible.”

Team-wise, it was a treat for Standley Lake coach Kristen Larrington. What made it all the more special was the fact the Ga-tors were really not sure if the school would have a team this season. Prior to the sea-son, she only had three girls who had said they could be out. Of the eight girls on the team, five are seniors, one junior and two freshmen.

“This definitely was our best meet of the season,” Larrington said. “I couldn’t have asked for more when it comes down to the wire. We were six-for-six on the beam and bars and that is rare at any level of perfor-mance. We knew that we would be at are strongest heading into our last two events.”

Standley Lake was first in the team com-petition on beam (46.1) and bars (43.1), second on floor (44.92) and fourth on vault (44.925).

State was also the best meet of the sea-son for Elizabeth and coach Stacy Folmer. It was just heartbreak as the Cardinals came up a bit short in the team competition.

“The girls concentrated and made it our best meet of the season,” Folmer said. “I think we did great. We stuck with them and it was great. We had a fine year with a very cohesive team. We had no injuries and it was really fun this season.”

Certainly, those also were the thoughts

of Elizabeth teammates Burton, Geerczyn-ski, Hayden Stout, Megan Reynolds and Amanda Taylor.

Burton, fourth on the beam (9.4) and sixth on bars (8.75), and Taylor, fourth on Vault (9.325) and sixth on floor (9.25), would have the top individual finishes for Elizabeth. Shelby Morgan would place sixth on vault (9.3) and eighth on floor (9.075), Stout would finish seventh on floor (9.075), and Hannah McDonald would place eighth on vault (9.2).

“We had confidence and we were able to rock,” said Geerczynski, who finished eighth in the All-around with a 35.275 ef-fort. “We were six-for-six on bars and we all hit our floor routines. The key is that we were confident and holding our heads up. Now we can look forward to the individual finals.”

Stout was also pleased with her team’s performance.

“We did really good,” Stout said. “We all have worked hard this season and I’m hap-py with the way we performed. We were confident.”

Added Reynolds, “We just wanted to come in and prove ourselves. We have no 100 percent regrets. We got our best score of the season today. We were nervous, but confident in what we could do as individu-als and as a team.”

Burton, only a freshman, and Taylor were also high on their team’s performance.

“I feel we did well as a team and I thank everyone for supporting us,” Burton said. “The key was to keep up with everyone on our team. I felt best on the beam and have improved so much on it this season. I just didn’t want to hold back, just wanted to be super aggressive.”

Added Taylor, “I just couldn’t be hap-pier. Everyone went hard and we had our best score of the year. I was happy for the support my teammates gave me from the beginning and the end.”

Page 21: Elbert County News 1113

Parkway, Castle Rock.

SENIORS MEET in Elizabeth every Monday at 11 a.m. for food, fun and fellowship at Elizabeth Senior Center, 823 S. Banner St. Bring a dish for potluck on the �rst Monday of each month. Other Mondays, bring a sack lunch. Bingo, games and socializing. New leadership. Call Agnes at 303-883-7881 or Carol at 303-646-3425 for information.

DOUGLAS COUNTY

PROFESSIONAL

AMERICAN BUSINESS Women’s Association Top of the Rockies Chapter of Douglas County meets every third Tuesday. New members are welcome. Call Bev Phillips at 303-841-2080 or visit www.abwa.org.

THE AAUW (American Association of University Women) advances equity for women and girls through advocacy, education, and research. The Douglas County Branch presents scholarships via an annual application process to two or three Douglas County women who are enrolled in college. At the recommendation of their teachers, the DC Branch also gives a cash award to three or four senior girls planning to go to college. Meetings are at 6:30 p.m. the third Wednesday of each month, usually at the Philip S. Miller Library in Castle Rock. Program details can be found at aauwdouglascountyco.org. For more information contact Dianne Bailey at 303-805-2380 or [email protected].

BNI CASTLE Rock Business Leaders chapter meets from 7:30-9 a.m. Wednesdays at the Castle Rock Recreation Center, 2301 Woodlands Blvd. Call 303-993-9973 with any questions or visit www.BNIColorado.com.

BNI CONNECTIONS (www.thebniconnections.com) invites business owners to attend its meeting held each Tuesday, 7:30 to 9:30 a.m. at the Lone Tree Recreation Center, 10249 Ridgegate Circle. There is no charge to attend a meeting as a guest. Please visit www.thebniconnections.com or contact Jack Ra�erty, 303-414-2363 or jra�[email protected].

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

THE LEAGUE of Women Voters of Arapahoe County has two meetings per month. No unit meetings are in June through August, but the two unit meetings per month will begin again in September on second Monday evenings and second Thursday mornings. Call 303-798-2939. The group is open to residents of Douglas County.

LITTLETON LETIP meets from 7:16-8:31 a.m. every Tuesday for breakfast at Luciles, 2852 W. Bowles Ave., to exchange quali�ed business leads. Call Bob Hier at 303-660-6426 or e-mail [email protected].

RECREATION

BICYCLE DOUGLAS County is a bicycle advocacy group working to promote safe and fun cycling in Douglas County through education, awareness and collaboration. Our vision is Douglas County will become one of the safest places to ride a bicycle for transportation and recreation. We utilize monthly e-news to share information about planning e�orts, improvements, and opportunities for volunteers. Contact Judy at 303-470-8431 or [email protected]. Visit www.bicycledouglascounty.org.

BACKGAMMON CLUB meets at 7 p.m. the �rst and third Wednesday of the month at Forever Yours Studio, 504 N. Perry, Castle Rock. Call Terry Johnson at 303-814-0140.

CASTLE ROCK Bridge Club plays a friendly ACBL-sanctioned duplicate game at 1 p.m. every Monday and Wednesday. For more information, a schedule of games and lessons, or directions to the Lowell Ranch 4H location at 2330 South I-25 East Frontage Road, go the website at castlerockbridge.com. For assistance in �nding a bridge partner, call Georgiana Butler at 303-810-8504. Visit www.castlerock-bridge.com.

CASTLE ROCK Local History Museum is open from noon to 5 p.m. Wednesdays through Fridays and 11 a.m. to 4 p.m. Saturdays. Located at 420 Elbert St. Call 303-814-3164 or e-mail [email protected] and visit www.castlerockmuseum.org

CASTLE ROCK Historical Society presents a historical presentation on the second Thursday of each month at the Philip S. Miller Library, 100 S. Wilcox St., Castle Rock. Refreshments are served at 6:30 p.m. and the presentation is at 7 p.m. The society also o�ers walking and biking tours at 10:30 a.m. on the fourth Saturday of each month. Meet at the Courtyard by Siena. Free bike rentals o�ered at castlerockfreecycle.com. Tours are free. Visit castlerockhistoricalsociety.org

CASTLE ROCK Orchestra is a fun, stress-free community orchestra open to all adults. Rehearsals are Sundays from 2-4 p.m. at First United Methodist Church of Castle Rock, 1200 South St. Visit castlerockorchestra.org or call 303-408-0980. Requesting more string players.

CASTLE ROCK Quilt Club meets from 6:30-8:30 p.m. the �rst Tuesday of each month at Castle Rock Adventist Hospital, Greenland Conference Room, 2350 Meadows Blvd., Castle Rock. A meet and greet social begins at 6 p.m. All persons interested in quilting are encouraged to attend. Visit www.crqc.org for information.

CASTLE PINES Table Tennis Club is a group of men playing competitive table tennis in a member’s basement. We play every two weeks on a weekday evening for two hours and typically play doubles so more members can participate. Very informal, no dues. If interested, contact Joe at [email protected].

CHRISTIAN LITERATURE Book Club. Join a group of adults and teens who are interested in reading and discussing Christian literature. The club meets on the fourth Tuesday of each month at the Philip S. Miller Library in Castle Rock. For further informa-tion, contact Jane Smith at 303-688-7712 or send an email to [email protected]

CHEROKEE RANCH and Castle Foundation o�ers photography hikes, afternoon tea times, naturalist talks and castle tours. The castle also can be rented for special events. Call 303-688-5555 ext. 11 during business hours.

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

DULCIMER CLUB and Acoustic Slow Jam of Castle Rockmeets at 2 p.m. on the fourth Sunday of every month at the Philip S. Miller Library. Beginners will play during the �rst hour. Some dulcimers to loan. Music/tab provided. No fees/just fun. Contact Jesse at 303-688-9199 or [email protected].

GREATER CASTLE Rock Art Guild is open to all, and meetings are the second Wednesday of every month at 314 Wilcox St., Castle Rock. Workshops and classes are available to members and non-members of all ages and skill levels. Visit www.gcrag.com for information.

HIGH PRAIRIE Bee Club invites anyone interested in keeping or encouraging honey bees to join our new group. The High Prairie Bee Club will meet the �rst Wednesday of every month from 6:30-8:30 p.m. at the South Metro Fire Station No. 43 on North Pinery Parkway. All levels of interest and bee-keeping experience are welcome. For details e-mail [email protected]

MEADOWS LADIES Golf League invites new members for the 2012 golf season. Join the Meadows Ladies Golf 9-hole League this spring and have a scheduled time to play through the summer with our friendly, fun loving group of ladies. All ability

levels welcome. We play on Tuesday mornings at the Meadows Golf Course located o� Simms Street in Littleton. Early tee times are available for working women and later times for others. Membership is $80 per year for new members, which includes the Golf Handicap and Information Network fees. Contact Linda Swain at 303-798-4424, or [email protected] or Sherry Assmus at 303-972-4201, [email protected] for information.

PRAYER SHAWL Group of Castle Rock meets at various times. Contact Sandy at [email protected] for information on upcoming meetings.

READ IT, See It Book Club. Read the books that have become major motion pictures. The club meets at 7 p.m. on the third Thursday of each month at the Philip S. Miller Library in Castle Rock. For further information, contact Jane Smith at 303-688-7712 or send an email to [email protected]

SERVICE

MODERN WOODMEN Youth Service Club has monthly activities and participates in volunteer projects that bene�t our community. Participating children undertake countless educational, service and beauti�cation projects for the betterment of our local community. Contact Shane Bauman at 303-548-4810 or email [email protected].

RIDGELINE WRANGLERS trail maintenance group meets one Saturday a month to help maintain and improve the soft surface trails at Ridgeline Open Space in the Meadows. Meet at 8:30 a.m. at the trailhead parking lot o� of Coachline Road. Outings are completed by 11:30 a.m. Outings are scheduled for Saturdays April 12, May 10, July 19, Aug. 16, Sept. 27 and Oct. 25. The June outing will be in celebration of National Trails Day with a Community Work Day at Memmen Ridge Open Space at from 8:30 a.m. to noon). Contact Lisa Sorbo at 303-814-7456 or [email protected]

SKY CLIFF Adult Day Services operates from 7 a.m. to 5 p.m. Mondays through Fridays at 4600 E. Highway 86, Castle Rock. Call director Shawn Littell at 303-814-2863. Stroke Support Group meets from 10 a.m. to 1 p.m. the second and last Wednesday of every month. Lunch provided. 

WOMEN’S CRISIS and Family Outreach Center groups o�er help for people a�ected by domestic violence. Call 303-688-8484

SOCIAL

THE AARP Douglas County Chapter meets at 12:30 p.m. on the second Thursday of each month at the Castle Rock Senior Center, 2323 N. Woodlands Blvd.

AWANA CLUB at Creekside Bible Church meets from 4-5:30 p.m. Sundays at 2180 S. I-25, Castle Rock. Call 303-688-3745.

AWANA CLUB at Sedalia Elementary meets at 7 p.m. Wednesdays at Sedalia Elemen-tary for kindergarten to sixth grade. Call Phil Smith at 303-688-9638.

BETA SIGMA Phi, Preceptor Gamma Theta Chapter, meets at 7 p.m. the second and fourth Mondays in members’ homes. Contact Sandy Pearl at 720-851-0482 for info.

BREAKFAST CLUB Singles 50 plus meets at 8:30 a.m. the third Saturday each month at the Ridge Bar & Grill, Castle Pines North Golf Club (exit I-25 at Castle Pines Parkway and go 2 miles west). Breakfast orders taken at 9 a.m. This is an active singles group with opportunities to make new friends while enjoing various activities. Make reserva-tions or �nd information by calling 303-814-8428. Leave a name and number and you will receive a call back. The website is www.TBC50plus.org.

CASTLE ROCK Chess Club meets every Monday from 6-9 p.m.at the Philip S. Miller library in Castle Rock. All ages and skill levels welcome.

CASTLE ROCK Civitan Club meets at noon the �rst and third Tuesdays at Castle Rock Senior Center. Call Phyllis Tumey at 303-688-5610.

CASTLE ROCK Colorado Genealogical Society presents a genealogy-related educa-tional program the third Saturday of each month at the Philip S. Miller Library, 100 S. Wilcox St., Castle Rock. The society also o�ers a weekly, open genealogy forum from 10 a.m. to noon Mondays at the library, as well as other monthly programs. Visit crcgs.org for calendar of events and more information.

CASTLE ROCK Eagles Aerie No. 3947 meets at 7:30 p.m. every second Tuesday at 1300 Caprice Drive. The auxiliary meets at 7:30 p.m. every �rst and third Tuesdays.

CASTLE ROCK High Noon Rotary Club meets for lunch at noon every Thursday at the Philip S. Miller Library in Downtown Castle Rock. For more information, call Les Lilly at 303-688-9255 or visit www.CRHN-Rotary.com.

CASTLE ROCK Quilt Club meets from 6:30-8:30 p.m. eon the �rst Tuesday of every

month at the Philip S. Miller Library in Castle Rock. All persons interested in quilting are encouraged to attend. Go to www.crqc.org for more information and directions

CASTLE ROCK Toastmasters International meets at 7 a.m. Thursdays in the Chevrolet Building at Medved Autoplex, 1404 S. Wilcox St. in Castle Rock. Call 303-814-6713.

CASTLE ROCK Vegans We have various get-togethers as a community to support our vegan lifestyle:  Potlucks, �eld trips, happy hours, dinners, etc.  You don’t have to be vegan to join our group.  You may just be curious about adopting a more plant-based diet and learning about the health bene�ts.  Or perhaps you want to improve the environment, or be a proponent for animals. Whatever your reason, check us out at http://www.meetup.com/Castle-Rock-Vegans/?scheduleNow=true or contact Deneen at 303-660-1457.

CIVIL AIR Patrol Douglas Cadet Squadron meets at 7 p.m. every Monday at New Hope Presbyterian Church, 3737 New Hope Way, Castle Rock. Cadets may join at 12-18 years of age. Civil Air Patrol is the o�cal auxiliary of the US Air Force. Its volunteer member-ship includes both Senior members (adults) as well as cadets who are trained to play a leading role in search and rescue, aerospace education and disaster relief for America. For more information contact Unit Commander, Lt John Motley at 303-688-3930 or email: [email protected].

COMMUNITY BIBLE Study of Castle Rock, an inter-denominational Bible Study, meets at Heritage Evangelical Free Church, 55 N. Heritage Blvd., in Founders Village. every Wednesday from 9:15-11:15 a.m. We o�er a children’s program from nursery through home schooled high school students. Contact Julie at 818-601-1752 or [email protected].

CENTRAL COLORADO Quarter Horse Association meets every �rst Thursday. For meeting site and times, call Jim Olson at 303-841-6034 or e-mail [email protected].

CIVIL AIR Patrol, Douglas Composite Squadron, cadets and senior members meet from 7-9 p.m. Mondays at New Hope Presbyterian Church in Castle Rock. Call Roberta Richardson at 303-841-9004 or Erin Anderson at 719-683-9387.

COLUMBINE GENEALOGICAL and Historical Society meets every second and third Tuesdays from January to May and again from September through November. Call Don Elliott at 303-841-3712.

DAUGHTERS OF the American Revolution Piney Creek chapter meets at 7 p.m. every second Tuesday from September to May. Call Carol Rohwedder at 303-805-9983 or Paula Lasky at 303-690-5168

DOUGLAS COUNTY 4-H Club Red Tail Mountaineers meets �rst Wednesday each month at 7 p.m. Call 303-791-0474.

DOUGLAS COUNTY Garden Club meets from 1-3 p.m. the �rst Tuesday of each month primarily at the Philip S. Miller Library in Castle Rock. Meetings include speakers on a variety of horticulture topics for all levels of gardening interest and knowledge. Visitors welcome. For date and meeting location changes, and additional club informa-tion, go to www.douglascountygardenclub.org or call Cindy at 303-625-3085.

DOUGLAS COUNTY FFA Alumni meets at 7:30 p.m. every �rst Thursday at Douglas County High School. Call Denise at 303-905-9531 or Wendy at 720-219-0813 for information.

DOUGLAS MASONIC Lodge No. 153 A.F and A.M. meets at 7:30 p.m. every �rst and third Thursday. Call 303-688-4131 or 303-688-3382.

DULCIMER CLUB and Acoustic Slow Jam Meeting at Miller Library. All skill levels. Times to be decided. Basic instruction for beginners the �rst half hour. Some dulcimers to loan. Music/tab provided. No fees; just fun. Fiddle, mandolin, guitar welcome. Contact Jesse at 303-688-9199 or [email protected]

EPIC LIT Book Club. The members read and discuss a science �ction or fantasy book each month. Meetings are on the second Wednesday of each month at the Philip S. Miller Library in Castle Rock, at 7 p.m. Each month’s book selection is listed on the library Web site at douglascountylibraries.org. Contact Jeremy for further information: [email protected].

GREAT BOOKS. Great Books Discussion Groups meet at Douglas County Libraries in Lone Tree, Highlands Ranch and Castle Rock (Philip S. Miller). Great Books is a forum for thoughtful adults to read and discuss signi�cant works of �ction, philosophy, political science, poetry and drama. Afternoon and evening times are available; groups meet once every 2-4 weeks. No registration is required. For information, call 303-791-7323 or visit DouglasCountyLibraries.org.

GOLD WING motorcycle touring association meets at 4 p.m. every �rst Sunday. Call Ed at 303-660-4903.

Elbert County News 21 November 13, 2014

21

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LOST DOG!on 11/1/2014 at around 4:30pmnear Sun Country Dr. and CR 29our 6 month old, male GermanShepherd went missing in Eliza-beth, CO. He is not micro-chippedand goes by the name Copper. Heis very friendly.

A neighbor in sun country mead-ows reported that someone in a tanSUV picked him up yesterday atthe mail house in our subdivisionheading east on Sun Country Drive.We are desperate to have him re-turned to our family as our 4 yearold son is missing his best friend.REWARD- NO QUESTIONS!!!

337-962-0900

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Since 1974303-841-3087 303-898-9868

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CALL DON AT [email protected] CLEANUP – SPRINKLER WINTERIZATION

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AREA CLUBSContinued from Page 10

Page 22: Elbert County News 1113

22 Elbert County News November 13, 2014

22

OF GAMESGALLERYc r o s s w o r d •   s u d o k u

& w e e k l y h o r o s c o p e

GALLERY OF GAMESc r o s s w o r d •   s u d o k u & w e e k l y h o r o s c o p e

SALOME’S STARSFOR THE WEEK OF NOV 10, 2014

ARIES (Mar 21 to Apr 19) A rejection of your attempt to be friendly leaves you with two choices: Try again, or give up. If you want to make another effort, go slowly. Let things develop without pressure.

TAURUS (Apr 20 to May 20) It could be a problem dealing with unfamiliar people who do things differently from what you’re used to. But rely on that strong sense of purpose to get you through this difficult period.

GEMINI (May 21 to Jun 20) To avoid neglecting a personal matter because of a demanding new work-place schedule, start prioritizing immediately. Knowing how to apportion your time takes a little while to set up.

CANCER (Jun 21 to Jul 22) It won’t be easy to avoid some of the pressures that come with change. Best advice: Take things a step at a time, and you’ll be less likely to trip up while things are in a chaotic state.

LEO (Jul 23 to Aug 22) A much-talked-about work-place change could be coming soon. Be sure to get all the details involved in the process, and once you have them, you can decide how you want to deal with it.

VIRGO (Aug 23 to Sept 22)You might still believe that your trust was betrayed, although the facts would ap-pear to prove the opposite. But by the week’s end you should learn something that will help set the record straight.

LIBRA (Sept 23 to Oct 22) Holiday plans could be a challenge because of shifting circumstances. But a more settled period starts by midweek, allowing you to firm up your plan-making once and for all.

SCORPIO (Oct 23 to Nov 21) The facts continue to be on your side. So make use of them in dealing with any challenge to your stated position. Also, open your mind to the offer of help from an unlikely source.

SAGITTARIUS (Nov 22 to Dec 21)There could still be a communication problem holding up the resolution of a troublesome situation. Stay with it, and eventually your message will get through and be understood.

CAPRICORN (Dec 22 to Jan 19) A possible change in your workplace schedule might create a chaotic situation for a while. But once things begin to settle down, you might find that this could work to your advantage.

AQUARIUS (Jan 20 to Feb 18) A recent job-linked decision might need to be reassessed because of the possibility of finding benefits you might have over-looked. Check out all related data to help in the search.

PISCES (Feb 19 to Mar 20) A personal situation you agreed to might not be as acceptable to the other person involved in the matter. Avoid pressuring and bullying. Instead, seek common ground by talking things through.

BORN THIS WEEK: You have a gift for touching people’s minds as well as their hearts. You would make an outstanding educator.

© 2014 King Features Synd., Inc.

Area art takes �ightAviation-inspired artist featured as part of Picture CentennialBy Christy [email protected]

A lot of people don’t know there are na-tionally recognized artists living amongst them in the local community.

One of these artists is Don Feight, whose art has won both national and lo-cal awards. Feight is this quarter’s featured artist for Picture Centennial.

“(Picture Centennial) is a community initiative to bring something new,” said organizer Jonah Schneider, with the City of Centennial. “It’s to expose citizens to something they haven’t seen before.”

The featured artist’s work is displayed for three months in the Centennial Civic Center building, 13133 E. Arapahoe Rd.

When the public comes to the building to conduct business, positive comments are made on the artwork on a daily basis, Schneider said.

Picture Centennial was initiated by Centennial city manager John Danielson about a year and a half ago to promote local artists, Schneider said. Feight is the seventh artist to be featured for the event.

An artist can have artwork displayed if one of three criteria is met, she said. Art-ists must either be a citizen of Centennial, work in the city or the art must be about Centennial.

“We want there to be some sort of con-nection,” Schneider said.

The initiative does not limit submis-sions by the format of art, but one require-ment is that it must be able to be displayed. Generally, an artist will bring somewhere

between 25 to 30 pieces of art, Schneider said.

“Any time there is an opportunity to display my art, I do it,” said Feight, whose studio is based in Centennial.

Feight is known for his art that depicts his passion of aviation. He grew up around planes, as his father held a career with the United States Air Force. In the 1980s, Feight built a plane, said his wife, Paula, who takes care of most of the marketing for the artwork.

“He really gets what he’s painting,” she said, “because he’s done it.”

Feight, 61, has been doing artwork his entire life, he said. He recently retired after 40 years of doing graphic design for Lock-heed Martin.

“He hasn’t had a lot of local exposure because he was working at Lockheed Mar-tin,” Paula said, and added that most of the people who saw his work there were fellow employees of the company. “It is too good for people not to see.”

However, locally, Feight designed the lobby at the STEM School and Academy in Highlands Ranch, and donates a lot of art

for auctions at local schools. He has done commission work, created a big mural on display in Jacksonville, Fla. and donated work to the Confederate Air Force in Texas, Paula Feight said.

One thing that people will notice in Feight’s artwork is contrast, either with color, black and white or shape.

“It’s just kind of a fascination,” Feight said. “If it doesn’t pop out, I don’t like it.”

Feight’s work starts by first taking hun-dreds of photographs. He takes bits and pieces of each photograph to get the over-all design of the painting. Then, he builds a model airplane and takes more pictures of it in order to get the lighting and shadows correct in the painting, Paula Feight said.

Each Picture Centennial event has a special open house during which the pub-lic is invited for a meet-and-greet oppor-tunity with the artist. The meet-and-greet includes complementary wine tasting and hors d’oeuvres.

The meet-and-greet is a success, Schneider said. Some people stop in be-cause it’s a free art show, and others will come just to avoid traffic on Arapahoe Road during a commute, she said.

Feight likes to see the public’s reaction

to his artwork, he said, and Paula added

that people of all ages — from children to

seniors — enjoy his art.

“The final results are the reward,” Feight

said.

Paula and Don Feight stand next to the couple’s favorite painting titled “Beaver Tales,” which was inspired when the couple vacationed in Alaska. Don Feight’s artwork is featured for this quarter’s Picture Centennial event. Photos by Christy Steadman

“Stratojets” is one of Don Feight’s paintings hanging in the Centennial Civic Center for this quarter’s Picture Centennial event.

FOR MORE INFORMATION

To learn more about Picture Centennial, or to submit an application to be a featured artist for the event, visit www.centennialco.gov. From the home page, click on the “Get Involved” tab, which will provide a link to “Art in Centennial.” Information on the current featured artist, and past artists can also be found on the page.

Don Feight’s artwork can be found at www.feightstu-dios.com. People may place purchase orders through the website. Questions or further inquiries can be directed to [email protected].

Page 23: Elbert County News 1113

Elbert County News 23 November 13, 2014

23

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

Public NoticesPublic NoticesPublic NoticesPublic NoticesPublic NoticesPublic NoticesPublic NoticesNotice To Creditors

PUBLIC NOTICE

NOTICE TO CREDITORSEstate of MILO LEE BARTLETTaka Mike Lee Bartlett, Deceased

Case Number 2014 PR 30024

All persons having claims against theabove-named estate are required topresent them to the Personal Represent-ative or to:District Court of Elbert County, Coloradoon or before March 6, 2015 or the claimsmay be forever barred.

/s/ William A. MorrisSTAGGS MORRIS P.C.1775 Sherman Street, Suite 1650Denver, CO 80203

Legal Notice No.: 23080First Publication: November 6, 2014Last Publication: November 20, 2014Publisher: The Elbert County News

PUBLIC NOTICE

NOTICE TO CREDITORSEstate of RANDALL JOHNSON,

aka RANDALL R JOHNSON,aka RANDY JOHNSON, Deceased

Case Number 2014 PR 30028

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

ERIK JOHNSONPersonal Representative520 S. Newland StreetLakewood, CO 80226

Legal Notice No.: 23081First Publication: November 6, 2014Last Publication: November 20, 2014Publisher: The Elbert County News

Misc. Private Legals PUBLIC NOTICE

Contents unknown belonging to JasonLarsen whose last address is 11835North Tomahawk Road Parker, Co 80138and stored in unit #65 Elizabeth StorageLLC 5229 Hwy 86 Elizabeth Co 80107will be sold at auction or otherwise dis-posed of at this location after Novem-ber 28 2014.

Legal Notice No.: 23087First Publication: November 13, 2014Last Publication: November 20, 2014Publisher: The Elbert County News

Public Notice

DISTRICT COURT, WATER DIVISION 1,COLORADO

OCTOBER 2014 WATER RESUMEPUBLICATION

TO: ALL PERSONS INTERESTED INWATER APPLICATIONS IN

WATER DIV. 1

Pursuant to C.R.S. 37-92-302, you are no-tified that the following is a resume of allwater right applications and certainamendments filed in the Office of the Wa-ter Clerk during the month of OCTOBER2014 for each County affected.

14CW3130 Arapahoe County Waterand Wastewater Authority (“ACWWA”);and United Water and Sanitation Dis-trict (“United”), (c/o Brian M. Naz-arenus, Esq., Sheela S. Stack, Esq.,and Susan M. Ryan, Esq., RYLEY CAR-LOCK & APPLEWHITE, 1700 LincolnStreet, Suite 3500, Denver, CO 80203,Telephone: 303-863-7500, Attorneys forACWWA); and (c/o Tod J. Smith, Esq.,LAW OFFICE OF TOD J. SMITH, LLC,2919 Valmont Road, Suite 205, Boulder,Colorado 80301 Telephone: 303-444-4203, Attorney for United); APPLICA-TION FOR PLAN FOR AUGMENTATIONOR RECHARGE RIGHT AND APPRO-PRIATIVE RIGHTS OF EXCHANGE, INA D A M S , A R A P A H O E , D E N V E R ,DOUGLAS, ELBERT, LARIMER, MOR-GAN AND WELD COUNTIES. CLAIMFOR PLAN FOR AUGMENTATION ORRECHARGE RIGHT 2. Nature of theClaim. ACWWA seeks the approval of aplan for augmentation to increase its avail-able water supply through recharge of itswater rights at the Haren Recharge Site.Water diverted at the points of diversionidentified below in paragraph 3.1 will bedelivered to the Haren Recharge Site,where the water will then be recharged in-to the underlying alluvial aquifer. The re-charged water will accrete to the SouthPlatte River and will be used by ACWWAas described in paragraph 3.5 below. 3.Name of Structure. Haren Recharge Site.3.1. Point of Diversion. 3.1.1. HarenPipeline. The Haren Pipeline diverts wa-ter from the South Platte River, in theSW1/4 of the SW1/4 of Section 8, Town-ship 4 North, Range 66 West of the 6thP.M. in Weld County, Colorado. A mapshowing the approximate location of theHaren Recharge Pond and the proposeddiversion point for the Haren Pipeline is at-tached as Exhibit 1. ACWWA’s use of theHaren Pipeline is subject to ACWWA ob-taining an agreement with United. 3.2.Recharge Location. 3.2.1. Haren Re-charge Site. The Haren Recharge Site islocated in the SW1/4 of Section 16, Town-ship 4 North, Range 66 West of the 6thP.M. in Weld County, Colorado. The Har-en Recharge Site was previously decreedin Case No. 05CW331 for recharge use byCentral Colorado Water Conservancy Dis-trict (“Central”), Ground Water Manage-ment Subdistrict of the Central ColoradoWater Conservancy District (“GMS”), andWell Augmentation Subdistrict of the Cent-ral Colorado Water Conservancy District(“WAS”). ACWWA’s use of the Haren Re-charge Site is subject to ACWWA obtain-ing an agreement with the necessary own-er(s). 3.3. Sources of Water for the Planfor Augmentation. 3.3.1. Haren Re-charge Site. ACWWA will use the waterrights described in Exhibit 2 for rechargeat the Haren Recharge Site. 3.3.2. Fu-ture Acquired Sources. The Applicants in-tend to acquire and/or lease additional wa-ter supplies in the future for use as asource of supply for the plan for augment-ation described in this Application. TheApplicants wil l add future acquiredsources to the plan for augmentationclaimed in this Application pursuant tosection 37-92-305(8)(c) of the ColoradoRevised Statutes. 3.4. Recharge Accre-tions. Water recharged into the alluvialaquifer will naturally flow down-gradientfor accretion to the South Platte River.The quantity, timing, and location of accre-tions will be calculated and accounted forby ACWWA. 3.5. Uses for the RechargeAccretions. Water accreted back to theSouth Platte River will be used for the pur-poses decreed for each source of waterlisted in Exhibit 2, which may include, butis not limited to, augmentation, storageand refill, recharge, replacement, and ex-change. CLAIM FOR CONDITIONAL AP-PROPRIATIVE RIGHTS OF EXCHANGE4. Nature of the Claim. ACWWA seeksapproval of conditional appropriative rightsof exchange to exchange its sources ofsubstitute supply listed in Exhibit 2 fromthe points described in paragraph 11 tothe Haren Pipeline for use in the plan foraugmentation claimed in this Application.ACWWA will also use the claimed condi-tional appropriative rights of exchange toexchange its recharge accretions from thepoint of accretion for the Haren RechargeSite to the points identified in paragraph12. 5. Rate of Flow. 50 cfs. 6. Date ofAppropriation. October 31, 2014. 7. HowAppropriation was Initiated. The appropri-ation date is based upon the date the Ap-plication in this case was filed. 8. DateWater First Applied to Beneficial Use. Notapplicable. 9. Uses. ACWWA seeks adecree granting the appropriative right ofexchange for the uses described in para-graph 3.5. 10. Sources of SubstituteSupply. The sources of water for the ap-propriative right of exchange sought in thisApplication are the water rights that theApplicants have acquired, have an agree-ment to acquire, or for which the Applic-ants have taken substantial steps towardacquiring as described in Exhibit 2. 11.Exchange From Points. The exchange-from points are the locations identified asthe delivery locations to the South PlatteRiver described for each location and/orstructure listed below. 11.1. Down-stream End Point of South Platte RiverReach 5 (“SPR Reach 5”) - Confluence ofBeaver Creek and the South Platte River.Located in the NW1/4 of the SW1/4 ofSection 4, Township 4 North, Range 55West, of the 6th P.M., Morgan County,Colorado. ACWWA does not seek to ex-change water up Beaver Creek. For pur-poses of the appropriative rights of ex-change sought in this Application, the con-fluence of Beaver Creek and the SouthPlatte River is also the downstream endpoint of SPR Reach 5. SPR Reach 5 wasdecreed at paragraph 19.1.8 in the de-cree for Case No. 10CW306 (“306 De-cree”). SPR Reach 5 is located below theBijou Canal headgate to the confluence ofBeaver Creek and the South Platte River.The Bijou Canal headgate is located onthe south bank of the South Platte River inthe NE1/4 of the NE1/4 of Section 13,Township 4 North, Range 63 West, of the6th P.M., Morgan County, Colorado, at apoint approximately 95 feet west of theeast section line and 604 feet south of thenorth section line of said section. 11.2.Fort Morgan Canal. The Fort MorganCanal headgate is located on the southbank of the South Platte River in theNE1/4 of the SE1/4 of Section 31, Town-ship 5 North, Range 59 West of the 6thP.M., Morgan County, Colorado. The FortMorgan Canal headgate is not an ex-change-from point. 11.2.1. South PlatteRiver Delivery Location. Applicants haveidentified the following structures that de-liver water from the Fort Morgan Canal tothe South Platte River: (1) Glassey FarmRecharge Site, located in the NE1/4 of theSE1/4 of Section 2, Township 3 North,Range 57 West of the 6th P.M., MorganCounty, Colorado; (2) Kula Farm Re-charge Site, located in the NE1/4 of theNE1/4 of Section 4, Township 3 North,Range 57 West of the 6th P.M., MorganCounty, Colorado; (3) Hofmeister FarmRecharge Site, located in the SW1/4 ofthe NE1/4 of Section 21, Township 3North, Range 57 West, Morgan County,Colorado; (4) an augmentation structurelocated in the NE1/4 of the SE1/4 of Sec-tion 31, Township 5 North, Range 59 Westof the 6th P.M., Morgan County, Colorado,which delivers water to the South PlatteRiver in the NE1/4 of the SE1/4 of Sec-tion 31, Township 5 North, Range 59 Westof the 6th P.M., Morgan County, Colorado;and (5) an augmentation structure locatedin the NE1/4 of the SW1/4 of Section 13,Township 3 North, Range 57 West of the6th P.M., Morgan County, Colorado, whichdelivers water to the South Platte River onthe south bank of the river near theCounty Road 24 crossing. This site is inthe vicinity of the river intersection with theSection 25, Township 4 North, Range 57West and Section 30, Township 4 North,Range 56 West line and discharges to theSouth Platte River below the Lower Platteand Beaver Canal. 11.2.2. QuantificationPoint for Recharge Accretions. The re-charge accretions from the Glassey, Kula,and Hofmeister Farm Recharge Sites ac-crue to the South Platte River at the con-fluence of Beaver Creek and the SouthPlatte River as described above in para-graph 11.1. 11.3. Weldon Valley Ditch.The Weldon Valley Ditch headgate is loc-ated on the north bank of the South PlatteRiver in the NW1/4 of the SE1/4 of Sec-tion 13, Township 4 North, Range 61 Westof the 6th P.M., Weld County, Colorado.The Weldon Valley Ditch headgate is notan exchange-from point. 11.3.1. SouthPlatte River Delivery Locations. Applic-ants have identified the following struc-tures that deliver water from the WeldonValley Ditch to the South Platte River: (1)an augmentation structure located in theNE1/4 of the NW1/4 of Section 3, Town-ship 4 North, Range 60 West of the 6thP.M., Morgan County, Colorado, whichdelivers water to the South Platte River inthe W1/2 of the NE1/4 of Section 3, Town-ship 4 North, Range 60 West of the 6thP.M., Morgan County, Colorado; and (2)an augmentation structure located in theNW1/4 of the SE1/4 of Section 7, Town-ship 4 North, Range 58 West of the 6thP.M., Morgan County, Colorado, whichdelivers water to the South Platte River inthe NE1/4 of the NW1/4 of Section 18,Township 4 North, Range 58 West of the6th P.M., Morgan County, Colorado. 11.4.ACWWA 70 Ranch Recharge Project Ex-change Quanti f icat ion Point. TheACWWA 70 Ranch Recharge Project wasdecreed at paragraph 63 of the 306 De-cree. The Quantification Point for re-charge accretions from the ACWWA 70Ranch Recharge Project is the farthestdownstream point at which recharge ac-cretions from the ACWWA 70 Ranch Re-charge Project accrue to the South PlatteRiver, which is located on the South PlatteRiver at the west section line of Section23, Township 4 North, Range 62 West ofthe 6th P.M., Weld County, Colorado, asthe section line intersects with the SouthPlatte River. 11.5. Downstream EndPoint of South Platte River Reach 4 (“SPRReach 4”) – Bijou Canal Headgate. SPRReach 4 was decreed at paragraph 19.1.7of the 306 Decree. SPR Reach 4 is loc-ated f rom the Empire In let Canalheadgate, which is located in the SW1/4of the SW1/4 of Section 19, Township 5North, Range 63 West of the 6th P.M.,Weld County, Colorado, to the Bijou Canalheadgate described in paragraph 11.1above. For purposes of the appropriativerights of exchange sought herein, the ex-change-from point for the SPR Reach 4 isa point at the downstream end of the SPRReach 4, located immediately upstream ofthe Bijou Canal headgate described inparagraph 11.1. 11.6. Confluence ofCrow Creek and the South Platte River.Located in SE1/4 of the NE1/4 of Section24, Township 5 North, Range 64 West ofthe 6th P.M., Weld County, Colorado.11.6.1. Delivery of Substitute Supplies tothe Confluence. Prior to delivery to theconfluence of Crow Creek and the SouthPlatte River for exchange, ACWWA in-tends to divert certain sources of substi-tute supply, as described in Exhibit 2, fromthe Cache la Poudre River at the GreeleyNo. 2 Canal headgate, located in theSE1/4 of the NE1/4 of Section 11, Town-ship 6 North, Range 68 West of the 6thP.M., Larimer County, Colorado, and de-liver the substitute supplies from saidCanal to Crow Creek, located in theNW1/4 of the SW1/4 of Section 25, Town-ship 6 North, Range 64 West of the 6thP.M., Weld County, Colorado, where thesubstitute supplies will be conveyed to theconfluence with the South Platte River.ACWWA shall measure its substitute sup-plies at the location where they are de-livered from Greeley Canal No. 2 intoCrow Creek. 11.7. Confluence of LoneTree Creek and the South Platte River.Located in the SE1/4 of the SE1/4 of Sec-tion 6, Township 5 North, Range 64 Westof the 6th P.M., Weld County, Colorado.11.7.1. Delivery of Substitute Supplies tothe Confluence. Prior to delivery to theconfluence of Lone Tree Creek and theSouth Platte River for exchange, ACWWAintends to divert certain sources of substi-tute supply, as described in Exhibit 2, fromthe Cache la Poudre River at the GreeleyNo. 2 Canal headgate, described in para-graph 11.6.1, and deliver the substitutesupplies from said Canal to Lone TreeCreek, in the NE1/4 of the NW1/4 of Sec-tion 15, Township 6 North, Range 65 Westof the 6th P.M., Weld County, Colorado,where substitute supplies will be con-veyed to the confluence with the SouthPlatte River. ACWWA shall measure itssubstitute supplies at the location wherethey are delivered from Greeley No. 2Canal into Lone Tree Creek. 11.8. Con-fluence of the Cache la Poudre River andthe South Platte River. Located in theSW1/4 of the SW1/4 (Lot 4) of Section 6,Township 5 North, Range 64 West of the6th P.M., Weld County, Colorado, thecentroid being 590 feet from the west sec-tion line and 4760 feet from the north sec-tion line. 11.8.1. Delivery of SubstituteSupplies to the Confluence. ACWWA willdeliver its sources of substitute supply tothe confluence of the Cache la PoudreRiver and the South Platte River by: (1)conveying certain sources of substitutesupply, as described in Exhibit 2, downthe Cache la Poudre River to its conflu-ence with the South Platte River; and/or(2) delivering certain sources of substitutesupply, as described in Exhibit 2, to theconfluence of Sand Creek and the Cachela Poudre River, which is located in theNW1/4 of the NW1/4 of Section 11, Town-ship 5 North, Range 65 West of the 6thP.M., Weld County, Colorado, immedi-ately above the Cache la Poudre River’sconfluence with the South Platte River.11.9. Downstream End Point of SouthPlatte River Reach 3 (“SPR Reach 3”) –Empire Inlet Canal Headgate. SPRReach 3 was decreed at paragraph 19.1.6of the 306 Decree. SPR Reach 3 is loc-ated from the Lower Latham Ditchheadgate, located in the NW1/4 of theNE1/4 of Section 31, Township 5 North,Range 65 West of the 6th P.M., WeldCounty, Colorado, to the Empire InletCanal headgate, described above in para-graph 11.5. For purposes of the appropri-ative rights of exchange decreed herein,the exchange-from point for the SPRReach 3 is a point at the downstream endof SPR Reach 3, located immediately up-stream of the Empire Inlet Canalheadgate, which is described above inparagraph 11.5. 11.10. Accretion Pointfor the Haren Recharge Site. Located inthe SW1/4 of Section 8, Township 4North, Range 66 West of the 6th P.M.,Weld County, Colorado. 12. ExchangeTo Points. 12.1. Haren Pipeline, as de-scribed in paragraph 3.1.1. 12.2. Gil-crest Reservoir Points of Diversion. An offchannel reservoir located within parts ofSection 2, Township 3 North, Range 67West and Sections 23, 26, 34, and 35,Township 4 North, Range 67 West all ofthe 6th P.M., Weld County, Colorado. Apoint of diversion for Gilcrest Reservoir isplanned to be located adjacent to the JayThomas Ditch Diversion Dam on the eastbank of the South Platte River in theNW1/4 of the NW1/4 of Section 11, Town-ship 3 North, Range 67 West of the 6thP.M., Weld County, Colorado. Substitutesupplies will also be diverted into GilcrestReservoir through a proposed inlet/outletstructure, which is designed to also oper-ate as a northern intake to Gilcrest Reser-voir and will be located in the NE1/4 of theSW1/4 of Section 26, Township 4 North,Range 67 West of the 6th P.M., WeldCounty, Colorado. 12.3. St. VrainPipeline Diversion (United Diversion Facil-ity No. 5). The St. Vrain Pipeline Diver-sion will be located at one of the followinglocations and/or any point between thesetwo locations: (1) 500 feet west and 200feet north of the SE corner of Section 20,Township 3 North, Range 67 West of the6th P.M., Weld County, Colorado; or (2)the NW1/4 of the NW1/4 of Section 10,Township 3 North, Range 67 West of the6th P.M., Weld County, Colorado. 12.3.1.Points of Discharge for the St. VrainPipeline. The St. Vrain Pipeline will dis-charge water to the South Platte River atone of the following locations: (1) at apoint to be located upstream of the High-way 66 bridge as it crosses the SouthPlatte River, which delivers water to theSouth Platte River in the SW1/4 of theSW1/4 of Section 19, Township 3 North,Range 66 West of the 6th P.M., WeldCounty, Colorado; (2) at a point to be loc-ated upstream of the Highway 66 bridgeas it crosses the South Platte River, whichdelivers water to the South Platte River inthe SE1/4 of the SE1/4 of Section 24,Township 3 North, Range 67 West of the6th P.M., Weld County, Colorado, or theSE1/2 of Section 25, Township 3 North,Range 67 West of the 6th P.M., WeldCounty, Colorado; or (3) at a point to belocated near the SE1/4 of the SW1/4 ofSection 11, Township 3 North, Range 67West of the 6th P.M., Weld County, Color-ado. Water from the points of dischargefor the St. Vrain Pipeline will only be ex-changed upstream to the points de-scribed below in paragraphs 12.4, 12.5,and 12.6. 12.4. Brighton Lateral PipelineDiversion. The Brighton Lateral PipelineDiversion will be located in the NE1/4 ofthe NE1/4 of Section 32, Township 1South, Range 66 West of the 6th P.M.,Weld County, Colorado. Water may beexchanged through the St. Vrain Pipelineas described above in paragraph 12.3.1.12.5. United Diversion Facility No. 3. TheUnited Diversion Facility No. 3 headgate islocated on the east bank of the SouthPlatte River in the SW1/4 of Section 26,Township 1 South, Range 67 West of the6th P.M., Adams County, Colorado, loc-ated 1,636 feet east of the west line and1,531 feet north of the south line of saidSection 26. Water may be exchangedthrough the St. Vrain Pipeline as de-scribed above in paragraph 12.3.1. 12.6.Burlington Ditch. Pursuant to the decreedchanged point of diversion in Case No.02CW403, the Burlington Ditch headgateis on the east bank of the South PlatteRiver in the NE1/4 of the SW1/4 of Sec-tion 14, Township 3 South, Range 68West of the 6th P.M., City and County ofDenver, Colorado. Water may be ex-changed through the St. Vrain Pipeline asdescribed above in paragraph 12.3.1. 13.Name and Addresses of the Owner of theStructures and Diversion Facilities ListedAbove. 13.1. Haren Pipeline. United Wa-ter and Sanitation District, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, CO 80111. 13.2. Haren RechargeSite. Central Colorado Water Con-servancy District, 3209 West 28th Street,Greeley, CO 80634 and United Waterand Sanitation District, 8301 East Pren-tice Ave., Suite 100, Greenwood Village,CO 80111. 13.3. Fort Morgan CanalAugmentation Structures and RechargeSites. United Water and Sanitation Dis-trict, 8301 East Prentice Ave., Suite 100,Greenwood Village, CO 80111; Ar-apahoe County Water and WastewaterAuthority, 13031 East Caley Avenue,Centennial, CO 80111; Fort MorganReservoir and Irrigation Company, whoseaddress is 218 E. Kiowa Avenue, FortMorgan CO 80701. 13.4. Weldon ValleyAugmentation Structures. United Waterand Sanitation District, 8301 East Pren-tice Ave., Suite 100, Greenwood Village,CO 80111; Central Colorado Water Con-servancy District, 3209 West 28th Street,Greeley, CO 80634; and Weldon ValleyDitch Company, P.O. Box 66, Weldona,Colorado 80653. 13.5. Greeley CanalNo. 2. New Cache la Poudre IrrigatingCompany, c/o Mike Hungenberg, 33040Railroad Avenue, Lucerne, CO 80646.13.6. Gilcrest Reservoir. The JayThomas Diversion Dam and the land atthe point of diversion for Gilcrest Reser-voir are owned by Public Service Com-pany, d/b/a Xcel Energy, Inc, 1800 Lar-imer Street, Denver, CO 80202-1414. Thereservoir and reservoir site is owned byGilcrest Reservoir, LLC, 9171 TowneCentre Drive, Suite 465, San Diego, CA92122. 13.7. St. Vrain Pipeline. UnitedWater and Sanitation District, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, CO 80111; Elverna Burchfield Trust-ee & Sherry Rose, 221 West Platte Aven-ue, Fort Morgan, CO 80701; Public Ser-vice Company, d/b/a Xcel Energy, Inc,1800 Larimer Street, Denver, CO 80202-1414. 13.8. Brighton Lateral Pipeline.United Water and Sanitation District, 8301East Prentice Ave., Suite 100, Green-wood Village, CO 80111. 13.9. UnitedDiversion Facility No. 3. United Water andSanitation District, 8301 East PrenticeAve., Suite 100, Greenwood Village, CO80111. 13.10.Burlington Canal. TheFarmers Reservoir and Irrigation Com-pany, 80 South 27th Avenue, Brighton,CO 80601. WHEREFORE, ACWWA andUnited request that the Court enter a de-cree granting the plan for augmentationand conditional appropriative rights of ex-change and for such other relief it deemsproper. (11 pages, and 2 exhibits)

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

YOU ARE HEREBY NOTIFIED that anyparty who wishes to oppose an applica-tion, or an amended application, may filewith the Water Clerk, P. O. Box 2038,Greeley, CO 80632, a verified Statementof Opposition, setting forth facts as to whythe application should not be granted, orwhy it should be granted only in part or oncertain conditions. Such Statement of Op-position must be filed by the last day ofDECEMBER 2014 (forms available onwww.courts.state.co.us or in the Clerk’soffice), and must be filed as an Originaland include $158.00 filing fee. A copy ofeach Statement of Opposition must alsobe served upon the Appl icant orApplicant’s Attorney and an affidavit orcertificate of such service of mailing shallbe filed with the Water Clerk.

Legal Notice No.: 23094First Publication: November 13, 2014Last Publication: November 13, 2014Publisher: The Elbert County News

Misc. Private Legals

Public Notice

DISTRICT COURT, WATER DIVISION 1,COLORADO

OCTOBER 2014 WATER RESUMEPUBLICATION

TO: ALL PERSONS INTERESTED INWATER APPLICATIONS IN

WATER DIV. 1

Pursuant to C.R.S. 37-92-302, you are no-tified that the following is a resume of allwater right applications and certainamendments filed in the Office of the Wa-ter Clerk during the month of OCTOBER2014 for each County affected.

14CW3130 Arapahoe County Waterand Wastewater Authority (“ACWWA”);and United Water and Sanitation Dis-trict (“United”), (c/o Brian M. Naz-arenus, Esq., Sheela S. Stack, Esq.,and Susan M. Ryan, Esq., RYLEY CAR-LOCK & APPLEWHITE, 1700 LincolnStreet, Suite 3500, Denver, CO 80203,Telephone: 303-863-7500, Attorneys forACWWA); and (c/o Tod J. Smith, Esq.,LAW OFFICE OF TOD J. SMITH, LLC,2919 Valmont Road, Suite 205, Boulder,Colorado 80301 Telephone: 303-444-4203, Attorney for United); APPLICA-TION FOR PLAN FOR AUGMENTATIONOR RECHARGE RIGHT AND APPRO-PRIATIVE RIGHTS OF EXCHANGE, INA D A M S , A R A P A H O E , D E N V E R ,DOUGLAS, ELBERT, LARIMER, MOR-GAN AND WELD COUNTIES. CLAIMFOR PLAN FOR AUGMENTATION ORRECHARGE RIGHT 2. Nature of theClaim. ACWWA seeks the approval of aplan for augmentation to increase its avail-able water supply through recharge of itswater rights at the Haren Recharge Site.Water diverted at the points of diversionidentified below in paragraph 3.1 will bedelivered to the Haren Recharge Site,where the water will then be recharged in-to the underlying alluvial aquifer. The re-charged water will accrete to the SouthPlatte River and will be used by ACWWAas described in paragraph 3.5 below. 3.Name of Structure. Haren Recharge Site.3.1. Point of Diversion. 3.1.1. HarenPipeline. The Haren Pipeline diverts wa-ter from the South Platte River, in theSW1/4 of the SW1/4 of Section 8, Town-ship 4 North, Range 66 West of the 6thP.M. in Weld County, Colorado. A mapshowing the approximate location of theHaren Recharge Pond and the proposeddiversion point for the Haren Pipeline is at-tached as Exhibit 1. ACWWA’s use of theHaren Pipeline is subject to ACWWA ob-taining an agreement with United. 3.2.Recharge Location. 3.2.1. Haren Re-charge Site. The Haren Recharge Site islocated in the SW1/4 of Section 16, Town-ship 4 North, Range 66 West of the 6thP.M. in Weld County, Colorado. The Har-en Recharge Site was previously decreedin Case No. 05CW331 for recharge use byCentral Colorado Water Conservancy Dis-trict (“Central”), Ground Water Manage-ment Subdistrict of the Central ColoradoWater Conservancy District (“GMS”), andWell Augmentation Subdistrict of the Cent-ral Colorado Water Conservancy District(“WAS”). ACWWA’s use of the Haren Re-charge Site is subject to ACWWA obtain-ing an agreement with the necessary own-er(s). 3.3. Sources of Water for the Planfor Augmentation. 3.3.1. Haren Re-charge Site. ACWWA will use the waterrights described in Exhibit 2 for rechargeat the Haren Recharge Site. 3.3.2. Fu-ture Acquired Sources. The Applicants in-tend to acquire and/or lease additional wa-ter supplies in the future for use as asource of supply for the plan for augment-ation described in this Application. TheApplicants wil l add future acquiredsources to the plan for augmentationclaimed in this Application pursuant tosection 37-92-305(8)(c) of the ColoradoRevised Statutes. 3.4. Recharge Accre-tions. Water recharged into the alluvialaquifer will naturally flow down-gradientfor accretion to the South Platte River.The quantity, timing, and location of accre-tions will be calculated and accounted forby ACWWA. 3.5. Uses for the RechargeAccretions. Water accreted back to theSouth Platte River will be used for the pur-poses decreed for each source of waterlisted in Exhibit 2, which may include, butis not limited to, augmentation, storageand refill, recharge, replacement, and ex-change. CLAIM FOR CONDITIONAL AP-PROPRIATIVE RIGHTS OF EXCHANGE4. Nature of the Claim. ACWWA seeksapproval of conditional appropriative rightsof exchange to exchange its sources ofsubstitute supply listed in Exhibit 2 fromthe points described in paragraph 11 tothe Haren Pipeline for use in the plan foraugmentation claimed in this Application.ACWWA will also use the claimed condi-tional appropriative rights of exchange toexchange its recharge accretions from thepoint of accretion for the Haren RechargeSite to the points identified in paragraph12. 5. Rate of Flow. 50 cfs. 6. Date ofAppropriation. October 31, 2014. 7. HowAppropriation was Initiated. The appropri-ation date is based upon the date the Ap-plication in this case was filed. 8. DateWater First Applied to Beneficial Use. Notapplicable. 9. Uses. ACWWA seeks adecree granting the appropriative right ofexchange for the uses described in para-graph 3.5. 10. Sources of SubstituteSupply. The sources of water for the ap-propriative right of exchange sought in thisApplication are the water rights that theApplicants have acquired, have an agree-ment to acquire, or for which the Applic-ants have taken substantial steps towardacquiring as described in Exhibit 2. 11.Exchange From Points. The exchange-from points are the locations identified asthe delivery locations to the South PlatteRiver described for each location and/orstructure listed below. 11.1. Down-stream End Point of South Platte RiverReach 5 (“SPR Reach 5”) - Confluence ofBeaver Creek and the South Platte River.Located in the NW1/4 of the SW1/4 ofSection 4, Township 4 North, Range 55West, of the 6th P.M., Morgan County,Colorado. ACWWA does not seek to ex-change water up Beaver Creek. For pur-poses of the appropriative rights of ex-change sought in this Application, the con-fluence of Beaver Creek and the SouthPlatte River is also the downstream endpoint of SPR Reach 5. SPR Reach 5 wasdecreed at paragraph 19.1.8 in the de-cree for Case No. 10CW306 (“306 De-cree”). SPR Reach 5 is located below theBijou Canal headgate to the confluence ofBeaver Creek and the South Platte River.The Bijou Canal headgate is located onthe south bank of the South Platte River inthe NE1/4 of the NE1/4 of Section 13,Township 4 North, Range 63 West, of the6th P.M., Morgan County, Colorado, at apoint approximately 95 feet west of theeast section line and 604 feet south of thenorth section line of said section. 11.2.Fort Morgan Canal. The Fort MorganCanal headgate is located on the southbank of the South Platte River in theNE1/4 of the SE1/4 of Section 31, Town-ship 5 North, Range 59 West of the 6thP.M., Morgan County, Colorado. The FortMorgan Canal headgate is not an ex-change-from point. 11.2.1. South PlatteRiver Delivery Location. Applicants haveidentified the following structures that de-liver water from the Fort Morgan Canal tothe South Platte River: (1) Glassey FarmRecharge Site, located in the NE1/4 of theSE1/4 of Section 2, Township 3 North,Range 57 West of the 6th P.M., MorganCounty, Colorado; (2) Kula Farm Re-charge Site, located in the NE1/4 of theNE1/4 of Section 4, Township 3 North,Range 57 West of the 6th P.M., MorganCounty, Colorado; (3) Hofmeister FarmRecharge Site, located in the SW1/4 ofthe NE1/4 of Section 21, Township 3North, Range 57 West, Morgan County,Colorado; (4) an augmentation structurelocated in the NE1/4 of the SE1/4 of Sec-tion 31, Township 5 North, Range 59 Westof the 6th P.M., Morgan County, Colorado,which delivers water to the South PlatteRiver in the NE1/4 of the SE1/4 of Sec-tion 31, Township 5 North, Range 59 Westof the 6th P.M., Morgan County, Colorado;and (5) an augmentation structure locatedin the NE1/4 of the SW1/4 of Section 13,Township 3 North, Range 57 West of the6th P.M., Morgan County, Colorado, whichdelivers water to the South Platte River onthe south bank of the river near theCounty Road 24 crossing. This site is inthe vicinity of the river intersection with theSection 25, Township 4 North, Range 57West and Section 30, Township 4 North,Range 56 West line and discharges to theSouth Platte River below the Lower Platteand Beaver Canal. 11.2.2. QuantificationPoint for Recharge Accretions. The re-charge accretions from the Glassey, Kula,and Hofmeister Farm Recharge Sites ac-crue to the South Platte River at the con-fluence of Beaver Creek and the SouthPlatte River as described above in para-graph 11.1. 11.3. Weldon Valley Ditch.The Weldon Valley Ditch headgate is loc-ated on the north bank of the South PlatteRiver in the NW1/4 of the SE1/4 of Sec-tion 13, Township 4 North, Range 61 Westof the 6th P.M., Weld County, Colorado.The Weldon Valley Ditch headgate is notan exchange-from point. 11.3.1. SouthPlatte River Delivery Locations. Applic-ants have identified the following struc-tures that deliver water from the WeldonValley Ditch to the South Platte River: (1)an augmentation structure located in theNE1/4 of the NW1/4 of Section 3, Town-ship 4 North, Range 60 West of the 6thP.M., Morgan County, Colorado, whichdelivers water to the South Platte River inthe W1/2 of the NE1/4 of Section 3, Town-ship 4 North, Range 60 West of the 6thP.M., Morgan County, Colorado; and (2)an augmentation structure located in theNW1/4 of the SE1/4 of Section 7, Town-ship 4 North, Range 58 West of the 6thP.M., Morgan County, Colorado, whichdelivers water to the South Platte River inthe NE1/4 of the NW1/4 of Section 18,Township 4 North, Range 58 West of the6th P.M., Morgan County, Colorado. 11.4.ACWWA 70 Ranch Recharge Project Ex-change Quanti f icat ion Point. TheACWWA 70 Ranch Recharge Project wasdecreed at paragraph 63 of the 306 De-cree. The Quantification Point for re-charge accretions from the ACWWA 70Ranch Recharge Project is the farthestdownstream point at which recharge ac-cretions from the ACWWA 70 Ranch Re-charge Project accrue to the South PlatteRiver, which is located on the South PlatteRiver at the west section line of Section23, Township 4 North, Range 62 West ofthe 6th P.M., Weld County, Colorado, asthe section line intersects with the SouthPlatte River. 11.5. Downstream EndPoint of South Platte River Reach 4 (“SPRReach 4”) – Bijou Canal Headgate. SPRReach 4 was decreed at paragraph 19.1.7of the 306 Decree. SPR Reach 4 is loc-ated f rom the Empire In let Canalheadgate, which is located in the SW1/4of the SW1/4 of Section 19, Township 5North, Range 63 West of the 6th P.M.,Weld County, Colorado, to the Bijou Canalheadgate described in paragraph 11.1above. For purposes of the appropriativerights of exchange sought herein, the ex-change-from point for the SPR Reach 4 isa point at the downstream end of the SPRReach 4, located immediately upstream ofthe Bijou Canal headgate described inparagraph 11.1. 11.6. Confluence ofCrow Creek and the South Platte River.Located in SE1/4 of the NE1/4 of Section24, Township 5 North, Range 64 West ofthe 6th P.M., Weld County, Colorado.11.6.1. Delivery of Substitute Supplies tothe Confluence. Prior to delivery to theconfluence of Crow Creek and the SouthPlatte River for exchange, ACWWA in-tends to divert certain sources of substi-tute supply, as described in Exhibit 2, fromthe Cache la Poudre River at the GreeleyNo. 2 Canal headgate, located in theSE1/4 of the NE1/4 of Section 11, Town-ship 6 North, Range 68 West of the 6thP.M., Larimer County, Colorado, and de-liver the substitute supplies from saidCanal to Crow Creek, located in theNW1/4 of the SW1/4 of Section 25, Town-ship 6 North, Range 64 West of the 6thP.M., Weld County, Colorado, where thesubstitute supplies will be conveyed to theconfluence with the South Platte River.ACWWA shall measure its substitute sup-plies at the location where they are de-livered from Greeley Canal No. 2 intoCrow Creek. 11.7. Confluence of LoneTree Creek and the South Platte River.Located in the SE1/4 of the SE1/4 of Sec-tion 6, Township 5 North, Range 64 Westof the 6th P.M., Weld County, Colorado.11.7.1. Delivery of Substitute Supplies tothe Confluence. Prior to delivery to theconfluence of Lone Tree Creek and theSouth Platte River for exchange, ACWWAintends to divert certain sources of substi-tute supply, as described in Exhibit 2, fromthe Cache la Poudre River at the GreeleyNo. 2 Canal headgate, described in para-graph 11.6.1, and deliver the substitutesupplies from said Canal to Lone TreeCreek, in the NE1/4 of the NW1/4 of Sec-tion 15, Township 6 North, Range 65 Westof the 6th P.M., Weld County, Colorado,where substitute supplies will be con-veyed to the confluence with the SouthPlatte River. ACWWA shall measure itssubstitute supplies at the location wherethey are delivered from Greeley No. 2Canal into Lone Tree Creek. 11.8. Con-fluence of the Cache la Poudre River andthe South Platte River. Located in theSW1/4 of the SW1/4 (Lot 4) of Section 6,Township 5 North, Range 64 West of the6th P.M., Weld County, Colorado, thecentroid being 590 feet from the west sec-tion line and 4760 feet from the north sec-tion line. 11.8.1. Delivery of SubstituteSupplies to the Confluence. ACWWA willdeliver its sources of substitute supply tothe confluence of the Cache la PoudreRiver and the South Platte River by: (1)conveying certain sources of substitutesupply, as described in Exhibit 2, downthe Cache la Poudre River to its conflu-ence with the South Platte River; and/or(2) delivering certain sources of substitutesupply, as described in Exhibit 2, to theconfluence of Sand Creek and the Cachela Poudre River, which is located in theNW1/4 of the NW1/4 of Section 11, Town-ship 5 North, Range 65 West of the 6thP.M., Weld County, Colorado, immedi-ately above the Cache la Poudre River’sconfluence with the South Platte River.11.9. Downstream End Point of SouthPlatte River Reach 3 (“SPR Reach 3”) –Empire Inlet Canal Headgate. SPRReach 3 was decreed at paragraph 19.1.6of the 306 Decree. SPR Reach 3 is loc-ated from the Lower Latham Ditchheadgate, located in the NW1/4 of theNE1/4 of Section 31, Township 5 North,Range 65 West of the 6th P.M., WeldCounty, Colorado, to the Empire InletCanal headgate, described above in para-graph 11.5. For purposes of the appropri-ative rights of exchange decreed herein,the exchange-from point for the SPRReach 3 is a point at the downstream endof SPR Reach 3, located immediately up-stream of the Empire Inlet Canalheadgate, which is described above inparagraph 11.5. 11.10. Accretion Pointfor the Haren Recharge Site. Located inthe SW1/4 of Section 8, Township 4North, Range 66 West of the 6th P.M.,Weld County, Colorado. 12. ExchangeTo Points. 12.1. Haren Pipeline, as de-scribed in paragraph 3.1.1. 12.2. Gil-crest Reservoir Points of Diversion. An offchannel reservoir located within parts ofSection 2, Township 3 North, Range 67West and Sections 23, 26, 34, and 35,Township 4 North, Range 67 West all ofthe 6th P.M., Weld County, Colorado. Apoint of diversion for Gilcrest Reservoir isplanned to be located adjacent to the JayThomas Ditch Diversion Dam on the eastbank of the South Platte River in theNW1/4 of the NW1/4 of Section 11, Town-ship 3 North, Range 67 West of the 6thP.M., Weld County, Colorado. Substitutesupplies will also be diverted into GilcrestReservoir through a proposed inlet/outletstructure, which is designed to also oper-ate as a northern intake to Gilcrest Reser-voir and will be located in the NE1/4 of theSW1/4 of Section 26, Township 4 North,Range 67 West of the 6th P.M., WeldCounty, Colorado. 12.3. St. VrainPipeline Diversion (United Diversion Facil-ity No. 5). The St. Vrain Pipeline Diver-sion will be located at one of the followinglocations and/or any point between thesetwo locations: (1) 500 feet west and 200feet north of the SE corner of Section 20,Township 3 North, Range 67 West of the6th P.M., Weld County, Colorado; or (2)the NW1/4 of the NW1/4 of Section 10,Township 3 North, Range 67 West of the6th P.M., Weld County, Colorado. 12.3.1.Points of Discharge for the St. VrainPipeline. The St. Vrain Pipeline will dis-charge water to the South Platte River atone of the following locations: (1) at apoint to be located upstream of the High-way 66 bridge as it crosses the SouthPlatte River, which delivers water to theSouth Platte River in the SW1/4 of theSW1/4 of Section 19, Township 3 North,Range 66 West of the 6th P.M., WeldCounty, Colorado; (2) at a point to be loc-ated upstream of the Highway 66 bridgeas it crosses the South Platte River, whichdelivers water to the South Platte River inthe SE1/4 of the SE1/4 of Section 24,Township 3 North, Range 67 West of the6th P.M., Weld County, Colorado, or theSE1/2 of Section 25, Township 3 North,Range 67 West of the 6th P.M., WeldCounty, Colorado; or (3) at a point to belocated near the SE1/4 of the SW1/4 ofSection 11, Township 3 North, Range 67West of the 6th P.M., Weld County, Color-ado. Water from the points of dischargefor the St. Vrain Pipeline will only be ex-changed upstream to the points de-scribed below in paragraphs 12.4, 12.5,and 12.6. 12.4. Brighton Lateral PipelineDiversion. The Brighton Lateral PipelineDiversion will be located in the NE1/4 ofthe NE1/4 of Section 32, Township 1South, Range 66 West of the 6th P.M.,Weld County, Colorado. Water may beexchanged through the St. Vrain Pipelineas described above in paragraph 12.3.1.12.5. United Diversion Facility No. 3. TheUnited Diversion Facility No. 3 headgate islocated on the east bank of the SouthPlatte River in the SW1/4 of Section 26,Township 1 South, Range 67 West of the6th P.M., Adams County, Colorado, loc-ated 1,636 feet east of the west line and1,531 feet north of the south line of saidSection 26. Water may be exchangedthrough the St. Vrain Pipeline as de-scribed above in paragraph 12.3.1. 12.6.Burlington Ditch. Pursuant to the decreedchanged point of diversion in Case No.02CW403, the Burlington Ditch headgateis on the east bank of the South PlatteRiver in the NE1/4 of the SW1/4 of Sec-tion 14, Township 3 South, Range 68West of the 6th P.M., City and County ofDenver, Colorado. Water may be ex-changed through the St. Vrain Pipeline asdescribed above in paragraph 12.3.1. 13.Name and Addresses of the Owner of theStructures and Diversion Facilities ListedAbove. 13.1. Haren Pipeline. United Wa-ter and Sanitation District, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, CO 80111. 13.2. Haren RechargeSite. Central Colorado Water Con-servancy District, 3209 West 28th Street,Greeley, CO 80634 and United Waterand Sanitation District, 8301 East Pren-tice Ave., Suite 100, Greenwood Village,CO 80111. 13.3. Fort Morgan CanalAugmentation Structures and RechargeSites. United Water and Sanitation Dis-trict, 8301 East Prentice Ave., Suite 100,Greenwood Village, CO 80111; Ar-apahoe County Water and WastewaterAuthority, 13031 East Caley Avenue,Centennial, CO 80111; Fort MorganReservoir and Irrigation Company, whoseaddress is 218 E. Kiowa Avenue, FortMorgan CO 80701. 13.4. Weldon ValleyAugmentation Structures. United Waterand Sanitation District, 8301 East Pren-tice Ave., Suite 100, Greenwood Village,CO 80111; Central Colorado Water Con-servancy District, 3209 West 28th Street,Greeley, CO 80634; and Weldon ValleyDitch Company, P.O. Box 66, Weldona,Colorado 80653. 13.5. Greeley CanalNo. 2. New Cache la Poudre IrrigatingCompany, c/o Mike Hungenberg, 33040Railroad Avenue, Lucerne, CO 80646.13.6. Gilcrest Reservoir. The JayThomas Diversion Dam and the land atthe point of diversion for Gilcrest Reser-voir are owned by Public Service Com-pany, d/b/a Xcel Energy, Inc, 1800 Lar-imer Street, Denver, CO 80202-1414. Thereservoir and reservoir site is owned byGilcrest Reservoir, LLC, 9171 TowneCentre Drive, Suite 465, San Diego, CA92122. 13.7. St. Vrain Pipeline. UnitedWater and Sanitation District, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, CO 80111; Elverna Burchfield Trust-ee & Sherry Rose, 221 West Platte Aven-ue, Fort Morgan, CO 80701; Public Ser-vice Company, d/b/a Xcel Energy, Inc,1800 Larimer Street, Denver, CO 80202-1414. 13.8. Brighton Lateral Pipeline.United Water and Sanitation District, 8301East Prentice Ave., Suite 100, Green-wood Village, CO 80111. 13.9. UnitedDiversion Facility No. 3. United Water andSanitation District, 8301 East PrenticeAve., Suite 100, Greenwood Village, CO80111. 13.10.Burlington Canal. TheFarmers Reservoir and Irrigation Com-pany, 80 South 27th Avenue, Brighton,CO 80601. WHEREFORE, ACWWA andUnited request that the Court enter a de-cree granting the plan for augmentationand conditional appropriative rights of ex-change and for such other relief it deemsproper. (11 pages, and 2 exhibits)

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

YOU ARE HEREBY NOTIFIED that anyparty who wishes to oppose an applica-tion, or an amended application, may filewith the Water Clerk, P. O. Box 2038,Greeley, CO 80632, a verified Statementof Opposition, setting forth facts as to whythe application should not be granted, orwhy it should be granted only in part or oncertain conditions. Such Statement of Op-position must be filed by the last day ofDECEMBER 2014 (forms available onwww.courts.state.co.us or in the Clerk’soffice), and must be filed as an Originaland include $158.00 filing fee. A copy ofeach Statement of Opposition must alsobe served upon the Appl icant orApplicant’s Attorney and an affidavit orcertificate of such service of mailing shallbe filed with the Water Clerk.

Legal Notice No.: 23094First Publication: November 13, 2014Last Publication: November 13, 2014Publisher: The Elbert County News

Misc. Private Legals

Public Notice

DISTRICT COURT, WATER DIVISION 1,COLORADO

OCTOBER 2014 WATER RESUMEPUBLICATION

TO: ALL PERSONS INTERESTED INWATER APPLICATIONS IN

WATER DIV. 1

Pursuant to C.R.S. 37-92-302, you are no-tified that the following is a resume of allwater right applications and certainamendments filed in the Office of the Wa-ter Clerk during the month of OCTOBER2014 for each County affected.

14CW3130 Arapahoe County Waterand Wastewater Authority (“ACWWA”);and United Water and Sanitation Dis-trict (“United”), (c/o Brian M. Naz-arenus, Esq., Sheela S. Stack, Esq.,and Susan M. Ryan, Esq., RYLEY CAR-LOCK & APPLEWHITE, 1700 LincolnStreet, Suite 3500, Denver, CO 80203,Telephone: 303-863-7500, Attorneys forACWWA); and (c/o Tod J. Smith, Esq.,LAW OFFICE OF TOD J. SMITH, LLC,2919 Valmont Road, Suite 205, Boulder,Colorado 80301 Telephone: 303-444-4203, Attorney for United); APPLICA-TION FOR PLAN FOR AUGMENTATIONOR RECHARGE RIGHT AND APPRO-PRIATIVE RIGHTS OF EXCHANGE, INA D A M S , A R A P A H O E , D E N V E R ,DOUGLAS, ELBERT, LARIMER, MOR-GAN AND WELD COUNTIES. CLAIMFOR PLAN FOR AUGMENTATION ORRECHARGE RIGHT 2. Nature of theClaim. ACWWA seeks the approval of aplan for augmentation to increase its avail-able water supply through recharge of itswater rights at the Haren Recharge Site.Water diverted at the points of diversionidentified below in paragraph 3.1 will bedelivered to the Haren Recharge Site,where the water will then be recharged in-to the underlying alluvial aquifer. The re-charged water will accrete to the SouthPlatte River and will be used by ACWWAas described in paragraph 3.5 below. 3.Name of Structure. Haren Recharge Site.3.1. Point of Diversion. 3.1.1. HarenPipeline. The Haren Pipeline diverts wa-ter from the South Platte River, in theSW1/4 of the SW1/4 of Section 8, Town-ship 4 North, Range 66 West of the 6thP.M. in Weld County, Colorado. A mapshowing the approximate location of theHaren Recharge Pond and the proposeddiversion point for the Haren Pipeline is at-tached as Exhibit 1. ACWWA’s use of theHaren Pipeline is subject to ACWWA ob-taining an agreement with United. 3.2.Recharge Location. 3.2.1. Haren Re-charge Site. The Haren Recharge Site islocated in the SW1/4 of Section 16, Town-ship 4 North, Range 66 West of the 6thP.M. in Weld County, Colorado. The Har-en Recharge Site was previously decreedin Case No. 05CW331 for recharge use byCentral Colorado Water Conservancy Dis-trict (“Central”), Ground Water Manage-ment Subdistrict of the Central ColoradoWater Conservancy District (“GMS”), andWell Augmentation Subdistrict of the Cent-ral Colorado Water Conservancy District(“WAS”). ACWWA’s use of the Haren Re-charge Site is subject to ACWWA obtain-ing an agreement with the necessary own-er(s). 3.3. Sources of Water for the Planfor Augmentation. 3.3.1. Haren Re-charge Site. ACWWA will use the waterrights described in Exhibit 2 for rechargeat the Haren Recharge Site. 3.3.2. Fu-ture Acquired Sources. The Applicants in-tend to acquire and/or lease additional wa-ter supplies in the future for use as asource of supply for the plan for augment-ation described in this Application. TheApplicants wil l add future acquiredsources to the plan for augmentationclaimed in this Application pursuant tosection 37-92-305(8)(c) of the ColoradoRevised Statutes. 3.4. Recharge Accre-tions. Water recharged into the alluvialaquifer will naturally flow down-gradientfor accretion to the South Platte River.The quantity, timing, and location of accre-tions will be calculated and accounted forby ACWWA. 3.5. Uses for the RechargeAccretions. Water accreted back to theSouth Platte River will be used for the pur-poses decreed for each source of waterlisted in Exhibit 2, which may include, butis not limited to, augmentation, storageand refill, recharge, replacement, and ex-change. CLAIM FOR CONDITIONAL AP-PROPRIATIVE RIGHTS OF EXCHANGE4. Nature of the Claim. ACWWA seeksapproval of conditional appropriative rightsof exchange to exchange its sources ofsubstitute supply listed in Exhibit 2 fromthe points described in paragraph 11 tothe Haren Pipeline for use in the plan foraugmentation claimed in this Application.ACWWA will also use the claimed condi-tional appropriative rights of exchange toexchange its recharge accretions from thepoint of accretion for the Haren RechargeSite to the points identified in paragraph12. 5. Rate of Flow. 50 cfs. 6. Date ofAppropriation. October 31, 2014. 7. HowAppropriation was Initiated. The appropri-ation date is based upon the date the Ap-plication in this case was filed. 8. DateWater First Applied to Beneficial Use. Notapplicable. 9. Uses. ACWWA seeks adecree granting the appropriative right ofexchange for the uses described in para-graph 3.5. 10. Sources of SubstituteSupply. The sources of water for the ap-propriative right of exchange sought in thisApplication are the water rights that theApplicants have acquired, have an agree-ment to acquire, or for which the Applic-ants have taken substantial steps towardacquiring as described in Exhibit 2. 11.Exchange From Points. The exchange-from points are the locations identified asthe delivery locations to the South PlatteRiver described for each location and/orstructure listed below. 11.1. Down-stream End Point of South Platte RiverReach 5 (“SPR Reach 5”) - Confluence ofBeaver Creek and the South Platte River.Located in the NW1/4 of the SW1/4 ofSection 4, Township 4 North, Range 55West, of the 6th P.M., Morgan County,Colorado. ACWWA does not seek to ex-change water up Beaver Creek. For pur-poses of the appropriative rights of ex-change sought in this Application, the con-fluence of Beaver Creek and the SouthPlatte River is also the downstream endpoint of SPR Reach 5. SPR Reach 5 wasdecreed at paragraph 19.1.8 in the de-cree for Case No. 10CW306 (“306 De-cree”). SPR Reach 5 is located below theBijou Canal headgate to the confluence ofBeaver Creek and the South Platte River.The Bijou Canal headgate is located onthe south bank of the South Platte River inthe NE1/4 of the NE1/4 of Section 13,Township 4 North, Range 63 West, of the6th P.M., Morgan County, Colorado, at apoint approximately 95 feet west of theeast section line and 604 feet south of thenorth section line of said section. 11.2.Fort Morgan Canal. The Fort MorganCanal headgate is located on the southbank of the South Platte River in theNE1/4 of the SE1/4 of Section 31, Town-ship 5 North, Range 59 West of the 6thP.M., Morgan County, Colorado. The FortMorgan Canal headgate is not an ex-change-from point. 11.2.1. South PlatteRiver Delivery Location. Applicants haveidentified the following structures that de-liver water from the Fort Morgan Canal tothe South Platte River: (1) Glassey FarmRecharge Site, located in the NE1/4 of theSE1/4 of Section 2, Township 3 North,Range 57 West of the 6th P.M., MorganCounty, Colorado; (2) Kula Farm Re-charge Site, located in the NE1/4 of theNE1/4 of Section 4, Township 3 North,Range 57 West of the 6th P.M., MorganCounty, Colorado; (3) Hofmeister FarmRecharge Site, located in the SW1/4 ofthe NE1/4 of Section 21, Township 3North, Range 57 West, Morgan County,Colorado; (4) an augmentation structurelocated in the NE1/4 of the SE1/4 of Sec-tion 31, Township 5 North, Range 59 Westof the 6th P.M., Morgan County, Colorado,which delivers water to the South PlatteRiver in the NE1/4 of the SE1/4 of Sec-tion 31, Township 5 North, Range 59 Westof the 6th P.M., Morgan County, Colorado;and (5) an augmentation structure locatedin the NE1/4 of the SW1/4 of Section 13,Township 3 North, Range 57 West of the6th P.M., Morgan County, Colorado, whichdelivers water to the South Platte River onthe south bank of the river near theCounty Road 24 crossing. This site is inthe vicinity of the river intersection with theSection 25, Township 4 North, Range 57West and Section 30, Township 4 North,Range 56 West line and discharges to theSouth Platte River below the Lower Platteand Beaver Canal. 11.2.2. QuantificationPoint for Recharge Accretions. The re-charge accretions from the Glassey, Kula,and Hofmeister Farm Recharge Sites ac-crue to the South Platte River at the con-fluence of Beaver Creek and the SouthPlatte River as described above in para-graph 11.1. 11.3. Weldon Valley Ditch.The Weldon Valley Ditch headgate is loc-ated on the north bank of the South PlatteRiver in the NW1/4 of the SE1/4 of Sec-tion 13, Township 4 North, Range 61 Westof the 6th P.M., Weld County, Colorado.The Weldon Valley Ditch headgate is notan exchange-from point. 11.3.1. SouthPlatte River Delivery Locations. Applic-ants have identified the following struc-tures that deliver water from the WeldonValley Ditch to the South Platte River: (1)an augmentation structure located in theNE1/4 of the NW1/4 of Section 3, Town-ship 4 North, Range 60 West of the 6thP.M., Morgan County, Colorado, whichdelivers water to the South Platte River inthe W1/2 of the NE1/4 of Section 3, Town-ship 4 North, Range 60 West of the 6thP.M., Morgan County, Colorado; and (2)an augmentation structure located in theNW1/4 of the SE1/4 of Section 7, Town-ship 4 North, Range 58 West of the 6thP.M., Morgan County, Colorado, whichdelivers water to the South Platte River inthe NE1/4 of the NW1/4 of Section 18,Township 4 North, Range 58 West of the6th P.M., Morgan County, Colorado. 11.4.ACWWA 70 Ranch Recharge Project Ex-change Quanti f icat ion Point. TheACWWA 70 Ranch Recharge Project wasdecreed at paragraph 63 of the 306 De-cree. The Quantification Point for re-charge accretions from the ACWWA 70Ranch Recharge Project is the farthestdownstream point at which recharge ac-cretions from the ACWWA 70 Ranch Re-charge Project accrue to the South PlatteRiver, which is located on the South PlatteRiver at the west section line of Section23, Township 4 North, Range 62 West ofthe 6th P.M., Weld County, Colorado, asthe section line intersects with the SouthPlatte River. 11.5. Downstream EndPoint of South Platte River Reach 4 (“SPRReach 4”) – Bijou Canal Headgate. SPRReach 4 was decreed at paragraph 19.1.7of the 306 Decree. SPR Reach 4 is loc-ated f rom the Empire In let Canalheadgate, which is located in the SW1/4of the SW1/4 of Section 19, Township 5North, Range 63 West of the 6th P.M.,Weld County, Colorado, to the Bijou Canalheadgate described in paragraph 11.1above. For purposes of the appropriativerights of exchange sought herein, the ex-change-from point for the SPR Reach 4 isa point at the downstream end of the SPRReach 4, located immediately upstream ofthe Bijou Canal headgate described inparagraph 11.1. 11.6. Confluence ofCrow Creek and the South Platte River.Located in SE1/4 of the NE1/4 of Section24, Township 5 North, Range 64 West ofthe 6th P.M., Weld County, Colorado.11.6.1. Delivery of Substitute Supplies tothe Confluence. Prior to delivery to theconfluence of Crow Creek and the SouthPlatte River for exchange, ACWWA in-tends to divert certain sources of substi-tute supply, as described in Exhibit 2, fromthe Cache la Poudre River at the GreeleyNo. 2 Canal headgate, located in theSE1/4 of the NE1/4 of Section 11, Town-ship 6 North, Range 68 West of the 6thP.M., Larimer County, Colorado, and de-liver the substitute supplies from saidCanal to Crow Creek, located in theNW1/4 of the SW1/4 of Section 25, Town-ship 6 North, Range 64 West of the 6thP.M., Weld County, Colorado, where thesubstitute supplies will be conveyed to theconfluence with the South Platte River.ACWWA shall measure its substitute sup-plies at the location where they are de-livered from Greeley Canal No. 2 intoCrow Creek. 11.7. Confluence of LoneTree Creek and the South Platte River.Located in the SE1/4 of the SE1/4 of Sec-tion 6, Township 5 North, Range 64 Westof the 6th P.M., Weld County, Colorado.11.7.1. Delivery of Substitute Supplies tothe Confluence. Prior to delivery to theconfluence of Lone Tree Creek and theSouth Platte River for exchange, ACWWAintends to divert certain sources of substi-tute supply, as described in Exhibit 2, fromthe Cache la Poudre River at the GreeleyNo. 2 Canal headgate, described in para-graph 11.6.1, and deliver the substitutesupplies from said Canal to Lone TreeCreek, in the NE1/4 of the NW1/4 of Sec-tion 15, Township 6 North, Range 65 Westof the 6th P.M., Weld County, Colorado,where substitute supplies will be con-veyed to the confluence with the SouthPlatte River. ACWWA shall measure itssubstitute supplies at the location wherethey are delivered from Greeley No. 2Canal into Lone Tree Creek. 11.8. Con-fluence of the Cache la Poudre River andthe South Platte River. Located in theSW1/4 of the SW1/4 (Lot 4) of Section 6,Township 5 North, Range 64 West of the6th P.M., Weld County, Colorado, thecentroid being 590 feet from the west sec-tion line and 4760 feet from the north sec-tion line. 11.8.1. Delivery of SubstituteSupplies to the Confluence. ACWWA willdeliver its sources of substitute supply tothe confluence of the Cache la PoudreRiver and the South Platte River by: (1)conveying certain sources of substitutesupply, as described in Exhibit 2, downthe Cache la Poudre River to its conflu-ence with the South Platte River; and/or(2) delivering certain sources of substitutesupply, as described in Exhibit 2, to theconfluence of Sand Creek and the Cachela Poudre River, which is located in theNW1/4 of the NW1/4 of Section 11, Town-ship 5 North, Range 65 West of the 6thP.M., Weld County, Colorado, immedi-ately above the Cache la Poudre River’sconfluence with the South Platte River.11.9. Downstream End Point of SouthPlatte River Reach 3 (“SPR Reach 3”) –Empire Inlet Canal Headgate. SPRReach 3 was decreed at paragraph 19.1.6of the 306 Decree. SPR Reach 3 is loc-ated from the Lower Latham Ditchheadgate, located in the NW1/4 of theNE1/4 of Section 31, Township 5 North,Range 65 West of the 6th P.M., WeldCounty, Colorado, to the Empire InletCanal headgate, described above in para-graph 11.5. For purposes of the appropri-ative rights of exchange decreed herein,the exchange-from point for the SPRReach 3 is a point at the downstream endof SPR Reach 3, located immediately up-stream of the Empire Inlet Canalheadgate, which is described above inparagraph 11.5. 11.10. Accretion Pointfor the Haren Recharge Site. Located inthe SW1/4 of Section 8, Township 4North, Range 66 West of the 6th P.M.,Weld County, Colorado. 12. ExchangeTo Points. 12.1. Haren Pipeline, as de-scribed in paragraph 3.1.1. 12.2. Gil-crest Reservoir Points of Diversion. An offchannel reservoir located within parts ofSection 2, Township 3 North, Range 67West and Sections 23, 26, 34, and 35,Township 4 North, Range 67 West all ofthe 6th P.M., Weld County, Colorado. Apoint of diversion for Gilcrest Reservoir isplanned to be located adjacent to the JayThomas Ditch Diversion Dam on the eastbank of the South Platte River in theNW1/4 of the NW1/4 of Section 11, Town-ship 3 North, Range 67 West of the 6thP.M., Weld County, Colorado. Substitutesupplies will also be diverted into GilcrestReservoir through a proposed inlet/outletstructure, which is designed to also oper-ate as a northern intake to Gilcrest Reser-voir and will be located in the NE1/4 of theSW1/4 of Section 26, Township 4 North,Range 67 West of the 6th P.M., WeldCounty, Colorado. 12.3. St. VrainPipeline Diversion (United Diversion Facil-ity No. 5). The St. Vrain Pipeline Diver-sion will be located at one of the followinglocations and/or any point between thesetwo locations: (1) 500 feet west and 200feet north of the SE corner of Section 20,Township 3 North, Range 67 West of the6th P.M., Weld County, Colorado; or (2)the NW1/4 of the NW1/4 of Section 10,Township 3 North, Range 67 West of the6th P.M., Weld County, Colorado. 12.3.1.Points of Discharge for the St. VrainPipeline. The St. Vrain Pipeline will dis-charge water to the South Platte River atone of the following locations: (1) at apoint to be located upstream of the High-way 66 bridge as it crosses the SouthPlatte River, which delivers water to theSouth Platte River in the SW1/4 of theSW1/4 of Section 19, Township 3 North,Range 66 West of the 6th P.M., WeldCounty, Colorado; (2) at a point to be loc-ated upstream of the Highway 66 bridgeas it crosses the South Platte River, whichdelivers water to the South Platte River inthe SE1/4 of the SE1/4 of Section 24,Township 3 North, Range 67 West of the6th P.M., Weld County, Colorado, or theSE1/2 of Section 25, Township 3 North,Range 67 West of the 6th P.M., WeldCounty, Colorado; or (3) at a point to belocated near the SE1/4 of the SW1/4 ofSection 11, Township 3 North, Range 67West of the 6th P.M., Weld County, Color-ado. Water from the points of dischargefor the St. Vrain Pipeline will only be ex-changed upstream to the points de-scribed below in paragraphs 12.4, 12.5,and 12.6. 12.4. Brighton Lateral PipelineDiversion. The Brighton Lateral PipelineDiversion will be located in the NE1/4 ofthe NE1/4 of Section 32, Township 1South, Range 66 West of the 6th P.M.,Weld County, Colorado. Water may beexchanged through the St. Vrain Pipelineas described above in paragraph 12.3.1.12.5. United Diversion Facility No. 3. TheUnited Diversion Facility No. 3 headgate islocated on the east bank of the SouthPlatte River in the SW1/4 of Section 26,Township 1 South, Range 67 West of the6th P.M., Adams County, Colorado, loc-ated 1,636 feet east of the west line and1,531 feet north of the south line of saidSection 26. Water may be exchangedthrough the St. Vrain Pipeline as de-scribed above in paragraph 12.3.1. 12.6.Burlington Ditch. Pursuant to the decreedchanged point of diversion in Case No.02CW403, the Burlington Ditch headgateis on the east bank of the South PlatteRiver in the NE1/4 of the SW1/4 of Sec-tion 14, Township 3 South, Range 68West of the 6th P.M., City and County ofDenver, Colorado. Water may be ex-changed through the St. Vrain Pipeline asdescribed above in paragraph 12.3.1. 13.Name and Addresses of the Owner of theStructures and Diversion Facilities ListedAbove. 13.1. Haren Pipeline. United Wa-ter and Sanitation District, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, CO 80111. 13.2. Haren RechargeSite. Central Colorado Water Con-servancy District, 3209 West 28th Street,Greeley, CO 80634 and United Waterand Sanitation District, 8301 East Pren-tice Ave., Suite 100, Greenwood Village,CO 80111. 13.3. Fort Morgan CanalAugmentation Structures and RechargeSites. United Water and Sanitation Dis-trict, 8301 East Prentice Ave., Suite 100,Greenwood Village, CO 80111; Ar-apahoe County Water and WastewaterAuthority, 13031 East Caley Avenue,Centennial, CO 80111; Fort MorganReservoir and Irrigation Company, whoseaddress is 218 E. Kiowa Avenue, FortMorgan CO 80701. 13.4. Weldon ValleyAugmentation Structures. United Waterand Sanitation District, 8301 East Pren-tice Ave., Suite 100, Greenwood Village,CO 80111; Central Colorado Water Con-servancy District, 3209 West 28th Street,Greeley, CO 80634; and Weldon ValleyDitch Company, P.O. Box 66, Weldona,Colorado 80653. 13.5. Greeley CanalNo. 2. New Cache la Poudre IrrigatingCompany, c/o Mike Hungenberg, 33040Railroad Avenue, Lucerne, CO 80646.13.6. Gilcrest Reservoir. The JayThomas Diversion Dam and the land atthe point of diversion for Gilcrest Reser-voir are owned by Public Service Com-pany, d/b/a Xcel Energy, Inc, 1800 Lar-imer Street, Denver, CO 80202-1414. Thereservoir and reservoir site is owned byGilcrest Reservoir, LLC, 9171 TowneCentre Drive, Suite 465, San Diego, CA92122. 13.7. St. Vrain Pipeline. UnitedWater and Sanitation District, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, CO 80111; Elverna Burchfield Trust-ee & Sherry Rose, 221 West Platte Aven-ue, Fort Morgan, CO 80701; Public Ser-vice Company, d/b/a Xcel Energy, Inc,1800 Larimer Street, Denver, CO 80202-1414. 13.8. Brighton Lateral Pipeline.United Water and Sanitation District, 8301East Prentice Ave., Suite 100, Green-wood Village, CO 80111. 13.9. UnitedDiversion Facility No. 3. United Water andSanitation District, 8301 East PrenticeAve., Suite 100, Greenwood Village, CO80111. 13.10.Burlington Canal. TheFarmers Reservoir and Irrigation Com-pany, 80 South 27th Avenue, Brighton,CO 80601. WHEREFORE, ACWWA andUnited request that the Court enter a de-cree granting the plan for augmentationand conditional appropriative rights of ex-change and for such other relief it deemsproper. (11 pages, and 2 exhibits)

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

YOU ARE HEREBY NOTIFIED that anyparty who wishes to oppose an applica-tion, or an amended application, may filewith the Water Clerk, P. O. Box 2038,Greeley, CO 80632, a verified Statementof Opposition, setting forth facts as to whythe application should not be granted, orwhy it should be granted only in part or oncertain conditions. Such Statement of Op-position must be filed by the last day ofDECEMBER 2014 (forms available onwww.courts.state.co.us or in the Clerk’soffice), and must be filed as an Originaland include $158.00 filing fee. A copy ofeach Statement of Opposition must alsobe served upon the Appl icant orApplicant’s Attorney and an affidavit orcertificate of such service of mailing shallbe filed with the Water Clerk.

Legal Notice No.: 23094First Publication: November 13, 2014Last Publication: November 13, 2014Publisher: The Elbert County News

Misc. Private Legals

Public Notice

DISTRICT COURT, WATER DIVISION 1,COLORADO

OCTOBER 2014 WATER RESUMEPUBLICATION

TO: ALL PERSONS INTERESTED INWATER APPLICATIONS IN

WATER DIV. 1

Pursuant to C.R.S. 37-92-302, you are no-tified that the following is a resume of allwater right applications and certainamendments filed in the Office of the Wa-ter Clerk during the month of OCTOBER2014 for each County affected.

14CW3130 Arapahoe County Waterand Wastewater Authority (“ACWWA”);and United Water and Sanitation Dis-trict (“United”), (c/o Brian M. Naz-arenus, Esq., Sheela S. Stack, Esq.,and Susan M. Ryan, Esq., RYLEY CAR-LOCK & APPLEWHITE, 1700 LincolnStreet, Suite 3500, Denver, CO 80203,Telephone: 303-863-7500, Attorneys forACWWA); and (c/o Tod J. Smith, Esq.,LAW OFFICE OF TOD J. SMITH, LLC,2919 Valmont Road, Suite 205, Boulder,Colorado 80301 Telephone: 303-444-4203, Attorney for United); APPLICA-TION FOR PLAN FOR AUGMENTATIONOR RECHARGE RIGHT AND APPRO-PRIATIVE RIGHTS OF EXCHANGE, INA D A M S , A R A P A H O E , D E N V E R ,DOUGLAS, ELBERT, LARIMER, MOR-GAN AND WELD COUNTIES. CLAIMFOR PLAN FOR AUGMENTATION ORRECHARGE RIGHT 2. Nature of theClaim. ACWWA seeks the approval of aplan for augmentation to increase its avail-able water supply through recharge of itswater rights at the Haren Recharge Site.Water diverted at the points of diversionidentified below in paragraph 3.1 will bedelivered to the Haren Recharge Site,where the water will then be recharged in-to the underlying alluvial aquifer. The re-charged water will accrete to the SouthPlatte River and will be used by ACWWAas described in paragraph 3.5 below. 3.Name of Structure. Haren Recharge Site.3.1. Point of Diversion. 3.1.1. HarenPipeline. The Haren Pipeline diverts wa-ter from the South Platte River, in theSW1/4 of the SW1/4 of Section 8, Town-ship 4 North, Range 66 West of the 6thP.M. in Weld County, Colorado. A mapshowing the approximate location of theHaren Recharge Pond and the proposeddiversion point for the Haren Pipeline is at-tached as Exhibit 1. ACWWA’s use of theHaren Pipeline is subject to ACWWA ob-taining an agreement with United. 3.2.Recharge Location. 3.2.1. Haren Re-charge Site. The Haren Recharge Site islocated in the SW1/4 of Section 16, Town-ship 4 North, Range 66 West of the 6thP.M. in Weld County, Colorado. The Har-en Recharge Site was previously decreedin Case No. 05CW331 for recharge use byCentral Colorado Water Conservancy Dis-trict (“Central”), Ground Water Manage-ment Subdistrict of the Central ColoradoWater Conservancy District (“GMS”), andWell Augmentation Subdistrict of the Cent-ral Colorado Water Conservancy District(“WAS”). ACWWA’s use of the Haren Re-charge Site is subject to ACWWA obtain-ing an agreement with the necessary own-er(s). 3.3. Sources of Water for the Planfor Augmentation. 3.3.1. Haren Re-charge Site. ACWWA will use the waterrights described in Exhibit 2 for rechargeat the Haren Recharge Site. 3.3.2. Fu-ture Acquired Sources. The Applicants in-tend to acquire and/or lease additional wa-ter supplies in the future for use as asource of supply for the plan for augment-ation described in this Application. TheApplicants wil l add future acquiredsources to the plan for augmentationclaimed in this Application pursuant tosection 37-92-305(8)(c) of the ColoradoRevised Statutes. 3.4. Recharge Accre-tions. Water recharged into the alluvialaquifer will naturally flow down-gradientfor accretion to the South Platte River.The quantity, timing, and location of accre-tions will be calculated and accounted forby ACWWA. 3.5. Uses for the RechargeAccretions. Water accreted back to theSouth Platte River will be used for the pur-poses decreed for each source of waterlisted in Exhibit 2, which may include, butis not limited to, augmentation, storageand refill, recharge, replacement, and ex-change. CLAIM FOR CONDITIONAL AP-PROPRIATIVE RIGHTS OF EXCHANGE4. Nature of the Claim. ACWWA seeksapproval of conditional appropriative rightsof exchange to exchange its sources ofsubstitute supply listed in Exhibit 2 fromthe points described in paragraph 11 tothe Haren Pipeline for use in the plan foraugmentation claimed in this Application.ACWWA will also use the claimed condi-tional appropriative rights of exchange toexchange its recharge accretions from thepoint of accretion for the Haren RechargeSite to the points identified in paragraph12. 5. Rate of Flow. 50 cfs. 6. Date ofAppropriation. October 31, 2014. 7. HowAppropriation was Initiated. The appropri-ation date is based upon the date the Ap-plication in this case was filed. 8. DateWater First Applied to Beneficial Use. Notapplicable. 9. Uses. ACWWA seeks adecree granting the appropriative right ofexchange for the uses described in para-graph 3.5. 10. Sources of SubstituteSupply. The sources of water for the ap-propriative right of exchange sought in thisApplication are the water rights that theApplicants have acquired, have an agree-ment to acquire, or for which the Applic-ants have taken substantial steps towardacquiring as described in Exhibit 2. 11.Exchange From Points. The exchange-from points are the locations identified asthe delivery locations to the South PlatteRiver described for each location and/orstructure listed below. 11.1. Down-stream End Point of South Platte RiverReach 5 (“SPR Reach 5”) - Confluence ofBeaver Creek and the South Platte River.Located in the NW1/4 of the SW1/4 ofSection 4, Township 4 North, Range 55West, of the 6th P.M., Morgan County,Colorado. ACWWA does not seek to ex-change water up Beaver Creek. For pur-poses of the appropriative rights of ex-change sought in this Application, the con-fluence of Beaver Creek and the SouthPlatte River is also the downstream endpoint of SPR Reach 5. SPR Reach 5 wasdecreed at paragraph 19.1.8 in the de-cree for Case No. 10CW306 (“306 De-cree”). SPR Reach 5 is located below theBijou Canal headgate to the confluence ofBeaver Creek and the South Platte River.The Bijou Canal headgate is located onthe south bank of the South Platte River inthe NE1/4 of the NE1/4 of Section 13,Township 4 North, Range 63 West, of the6th P.M., Morgan County, Colorado, at apoint approximately 95 feet west of theeast section line and 604 feet south of thenorth section line of said section. 11.2.Fort Morgan Canal. The Fort MorganCanal headgate is located on the southbank of the South Platte River in theNE1/4 of the SE1/4 of Section 31, Town-ship 5 North, Range 59 West of the 6thP.M., Morgan County, Colorado. The FortMorgan Canal headgate is not an ex-change-from point. 11.2.1. South PlatteRiver Delivery Location. Applicants haveidentified the following structures that de-liver water from the Fort Morgan Canal tothe South Platte River: (1) Glassey FarmRecharge Site, located in the NE1/4 of theSE1/4 of Section 2, Township 3 North,Range 57 West of the 6th P.M., MorganCounty, Colorado; (2) Kula Farm Re-charge Site, located in the NE1/4 of theNE1/4 of Section 4, Township 3 North,Range 57 West of the 6th P.M., MorganCounty, Colorado; (3) Hofmeister FarmRecharge Site, located in the SW1/4 ofthe NE1/4 of Section 21, Township 3North, Range 57 West, Morgan County,Colorado; (4) an augmentation structurelocated in the NE1/4 of the SE1/4 of Sec-tion 31, Township 5 North, Range 59 Westof the 6th P.M., Morgan County, Colorado,which delivers water to the South PlatteRiver in the NE1/4 of the SE1/4 of Sec-tion 31, Township 5 North, Range 59 Westof the 6th P.M., Morgan County, Colorado;and (5) an augmentation structure locatedin the NE1/4 of the SW1/4 of Section 13,Township 3 North, Range 57 West of the6th P.M., Morgan County, Colorado, whichdelivers water to the South Platte River onthe south bank of the river near theCounty Road 24 crossing. This site is inthe vicinity of the river intersection with theSection 25, Township 4 North, Range 57West and Section 30, Township 4 North,Range 56 West line and discharges to theSouth Platte River below the Lower Platteand Beaver Canal. 11.2.2. QuantificationPoint for Recharge Accretions. The re-charge accretions from the Glassey, Kula,and Hofmeister Farm Recharge Sites ac-crue to the South Platte River at the con-fluence of Beaver Creek and the SouthPlatte River as described above in para-graph 11.1. 11.3. Weldon Valley Ditch.The Weldon Valley Ditch headgate is loc-ated on the north bank of the South PlatteRiver in the NW1/4 of the SE1/4 of Sec-tion 13, Township 4 North, Range 61 Westof the 6th P.M., Weld County, Colorado.The Weldon Valley Ditch headgate is notan exchange-from point. 11.3.1. SouthPlatte River Delivery Locations. Applic-ants have identified the following struc-tures that deliver water from the WeldonValley Ditch to the South Platte River: (1)an augmentation structure located in theNE1/4 of the NW1/4 of Section 3, Town-ship 4 North, Range 60 West of the 6thP.M., Morgan County, Colorado, whichdelivers water to the South Platte River inthe W1/2 of the NE1/4 of Section 3, Town-ship 4 North, Range 60 West of the 6thP.M., Morgan County, Colorado; and (2)an augmentation structure located in theNW1/4 of the SE1/4 of Section 7, Town-ship 4 North, Range 58 West of the 6thP.M., Morgan County, Colorado, whichdelivers water to the South Platte River inthe NE1/4 of the NW1/4 of Section 18,Township 4 North, Range 58 West of the6th P.M., Morgan County, Colorado. 11.4.ACWWA 70 Ranch Recharge Project Ex-change Quanti f icat ion Point. TheACWWA 70 Ranch Recharge Project wasdecreed at paragraph 63 of the 306 De-cree. The Quantification Point for re-charge accretions from the ACWWA 70Ranch Recharge Project is the farthestdownstream point at which recharge ac-cretions from the ACWWA 70 Ranch Re-charge Project accrue to the South PlatteRiver, which is located on the South PlatteRiver at the west section line of Section23, Township 4 North, Range 62 West ofthe 6th P.M., Weld County, Colorado, asthe section line intersects with the SouthPlatte River. 11.5. Downstream EndPoint of South Platte River Reach 4 (“SPRReach 4”) – Bijou Canal Headgate. SPRReach 4 was decreed at paragraph 19.1.7of the 306 Decree. SPR Reach 4 is loc-ated f rom the Empire In let Canalheadgate, which is located in the SW1/4of the SW1/4 of Section 19, Township 5North, Range 63 West of the 6th P.M.,Weld County, Colorado, to the Bijou Canalheadgate described in paragraph 11.1above. For purposes of the appropriativerights of exchange sought herein, the ex-change-from point for the SPR Reach 4 isa point at the downstream end of the SPRReach 4, located immediately upstream ofthe Bijou Canal headgate described inparagraph 11.1. 11.6. Confluence ofCrow Creek and the South Platte River.Located in SE1/4 of the NE1/4 of Section24, Township 5 North, Range 64 West ofthe 6th P.M., Weld County, Colorado.11.6.1. Delivery of Substitute Supplies tothe Confluence. Prior to delivery to theconfluence of Crow Creek and the SouthPlatte River for exchange, ACWWA in-tends to divert certain sources of substi-tute supply, as described in Exhibit 2, fromthe Cache la Poudre River at the GreeleyNo. 2 Canal headgate, located in theSE1/4 of the NE1/4 of Section 11, Town-ship 6 North, Range 68 West of the 6thP.M., Larimer County, Colorado, and de-liver the substitute supplies from saidCanal to Crow Creek, located in theNW1/4 of the SW1/4 of Section 25, Town-ship 6 North, Range 64 West of the 6thP.M., Weld County, Colorado, where thesubstitute supplies will be conveyed to theconfluence with the South Platte River.ACWWA shall measure its substitute sup-plies at the location where they are de-livered from Greeley Canal No. 2 intoCrow Creek. 11.7. Confluence of LoneTree Creek and the South Platte River.Located in the SE1/4 of the SE1/4 of Sec-tion 6, Township 5 North, Range 64 Westof the 6th P.M., Weld County, Colorado.11.7.1. Delivery of Substitute Supplies tothe Confluence. Prior to delivery to theconfluence of Lone Tree Creek and theSouth Platte River for exchange, ACWWAintends to divert certain sources of substi-tute supply, as described in Exhibit 2, fromthe Cache la Poudre River at the GreeleyNo. 2 Canal headgate, described in para-graph 11.6.1, and deliver the substitutesupplies from said Canal to Lone TreeCreek, in the NE1/4 of the NW1/4 of Sec-tion 15, Township 6 North, Range 65 Westof the 6th P.M., Weld County, Colorado,where substitute supplies will be con-veyed to the confluence with the SouthPlatte River. ACWWA shall measure itssubstitute supplies at the location wherethey are delivered from Greeley No. 2Canal into Lone Tree Creek. 11.8. Con-fluence of the Cache la Poudre River andthe South Platte River. Located in theSW1/4 of the SW1/4 (Lot 4) of Section 6,Township 5 North, Range 64 West of the6th P.M., Weld County, Colorado, thecentroid being 590 feet from the west sec-tion line and 4760 feet from the north sec-tion line. 11.8.1. Delivery of SubstituteSupplies to the Confluence. ACWWA willdeliver its sources of substitute supply tothe confluence of the Cache la PoudreRiver and the South Platte River by: (1)conveying certain sources of substitutesupply, as described in Exhibit 2, downthe Cache la Poudre River to its conflu-ence with the South Platte River; and/or(2) delivering certain sources of substitutesupply, as described in Exhibit 2, to theconfluence of Sand Creek and the Cachela Poudre River, which is located in theNW1/4 of the NW1/4 of Section 11, Town-ship 5 North, Range 65 West of the 6thP.M., Weld County, Colorado, immedi-ately above the Cache la Poudre River’sconfluence with the South Platte River.11.9. Downstream End Point of SouthPlatte River Reach 3 (“SPR Reach 3”) –Empire Inlet Canal Headgate. SPRReach 3 was decreed at paragraph 19.1.6of the 306 Decree. SPR Reach 3 is loc-ated from the Lower Latham Ditchheadgate, located in the NW1/4 of theNE1/4 of Section 31, Township 5 North,Range 65 West of the 6th P.M., WeldCounty, Colorado, to the Empire InletCanal headgate, described above in para-graph 11.5. For purposes of the appropri-ative rights of exchange decreed herein,the exchange-from point for the SPRReach 3 is a point at the downstream endof SPR Reach 3, located immediately up-stream of the Empire Inlet Canalheadgate, which is described above inparagraph 11.5. 11.10. Accretion Pointfor the Haren Recharge Site. Located inthe SW1/4 of Section 8, Township 4North, Range 66 West of the 6th P.M.,Weld County, Colorado. 12. ExchangeTo Points. 12.1. Haren Pipeline, as de-scribed in paragraph 3.1.1. 12.2. Gil-crest Reservoir Points of Diversion. An offchannel reservoir located within parts ofSection 2, Township 3 North, Range 67West and Sections 23, 26, 34, and 35,Township 4 North, Range 67 West all ofthe 6th P.M., Weld County, Colorado. Apoint of diversion for Gilcrest Reservoir isplanned to be located adjacent to the JayThomas Ditch Diversion Dam on the eastbank of the South Platte River in theNW1/4 of the NW1/4 of Section 11, Town-ship 3 North, Range 67 West of the 6thP.M., Weld County, Colorado. Substitutesupplies will also be diverted into GilcrestReservoir through a proposed inlet/outletstructure, which is designed to also oper-ate as a northern intake to Gilcrest Reser-voir and will be located in the NE1/4 of theSW1/4 of Section 26, Township 4 North,Range 67 West of the 6th P.M., WeldCounty, Colorado. 12.3. St. VrainPipeline Diversion (United Diversion Facil-ity No. 5). The St. Vrain Pipeline Diver-sion will be located at one of the followinglocations and/or any point between thesetwo locations: (1) 500 feet west and 200feet north of the SE corner of Section 20,Township 3 North, Range 67 West of the6th P.M., Weld County, Colorado; or (2)the NW1/4 of the NW1/4 of Section 10,Township 3 North, Range 67 West of the6th P.M., Weld County, Colorado. 12.3.1.Points of Discharge for the St. VrainPipeline. The St. Vrain Pipeline will dis-charge water to the South Platte River atone of the following locations: (1) at apoint to be located upstream of the High-way 66 bridge as it crosses the SouthPlatte River, which delivers water to theSouth Platte River in the SW1/4 of theSW1/4 of Section 19, Township 3 North,Range 66 West of the 6th P.M., WeldCounty, Colorado; (2) at a point to be loc-ated upstream of the Highway 66 bridgeas it crosses the South Platte River, whichdelivers water to the South Platte River inthe SE1/4 of the SE1/4 of Section 24,Township 3 North, Range 67 West of the6th P.M., Weld County, Colorado, or theSE1/2 of Section 25, Township 3 North,Range 67 West of the 6th P.M., WeldCounty, Colorado; or (3) at a point to belocated near the SE1/4 of the SW1/4 ofSection 11, Township 3 North, Range 67West of the 6th P.M., Weld County, Color-ado. Water from the points of dischargefor the St. Vrain Pipeline will only be ex-changed upstream to the points de-scribed below in paragraphs 12.4, 12.5,and 12.6. 12.4. Brighton Lateral PipelineDiversion. The Brighton Lateral PipelineDiversion will be located in the NE1/4 ofthe NE1/4 of Section 32, Township 1South, Range 66 West of the 6th P.M.,Weld County, Colorado. Water may beexchanged through the St. Vrain Pipelineas described above in paragraph 12.3.1.12.5. United Diversion Facility No. 3. TheUnited Diversion Facility No. 3 headgate islocated on the east bank of the SouthPlatte River in the SW1/4 of Section 26,Township 1 South, Range 67 West of the6th P.M., Adams County, Colorado, loc-ated 1,636 feet east of the west line and1,531 feet north of the south line of saidSection 26. Water may be exchangedthrough the St. Vrain Pipeline as de-scribed above in paragraph 12.3.1. 12.6.Burlington Ditch. Pursuant to the decreedchanged point of diversion in Case No.02CW403, the Burlington Ditch headgateis on the east bank of the South PlatteRiver in the NE1/4 of the SW1/4 of Sec-tion 14, Township 3 South, Range 68West of the 6th P.M., City and County ofDenver, Colorado. Water may be ex-changed through the St. Vrain Pipeline asdescribed above in paragraph 12.3.1. 13.Name and Addresses of the Owner of theStructures and Diversion Facilities ListedAbove. 13.1. Haren Pipeline. United Wa-ter and Sanitation District, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, CO 80111. 13.2. Haren RechargeSite. Central Colorado Water Con-servancy District, 3209 West 28th Street,Greeley, CO 80634 and United Waterand Sanitation District, 8301 East Pren-tice Ave., Suite 100, Greenwood Village,CO 80111. 13.3. Fort Morgan CanalAugmentation Structures and RechargeSites. United Water and Sanitation Dis-trict, 8301 East Prentice Ave., Suite 100,Greenwood Village, CO 80111; Ar-apahoe County Water and WastewaterAuthority, 13031 East Caley Avenue,Centennial, CO 80111; Fort MorganReservoir and Irrigation Company, whoseaddress is 218 E. Kiowa Avenue, FortMorgan CO 80701. 13.4. Weldon ValleyAugmentation Structures. United Waterand Sanitation District, 8301 East Pren-tice Ave., Suite 100, Greenwood Village,CO 80111; Central Colorado Water Con-servancy District, 3209 West 28th Street,Greeley, CO 80634; and Weldon ValleyDitch Company, P.O. Box 66, Weldona,Colorado 80653. 13.5. Greeley CanalNo. 2. New Cache la Poudre IrrigatingCompany, c/o Mike Hungenberg, 33040Railroad Avenue, Lucerne, CO 80646.13.6. Gilcrest Reservoir. The JayThomas Diversion Dam and the land atthe point of diversion for Gilcrest Reser-voir are owned by Public Service Com-pany, d/b/a Xcel Energy, Inc, 1800 Lar-imer Street, Denver, CO 80202-1414. Thereservoir and reservoir site is owned byGilcrest Reservoir, LLC, 9171 TowneCentre Drive, Suite 465, San Diego, CA92122. 13.7. St. Vrain Pipeline. UnitedWater and Sanitation District, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, CO 80111; Elverna Burchfield Trust-ee & Sherry Rose, 221 West Platte Aven-ue, Fort Morgan, CO 80701; Public Ser-vice Company, d/b/a Xcel Energy, Inc,1800 Larimer Street, Denver, CO 80202-1414. 13.8. Brighton Lateral Pipeline.United Water and Sanitation District, 8301East Prentice Ave., Suite 100, Green-wood Village, CO 80111. 13.9. UnitedDiversion Facility No. 3. United Water andSanitation District, 8301 East PrenticeAve., Suite 100, Greenwood Village, CO80111. 13.10.Burlington Canal. TheFarmers Reservoir and Irrigation Com-pany, 80 South 27th Avenue, Brighton,CO 80601. WHEREFORE, ACWWA andUnited request that the Court enter a de-cree granting the plan for augmentationand conditional appropriative rights of ex-change and for such other relief it deemsproper. (11 pages, and 2 exhibits)

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

YOU ARE HEREBY NOTIFIED that anyparty who wishes to oppose an applica-tion, or an amended application, may filewith the Water Clerk, P. O. Box 2038,Greeley, CO 80632, a verified Statementof Opposition, setting forth facts as to whythe application should not be granted, orwhy it should be granted only in part or oncertain conditions. Such Statement of Op-position must be filed by the last day ofDECEMBER 2014 (forms available onwww.courts.state.co.us or in the Clerk’soffice), and must be filed as an Originaland include $158.00 filing fee. A copy ofeach Statement of Opposition must alsobe served upon the Appl icant orApplicant’s Attorney and an affidavit orcertificate of such service of mailing shallbe filed with the Water Clerk.

Legal Notice No.: 23094First Publication: November 13, 2014Last Publication: November 13, 2014Publisher: The Elbert County News

Public Notice

DISTRICT COURT,WATER DIVISION 1, COLORADO

OCTOBER 2014 WATERRESUME PUBLICATION

TO: ALL PERSONS INTERESTED INWATER APPLICATIONS IN

WATER DIV. 1

Pursuant to C.R.S. 37-92-302, you are no-tified that the following is a resume of allwater right applications and certainamendments filed in the Office of the Wa-ter Clerk during the month of OCTOBER2014 for each County affected.

14CW3131 East Cherry Creek ValleyWater and Sanitation District (“ECCV”);and United Water and Sanitation Dis-trict (“United”), (c/o Brian M. Naz-arenus, Esq., Sheela S. Stack, Esq.,and Susan M. Ryan, Esq., RYLEY CAR-LOCK & APPLEWHITE, 1700 LincolnStreet, Suite 3500, Denver, CO 80203,Telephone: 303-863-7500, Attorneys forECCV); and (c/o Tod J. Smith, Esq., LAWOFFICE OF TOD J. SMITH, LLC, 2919Valmont Road, Suite 205, Boulder, Color-ado 80301 Telephone: 303-444-4203,Attorney for United); APPLICATION FORPLAN FOR AUGMENTATION OR RE-CHARGE RIGHT AND APPROPRIATIVERIGHTS OF EXCHANGE, IN ADAMS,ARAPAHOE, DENVER, DOUGLAS, EL-BERT, LARIMER, MORGAN AND WELDCOUNTIES. CLAIM FOR PLAN FORAUGMENTATION OR RECHARGERIGHT 2. Nature of the Claim. ECCVseeks the approval of a plan for augment-ation to increase its available water sup-ply through recharge of its water rights atthe Haren Recharge Site. Water divertedat the points of diversion identified belowin paragraph 3.1 will be delivered to theHaren Recharge Site, where the water willthen be recharged into the underlying allu-vial aquifer. The recharged water will ac-crete to the South Platte River and will beused by ECCV as described in paragraph3.5 below. 3. Name of Structure. HarenRecharge Site. 3.1. Point of Diversion.3.1.1. Haren Pipeline. The HarenPipeline diverts water from the SouthPlatte River, in the SW1/4 of the SW1/4 ofSection 8, Township 4 North, Range 66West of the 6th P.M. in Weld County, Col-orado. A map showing the approximatelocation of the Haren Recharge Pond andthe proposed diversion point for the Har-en Pipeline is attached as Exhibit 1. EC-CV’s use of the Haren Pipeline is subjectto ECCV obtaining an agreement withUnited. 3.2. Recharge Location. 3.2.1.Haren Recharge Site. The Haren Re-charge Site is located in the SW1/4 ofSection 16, Township 4 North, Range 66West of the 6th P.M. in Weld County, Col-orado. The Haren Recharge Site was pre-viously decreed in Case No. 05CW331 forrecharge use by Central Colorado WaterConservancy District (“Central”), GroundWater Management Subdistrict of theCentral Colorado Water Conservancy Dis-trict (“GMS”), and Well Augmentation Sub-district of the Central Colorado WaterConservancy District (“WAS”). ECCV’suse of the Haren Recharge Site is subjectto ECCV obtaining an agreement with thenecessary owner(s). 3.3. Sources of Wa-ter for the Plan for Augmentation. 3.3.1.Haren Recharge Site. ECCV will use thewater rights described in Exhibit 2 for re-charge at the Haren Recharge Site. 3.3.2.Future Acquired Sources. The Applicantsintend to acquire and/or lease additionalwater supplies in the future for use as asource of supply for the plan for augment-ation described in this Application. TheApplicants wil l add future acquiredsources to the plan for augmentationclaimed in this Application pursuant tosection 37-92-305(8)(c) of the ColoradoRevised Statutes. 3.4. Recharge Accre-tions. Water recharged into the alluvialaquifer will naturally flow down-gradientfor accretion to the South Platte River.The quantity, timing, and location of accre-tions will be calculated and accounted forby ECCV. 3.5. Uses for the Recharge Ac-cretions. Water accreted back to theSouth Platte River will be used for the pur-poses decreed for each source of waterlisted in Exhibit 2, which may include, butis not limited to, augmentation, storageand refill, recharge, replacement, and ex-change. CLAIM FOR CONDITIONAL AP-PROPRIATIVE RIGHTS OF EXCHANGE4. Nature of the Claim. ECCV seeks ap-proval of the conditional appropriativerights of exchange to exchange itssources of substitute supply listed in Ex-hibit 2 from the points described in para-graph 11 to the Haren Pipeline for use inthe plan for augmentation claimed in thisApplication. ECCV will also use theclaimed conditional appropriative rights ofexchange to exchange its recharge accre-tions from the point of accretion for theHaren Recharge Site to the points identi-fied in paragraph 12.5. Rate of Flow. 50cfs. 6. Date of Appropriation. October31, 2014. 7. How Appropriation was Initi-ated. The appropriation date is basedupon the date the Application in this casewas filed. 8. Date Water First Applied toBeneficial Use. Not applicable. 9. Uses.ECCV seeks a decree granting the appro-priative right of exchange for the uses de-scribed in paragraph 3.5. 10. Sources ofSubstitute Supply. The sources of waterfor the appropriative right of exchangesought in this Application are the waterrights that the Applicants have acquired,have an agreement to acquire, or forwhich the Applicants have taken substan-tial steps toward acquiring as described inExhibit 2. 11. Exchange From Points.The exchange-from points are the loca-tions identified as the delivery locations tothe South Platte River described for eachlocation and/or structure listed below.11.1. Downstream End Point of SouthPlatte River Reach 5 (“SPR Reach 5”) -Confluence of Beaver Creek and theSouth Platte River. Located in the NW1/4of the SW1/4 of Section 4, Township 4North, Range 55 West, of the 6th P.M.,Morgan County, Colorado. ECCV doesnot seek to exchange water up BeaverCreek. For purposes of the appropriativerights of exchange sought in this Applica-tion, the confluence of Beaver Creek andthe South Platte River is also the down-stream end point of SPR Reach 5. SPRReach 5 was decreed at paragraph17.1.8 of the decree in Case Nos.02CW404 and 03CW442 (“404/442 De-cree”) as an administrative reach of theSouth Platte River for the augmentationplans approved by the decree in Case No.02CW403 (“403 Decree”) and the 404/442Decree, as amended by the decree inCase No. 10CW306 (“306 Decree”). SPRReach 5 is located below the Bijou Canalheadgate to the confluence of BeaverCreek and the South Platte River. The Bi-jou Canal headgate is located on thesouth bank of the South Platte River in theNE1/4 of the NE1/4 of Section 13, Town-ship 4 North, Range 63 West, of the 6thP.M., Morgan County, Colorado, at a pointapproximately 95 feet west of the eastsection line and 604 feet south of thenorth section line of said section. 11.2.Fort Morgan Canal. The Fort MorganCanal headgate is located on the southbank of the South Platte River in theNE1/4 of the SE1/4 of Section 31, Town-ship 5 North, Range 59 West of the 6thP.M., Morgan County, Colorado. The FortMorgan Canal headgate is not an ex-change-from point. 11.2.1. South PlatteRiver Delivery Location. Applicants haveidentified the following structures that de-liver water from the Fort Morgan Canal tothe South Platte River: (1) Glassey FarmRecharge Site, located in the NE1/4 of theSE1/4 of Section 2, Township 3 North,Range 57 West of the 6th P.M., MorganCounty, Colorado; (2) Kula Farm Re-charge Site, located in the NE1/4 of theNE1/4 of Section 4, Township 3 North,Range 57 West of the 6th P.M., MorganCounty, Colorado; (3) Hofmeister FarmRecharge Site, located in the SW1/4 ofthe NE1/4 of Section 21, Township 3North, Range 57 West, Morgan County,Colorado; (4) an augmentation structurelocated in the NE1/4 of the SE1/4 of Sec-tion 31, Township 5 North, Range 59 Westof the 6th P.M., Morgan County, Colorado,which delivers water to the South PlatteRiver in the NE1/4 of the SE1/4 of Sec-tion 31, Township 5 North, Range 59 Westof the 6th P.M., Morgan County, Colorado;and (5) an augmentation structure locatedin the NE1/4 of the SW1/4 of Section 13,Township 3 North, Range 57 West of the6th P.M., Morgan County, Colorado, whichdelivers water to the South Platte River onthe south bank of the river near theCounty Road 24 crossing. This site is inthe vicinity of the river intersection with theSection 25, Township 4 North, Range 57West and Section 30, Township 4 North,Range 56 West line and discharges to theSouth Platte River below the Lower Platteand Beaver Canal. 11.2.2. QuantificationPoint for Recharge Accretions. The re-charge accretions from the Glassey, Kula,and Hofmeister Farm Recharge Sites ac-crue to the South Platte River at the con-fluence of Beaver Creek and the SouthPlatte River as described above in para-graph 11.1. 11.3. Weldon Valley Ditch.The Weldon Valley Ditch headgate is loc-ated on the north bank of the South PlatteRiver in the NW1/4 of the SE1/4 of Sec-tion 13, Township 4 North, Range 61 Westof the 6th P.M., Weld County, Colorado.The Weldon Valley Ditch headgate is notan exchange-from point. 11.3.1. SouthPlatte River Delivery Locations. Applic-ants have identified the following struc-tures that deliver water from the WeldonValley Ditch to the South Platte River: (1)an augmentation structure located in theNE1/4 of the NW1/4 of Section 3, Town-ship 4 North, Range 60 West of the 6thP.M., Morgan County, Colorado, whichdelivers water to the South Platte River inthe W1/2 of the NE1/4 of Section 3, Town-ship 4 North, Range 60 West of the 6thP.M., Morgan County, Colorado; and (2)an augmentation structure located in theNW1/4 of the SE1/4 of Section 7, Town-ship 4 North, Range 58 West of the 6thP.M., Morgan County, Colorado, whichdelivers water to the South Platte River inthe NE1/4 of the NW1/4 of Section 18,Township 4 North, Range 58 West of the6th P.M., Morgan County, Colorado. 11.4.ECCV 70 Ranch Recharge Project Ex-change Quantification Point. The ECCV70 Ranch Recharge Project was decreedat paragraphs 34-38 of the 404/442 De-cree. The Quantification Point for re-charge accretions from the ECCV 70Ranch Recharge Project is the farthestdownstream point at which recharge ac-cretions from the ECCV 70 Ranch Re-charge Project accrue to the South PlatteRiver, which is located on the South PlatteRiver at the west section line of Section23, Township 4 North, Range 62 West ofthe 6th P.M., Weld County, Colorado, asthe section line intersects with the SouthPlatte River. 11.5. Downstream EndPoint of South Platte River Reach 4 (“SPRReach 4”) – Bijou Canal Headgate. SPRReach 4 was decreed at paragraph 17.1.7of the 404/442 Decree as an administrat-ive reach of the South Platte River for theaugmentation plans approved in the 403Decree and the 404/442 Decree, asamended by the 306 Decree. SPR Reach4 is located from the Empire Inlet Canalheadgate, which is located in the SW1/4of the SW1/4 of Section 19, Township 5North, Range 63 West of the 6th P.M.,Weld County, Colorado, to the Bijou Canalheadgate described in paragraph 11.1above. For purposes of the appropriativerights of exchange sought herein, the ex-change-from point for the SPR Reach 4 isa point at the downstream end of the SPRReach 4, located immediately upstream ofthe Bijou Canal headgate described inparagraph 11.1. 11.6. Confluence ofCrow Creek and the South Platte River.Located in the SE1/4 of the NE1/4 of Sec-tion 24, Township 5 North, Range 64 Westof the 6th P.M., Weld County, Colorado.11.6.1. Delivery of Substitute Supplies tothe Confluence. Prior to delivery to theconfluence of Crow Creek and the SouthPlatte River for exchange, ECCV intendsto divert certain sources of substitute sup-ply, as described in Exhibit 2, from theCache la Poudre River at the Greeley No.2 Canal headgate, located in the SE1/4 ofthe NE1/4 of Section 11, Township 6North, Range 68 West of the 6th P.M.,Larimer County, Colorado, and deliver thesubstitute supplies from said Canal toCrow Creek, located in the NW1/4 of theSW1/4 of Section 25, Township 6 North,Range 64 West of the 6th P.M., WeldCounty, Colorado, where the substitutesupplies will be conveyed to the conflu-ence with the South Platte River. ECCVshall measure its substitute supplies at thelocation where they are delivered fromGreeley Canal No. 2 into Crow Creek.11.7. Confluence of Lone Tree Creek andthe South Platte River. Located in theSE1/4 of the SE1/4 of Section 6, Town-ship 5 North, Range 64 West of the 6thP.M., Weld County, Colorado. 11.7.1. De-livery of Substitute Supplies to the Conflu-ence. Prior to delivery to the confluenceof Lone Tree Creek and the South PlatteRiver for exchange, ECCV intends to di-vert certain sources of substitute supply,as described in Exhibit 2, from the Cachela Poudre River at the Greeley No. 2Canal headgate, described in paragraph11.6.1, and deliver the substitute suppliesfrom said Canal to Lone Tree Creek, inthe NE1/4 of the NW1/4 of Section 15,Township 6 North, Range 65 West of the6th P.M., Weld County, Colorado, wheresubstitute supplies will be conveyed to theconfluence with the South Platte River.ECCV shall measure its substitute sup-plies at the location where they are de-livered from Greeley No. 2 Canal intoLone Tree Creek. 11.8. Confluence ofthe Cache la Poudre River and the SouthPlatte River. Located in the SW1/4 of theSW1/4 (Lot 4) of Section 6, Township 5North, Range 64 West of the 6th P.M.,Weld County, Colorado, the centroid be-ing 590 feet from the west section line and4760 feet from the north section line.11.8.1. Delivery of Substitute Supplies tothe Confluence. ECCV will deliver itssources of substitute supply to the conflu-ence of the Cache la Poudre River andthe South Platte River by: (1) conveyingcertain sources of substitute supply, asdescribed in Exhibit 2, down the Cache laPoudre River to its confluence with theSouth Platte River; and/or (2) deliveringcertain sources of substitute supply, asdescribed in Exhibit 2, to the confluence ofSand Creek and the Cache la PoudreRiver, which is located in the NW1/4 of theNW1/4 of Section 11, Township 5 North,Range 65 West of the 6th P.M., WeldCounty, Colorado, immediately above theCache la Poudre River’s confluence withthe South Platte River. 11.9. Down-stream End Point of South Platte RiverReach 3 (“SPR Reach 3”) – Empire InletCanal Headgate. SPR Reach 3 was de-creed at paragraph 17.1.6 of the 404/442Decree as an administrative reach of theSouth Platte River for the augmentationplans approved in the 403 Decree and the404/442 Decree, as amended by the 306Decree. SPR Reach 3 is located from theLower Latham Ditch headgate, located inthe NW1/4 of the NE1/4 of Section 31,Township 5 North, Range 65 West of the6th P.M., Weld County, Colorado, to theEmpire Inlet Canal headgate, describedabove in paragraph 11.5. For purposes ofthe appropriative rights of exchange de-creed herein, the exchange-from point forthe SPR Reach 3 is a point at the down-stream end of SPR Reach 3, located im-mediately upstream of the Empire InletCanal headgate, which is described abovein paragraph 11.5. 11.10. Accretion Pointfor the Haren Recharge Site. Located inthe SW1/4 of Section 8, Township 4North, Range 66 West of the 6th P.M.,Weld County, Colorado. 12. ExchangeTo Points. 12.1. Haren Pipeline, as de-scribed in paragraph 3.1.1. 12.2. GilcrestReservoir Points of Diversion. An offchannel reservoir located within parts ofSection 2, Township 3 North, Range 67West and Sections 23, 26, 34, and 35,Township 4 North, Range 67 West all ofthe 6th P.M., Weld County, Colorado. Apoint of diversion for Gilcrest Reservoir isplanned to be located adjacent to the JayThomas Ditch Diversion Dam on the eastbank of the South Platte River in theNW1/4 of the NW1/4 of Section 11, Town-ship 3 North, Range 67 West of the 6thP.M., Weld County, Colorado. Substitutesupplies will also be diverted into GilcrestReservoir through a proposed inlet/outletstructure, which is designed to also oper-ate as a northern intake to Gilcrest Reser-voir and will be located in the NE1/4 of theSW1/4 of Section 26, Township 4 North,Range 67 West of the 6th P.M., WeldCounty, Colorado. 12.3. St. Vrain PipelineDiversion (United Diversion Facility No. 5).The St. Vrain Pipeline Diversion will belocated at one of the following locationsand/or any point between these two loca-tions: (1) 500 feet west and 200 feet northof the SE corner of Section 20, Township3 North, Range 67 West of the 6th P.M.,Weld County, Colorado; and (2) theNW1/4 of the NW1/4 of Section 10, Town-ship 3 North, Range 67 West of the 6thP.M., Weld County, Colorado. 12.3.1.Points of Discharge for the St. VrainPipeline. The St. Vrain Pipeline will dis-charge water to the South Platte River atone of the following locations: (1) at apoint to be located upstream of the High-way 66 bridge as it crosses the SouthPlatte River, which delivers water to theSouth Platte River in the SW1/4 of theSW1/4 of Section 19, Township 3 North,Range 66 West of the 6th P.M., WeldCounty, Colorado; (2) at a point to be loc-ated upstream of the Highway 66 bridgeas it crosses the South Platte River, whichdelivers water to the South Platte River inthe SE1/4 of the SE1/4 of Section 24,Township 3 North, Range 67 West of the6th P.M., Weld County, Colorado, or theSE1/2 of Section 25, Township 3 North,Range 67 West of the 6th P.M., WeldCounty, Colorado; or (3) at a point to belocated near the SE1/4 of the SW1/4 ofSection 11, Township 3 North, Range 67West of the 6th P.M., Weld County, Color-ado. Water from the points of dischargefor the St. Vrain Pipeline will only be ex-changed upstream to the points de-scribed below in paragraphs 12.4, 12.5,and 12.6. 12.4. Brighton Lateral PipelineDiversion. The Brighton Lateral PipelineDiversion will be located in the NE1/4 ofthe NE/1/4 of Section 32, Township 1South, Range 66 West of the 6th P.M.,Weld County, Colorado. Water may beexchanged through the St. Vrain Pipelineas described above in paragraph 12.3.1.12.5. United Diversion Facility No. 3. TheUnited Diversion Facility No. 3 headgate islocated on the east bank of the SouthPlatte River in the SW1/4 of Section 26,Township 1 South, Range 67 West of the6th P.M., Adams County, Colorado, loc-ated 1,636 feet east of the west line and1,531 feet north of the south line of saidSection 26. Water may be exchangedthrough the St. Vrain Pipeline as de-scribed above in paragraph 12.3.1. 12.6.Burlington Ditch. Pursuant to the decreedchanged point of diversion in Case No.02CW403, the Burlington Ditch headgateis on the east bank of the South PlatteRiver in the NE1/4 of the SW1/4 of Sec-tion 14, Township 3 South, Range 68West of the 6th P.M., City and County ofDenver, Colorado. Water may be ex-changed through the St. Vrain Pipeline asdescribed above in paragraph 12.3.1. 13.Name and Addresses of the Owner of theStructures and Diversion Facilities ListedAbove. 13.1. Haren Pipeline. United Wa-ter and Sanitation District, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, CO 80111. 13.2. Haren RechargeSite. Central Colorado Water Con-servancy District, 3209 West 28th Street,Greeley, CO 80634 and United Waterand Sanitation District, 8301 East Pren-tice Ave., Suite 100, Greenwood Village,CO 80111. 13.3. Fort Morgan CanalAugmentation Structures and RechargeSites. United Water and Sanitation Dis-trict, 8301 East Prentice Ave., Suite 100,Greenwood Village, CO 80111; Ar-apahoe County Water and WastewaterAuthority, 13031 East Caley Avenue,Centennial, CO 80111; Fort MorganReservoir and Irrigation Company, whoseaddress is 218 E. Kiowa Avenue, FortMorgan CO 80701. 13.4. Weldon ValleyAugmentation Structures. United Waterand Sanitation District, 8301 East Pren-tice Ave., Suite 100, Greenwood Village,CO 80111; Central Colorado Water Con-servancy District, 3209 West 28th Street,Greeley, CO 80634; and Weldon ValleyDitch Company, P.O. Box 66, Weldona,Colorado 80653. 13.5. Greeley CanalNo. 2. New Cache la Poudre IrrigatingCompany, c/o Mike Hungenberg, 33040Railroad Avenue, Lucerne, CO 80646.13.6. Gilcrest Reservoir. The JayThomas Diversion Dam and the land atthe point of diversion for Gilcrest Reser-voir are owned by Public Service Com-pany, d/b/a Xcel Energy, Inc, 1800 Lar-imer Street, Denver, CO 80202-1414.The reservoir and reservoir site is ownedby Gilcrest Reservoir, LLC, 9171 TowneCentre Drive, Suite 465, San Diego, CA92122. 13.7. St. Vrain Pipeline. UnitedWater and Sanitation District, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, CO 80111; Elverna Burchfield Trust-ee & Sherry Rose, 221 West Platte Aven-ue, Fort Morgan, CO 80701; Public Ser-vice Company, d/b/a Xcel Energy, Inc,1800 Larimer Street, Denver, CO 80202-1414. 13.8. Brighton Lateral Pipeline.United Water and Sanitation District, 8301East Prentice Ave., Suite 100, Green-wood Village, CO 80111. 13.9. UnitedDiversion Facility No. 3. United Water andSanitation District, 8301 East PrenticeAve., Suite 100, Greenwood Village, CO80111. 13.10. Burlington Canal. TheFarmers Reservoir and Irrigation Com-pany, 80 South 27th Avenue, Brighton,CO 80601. WHEREFORE, ECCV andUnited request that the Court enter a de-cree granting the plan for augmentationand conditional appropriative rights of ex-change and for such other relief it deemsproper. (11 pages, and 2 exhibits)

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

YOU ARE HEREBY NOTIFIED that anyparty who wishes to oppose an applica-tion, or an amended application, may filewith the Water Clerk, P. O. Box 2038,Greeley, CO 80632, a verified Statementof Opposition, setting forth facts as to whythe application should not be granted, orwhy it should be granted only in part or oncertain conditions. Such Statement of Op-position must be filed by the last day ofDECEMBER 2014 (forms available onwww.courts.state.co.us or in the Clerk’soffice), and must be filed as an Originaland include $158.00 filing fee. A copy ofeach Statement of Opposition must alsobe served upon the Appl icant orApplicant’s Attorney and an affidavit orcertificate of such service of mailing shallbe filed with the Water Clerk.

Legal Notice No.: 23095First Publication: November 13, 2014Last Publication: November 13, 2014Publisher: The Elbert County News

Misc. Private Legals

Public Notice

DISTRICT COURT,WATER DIVISION 1, COLORADO

OCTOBER 2014 WATERRESUME PUBLICATION

TO: ALL PERSONS INTERESTED INWATER APPLICATIONS IN

WATER DIV. 1

Pursuant to C.R.S. 37-92-302, you are no-tified that the following is a resume of allwater right applications and certainamendments filed in the Office of the Wa-ter Clerk during the month of OCTOBER2014 for each County affected.

14CW3131 East Cherry Creek ValleyWater and Sanitation District (“ECCV”);and United Water and Sanitation Dis-trict (“United”), (c/o Brian M. Naz-arenus, Esq., Sheela S. Stack, Esq.,and Susan M. Ryan, Esq., RYLEY CAR-LOCK & APPLEWHITE, 1700 LincolnStreet, Suite 3500, Denver, CO 80203,Telephone: 303-863-7500, Attorneys forECCV); and (c/o Tod J. Smith, Esq., LAWOFFICE OF TOD J. SMITH, LLC, 2919Valmont Road, Suite 205, Boulder, Color-ado 80301 Telephone: 303-444-4203,Attorney for United); APPLICATION FORPLAN FOR AUGMENTATION OR RE-CHARGE RIGHT AND APPROPRIATIVERIGHTS OF EXCHANGE, IN ADAMS,ARAPAHOE, DENVER, DOUGLAS, EL-BERT, LARIMER, MORGAN AND WELDCOUNTIES. CLAIM FOR PLAN FORAUGMENTATION OR RECHARGERIGHT 2. Nature of the Claim. ECCVseeks the approval of a plan for augment-ation to increase its available water sup-ply through recharge of its water rights atthe Haren Recharge Site. Water divertedat the points of diversion identified belowin paragraph 3.1 will be delivered to theHaren Recharge Site, where the water willthen be recharged into the underlying allu-vial aquifer. The recharged water will ac-crete to the South Platte River and will beused by ECCV as described in paragraph3.5 below. 3. Name of Structure. HarenRecharge Site. 3.1. Point of Diversion.3.1.1. Haren Pipeline. The HarenPipeline diverts water from the SouthPlatte River, in the SW1/4 of the SW1/4 ofSection 8, Township 4 North, Range 66West of the 6th P.M. in Weld County, Col-orado. A map showing the approximatelocation of the Haren Recharge Pond andthe proposed diversion point for the Har-en Pipeline is attached as Exhibit 1. EC-CV’s use of the Haren Pipeline is subjectto ECCV obtaining an agreement withUnited. 3.2. Recharge Location. 3.2.1.Haren Recharge Site. The Haren Re-charge Site is located in the SW1/4 ofSection 16, Township 4 North, Range 66West of the 6th P.M. in Weld County, Col-orado. The Haren Recharge Site was pre-viously decreed in Case No. 05CW331 forrecharge use by Central Colorado WaterConservancy District (“Central”), GroundWater Management Subdistrict of theCentral Colorado Water Conservancy Dis-trict (“GMS”), and Well Augmentation Sub-district of the Central Colorado WaterConservancy District (“WAS”). ECCV’suse of the Haren Recharge Site is subjectto ECCV obtaining an agreement with thenecessary owner(s). 3.3. Sources of Wa-ter for the Plan for Augmentation. 3.3.1.Haren Recharge Site. ECCV will use thewater rights described in Exhibit 2 for re-charge at the Haren Recharge Site. 3.3.2.Future Acquired Sources. The Applicantsintend to acquire and/or lease additionalwater supplies in the future for use as asource of supply for the plan for augment-ation described in this Application. TheApplicants wil l add future acquiredsources to the plan for augmentationclaimed in this Application pursuant tosection 37-92-305(8)(c) of the ColoradoRevised Statutes. 3.4. Recharge Accre-tions. Water recharged into the alluvialaquifer will naturally flow down-gradientfor accretion to the South Platte River.The quantity, timing, and location of accre-tions will be calculated and accounted forby ECCV. 3.5. Uses for the Recharge Ac-cretions. Water accreted back to theSouth Platte River will be used for the pur-poses decreed for each source of waterlisted in Exhibit 2, which may include, butis not limited to, augmentation, storageand refill, recharge, replacement, and ex-change. CLAIM FOR CONDITIONAL AP-PROPRIATIVE RIGHTS OF EXCHANGE4. Nature of the Claim. ECCV seeks ap-proval of the conditional appropriativerights of exchange to exchange itssources of substitute supply listed in Ex-hibit 2 from the points described in para-graph 11 to the Haren Pipeline for use inthe plan for augmentation claimed in thisApplication. ECCV will also use theclaimed conditional appropriative rights ofexchange to exchange its recharge accre-tions from the point of accretion for theHaren Recharge Site to the points identi-fied in paragraph 12.5. Rate of Flow. 50cfs. 6. Date of Appropriation. October31, 2014. 7. How Appropriation was Initi-ated. The appropriation date is basedupon the date the Application in this casewas filed. 8. Date Water First Applied toBeneficial Use. Not applicable. 9. Uses.ECCV seeks a decree granting the appro-priative right of exchange for the uses de-scribed in paragraph 3.5. 10. Sources ofSubstitute Supply. The sources of waterfor the appropriative right of exchangesought in this Application are the waterrights that the Applicants have acquired,have an agreement to acquire, or forwhich the Applicants have taken substan-tial steps toward acquiring as described inExhibit 2. 11. Exchange From Points.The exchange-from points are the loca-tions identified as the delivery locations tothe South Platte River described for eachlocation and/or structure listed below.11.1. Downstream End Point of SouthPlatte River Reach 5 (“SPR Reach 5”) -Confluence of Beaver Creek and theSouth Platte River. Located in the NW1/4of the SW1/4 of Section 4, Township 4North, Range 55 West, of the 6th P.M.,Morgan County, Colorado. ECCV doesnot seek to exchange water up BeaverCreek. For purposes of the appropriativerights of exchange sought in this Applica-tion, the confluence of Beaver Creek andthe South Platte River is also the down-stream end point of SPR Reach 5. SPRReach 5 was decreed at paragraph17.1.8 of the decree in Case Nos.02CW404 and 03CW442 (“404/442 De-cree”) as an administrative reach of theSouth Platte River for the augmentationplans approved by the decree in Case No.02CW403 (“403 Decree”) and the 404/442Decree, as amended by the decree inCase No. 10CW306 (“306 Decree”). SPRReach 5 is located below the Bijou Canalheadgate to the confluence of BeaverCreek and the South Platte River. The Bi-jou Canal headgate is located on thesouth bank of the South Platte River in theNE1/4 of the NE1/4 of Section 13, Town-ship 4 North, Range 63 West, of the 6thP.M., Morgan County, Colorado, at a pointapproximately 95 feet west of the eastsection line and 604 feet south of thenorth section line of said section. 11.2.Fort Morgan Canal. The Fort MorganCanal headgate is located on the southbank of the South Platte River in theNE1/4 of the SE1/4 of Section 31, Town-ship 5 North, Range 59 West of the 6thP.M., Morgan County, Colorado. The FortMorgan Canal headgate is not an ex-change-from point. 11.2.1. South PlatteRiver Delivery Location. Applicants haveidentified the following structures that de-liver water from the Fort Morgan Canal tothe South Platte River: (1) Glassey FarmRecharge Site, located in the NE1/4 of theSE1/4 of Section 2, Township 3 North,Range 57 West of the 6th P.M., MorganCounty, Colorado; (2) Kula Farm Re-charge Site, located in the NE1/4 of theNE1/4 of Section 4, Township 3 North,Range 57 West of the 6th P.M., MorganCounty, Colorado; (3) Hofmeister FarmRecharge Site, located in the SW1/4 ofthe NE1/4 of Section 21, Township 3North, Range 57 West, Morgan County,Colorado; (4) an augmentation structurelocated in the NE1/4 of the SE1/4 of Sec-tion 31, Township 5 North, Range 59 Westof the 6th P.M., Morgan County, Colorado,which delivers water to the South PlatteRiver in the NE1/4 of the SE1/4 of Sec-tion 31, Township 5 North, Range 59 Westof the 6th P.M., Morgan County, Colorado;and (5) an augmentation structure locatedin the NE1/4 of the SW1/4 of Section 13,Township 3 North, Range 57 West of the6th P.M., Morgan County, Colorado, whichdelivers water to the South Platte River onthe south bank of the river near theCounty Road 24 crossing. This site is inthe vicinity of the river intersection with theSection 25, Township 4 North, Range 57West and Section 30, Township 4 North,Range 56 West line and discharges to theSouth Platte River below the Lower Platteand Beaver Canal. 11.2.2. QuantificationPoint for Recharge Accretions. The re-charge accretions from the Glassey, Kula,and Hofmeister Farm Recharge Sites ac-crue to the South Platte River at the con-fluence of Beaver Creek and the SouthPlatte River as described above in para-graph 11.1. 11.3. Weldon Valley Ditch.The Weldon Valley Ditch headgate is loc-ated on the north bank of the South PlatteRiver in the NW1/4 of the SE1/4 of Sec-tion 13, Township 4 North, Range 61 Westof the 6th P.M., Weld County, Colorado.The Weldon Valley Ditch headgate is notan exchange-from point. 11.3.1. SouthPlatte River Delivery Locations. Applic-ants have identified the following struc-tures that deliver water from the WeldonValley Ditch to the South Platte River: (1)an augmentation structure located in theNE1/4 of the NW1/4 of Section 3, Town-ship 4 North, Range 60 West of the 6thP.M., Morgan County, Colorado, whichdelivers water to the South Platte River inthe W1/2 of the NE1/4 of Section 3, Town-ship 4 North, Range 60 West of the 6thP.M., Morgan County, Colorado; and (2)an augmentation structure located in theNW1/4 of the SE1/4 of Section 7, Town-ship 4 North, Range 58 West of the 6thP.M., Morgan County, Colorado, whichdelivers water to the South Platte River inthe NE1/4 of the NW1/4 of Section 18,Township 4 North, Range 58 West of the6th P.M., Morgan County, Colorado. 11.4.ECCV 70 Ranch Recharge Project Ex-change Quantification Point. The ECCV70 Ranch Recharge Project was decreedat paragraphs 34-38 of the 404/442 De-cree. The Quantification Point for re-charge accretions from the ECCV 70Ranch Recharge Project is the farthestdownstream point at which recharge ac-cretions from the ECCV 70 Ranch Re-charge Project accrue to the South PlatteRiver, which is located on the South PlatteRiver at the west section line of Section23, Township 4 North, Range 62 West ofthe 6th P.M., Weld County, Colorado, asthe section line intersects with the SouthPlatte River. 11.5. Downstream EndPoint of South Platte River Reach 4 (“SPRReach 4”) – Bijou Canal Headgate. SPRReach 4 was decreed at paragraph 17.1.7of the 404/442 Decree as an administrat-ive reach of the South Platte River for theaugmentation plans approved in the 403Decree and the 404/442 Decree, asamended by the 306 Decree. SPR Reach4 is located from the Empire Inlet Canalheadgate, which is located in the SW1/4of the SW1/4 of Section 19, Township 5North, Range 63 West of the 6th P.M.,Weld County, Colorado, to the Bijou Canalheadgate described in paragraph 11.1above. For purposes of the appropriativerights of exchange sought herein, the ex-change-from point for the SPR Reach 4 isa point at the downstream end of the SPRReach 4, located immediately upstream ofthe Bijou Canal headgate described inparagraph 11.1. 11.6. Confluence ofCrow Creek and the South Platte River.Located in the SE1/4 of the NE1/4 of Sec-tion 24, Township 5 North, Range 64 Westof the 6th P.M., Weld County, Colorado.11.6.1. Delivery of Substitute Supplies tothe Confluence. Prior to delivery to theconfluence of Crow Creek and the SouthPlatte River for exchange, ECCV intendsto divert certain sources of substitute sup-ply, as described in Exhibit 2, from theCache la Poudre River at the Greeley No.2 Canal headgate, located in the SE1/4 ofthe NE1/4 of Section 11, Township 6North, Range 68 West of the 6th P.M.,Larimer County, Colorado, and deliver thesubstitute supplies from said Canal toCrow Creek, located in the NW1/4 of theSW1/4 of Section 25, Township 6 North,Range 64 West of the 6th P.M., WeldCounty, Colorado, where the substitutesupplies will be conveyed to the conflu-ence with the South Platte River. ECCVshall measure its substitute supplies at thelocation where they are delivered fromGreeley Canal No. 2 into Crow Creek.11.7. Confluence of Lone Tree Creek andthe South Platte River. Located in theSE1/4 of the SE1/4 of Section 6, Town-ship 5 North, Range 64 West of the 6thP.M., Weld County, Colorado. 11.7.1. De-livery of Substitute Supplies to the Conflu-ence. Prior to delivery to the confluenceof Lone Tree Creek and the South PlatteRiver for exchange, ECCV intends to di-vert certain sources of substitute supply,as described in Exhibit 2, from the Cachela Poudre River at the Greeley No. 2Canal headgate, described in paragraph11.6.1, and deliver the substitute suppliesfrom said Canal to Lone Tree Creek, inthe NE1/4 of the NW1/4 of Section 15,Township 6 North, Range 65 West of the6th P.M., Weld County, Colorado, wheresubstitute supplies will be conveyed to theconfluence with the South Platte River.ECCV shall measure its substitute sup-plies at the location where they are de-livered from Greeley No. 2 Canal intoLone Tree Creek. 11.8. Confluence ofthe Cache la Poudre River and the SouthPlatte River. Located in the SW1/4 of theSW1/4 (Lot 4) of Section 6, Township 5North, Range 64 West of the 6th P.M.,Weld County, Colorado, the centroid be-ing 590 feet from the west section line and4760 feet from the north section line.11.8.1. Delivery of Substitute Supplies tothe Confluence. ECCV will deliver itssources of substitute supply to the conflu-ence of the Cache la Poudre River andthe South Platte River by: (1) conveyingcertain sources of substitute supply, asdescribed in Exhibit 2, down the Cache laPoudre River to its confluence with theSouth Platte River; and/or (2) deliveringcertain sources of substitute supply, asdescribed in Exhibit 2, to the confluence ofSand Creek and the Cache la PoudreRiver, which is located in the NW1/4 of theNW1/4 of Section 11, Township 5 North,Range 65 West of the 6th P.M., WeldCounty, Colorado, immediately above theCache la Poudre River’s confluence withthe South Platte River. 11.9. Down-stream End Point of South Platte RiverReach 3 (“SPR Reach 3”) – Empire InletCanal Headgate. SPR Reach 3 was de-creed at paragraph 17.1.6 of the 404/442Decree as an administrative reach of theSouth Platte River for the augmentationplans approved in the 403 Decree and the404/442 Decree, as amended by the 306Decree. SPR Reach 3 is located from theLower Latham Ditch headgate, located inthe NW1/4 of the NE1/4 of Section 31,Township 5 North, Range 65 West of the6th P.M., Weld County, Colorado, to theEmpire Inlet Canal headgate, describedabove in paragraph 11.5. For purposes ofthe appropriative rights of exchange de-creed herein, the exchange-from point forthe SPR Reach 3 is a point at the down-stream end of SPR Reach 3, located im-mediately upstream of the Empire InletCanal headgate, which is described abovein paragraph 11.5. 11.10. Accretion Pointfor the Haren Recharge Site. Located inthe SW1/4 of Section 8, Township 4North, Range 66 West of the 6th P.M.,Weld County, Colorado. 12. ExchangeTo Points. 12.1. Haren Pipeline, as de-scribed in paragraph 3.1.1. 12.2. GilcrestReservoir Points of Diversion. An offchannel reservoir located within parts ofSection 2, Township 3 North, Range 67West and Sections 23, 26, 34, and 35,Township 4 North, Range 67 West all ofthe 6th P.M., Weld County, Colorado. Apoint of diversion for Gilcrest Reservoir isplanned to be located adjacent to the JayThomas Ditch Diversion Dam on the eastbank of the South Platte River in theNW1/4 of the NW1/4 of Section 11, Town-ship 3 North, Range 67 West of the 6thP.M., Weld County, Colorado. Substitutesupplies will also be diverted into GilcrestReservoir through a proposed inlet/outletstructure, which is designed to also oper-ate as a northern intake to Gilcrest Reser-voir and will be located in the NE1/4 of theSW1/4 of Section 26, Township 4 North,Range 67 West of the 6th P.M., WeldCounty, Colorado. 12.3. St. Vrain PipelineDiversion (United Diversion Facility No. 5).The St. Vrain Pipeline Diversion will belocated at one of the following locationsand/or any point between these two loca-tions: (1) 500 feet west and 200 feet northof the SE corner of Section 20, Township3 North, Range 67 West of the 6th P.M.,Weld County, Colorado ; and (2) theNW1/4 of the NW1/4 of Section 10, Town-ship 3 North, Range 67 West of the 6thP.M., Weld County, Colorado. 12.3.1.Points of Discharge for the St. VrainPipeline. The St. Vrain Pipeline will dis-charge water to the South Platte River atone of the following locations: (1) at apoint to be located upstream of the High-way 66 bridge as it crosses the SouthPlatte River, which delivers water to theSouth Platte River in the SW1/4 of theSW1/4 of Section 19, Township 3 North,Range 66 West of the 6th P.M., WeldCounty, Colorado; (2) at a point to be loc-ated upstream of the Highway 66 bridgeas it crosses the South Platte River, whichdelivers water to the South Platte River inthe SE1/4 of the SE1/4 of Section 24,Township 3 North, Range 67 West of the6th P.M., Weld County, Colorado, or theSE1/2 of Section 25, Township 3 North,Range 67 West of the 6th P.M., WeldCounty, Colorado; or (3) at a point to belocated near the SE1/4 of the SW1/4 ofSection 11, Township 3 North, Range 67West of the 6th P.M., Weld County, Color-ado. Water from the points of dischargefor the St. Vrain Pipeline will only be ex-changed upstream to the points de-scribed below in paragraphs 12.4, 12.5,and 12.6. 12.4. Brighton Lateral PipelineDiversion. The Brighton Lateral PipelineDiversion will be located in the NE1/4 ofthe NE/1/4 of Section 32, Township 1South, Range 66 West of the 6th P.M.,Weld County, Colorado. Water may beexchanged through the St. Vrain Pipelineas described above in paragraph 12.3.1.12.5. United Diversion Facility No. 3. TheUnited Diversion Facility No. 3 headgate islocated on the east bank of the SouthPlatte River in the SW1/4 of Section 26,Township 1 South, Range 67 West of the6th P.M., Adams County, Colorado, loc-ated 1,636 feet east of the west line and1,531 feet north of the south line of saidSection 26. Water may be exchangedthrough the St. Vrain Pipeline as de-scribed above in paragraph 12.3.1. 12.6.Burlington Ditch. Pursuant to the decreedchanged point of diversion in Case No.02CW403, the Burlington Ditch headgateis on the east bank of the South PlatteRiver in the NE1/4 of the SW1/4 of Sec-tion 14, Township 3 South, Range 68West of the 6th P.M., City and County ofDenver, Colorado. Water may be ex-changed through the St. Vrain Pipeline asdescribed above in paragraph 12.3.1. 13.Name and Addresses of the Owner of theStructures and Diversion Facilities ListedAbove. 13.1. Haren Pipeline. United Wa-ter and Sanitation District, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, CO 80111. 13.2. Haren RechargeSite. Central Colorado Water Con-servancy District, 3209 West 28th Street,Greeley, CO 80634 and United Waterand Sanitation District, 8301 East Pren-tice Ave., Suite 100, Greenwood Village,CO 80111. 13.3. Fort Morgan CanalAugmentation Structures and RechargeSites. United Water and Sanitation Dis-trict, 8301 East Prentice Ave., Suite 100,Greenwood Village, CO 80111; Ar-apahoe County Water and WastewaterAuthority, 13031 East Caley Avenue,Centennial, CO 80111; Fort MorganReservoir and Irrigation Company, whoseaddress is 218 E. Kiowa Avenue, FortMorgan CO 80701. 13.4. Weldon ValleyAugmentation Structures. United Waterand Sanitation District, 8301 East Pren-tice Ave., Suite 100, Greenwood Village,CO 80111; Central Colorado Water Con-servancy District, 3209 West 28th Street,Greeley, CO 80634; and Weldon ValleyDitch Company, P.O. Box 66, Weldona,Colorado 80653. 13.5. Greeley CanalNo. 2. New Cache la Poudre IrrigatingCompany, c/o Mike Hungenberg, 33040Railroad Avenue, Lucerne, CO 80646.13.6. Gilcrest Reservoir. The JayThomas Diversion Dam and the land atthe point of diversion for Gilcrest Reser-voir are owned by Public Service Com-pany, d/b/a Xcel Energy, Inc, 1800 Lar-imer Street, Denver, CO 80202-1414.The reservoir and reservoir site is ownedby Gilcrest Reservoir, LLC, 9171 TowneCentre Drive, Suite 465, San Diego, CA92122. 13.7. St. Vrain Pipeline. UnitedWater and Sanitation District, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, CO 80111; Elverna Burchfield Trust-ee & Sherry Rose, 221 West Platte Aven-ue, Fort Morgan, CO 80701; Public Ser-vice Company, d/b/a Xcel Energy, Inc,1800 Larimer Street, Denver, CO 80202-1414. 13.8. Brighton Lateral Pipeline.United Water and Sanitation District, 8301East Prentice Ave., Suite 100, Green-wood Village, CO 80111. 13.9. UnitedDiversion Facility No. 3. United Water andSanitation District, 8301 East PrenticeAve., Suite 100, Greenwood Village, CO80111. 13.10. Burlington Canal. TheFarmers Reservoir and Irrigation Com-pany, 80 South 27th Avenue, Brighton,CO 80601. WHEREFORE, ECCV andUnited request that the Court enter a de-cree granting the plan for augmentationand conditional appropriative rights of ex-change and for such other relief it deemsproper. (11 pages, and 2 exhibits)

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

YOU ARE HEREBY NOTIFIED that anyparty who wishes to oppose an applica-tion, or an amended application, may filewith the Water Clerk, P. O. Box 2038,Greeley, CO 80632, a verified Statementof Opposition, setting forth facts as to whythe application should not be granted, orwhy it should be granted only in part or oncertain conditions. Such Statement of Op-position must be filed by the last day ofDECEMBER 2014 (forms available onwww.courts.state.co.us or in the Clerk’soffice), and must be filed as an Originaland include $158.00 filing fee. A copy ofeach Statement of Opposition must alsobe served upon the Appl icant orApplicant’s Attorney and an affidavit orcertificate of such service of mailing shallbe filed with the Water Clerk.

Legal Notice No.: 23095First Publication: November 13, 2014Last Publication: November 13, 2014Publisher: The Elbert County News

Misc. Private Legals

Public Notice

DISTRICT COURT,WATER DIVISION 1, COLORADO

OCTOBER 2014 WATERRESUME PUBLICATION

TO: ALL PERSONS INTERESTED INWATER APPLICATIONS IN

WATER DIV. 1

Pursuant to C.R.S. 37-92-302, you are no-tified that the following is a resume of allwater right applications and certainamendments filed in the Office of the Wa-ter Clerk during the month of OCTOBER2014 for each County affected.

14CW3131 East Cherry Creek ValleyWater and Sanitation District (“ECCV”);and United Water and Sanitation Dis-trict (“United”), (c/o Brian M. Naz-arenus, Esq., Sheela S. Stack, Esq.,and Susan M. Ryan, Esq., RYLEY CAR-LOCK & APPLEWHITE, 1700 LincolnStreet, Suite 3500, Denver, CO 80203,Telephone: 303-863-7500, Attorneys forECCV); and (c/o Tod J. Smith, Esq., LAWOFFICE OF TOD J. SMITH, LLC, 2919Valmont Road, Suite 205, Boulder, Color-ado 80301 Telephone: 303-444-4203,Attorney for United); APPLICATION FORPLAN FOR AUGMENTATION OR RE-CHARGE RIGHT AND APPROPRIATIVERIGHTS OF EXCHANGE, IN ADAMS,ARAPAHOE, DENVER, DOUGLAS, EL-BERT, LARIMER, MORGAN AND WELDCOUNTIES. CLAIM FOR PLAN FORAUGMENTATION OR RECHARGERIGHT 2. Nature of the Claim. ECCVseeks the approval of a plan for augment-ation to increase its available water sup-ply through recharge of its water rights atthe Haren Recharge Site. Water divertedat the points of diversion identified belowin paragraph 3.1 will be delivered to theHaren Recharge Site, where the water willthen be recharged into the underlying allu-vial aquifer. The recharged water will ac-crete to the South Platte River and will beused by ECCV as described in paragraph3.5 below. 3. Name of Structure. HarenRecharge Site. 3.1. Point of Diversion.3.1.1. Haren Pipeline. The HarenPipeline diverts water from the SouthPlatte River, in the SW1/4 of the SW1/4 ofSection 8, Township 4 North, Range 66West of the 6th P.M. in Weld County, Col-orado. A map showing the approximatelocation of the Haren Recharge Pond andthe proposed diversion point for the Har-en Pipeline is attached as Exhibit 1. EC-CV’s use of the Haren Pipeline is subjectto ECCV obtaining an agreement withUnited. 3.2. Recharge Location. 3.2.1.Haren Recharge Site. The Haren Re-charge Site is located in the SW1/4 ofSection 16, Township 4 North, Range 66West of the 6th P.M. in Weld County, Col-orado. The Haren Recharge Site was pre-viously decreed in Case No. 05CW331 forrecharge use by Central Colorado WaterConservancy District (“Central”), GroundWater Management Subdistrict of theCentral Colorado Water Conservancy Dis-trict (“GMS”), and Well Augmentation Sub-district of the Central Colorado WaterConservancy District (“WAS”). ECCV’suse of the Haren Recharge Site is subjectto ECCV obtaining an agreement with thenecessary owner(s). 3.3. Sources of Wa-ter for the Plan for Augmentation. 3.3.1.Haren Recharge Site. ECCV will use thewater rights described in Exhibit 2 for re-charge at the Haren Recharge Site. 3.3.2.Future Acquired Sources. The Applicantsintend to acquire and/or lease additionalwater supplies in the future for use as asource of supply for the plan for augment-ation described in this Application. TheApplicants wil l add future acquiredsources to the plan for augmentationclaimed in this Application pursuant tosection 37-92-305(8)(c) of the ColoradoRevised Statutes. 3.4. Recharge Accre-tions. Water recharged into the alluvialaquifer will naturally flow down-gradientfor accretion to the South Platte River.The quantity, timing, and location of accre-tions will be calculated and accounted forby ECCV. 3.5. Uses for the Recharge Ac-cretions. Water accreted back to theSouth Platte River will be used for the pur-poses decreed for each source of waterlisted in Exhibit 2, which may include, butis not limited to, augmentation, storageand refill, recharge, replacement, and ex-change. CLAIM FOR CONDITIONAL AP-PROPRIATIVE RIGHTS OF EXCHANGE4. Nature of the Claim. ECCV seeks ap-proval of the conditional appropriativerights of exchange to exchange itssources of substitute supply listed in Ex-hibit 2 from the points described in para-graph 11 to the Haren Pipeline for use inthe plan for augmentation claimed in thisApplication. ECCV will also use theclaimed conditional appropriative rights ofexchange to exchange its recharge accre-tions from the point of accretion for theHaren Recharge Site to the points identi-fied in paragraph 12.5. Rate of Flow. 50cfs. 6. Date of Appropriation. October31, 2014. 7. How Appropriation was Initi-ated. The appropriation date is basedupon the date the Application in this casewas filed. 8. Date Water First Applied toBeneficial Use. Not applicable. 9. Uses.ECCV seeks a decree granting the appro-priative right of exchange for the uses de-scribed in paragraph 3.5. 10. Sources ofSubstitute Supply. The sources of waterfor the appropriative right of exchangesought in this Application are the waterrights that the Applicants have acquired,have an agreement to acquire, or forwhich the Applicants have taken substan-tial steps toward acquiring as described inExhibit 2. 11. Exchange From Points.The exchange-from points are the loca-tions identified as the delivery locations tothe South Platte River described for eachlocation and/or structure listed below.11.1. Downstream End Point of SouthPlatte River Reach 5 (“SPR Reach 5”) -Confluence of Beaver Creek and theSouth Platte River. Located in the NW1/4of the SW1/4 of Section 4, Township 4North, Range 55 West, of the 6th P.M.,Morgan County, Colorado. ECCV doesnot seek to exchange water up BeaverCreek. For purposes of the appropriativerights of exchange sought in this Applica-tion, the confluence of Beaver Creek andthe South Platte River is also the down-stream end point of SPR Reach 5. SPRReach 5 was decreed at paragraph17.1.8 of the decree in Case Nos.02CW404 and 03CW442 (“404/442 De-cree”) as an administrative reach of theSouth Platte River for the augmentationplans approved by the decree in Case No.02CW403 (“403 Decree”) and the 404/442Decree, as amended by the decree inCase No. 10CW306 (“306 Decree”). SPRReach 5 is located below the Bijou Canalheadgate to the confluence of BeaverCreek and the South Platte River. The Bi-jou Canal headgate is located on thesouth bank of the South Platte River in theNE1/4 of the NE1/4 of Section 13, Town-ship 4 North, Range 63 West, of the 6thP.M., Morgan County, Colorado, at a pointapproximately 95 feet west of the eastsection line and 604 feet south of thenorth section line of said section. 11.2.Fort Morgan Canal. The Fort MorganCanal headgate is located on the southbank of the South Platte River in theNE1/4 of the SE1/4 of Section 31, Town-ship 5 North, Range 59 West of the 6thP.M., Morgan County, Colorado. The FortMorgan Canal headgate is not an ex-change-from point. 11.2.1. South PlatteRiver Delivery Location. Applicants haveidentified the following structures that de-liver water from the Fort Morgan Canal tothe South Platte River: (1) Glassey FarmRecharge Site, located in the NE1/4 of theSE1/4 of Section 2, Township 3 North,Range 57 West of the 6th P.M., MorganCounty, Colorado; (2) Kula Farm Re-charge Site, located in the NE1/4 of theNE1/4 of Section 4, Township 3 North,Range 57 West of the 6th P.M., MorganCounty, Colorado; (3) Hofmeister FarmRecharge Site, located in the SW1/4 ofthe NE1/4 of Section 21, Township 3North, Range 57 West, Morgan County,Colorado; (4) an augmentation structurelocated in the NE1/4 of the SE1/4 of Sec-tion 31, Township 5 North, Range 59 Westof the 6th P.M., Morgan County, Colorado,which delivers water to the South PlatteRiver in the NE1/4 of the SE1/4 of Sec-tion 31, Township 5 North, Range 59 Westof the 6th P.M., Morgan County, Colorado;and (5) an augmentation structure locatedin the NE1/4 of the SW1/4 of Section 13,Township 3 North, Range 57 West of the6th P.M., Morgan County, Colorado, whichdelivers water to the South Platte River onthe south bank of the river near theCounty Road 24 crossing. This site is inthe vicinity of the river intersection with theSection 25, Township 4 North, Range 57West and Section 30, Township 4 North,Range 56 West line and discharges to theSouth Platte River below the Lower Platteand Beaver Canal. 11.2.2. QuantificationPoint for Recharge Accretions. The re-charge accretions from the Glassey, Kula,and Hofmeister Farm Recharge Sites ac-crue to the South Platte River at the con-fluence of Beaver Creek and the SouthPlatte River as described above in para-graph 11.1. 11.3. Weldon Valley Ditch.The Weldon Valley Ditch headgate is loc-ated on the north bank of the South PlatteRiver in the NW1/4 of the SE1/4 of Sec-tion 13, Township 4 North, Range 61 Westof the 6th P.M., Weld County, Colorado.The Weldon Valley Ditch headgate is notan exchange-from point. 11.3.1. SouthPlatte River Delivery Locations. Applic-ants have identified the following struc-tures that deliver water from the WeldonValley Ditch to the South Platte River: (1)an augmentation structure located in theNE1/4 of the NW1/4 of Section 3, Town-ship 4 North, Range 60 West of the 6thP.M., Morgan County, Colorado, whichdelivers water to the South Platte River inthe W1/2 of the NE1/4 of Section 3, Town-ship 4 North, Range 60 West of the 6thP.M., Morgan County, Colorado; and (2)an augmentation structure located in theNW1/4 of the SE1/4 of Section 7, Town-ship 4 North, Range 58 West of the 6thP.M., Morgan County, Colorado, whichdelivers water to the South Platte River inthe NE1/4 of the NW1/4 of Section 18,Township 4 North, Range 58 West of the6th P.M., Morgan County, Colorado. 11.4.ECCV 70 Ranch Recharge Project Ex-change Quantification Point. The ECCV70 Ranch Recharge Project was decreedat paragraphs 34-38 of the 404/442 De-cree. The Quantification Point for re-charge accretions from the ECCV 70Ranch Recharge Project is the farthestdownstream point at which recharge ac-cretions from the ECCV 70 Ranch Re-charge Project accrue to the South PlatteRiver, which is located on the South PlatteRiver at the west section line of Section23, Township 4 North, Range 62 West ofthe 6th P.M., Weld County, Colorado, asthe section line intersects with the SouthPlatte River. 11.5. Downstream EndPoint of South Platte River Reach 4 (“SPRReach 4”) – Bijou Canal Headgate. SPRReach 4 was decreed at paragraph 17.1.7of the 404/442 Decree as an administrat-ive reach of the South Platte River for theaugmentation plans approved in the 403Decree and the 404/442 Decree, asamended by the 306 Decree. SPR Reach4 is located from the Empire Inlet Canalheadgate, which is located in the SW1/4of the SW1/4 of Section 19, Township 5North, Range 63 West of the 6th P.M.,Weld County, Colorado, to the Bijou Canalheadgate described in paragraph 11.1above. For purposes of the appropriativerights of exchange sought herein, the ex-change-from point for the SPR Reach 4 isa point at the downstream end of the SPRReach 4, located immediately upstream ofthe Bijou Canal headgate described inparagraph 11.1. 11.6. Confluence ofCrow Creek and the South Platte River.Located in the SE1/4 of the NE1/4 of Sec-tion 24, Township 5 North, Range 64 Westof the 6th P.M., Weld County, Colorado.11.6.1. Delivery of Substitute Supplies tothe Confluence. Prior to delivery to theconfluence of Crow Creek and the SouthPlatte River for exchange, ECCV intendsto divert certain sources of substitute sup-ply, as described in Exhibit 2, from theCache la Poudre River at the Greeley No.2 Canal headgate, located in the SE1/4 ofthe NE1/4 of Section 11, Township 6North, Range 68 West of the 6th P.M.,Larimer County, Colorado, and deliver thesubstitute supplies from said Canal toCrow Creek, located in the NW1/4 of theSW1/4 of Section 25, Township 6 North,Range 64 West of the 6th P.M., WeldCounty, Colorado, where the substitutesupplies will be conveyed to the conflu-ence with the South Platte River. ECCVshall measure its substitute supplies at thelocation where they are delivered fromGreeley Canal No. 2 into Crow Creek.11.7. Confluence of Lone Tree Creek andthe South Platte River. Located in theSE1/4 of the SE1/4 of Section 6, Town-ship 5 North, Range 64 West of the 6thP.M., Weld County, Colorado. 11.7.1. De-livery of Substitute Supplies to the Conflu-ence. Prior to delivery to the confluenceof Lone Tree Creek and the South PlatteRiver for exchange, ECCV intends to di-vert certain sources of substitute supply,as described in Exhibit 2, from the Cachela Poudre River at the Greeley No. 2Canal headgate, described in paragraph11.6.1, and deliver the substitute suppliesfrom said Canal to Lone Tree Creek, inthe NE1/4 of the NW1/4 of Section 15,Township 6 North, Range 65 West of the6th P.M., Weld County, Colorado, wheresubstitute supplies will be conveyed to theconfluence with the South Platte River.ECCV shall measure its substitute sup-plies at the location where they are de-livered from Greeley No. 2 Canal intoLone Tree Creek. 11.8. Confluence ofthe Cache la Poudre River and the SouthPlatte River. Located in the SW1/4 of theSW1/4 (Lot 4) of Section 6, Township 5North, Range 64 West of the 6th P.M.,Weld County, Colorado, the centroid be-ing 590 feet from the west section line and4760 feet from the north section line.11.8.1. Delivery of Substitute Supplies tothe Confluence. ECCV will deliver itssources of substitute supply to the conflu-ence of the Cache la Poudre River andthe South Platte River by: (1) conveyingcertain sources of substitute supply, asdescribed in Exhibit 2, down the Cache laPoudre River to its confluence with theSouth Platte River; and/or (2) deliveringcertain sources of substitute supply, asdescribed in Exhibit 2, to the confluence ofSand Creek and the Cache la PoudreRiver, which is located in the NW1/4 of theNW1/4 of Section 11, Township 5 North,Range 65 West of the 6th P.M., WeldCounty, Colorado, immediately above theCache la Poudre River’s confluence withthe South Platte River. 11.9. Down-stream End Point of South Platte RiverReach 3 (“SPR Reach 3”) – Empire InletCanal Headgate. SPR Reach 3 was de-creed at paragraph 17.1.6 of the 404/442Decree as an administrative reach of theSouth Platte River for the augmentationplans approved in the 403 Decree and the404/442 Decree, as amended by the 306Decree. SPR Reach 3 is located from theLower Latham Ditch headgate, located inthe NW1/4 of the NE1/4 of Section 31,Township 5 North, Range 65 West of the6th P.M., Weld County, Colorado, to theEmpire Inlet Canal headgate, describedabove in paragraph 11.5. For purposes ofthe appropriative rights of exchange de-creed herein, the exchange-from point forthe SPR Reach 3 is a point at the down-stream end of SPR Reach 3, located im-mediately upstream of the Empire InletCanal headgate, which is described abovein paragraph 11.5. 11.10. Accretion Pointfor the Haren Recharge Site. Located inthe SW1/4 of Section 8, Township 4North, Range 66 West of the 6th P.M.,Weld County, Colorado. 12. ExchangeTo Points. 12.1. Haren Pipeline, as de-scribed in paragraph 3.1.1. 12.2. GilcrestReservoir Points of Diversion. An offchannel reservoir located within parts ofSection 2, Township 3 North, Range 67West and Sections 23, 26, 34, and 35,Township 4 North, Range 67 West all ofthe 6th P.M., Weld County, Colorado. Apoint of diversion for Gilcrest Reservoir isplanned to be located adjacent to the JayThomas Ditch Diversion Dam on the eastbank of the South Platte River in theNW1/4 of the NW1/4 of Section 11, Town-ship 3 North, Range 67 West of the 6thP.M., Weld County, Colorado. Substitutesupplies will also be diverted into GilcrestReservoir through a proposed inlet/outletstructure, which is designed to also oper-ate as a northern intake to Gilcrest Reser-voir and will be located in the NE1/4 of theSW1/4 of Section 26, Township 4 North,Range 67 West of the 6th P.M., WeldCounty, Colorado. 12.3. St. Vrain PipelineDiversion (United Diversion Facility No. 5).The St. Vrain Pipeline Diversion will belocated at one of the following locationsand/or any point between these two loca-tions: (1) 500 feet west and 200 feet northof the SE corner of Section 20, Township3 North, Range 67 West of the 6th P.M.,Weld County, Colorado; and (2) theNW1/4 of the NW1/4 of Section 10, Town-ship 3 North, Range 67 West of the 6thP.M., Weld County, Colorado. 12.3.1.Points of Discharge for the St. VrainPipeline. The St. Vrain Pipeline will dis-charge water to the South Platte River atone of the following locations: (1) at apoint to be located upstream of the High-way 66 bridge as it crosses the SouthPlatte River, which delivers water to theSouth Platte River in the SW1/4 of theSW1/4 of Section 19, Township 3 North,Range 66 West of the 6th P.M., WeldCounty, Colorado; (2) at a point to be loc-ated upstream of the Highway 66 bridgeas it crosses the South Platte River, whichdelivers water to the South Platte River inthe SE1/4 of the SE1/4 of Section 24,Township 3 North, Range 67 West of the6th P.M., Weld County, Colorado, or theSE1/2 of Section 25, Township 3 North,Range 67 West of the 6th P.M., WeldCounty, Colorado; or (3) at a point to belocated near the SE1/4 of the SW1/4 ofSection 11, Township 3 North, Range 67West of the 6th P.M., Weld County, Color-ado. Water from the points of dischargefor the St. Vrain Pipeline will only be ex-changed upstream to the points de-scribed below in paragraphs 12.4, 12.5,and 12.6. 12.4. Brighton Lateral PipelineDiversion. The Brighton Lateral PipelineDiversion will be located in the NE1/4 ofthe NE/1/4 of Section 32, Township 1South, Range 66 West of the 6th P.M.,Weld County, Colorado. Water may beexchanged through the St. Vrain Pipelineas described above in paragraph 12.3.1.12.5. United Diversion Facility No. 3. TheUnited Diversion Facility No. 3 headgate islocated on the east bank of the SouthPlatte River in the SW1/4 of Section 26,Township 1 South, Range 67 West of the6th P.M., Adams County, Colorado, loc-ated 1,636 feet east of the west line and1,531 feet north of the south line of saidSection 26. Water may be exchangedthrough the St. Vrain Pipeline as de-scribed above in paragraph 12.3.1. 12.6.Burlington Ditch. Pursuant to the decreedchanged point of diversion in Case No.02CW403, the Burlington Ditch headgateis on the east bank of the South PlatteRiver in the NE1/4 of the SW1/4 of Sec-tion 14, Township 3 South, Range 68West of the 6th P.M., City and County ofDenver, Colorado. Water may be ex-changed through the St. Vrain Pipeline asdescribed above in paragraph 12.3.1. 13.Name and Addresses of the Owner of theStructures and Diversion Facilities ListedAbove. 13.1. Haren Pipeline. United Wa-ter and Sanitation District, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, CO 80111. 13.2. Haren RechargeSite. Central Colorado Water Con-servancy District, 3209 West 28th Street,Greeley, CO 80634 and United Waterand Sanitation District, 8301 East Pren-tice Ave., Suite 100, Greenwood Village,CO 80111. 13.3. Fort Morgan CanalAugmentation Structures and RechargeSites. United Water and Sanitation Dis-trict, 8301 East Prentice Ave., Suite 100,Greenwood Village, CO 80111; Ar-apahoe County Water and WastewaterAuthority, 13031 East Caley Avenue,Centennial, CO 80111; Fort MorganReservoir and Irrigation Company, whoseaddress is 218 E. Kiowa Avenue, FortMorgan CO 80701. 13.4. Weldon ValleyAugmentation Structures. United Waterand Sanitation District, 8301 East Pren-tice Ave., Suite 100, Greenwood Village,CO 80111; Central Colorado Water Con-servancy District, 3209 West 28th Street,Greeley, CO 80634; and Weldon ValleyDitch Company, P.O. Box 66, Weldona,Colorado 80653. 13.5. Greeley CanalNo. 2. New Cache la Poudre IrrigatingCompany, c/o Mike Hungenberg, 33040Railroad Avenue, Lucerne, CO 80646.13.6. Gilcrest Reservoir. The JayThomas Diversion Dam and the land atthe point of diversion for Gilcrest Reser-voir are owned by Public Service Com-pany, d/b/a Xcel Energy, Inc, 1800 Lar-imer Street, Denver, CO 80202-1414.The reservoir and reservoir site is ownedby Gilcrest Reservoir, LLC, 9171 TowneCentre Drive, Suite 465, San Diego, CA92122. 13.7. St. Vrain Pipeline. UnitedWater and Sanitation District, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, CO 80111; Elverna Burchfield Trust-ee & Sherry Rose, 221 West Platte Aven-ue, Fort Morgan, CO 80701; Public Ser-vice Company, d/b/a Xcel Energy, Inc,1800 Larimer Street, Denver, CO 80202-1414. 13.8. Brighton Lateral Pipeline.United Water and Sanitation District, 8301East Prentice Ave., Suite 100, Green-wood Village, CO 80111. 13.9. UnitedDiversion Facility No. 3. United Water andSanitation District, 8301 East PrenticeAve., Suite 100, Greenwood Village, CO80111. 13.10. Burlington Canal. TheFarmers Reservoir and Irrigation Com-pany, 80 South 27th Avenue, Brighton,CO 80601. WHEREFORE, ECCV andUnited request that the Court enter a de-cree granting the plan for augmentationand conditional appropriative rights of ex-change and for such other relief it deemsproper. (11 pages, and 2 exhibits)

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

YOU ARE HEREBY NOTIFIED that anyparty who wishes to oppose an applica-tion, or an amended application, may filewith the Water Clerk, P. O. Box 2038,Greeley, CO 80632, a verified Statementof Opposition, setting forth facts as to whythe application should not be granted, orwhy it should be granted only in part or oncertain conditions. Such Statement of Op-position must be filed by the last day ofDECEMBER 2014 (forms available onwww.courts.state.co.us or in the Clerk’soffice), and must be filed as an Originaland include $158.00 filing fee. A copy ofeach Statement of Opposition must alsobe served upon the Appl icant orApplicant’s Attorney and an affidavit orcertificate of such service of mailing shallbe filed with the Water Clerk.

Legal Notice No.: 23095First Publication: November 13, 2014Last Publication: November 13, 2014Publisher: The Elbert County News

Page 24: Elbert County News 1113

24 Elbert County News November 13, 2014

24

Misc. Private Legals

Public Notice

DISTRICT COURT,WATER DIVISION 1, COLORADO

OCTOBER 2014 WATERRESUME PUBLICATION

TO: ALL PERSONS INTERESTED INWATER APPLICATIONS IN

WATER DIV. 1

Pursuant to C.R.S. 37-92-302, you are no-tified that the following is a resume of allwater right applications and certainamendments filed in the Office of the Wa-ter Clerk during the month of OCTOBER2014 for each County affected.

14CW3131 East Cherry Creek ValleyWater and Sanitation District (“ECCV”);and United Water and Sanitation Dis-trict (“United”), (c/o Brian M. Naz-arenus, Esq., Sheela S. Stack, Esq.,and Susan M. Ryan, Esq., RYLEY CAR-LOCK & APPLEWHITE, 1700 LincolnStreet, Suite 3500, Denver, CO 80203,Telephone: 303-863-7500, Attorneys forECCV); and (c/o Tod J. Smith, Esq., LAWOFFICE OF TOD J. SMITH, LLC, 2919Valmont Road, Suite 205, Boulder, Color-ado 80301 Telephone: 303-444-4203,Attorney for United); APPLICATION FORPLAN FOR AUGMENTATION OR RE-CHARGE RIGHT AND APPROPRIATIVERIGHTS OF EXCHANGE, IN ADAMS,ARAPAHOE, DENVER, DOUGLAS, EL-BERT, LARIMER, MORGAN AND WELDCOUNTIES. CLAIM FOR PLAN FORAUGMENTATION OR RECHARGERIGHT 2. Nature of the Claim. ECCVseeks the approval of a plan for augment-ation to increase its available water sup-ply through recharge of its water rights atthe Haren Recharge Site. Water divertedat the points of diversion identified belowin paragraph 3.1 will be delivered to theHaren Recharge Site, where the water willthen be recharged into the underlying allu-vial aquifer. The recharged water will ac-crete to the South Platte River and will beused by ECCV as described in paragraph3.5 below. 3. Name of Structure. HarenRecharge Site. 3.1. Point of Diversion.3.1.1. Haren Pipeline. The HarenPipeline diverts water from the SouthPlatte River, in the SW1/4 of the SW1/4 ofSection 8, Township 4 North, Range 66West of the 6th P.M. in Weld County, Col-orado. A map showing the approximatelocation of the Haren Recharge Pond andthe proposed diversion point for the Har-en Pipeline is attached as Exhibit 1. EC-CV’s use of the Haren Pipeline is subjectto ECCV obtaining an agreement withUnited. 3.2. Recharge Location. 3.2.1.Haren Recharge Site. The Haren Re-charge Site is located in the SW1/4 ofSection 16, Township 4 North, Range 66West of the 6th P.M. in Weld County, Col-orado. The Haren Recharge Site was pre-viously decreed in Case No. 05CW331 forrecharge use by Central Colorado WaterConservancy District (“Central”), GroundWater Management Subdistrict of theCentral Colorado Water Conservancy Dis-trict (“GMS”), and Well Augmentation Sub-district of the Central Colorado WaterConservancy District (“WAS”). ECCV’suse of the Haren Recharge Site is subjectto ECCV obtaining an agreement with thenecessary owner(s). 3.3. Sources of Wa-ter for the Plan for Augmentation. 3.3.1.Haren Recharge Site. ECCV will use thewater rights described in Exhibit 2 for re-charge at the Haren Recharge Site. 3.3.2.Future Acquired Sources. The Applicantsintend to acquire and/or lease additionalwater supplies in the future for use as asource of supply for the plan for augment-ation described in this Application. TheApplicants wil l add future acquiredsources to the plan for augmentationclaimed in this Application pursuant tosection 37-92-305(8)(c) of the ColoradoRevised Statutes. 3.4. Recharge Accre-tions. Water recharged into the alluvialaquifer will naturally flow down-gradientfor accretion to the South Platte River.The quantity, timing, and location of accre-tions will be calculated and accounted forby ECCV. 3.5. Uses for the Recharge Ac-cretions. Water accreted back to theSouth Platte River will be used for the pur-poses decreed for each source of waterlisted in Exhibit 2, which may include, butis not limited to, augmentation, storageand refill, recharge, replacement, and ex-change. CLAIM FOR CONDITIONAL AP-PROPRIATIVE RIGHTS OF EXCHANGE4. Nature of the Claim. ECCV seeks ap-proval of the conditional appropriativerights of exchange to exchange itssources of substitute supply listed in Ex-hibit 2 from the points described in para-graph 11 to the Haren Pipeline for use inthe plan for augmentation claimed in thisApplication. ECCV will also use theclaimed conditional appropriative rights ofexchange to exchange its recharge accre-tions from the point of accretion for theHaren Recharge Site to the points identi-fied in paragraph 12.5. Rate of Flow. 50cfs. 6. Date of Appropriation. October31, 2014. 7. How Appropriation was Initi-ated. The appropriation date is basedupon the date the Application in this casewas filed. 8. Date Water First Applied toBeneficial Use. Not applicable. 9. Uses.ECCV seeks a decree granting the appro-priative right of exchange for the uses de-scribed in paragraph 3.5. 10. Sources ofSubstitute Supply. The sources of waterfor the appropriative right of exchangesought in this Application are the waterrights that the Applicants have acquired,have an agreement to acquire, or forwhich the Applicants have taken substan-tial steps toward acquiring as described inExhibit 2. 11. Exchange From Points.The exchange-from points are the loca-tions identified as the delivery locations tothe South Platte River described for eachlocation and/or structure listed below.11.1. Downstream End Point of SouthPlatte River Reach 5 (“SPR Reach 5”) -Confluence of Beaver Creek and theSouth Platte River. Located in the NW1/4of the SW1/4 of Section 4, Township 4North, Range 55 West, of the 6th P.M.,Morgan County, Colorado. ECCV doesnot seek to exchange water up BeaverCreek. For purposes of the appropriativerights of exchange sought in this Applica-tion, the confluence of Beaver Creek andthe South Platte River is also the down-stream end point of SPR Reach 5. SPRReach 5 was decreed at paragraph17.1.8 of the decree in Case Nos.02CW404 and 03CW442 (“404/442 De-cree”) as an administrative reach of theSouth Platte River for the augmentationplans approved by the decree in Case No.02CW403 (“403 Decree”) and the 404/442Decree, as amended by the decree inCase No. 10CW306 (“306 Decree”). SPRReach 5 is located below the Bijou Canalheadgate to the confluence of BeaverCreek and the South Platte River. The Bi-jou Canal headgate is located on thesouth bank of the South Platte River in theNE1/4 of the NE1/4 of Section 13, Town-ship 4 North, Range 63 West, of the 6thP.M., Morgan County, Colorado, at a pointapproximately 95 feet west of the eastsection line and 604 feet south of thenorth section line of said section. 11.2.Fort Morgan Canal. The Fort MorganCanal headgate is located on the southbank of the South Platte River in theNE1/4 of the SE1/4 of Section 31, Town-ship 5 North, Range 59 West of the 6thP.M., Morgan County, Colorado. The FortMorgan Canal headgate is not an ex-change-from point. 11.2.1. South PlatteRiver Delivery Location. Applicants haveidentified the following structures that de-liver water from the Fort Morgan Canal tothe South Platte River: (1) Glassey FarmRecharge Site, located in the NE1/4 of theSE1/4 of Section 2, Township 3 North,Range 57 West of the 6th P.M., MorganCounty, Colorado; (2) Kula Farm Re-charge Site, located in the NE1/4 of theNE1/4 of Section 4, Township 3 North,Range 57 West of the 6th P.M., MorganCounty, Colorado; (3) Hofmeister FarmRecharge Site, located in the SW1/4 ofthe NE1/4 of Section 21, Township 3North, Range 57 West, Morgan County,Colorado; (4) an augmentation structurelocated in the NE1/4 of the SE1/4 of Sec-tion 31, Township 5 North, Range 59 Westof the 6th P.M., Morgan County, Colorado,which delivers water to the South PlatteRiver in the NE1/4 of the SE1/4 of Sec-tion 31, Township 5 North, Range 59 Westof the 6th P.M., Morgan County, Colorado;and (5) an augmentation structure locatedin the NE1/4 of the SW1/4 of Section 13,Township 3 North, Range 57 West of the6th P.M., Morgan County, Colorado, whichdelivers water to the South Platte River onthe south bank of the river near theCounty Road 24 crossing. This site is inthe vicinity of the river intersection with theSection 25, Township 4 North, Range 57West and Section 30, Township 4 North,Range 56 West line and discharges to theSouth Platte River below the Lower Platteand Beaver Canal. 11.2.2. QuantificationPoint for Recharge Accretions. The re-charge accretions from the Glassey, Kula,and Hofmeister Farm Recharge Sites ac-crue to the South Platte River at the con-fluence of Beaver Creek and the SouthPlatte River as described above in para-graph 11.1. 11.3. Weldon Valley Ditch.The Weldon Valley Ditch headgate is loc-ated on the north bank of the South PlatteRiver in the NW1/4 of the SE1/4 of Sec-tion 13, Township 4 North, Range 61 Westof the 6th P.M., Weld County, Colorado.The Weldon Valley Ditch headgate is notan exchange-from point. 11.3.1. SouthPlatte River Delivery Locations. Applic-ants have identified the following struc-tures that deliver water from the WeldonValley Ditch to the South Platte River: (1)an augmentation structure located in theNE1/4 of the NW1/4 of Section 3, Town-ship 4 North, Range 60 West of the 6thP.M., Morgan County, Colorado, whichdelivers water to the South Platte River inthe W1/2 of the NE1/4 of Section 3, Town-ship 4 North, Range 60 West of the 6thP.M., Morgan County, Colorado; and (2)an augmentation structure located in theNW1/4 of the SE1/4 of Section 7, Town-ship 4 North, Range 58 West of the 6thP.M., Morgan County, Colorado, whichdelivers water to the South Platte River inthe NE1/4 of the NW1/4 of Section 18,Township 4 North, Range 58 West of the6th P.M., Morgan County, Colorado. 11.4.ECCV 70 Ranch Recharge Project Ex-change Quantification Point. The ECCV70 Ranch Recharge Project was decreedat paragraphs 34-38 of the 404/442 De-cree. The Quantification Point for re-charge accretions from the ECCV 70Ranch Recharge Project is the farthestdownstream point at which recharge ac-cretions from the ECCV 70 Ranch Re-charge Project accrue to the South PlatteRiver, which is located on the South PlatteRiver at the west section line of Section23, Township 4 North, Range 62 West ofthe 6th P.M., Weld County, Colorado, asthe section line intersects with the SouthPlatte River. 11.5. Downstream EndPoint of South Platte River Reach 4 (“SPRReach 4”) – Bijou Canal Headgate. SPRReach 4 was decreed at paragraph 17.1.7of the 404/442 Decree as an administrat-ive reach of the South Platte River for theaugmentation plans approved in the 403Decree and the 404/442 Decree, asamended by the 306 Decree. SPR Reach4 is located from the Empire Inlet Canalheadgate, which is located in the SW1/4of the SW1/4 of Section 19, Township 5North, Range 63 West of the 6th P.M.,Weld County, Colorado, to the Bijou Canalheadgate described in paragraph 11.1above. For purposes of the appropriativerights of exchange sought herein, the ex-change-from point for the SPR Reach 4 isa point at the downstream end of the SPRReach 4, located immediately upstream ofthe Bijou Canal headgate described inparagraph 11.1. 11.6. Confluence ofCrow Creek and the South Platte River.Located in the SE1/4 of the NE1/4 of Sec-tion 24, Township 5 North, Range 64 Westof the 6th P.M., Weld County, Colorado.11.6.1. Delivery of Substitute Supplies tothe Confluence. Prior to delivery to theconfluence of Crow Creek and the SouthPlatte River for exchange, ECCV intendsto divert certain sources of substitute sup-ply, as described in Exhibit 2, from theCache la Poudre River at the Greeley No.2 Canal headgate, located in the SE1/4 ofthe NE1/4 of Section 11, Township 6North, Range 68 West of the 6th P.M.,Larimer County, Colorado, and deliver thesubstitute supplies from said Canal toCrow Creek, located in the NW1/4 of theSW1/4 of Section 25, Township 6 North,Range 64 West of the 6th P.M., WeldCounty, Colorado, where the substitutesupplies will be conveyed to the conflu-ence with the South Platte River. ECCVshall measure its substitute supplies at thelocation where they are delivered fromGreeley Canal No. 2 into Crow Creek.11.7. Confluence of Lone Tree Creek andthe South Platte River. Located in theSE1/4 of the SE1/4 of Section 6, Town-ship 5 North, Range 64 West of the 6thP.M., Weld County, Colorado. 11.7.1. De-livery of Substitute Supplies to the Conflu-ence. Prior to delivery to the confluenceof Lone Tree Creek and the South PlatteRiver for exchange, ECCV intends to di-vert certain sources of substitute supply,as described in Exhibit 2, from the Cachela Poudre River at the Greeley No. 2Canal headgate, described in paragraph11.6.1, and deliver the substitute suppliesfrom said Canal to Lone Tree Creek, inthe NE1/4 of the NW1/4 of Section 15,Township 6 North, Range 65 West of the6th P.M., Weld County, Colorado, wheresubstitute supplies will be conveyed to theconfluence with the South Platte River.ECCV shall measure its substitute sup-plies at the location where they are de-livered from Greeley No. 2 Canal intoLone Tree Creek. 11.8. Confluence ofthe Cache la Poudre River and the SouthPlatte River. Located in the SW1/4 of theSW1/4 (Lot 4) of Section 6, Township 5North, Range 64 West of the 6th P.M.,Weld County, Colorado, the centroid be-ing 590 feet from the west section line and4760 feet from the north section line.11.8.1. Delivery of Substitute Supplies tothe Confluence. ECCV will deliver itssources of substitute supply to the conflu-ence of the Cache la Poudre River andthe South Platte River by: (1) conveyingcertain sources of substitute supply, asdescribed in Exhibit 2, down the Cache laPoudre River to its confluence with theSouth Platte River; and/or (2) deliveringcertain sources of substitute supply, asdescribed in Exhibit 2, to the confluence ofSand Creek and the Cache la PoudreRiver, which is located in the NW1/4 of theNW1/4 of Section 11, Township 5 North,Range 65 West of the 6th P.M., WeldCounty, Colorado, immediately above theCache la Poudre River’s confluence withthe South Platte River. 11.9. Down-stream End Point of South Platte RiverReach 3 (“SPR Reach 3”) – Empire InletCanal Headgate. SPR Reach 3 was de-creed at paragraph 17.1.6 of the 404/442Decree as an administrative reach of theSouth Platte River for the augmentationplans approved in the 403 Decree and the404/442 Decree, as amended by the 306Decree. SPR Reach 3 is located from theLower Latham Ditch headgate, located inthe NW1/4 of the NE1/4 of Section 31,Township 5 North, Range 65 West of the6th P.M., Weld County, Colorado, to theEmpire Inlet Canal headgate, describedabove in paragraph 11.5. For purposes ofthe appropriative rights of exchange de-creed herein, the exchange-from point forthe SPR Reach 3 is a point at the down-stream end of SPR Reach 3, located im-mediately upstream of the Empire InletCanal headgate, which is described abovein paragraph 11.5. 11.10. Accretion Pointfor the Haren Recharge Site. Located inthe SW1/4 of Section 8, Township 4North, Range 66 West of the 6th P.M.,Weld County, Colorado. 12. ExchangeTo Points. 12.1. Haren Pipeline, as de-scribed in paragraph 3.1.1. 12.2. GilcrestReservoir Points of Diversion. An offchannel reservoir located within parts ofSection 2, Township 3 North, Range 67West and Sections 23, 26, 34, and 35,Township 4 North, Range 67 West all ofthe 6th P.M., Weld County, Colorado. Apoint of diversion for Gilcrest Reservoir isplanned to be located adjacent to the JayThomas Ditch Diversion Dam on the eastbank of the South Platte River in theNW1/4 of the NW1/4 of Section 11, Town-ship 3 North, Range 67 West of the 6thP.M., Weld County, Colorado. Substitutesupplies will also be diverted into GilcrestReservoir through a proposed inlet/outletstructure, which is designed to also oper-ate as a northern intake to Gilcrest Reser-voir and will be located in the NE1/4 of theSW1/4 of Section 26, Township 4 North,Range 67 West of the 6th P.M., WeldCounty, Colorado. 12.3. St. Vrain PipelineDiversion (United Diversion Facility No. 5).The St. Vrain Pipeline Diversion will belocated at one of the following locationsand/or any point between these two loca-tions: (1) 500 feet west and 200 feet northof the SE corner of Section 20, Township3 North, Range 67 West of the 6th P.M.,Weld County, Colorado; and (2) theNW1/4 of the NW1/4 of Section 10, Town-ship 3 North, Range 67 West of the 6thP.M., Weld County, Colorado. 12.3.1.Points of Discharge for the St. VrainPipeline. The St. Vrain Pipeline will dis-charge water to the South Platte River atone of the following locations: (1) at apoint to be located upstream of the High-way 66 bridge as it crosses the SouthPlatte River, which delivers water to theSouth Platte River in the SW1/4 of theSW1/4 of Section 19, Township 3 North,Range 66 West of the 6th P.M., WeldCounty, Colorado; (2) at a point to be loc-ated upstream of the Highway 66 bridgeas it crosses the South Platte River, whichdelivers water to the South Platte River inthe SE1/4 of the SE1/4 of Section 24,Township 3 North, Range 67 West of the6th P.M., Weld County, Colorado, or theSE1/2 of Section 25, Township 3 North,Range 67 West of the 6th P.M., WeldCounty, Colorado; or (3) at a point to belocated near the SE1/4 of the SW1/4 ofSection 11, Township 3 North, Range 67West of the 6th P.M., Weld County, Color-ado. Water from the points of dischargefor the St. Vrain Pipeline will only be ex-changed upstream to the points de-scribed below in paragraphs 12.4, 12.5,and 12.6. 12.4. Brighton Lateral PipelineDiversion. The Brighton Lateral PipelineDiversion will be located in the NE1/4 ofthe NE/1/4 of Section 32, Township 1South, Range 66 West of the 6th P.M.,Weld County, Colorado. Water may beexchanged through the St. Vrain Pipelineas described above in paragraph 12.3.1.12.5. United Diversion Facility No. 3. TheUnited Diversion Facility No. 3 headgate islocated on the east bank of the SouthPlatte River in the SW1/4 of Section 26,Township 1 South, Range 67 West of the6th P.M., Adams County, Colorado, loc-ated 1,636 feet east of the west line and1,531 feet north of the south line of saidSection 26. Water may be exchangedthrough the St. Vrain Pipeline as de-scribed above in paragraph 12.3.1. 12.6.Burlington Ditch. Pursuant to the decreedchanged point of diversion in Case No.02CW403, the Burlington Ditch headgateis on the east bank of the South PlatteRiver in the NE1/4 of the SW1/4 of Sec-tion 14, Township 3 South, Range 68West of the 6th P.M., City and County ofDenver, Colorado. Water may be ex-changed through the St. Vrain Pipeline asdescribed above in paragraph 12.3.1. 13.Name and Addresses of the Owner of theStructures and Diversion Facilities ListedAbove. 13.1. Haren Pipeline. United Wa-ter and Sanitation District, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, CO 80111. 13.2. Haren RechargeSite. Central Colorado Water Con-servancy District, 3209 West 28th Street,Greeley, CO 80634 and United Waterand Sanitation District, 8301 East Pren-tice Ave., Suite 100, Greenwood Village,CO 80111. 13.3. Fort Morgan CanalAugmentation Structures and RechargeSites. United Water and Sanitation Dis-trict, 8301 East Prentice Ave., Suite 100,Greenwood Village, CO 80111; Ar-apahoe County Water and WastewaterAuthority, 13031 East Caley Avenue,Centennial, CO 80111; Fort MorganReservoir and Irrigation Company, whoseaddress is 218 E. Kiowa Avenue, FortMorgan CO 80701. 13.4. Weldon ValleyAugmentation Structures. United Waterand Sanitation District, 8301 East Pren-tice Ave., Suite 100, Greenwood Village,CO 80111; Central Colorado Water Con-servancy District, 3209 West 28th Street,Greeley, CO 80634; and Weldon ValleyDitch Company, P.O. Box 66, Weldona,Colorado 80653. 13.5. Greeley CanalNo. 2. New Cache la Poudre IrrigatingCompany, c/o Mike Hungenberg, 33040Railroad Avenue, Lucerne, CO 80646.13.6. Gilcrest Reservoir. The JayThomas Diversion Dam and the land atthe point of diversion for Gilcrest Reser-voir are owned by Public Service Com-pany, d/b/a Xcel Energy, Inc, 1800 Lar-imer Street, Denver, CO 80202-1414.The reservoir and reservoir site is ownedby Gilcrest Reservoir, LLC, 9171 TowneCentre Drive, Suite 465, San Diego, CA92122. 13.7. St. Vrain Pipeline. UnitedWater and Sanitation District, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, CO 80111; Elverna Burchfield Trust-ee & Sherry Rose, 221 West Platte Aven-ue, Fort Morgan, CO 80701; Public Ser-vice Company, d/b/a Xcel Energy, Inc,1800 Larimer Street, Denver, CO 80202-1414. 13.8. Brighton Lateral Pipeline.United Water and Sanitation District, 8301East Prentice Ave., Suite 100, Green-wood Village, CO 80111. 13.9. UnitedDiversion Facility No. 3. United Water andSanitation District, 8301 East PrenticeAve., Suite 100, Greenwood Village, CO80111. 13.10. Burlington Canal. TheFarmers Reservoir and Irrigation Com-pany, 80 South 27th Avenue, Brighton,CO 80601. WHEREFORE, ECCV andUnited request that the Court enter a de-cree granting the plan for augmentationand conditional appropriative rights of ex-change and for such other relief it deemsproper. (11 pages, and 2 exhibits)

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

YOU ARE HEREBY NOTIFIED that anyparty who wishes to oppose an applica-tion, or an amended application, may filewith the Water Clerk, P. O. Box 2038,Greeley, CO 80632, a verified Statementof Opposition, setting forth facts as to whythe application should not be granted, orwhy it should be granted only in part or oncertain conditions. Such Statement of Op-position must be filed by the last day ofDECEMBER 2014 (forms available onwww.courts.state.co.us or in the Clerk’soffice), and must be filed as an Originaland include $158.00 filing fee. A copy ofeach Statement of Opposition must alsobe served upon the Appl icant orApplicant’s Attorney and an affidavit orcertificate of such service of mailing shallbe filed with the Water Clerk.

Legal Notice No.: 23095First Publication: November 13, 2014Last Publication: November 13, 2014Publisher: The Elbert County News

Misc. Private Legals

Public Notice

DISTRICT COURT,WATER DIVISION 1, COLORADO

OCTOBER 2014 WATERRESUME PUBLICATION

TO: ALL PERSONS INTERESTED INWATER APPLICATIONS IN

WATER DIV. 1

Pursuant to C.R.S. 37-92-302, you are no-tified that the following is a resume of allwater right applications and certainamendments filed in the Office of the Wa-ter Clerk during the month of OCTOBER2014 for each County affected.

14CW3131 East Cherry Creek ValleyWater and Sanitation District (“ECCV”);and United Water and Sanitation Dis-trict (“United”), (c/o Brian M. Naz-arenus, Esq., Sheela S. Stack, Esq.,and Susan M. Ryan, Esq., RYLEY CAR-LOCK & APPLEWHITE, 1700 LincolnStreet, Suite 3500, Denver, CO 80203,Telephone: 303-863-7500, Attorneys forECCV); and (c/o Tod J. Smith, Esq., LAWOFFICE OF TOD J. SMITH, LLC, 2919Valmont Road, Suite 205, Boulder, Color-ado 80301 Telephone: 303-444-4203,Attorney for United); APPLICATION FORPLAN FOR AUGMENTATION OR RE-CHARGE RIGHT AND APPROPRIATIVERIGHTS OF EXCHANGE, IN ADAMS,ARAPAHOE, DENVER, DOUGLAS, EL-BERT, LARIMER, MORGAN AND WELDCOUNTIES. CLAIM FOR PLAN FORAUGMENTATION OR RECHARGERIGHT 2. Nature of the Claim. ECCVseeks the approval of a plan for augment-ation to increase its available water sup-ply through recharge of its water rights atthe Haren Recharge Site. Water divertedat the points of diversion identified belowin paragraph 3.1 will be delivered to theHaren Recharge Site, where the water willthen be recharged into the underlying allu-vial aquifer. The recharged water will ac-crete to the South Platte River and will beused by ECCV as described in paragraph3.5 below. 3. Name of Structure. HarenRecharge Site. 3.1. Point of Diversion.3.1.1. Haren Pipeline. The HarenPipeline diverts water from the SouthPlatte River, in the SW1/4 of the SW1/4 ofSection 8, Township 4 North, Range 66West of the 6th P.M. in Weld County, Col-orado. A map showing the approximatelocation of the Haren Recharge Pond andthe proposed diversion point for the Har-en Pipeline is attached as Exhibit 1. EC-CV’s use of the Haren Pipeline is subjectto ECCV obtaining an agreement withUnited. 3.2. Recharge Location. 3.2.1.Haren Recharge Site. The Haren Re-charge Site is located in the SW1/4 ofSection 16, Township 4 North, Range 66West of the 6th P.M. in Weld County, Col-orado. The Haren Recharge Site was pre-viously decreed in Case No. 05CW331 forrecharge use by Central Colorado WaterConservancy District (“Central”), GroundWater Management Subdistrict of theCentral Colorado Water Conservancy Dis-trict (“GMS”), and Well Augmentation Sub-district of the Central Colorado WaterConservancy District (“WAS”). ECCV’suse of the Haren Recharge Site is subjectto ECCV obtaining an agreement with thenecessary owner(s). 3.3. Sources of Wa-ter for the Plan for Augmentation. 3.3.1.Haren Recharge Site. ECCV will use thewater rights described in Exhibit 2 for re-charge at the Haren Recharge Site. 3.3.2.Future Acquired Sources. The Applicantsintend to acquire and/or lease additionalwater supplies in the future for use as asource of supply for the plan for augment-ation described in this Application. TheApplicants wil l add future acquiredsources to the plan for augmentationclaimed in this Application pursuant tosection 37-92-305(8)(c) of the ColoradoRevised Statutes. 3.4. Recharge Accre-tions. Water recharged into the alluvialaquifer will naturally flow down-gradientfor accretion to the South Platte River.The quantity, timing, and location of accre-tions will be calculated and accounted forby ECCV. 3.5. Uses for the Recharge Ac-cretions. Water accreted back to theSouth Platte River will be used for the pur-poses decreed for each source of waterlisted in Exhibit 2, which may include, butis not limited to, augmentation, storageand refill, recharge, replacement, and ex-change. CLAIM FOR CONDITIONAL AP-PROPRIATIVE RIGHTS OF EXCHANGE4. Nature of the Claim. ECCV seeks ap-proval of the conditional appropriativerights of exchange to exchange itssources of substitute supply listed in Ex-hibit 2 from the points described in para-graph 11 to the Haren Pipeline for use inthe plan for augmentation claimed in thisApplication. ECCV will also use theclaimed conditional appropriative rights ofexchange to exchange its recharge accre-tions from the point of accretion for theHaren Recharge Site to the points identi-fied in paragraph 12.5. Rate of Flow. 50cfs. 6. Date of Appropriation. October31, 2014. 7. How Appropriation was Initi-ated. The appropriation date is basedupon the date the Application in this casewas filed. 8. Date Water First Applied toBeneficial Use. Not applicable. 9. Uses.ECCV seeks a decree granting the appro-priative right of exchange for the uses de-scribed in paragraph 3.5. 10. Sources ofSubstitute Supply. The sources of waterfor the appropriative right of exchangesought in this Application are the waterrights that the Applicants have acquired,have an agreement to acquire, or forwhich the Applicants have taken substan-tial steps toward acquiring as described inExhibit 2. 11. Exchange From Points.The exchange-from points are the loca-tions identified as the delivery locations tothe South Platte River described for eachlocation and/or structure listed below.11.1. Downstream End Point of SouthPlatte River Reach 5 (“SPR Reach 5”) -Confluence of Beaver Creek and theSouth Platte River. Located in the NW1/4of the SW1/4 of Section 4, Township 4North, Range 55 West, of the 6th P.M.,Morgan County, Colorado. ECCV doesnot seek to exchange water up BeaverCreek. For purposes of the appropriativerights of exchange sought in this Applica-tion, the confluence of Beaver Creek andthe South Platte River is also the down-stream end point of SPR Reach 5. SPRReach 5 was decreed at paragraph17.1.8 of the decree in Case Nos.02CW404 and 03CW442 (“404/442 De-cree”) as an administrative reach of theSouth Platte River for the augmentationplans approved by the decree in Case No.02CW403 (“403 Decree”) and the 404/442Decree, as amended by the decree inCase No. 10CW306 (“306 Decree”). SPRReach 5 is located below the Bijou Canalheadgate to the confluence of BeaverCreek and the South Platte River. The Bi-jou Canal headgate is located on thesouth bank of the South Platte River in theNE1/4 of the NE1/4 of Section 13, Town-ship 4 North, Range 63 West, of the 6thP.M., Morgan County, Colorado, at a pointapproximately 95 feet west of the eastsection line and 604 feet south of thenorth section line of said section. 11.2.Fort Morgan Canal. The Fort MorganCanal headgate is located on the southbank of the South Platte River in theNE1/4 of the SE1/4 of Section 31, Town-ship 5 North, Range 59 West of the 6thP.M., Morgan County, Colorado. The FortMorgan Canal headgate is not an ex-change-from point. 11.2.1. South PlatteRiver Delivery Location. Applicants haveidentified the following structures that de-liver water from the Fort Morgan Canal tothe South Platte River: (1) Glassey FarmRecharge Site, located in the NE1/4 of theSE1/4 of Section 2, Township 3 North,Range 57 West of the 6th P.M., MorganCounty, Colorado; (2) Kula Farm Re-charge Site, located in the NE1/4 of theNE1/4 of Section 4, Township 3 North,Range 57 West of the 6th P.M., MorganCounty, Colorado; (3) Hofmeister FarmRecharge Site, located in the SW1/4 ofthe NE1/4 of Section 21, Township 3North, Range 57 West, Morgan County,Colorado; (4) an augmentation structurelocated in the NE1/4 of the SE1/4 of Sec-tion 31, Township 5 North, Range 59 Westof the 6th P.M., Morgan County, Colorado,which delivers water to the South PlatteRiver in the NE1/4 of the SE1/4 of Sec-tion 31, Township 5 North, Range 59 Westof the 6th P.M., Morgan County, Colorado;and (5) an augmentation structure locatedin the NE1/4 of the SW1/4 of Section 13,Township 3 North, Range 57 West of the6th P.M., Morgan County, Colorado, whichdelivers water to the South Platte River onthe south bank of the river near theCounty Road 24 crossing. This site is inthe vicinity of the river intersection with theSection 25, Township 4 North, Range 57West and Section 30, Township 4 North,Range 56 West line and discharges to theSouth Platte River below the Lower Platteand Beaver Canal. 11.2.2. QuantificationPoint for Recharge Accretions. The re-charge accretions from the Glassey, Kula,and Hofmeister Farm Recharge Sites ac-crue to the South Platte River at the con-fluence of Beaver Creek and the SouthPlatte River as described above in para-graph 11.1. 11.3. Weldon Valley Ditch.The Weldon Valley Ditch headgate is loc-ated on the north bank of the South PlatteRiver in the NW1/4 of the SE1/4 of Sec-tion 13, Township 4 North, Range 61 Westof the 6th P.M., Weld County, Colorado.The Weldon Valley Ditch headgate is notan exchange-from point. 11.3.1. SouthPlatte River Delivery Locations. Applic-ants have identified the following struc-tures that deliver water from the WeldonValley Ditch to the South Platte River: (1)an augmentation structure located in theNE1/4 of the NW1/4 of Section 3, Town-ship 4 North, Range 60 West of the 6thP.M., Morgan County, Colorado, whichdelivers water to the South Platte River inthe W1/2 of the NE1/4 of Section 3, Town-ship 4 North, Range 60 West of the 6thP.M., Morgan County, Colorado; and (2)an augmentation structure located in theNW1/4 of the SE1/4 of Section 7, Town-ship 4 North, Range 58 West of the 6thP.M., Morgan County, Colorado, whichdelivers water to the South Platte River inthe NE1/4 of the NW1/4 of Section 18,Township 4 North, Range 58 West of the6th P.M., Morgan County, Colorado. 11.4.ECCV 70 Ranch Recharge Project Ex-change Quantification Point. The ECCV70 Ranch Recharge Project was decreedat paragraphs 34-38 of the 404/442 De-cree. The Quantification Point for re-charge accretions from the ECCV 70Ranch Recharge Project is the farthestdownstream point at which recharge ac-cretions from the ECCV 70 Ranch Re-charge Project accrue to the South PlatteRiver, which is located on the South PlatteRiver at the west section line of Section23, Township 4 North, Range 62 West ofthe 6th P.M., Weld County, Colorado, asthe section line intersects with the SouthPlatte River. 11.5. Downstream EndPoint of South Platte River Reach 4 (“SPRReach 4”) – Bijou Canal Headgate. SPRReach 4 was decreed at paragraph 17.1.7of the 404/442 Decree as an administrat-ive reach of the South Platte River for theaugmentation plans approved in the 403Decree and the 404/442 Decree, asamended by the 306 Decree. SPR Reach4 is located from the Empire Inlet Canalheadgate, which is located in the SW1/4of the SW1/4 of Section 19, Township 5North, Range 63 West of the 6th P.M.,Weld County, Colorado, to the Bijou Canalheadgate described in paragraph 11.1above. For purposes of the appropriativerights of exchange sought herein, the ex-change-from point for the SPR Reach 4 isa point at the downstream end of the SPRReach 4, located immediately upstream ofthe Bijou Canal headgate described inparagraph 11.1. 11.6. Confluence ofCrow Creek and the South Platte River.Located in the SE1/4 of the NE1/4 of Sec-tion 24, Township 5 North, Range 64 Westof the 6th P.M., Weld County, Colorado.11.6.1. Delivery of Substitute Supplies tothe Confluence. Prior to delivery to theconfluence of Crow Creek and the SouthPlatte River for exchange, ECCV intendsto divert certain sources of substitute sup-ply, as described in Exhibit 2, from theCache la Poudre River at the Greeley No.2 Canal headgate, located in the SE1/4 ofthe NE1/4 of Section 11, Township 6North, Range 68 West of the 6th P.M.,Larimer County, Colorado, and deliver thesubstitute supplies from said Canal toCrow Creek, located in the NW1/4 of theSW1/4 of Section 25, Township 6 North,Range 64 West of the 6th P.M., WeldCounty, Colorado, where the substitutesupplies will be conveyed to the conflu-ence with the South Platte River. ECCVshall measure its substitute supplies at thelocation where they are delivered fromGreeley Canal No. 2 into Crow Creek.11.7. Confluence of Lone Tree Creek andthe South Platte River. Located in theSE1/4 of the SE1/4 of Section 6, Town-ship 5 North, Range 64 West of the 6thP.M., Weld County, Colorado. 11.7.1. De-livery of Substitute Supplies to the Conflu-ence. Prior to delivery to the confluenceof Lone Tree Creek and the South PlatteRiver for exchange, ECCV intends to di-vert certain sources of substitute supply,as described in Exhibit 2, from the Cachela Poudre River at the Greeley No. 2Canal headgate, described in paragraph11.6.1, and deliver the substitute suppliesfrom said Canal to Lone Tree Creek, inthe NE1/4 of the NW1/4 of Section 15,Township 6 North, Range 65 West of the6th P.M., Weld County, Colorado, wheresubstitute supplies will be conveyed to theconfluence with the South Platte River.ECCV shall measure its substitute sup-plies at the location where they are de-livered from Greeley No. 2 Canal intoLone Tree Creek. 11.8. Confluence ofthe Cache la Poudre River and the SouthPlatte River. Located in the SW1/4 of theSW1/4 (Lot 4) of Section 6, Township 5North, Range 64 West of the 6th P.M.,Weld County, Colorado, the centroid be-ing 590 feet from the west section line and4760 feet from the north section line.11.8.1. Delivery of Substitute Supplies tothe Confluence. ECCV will deliver itssources of substitute supply to the conflu-ence of the Cache la Poudre River andthe South Platte River by: (1) conveyingcertain sources of substitute supply, asdescribed in Exhibit 2, down the Cache laPoudre River to its confluence with theSouth Platte River; and/or (2) deliveringcertain sources of substitute supply, asdescribed in Exhibit 2, to the confluence ofSand Creek and the Cache la PoudreRiver, which is located in the NW1/4 of theNW1/4 of Section 11, Township 5 North,Range 65 West of the 6th P.M., WeldCounty, Colorado, immediately above theCache la Poudre River’s confluence withthe South Platte River. 11.9. Down-stream End Point of South Platte RiverReach 3 (“SPR Reach 3”) – Empire InletCanal Headgate. SPR Reach 3 was de-creed at paragraph 17.1.6 of the 404/442Decree as an administrative reach of theSouth Platte River for the augmentationplans approved in the 403 Decree and the404/442 Decree, as amended by the 306Decree. SPR Reach 3 is located from theLower Latham Ditch headgate, located inthe NW1/4 of the NE1/4 of Section 31,Township 5 North, Range 65 West of the6th P.M., Weld County, Colorado, to theEmpire Inlet Canal headgate, describedabove in paragraph 11.5. For purposes ofthe appropriative rights of exchange de-creed herein, the exchange-from point forthe SPR Reach 3 is a point at the down-stream end of SPR Reach 3, located im-mediately upstream of the Empire InletCanal headgate, which is described abovein paragraph 11.5. 11.10. Accretion Pointfor the Haren Recharge Site. Located inthe SW1/4 of Section 8, Township 4North, Range 66 West of the 6th P.M.,Weld County, Colorado. 12. ExchangeTo Points. 12.1. Haren Pipeline, as de-scribed in paragraph 3.1.1. 12.2. GilcrestReservoir Points of Diversion. An offchannel reservoir located within parts ofSection 2, Township 3 North, Range 67West and Sections 23, 26, 34, and 35,Township 4 North, Range 67 West all ofthe 6th P.M., Weld County, Colorado. Apoint of diversion for Gilcrest Reservoir isplanned to be located adjacent to the JayThomas Ditch Diversion Dam on the eastbank of the South Platte River in theNW1/4 of the NW1/4 of Section 11, Town-ship 3 North, Range 67 West of the 6thP.M., Weld County, Colorado. Substitutesupplies will also be diverted into GilcrestReservoir through a proposed inlet/outletstructure, which is designed to also oper-ate as a northern intake to Gilcrest Reser-voir and will be located in the NE1/4 of theSW1/4 of Section 26, Township 4 North,Range 67 West of the 6th P.M., WeldCounty, Colorado. 12.3. St. Vrain PipelineDiversion (United Diversion Facility No. 5).The St. Vrain Pipeline Diversion will belocated at one of the following locationsand/or any point between these two loca-tions: (1) 500 feet west and 200 feet northof the SE corner of Section 20, Township3 North, Range 67 West of the 6th P.M.,Weld County, Colorado; and (2) theNW1/4 of the NW1/4 of Section 10, Town-ship 3 North, Range 67 West of the 6thP.M., Weld County, Colorado. 12.3.1.Points of Discharge for the St. VrainPipeline. The St. Vrain Pipeline will dis-charge water to the South Platte River atone of the following locations: (1) at apoint to be located upstream of the High-way 66 bridge as it crosses the SouthPlatte River, which delivers water to theSouth Platte River in the SW1/4 of theSW1/4 of Section 19, Township 3 North,Range 66 West of the 6th P.M., WeldCounty, Colorado; (2) at a point to be loc-ated upstream of the Highway 66 bridgeas it crosses the South Platte River, whichdelivers water to the South Platte River inthe SE1/4 of the SE1/4 of Section 24,Township 3 North, Range 67 West of the6th P.M., Weld County, Colorado, or theSE1/2 of Section 25, Township 3 North,Range 67 West of the 6th P.M., WeldCounty, Colorado; or (3) at a point to belocated near the SE1/4 of the SW1/4 ofSection 11, Township 3 North, Range 67West of the 6th P.M., Weld County, Color-ado. Water from the points of dischargefor the St. Vrain Pipeline will only be ex-changed upstream to the points de-scribed below in paragraphs 12.4, 12.5,and 12.6. 12.4. Brighton Lateral PipelineDiversion. The Brighton Lateral PipelineDiversion will be located in the NE1/4 ofthe NE/1/4 of Section 32, Township 1South, Range 66 West of the 6th P.M.,Weld County, Colorado. Water may beexchanged through the St. Vrain Pipelineas described above in paragraph 12.3.1.12.5. United Diversion Facility No. 3. TheUnited Diversion Facility No. 3 headgate islocated on the east bank of the SouthPlatte River in the SW1/4 of Section 26,Township 1 South, Range 67 West of the6th P.M., Adams County, Colorado, loc-ated 1,636 feet east of the west line and1,531 feet north of the south line of saidSection 26. Water may be exchangedthrough the St. Vrain Pipeline as de-scribed above in paragraph 12.3.1. 12.6.Burlington Ditch. Pursuant to the decreedchanged point of diversion in Case No.02CW403, the Burlington Ditch headgateis on the east bank of the South PlatteRiver in the NE1/4 of the SW1/4 of Sec-tion 14, Township 3 South, Range 68West of the 6th P.M., City and County ofDenver, Colorado. Water may be ex-changed through the St. Vrain Pipeline asdescribed above in paragraph 12.3.1. 13.Name and Addresses of the Owner of theStructures and Diversion Facilities ListedAbove. 13.1. Haren Pipeline. United Wa-ter and Sanitation District, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, CO 80111. 13.2. Haren RechargeSite. Central Colorado Water Con-servancy District, 3209 West 28th Street,Greeley, CO 80634 and United Waterand Sanitation District, 8301 East Pren-tice Ave., Suite 100, Greenwood Village,CO 80111. 13.3. Fort Morgan CanalAugmentation Structures and RechargeSites. United Water and Sanitation Dis-trict, 8301 East Prentice Ave., Suite 100,Greenwood Village, CO 80111; Ar-apahoe County Water and WastewaterAuthority, 13031 East Caley Avenue,Centennial, CO 80111; Fort MorganReservoir and Irrigation Company, whoseaddress is 218 E. Kiowa Avenue, FortMorgan CO 80701. 13.4. Weldon ValleyAugmentation Structures. United Waterand Sanitation District, 8301 East Pren-tice Ave., Suite 100, Greenwood Village,CO 80111; Central Colorado Water Con-servancy District, 3209 West 28th Street,Greeley, CO 80634; and Weldon ValleyDitch Company, P.O. Box 66, Weldona,Colorado 80653. 13.5. Greeley CanalNo. 2. New Cache la Poudre IrrigatingCompany, c/o Mike Hungenberg, 33040Railroad Avenue, Lucerne, CO 80646.13.6. Gilcrest Reservoir. The JayThomas Diversion Dam and the land atthe point of diversion for Gilcrest Reser-voir are owned by Public Service Com-pany, d/b/a Xcel Energy, Inc, 1800 Lar-imer Street, Denver, CO 80202-1414.The reservoir and reservoir site is ownedby Gilcrest Reservoir, LLC, 9171 TowneCentre Drive, Suite 465, San Diego, CA92122. 13.7. St. Vrain Pipeline. UnitedWater and Sanitation District, 8301 EastPrentice Ave., Suite 100, Greenwood Vil-lage, CO 80111; Elverna Burchfield Trust-ee & Sherry Rose, 221 West Platte Aven-ue, Fort Morgan, CO 80701; Public Ser-vice Company, d/b/a Xcel Energy, Inc,1800 Larimer Street, Denver, CO 80202-1414. 13.8. Brighton Lateral Pipeline.United Water and Sanitation District, 8301East Prentice Ave., Suite 100, Green-wood Village, CO 80111. 13.9. UnitedDiversion Facility No. 3. United Water andSanitation District, 8301 East PrenticeAve., Suite 100, Greenwood Village, CO80111. 13.10. Burlington Canal. TheFarmers Reservoir and Irrigation Com-pany, 80 South 27th Avenue, Brighton,CO 80601. WHEREFORE, ECCV andUnited request that the Court enter a de-cree granting the plan for augmentationand conditional appropriative rights of ex-change and for such other relief it deemsproper. (11 pages, and 2 exhibits)

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

YOU ARE HEREBY NOTIFIED that anyparty who wishes to oppose an applica-tion, or an amended application, may filewith the Water Clerk, P. O. Box 2038,Greeley, CO 80632, a verified Statementof Opposition, setting forth facts as to whythe application should not be granted, orwhy it should be granted only in part or oncertain conditions. Such Statement of Op-position must be filed by the last day ofDECEMBER 2014 (forms available onwww.courts.state.co.us or in the Clerk’soffice), and must be filed as an Originaland include $158.00 filing fee. A copy ofeach Statement of Opposition must alsobe served upon the Appl icant orApplicant’s Attorney and an affidavit orcertificate of such service of mailing shallbe filed with the Water Clerk.

Legal Notice No.: 23095First Publication: November 13, 2014Last Publication: November 13, 2014Publisher: The Elbert County News

Government Legals Public Notice

NOTICE OF PURCHASE OFREAL ESTATE AT TAX LIEN SALE

AND OF APPLICATION FOR ISSUANCEOF TREASURER’S DEED

TSC# 2011-01482

To Every Person in Actual Possession orOccupancy of the hereinafter DescribedLand, Lot or Premises, and to the Personin Whose Name the Same was Taxed orSpecially Assessed,and to all Persons having an Interest orTitle of Record in or to the said Premisesand To Whom It may Concern, and moreespecially to:

WILLIAM R & JUANITA G GORDONYou and each of you are hereby notifiedthat on the 8th day of November A.D.2011the then County Treasurer of the Countyof Elbert, in the State of Colorado, sold atpublic tax lien sale to SAM ROSEBOR-OUGH ESTATE the following describedreal estate situate in the County of Elbert,State of Colorado, to wit:

Section: 34 Township: 11 Range: 58N2-SE4 480 ACRES 1/16 INTEREST 30NET ACRES MINERAL RIGHTS Subdi-vision: SEVERED MINERALS

and said County Treasurer issued a certi-ficate of purchase therefore to WILLIAM R& JUANITA G GORDON. That said tax li-en sale was made to satisfy the delin-quent taxes assessed against said realestate for the year 2010;

That said real estate was taxed or spe-cially assessed in the name(s) ofSAM ROSEBOROUGH ESTATE for saidyear 2010.

That a Treasurer’s Deed will be issued forsaid real estate to the said WILLIAM R &JUANITA G GORDON at 3:00 o’clockP.M., on the 12th day of February,A.D.2015, unless the same has been re-deemed.

Said property may be redeemed fromsaid sale at any time prior to the actual ex-ecution of said Treasurer’s Deed. Wit-ness my hand this 15th day of October,2014 A. D..

Richard PettittCounty Treasurer of Elbert County

Legal Notice No.: 23070First Publication: October 30, 2014Last Publication: November 13, 2014Publisher: The Elbert County News

PUBLIC NOTICE

NOTICE OF PUBLIC HEARING

Notice is hereby given that on the 16thday of December, 2014 at 7:00 PM, oras soon as possible thereafter, a Plan-ning Commission Hearing will be con-ducted in the Board of County Com-missioner’s Hearing Room, 215Comanche St., Kiowa, CO., and onWednesday, January 14th a Board ofCounty Commissioner’s hearing will beheld at the same location. Public hear-ings will be heard upon the proposedAmendment to Temporary Use Permit;Part II, Section 24 of the Elbert CountyZoning Regulations.

Legal Notice No.: 23086First Publication: November 13, 2014Last Publication: November 13, 2014Publisher: The Elbert County News

Public Notice

NOTICE OF PURCHASE OFREAL ESTATE AT TAX LIEN SALE

AND OF APPLICATIONFOR ISSUANCE OF TREASURER’S

DEED TSC# 2011-01481

To Every Person in Actual Possession orOccupancy of the hereinafter DescribedLand, Lot or Premises, and to the Personin Whose Name the Same was Taxed orSpecially Assessed,and to all Persons having an Interest orTitle of Record in or to the said Premisesand To Whom It may Concern, and moreespecially to:

ALBERTA ROFF ESTATE You and eachof you are hereby notified that on the 8thday of November A.D.2011 the thenCounty Treasurer of the County of Elbert,in the State of Colorado, sold at public taxlien sale to WILLIAM R & JUANITA GGORDAN the following described real es-tate situate in the County of Elbert, Stateof Colorado, to wit:

Section: 34 Township: 11 Range: 58N2-SE4 480 ACRES 1/16 INTEREST 30NET ACRES MINERAL RIGHTS Subdi-vision: SEVERED MINERALS

and said County Treasurer issued a certi-ficate of purchase therefore to WILLIAM R& JUANITA G GORDON. That said tax li-en sale was made to satisfy the delin-quent taxes assessed against said realestate for the year 2010;

That said real estate was taxed or spe-cially assessed in the name(s) ofALBERTA ROFF ESTATE for said year2010.

That a Treasurer’s Deed will be issued forsaid real estate to the said WILLIAM R &JUANITA G GORDON at 3:00 o’clockP.M., on the 12th day of February,A.D.2015, unless the same has been re-deemed.

Said property may be redeemed from saidsale at any time prior to the actual execu-tion of said Treasurer’s Deed. Witness myhand this 15th day of October, 2014 A.D.

Richard PettittCounty Treasurer of Elbert County

Legal Notice No.: 23071First Publication: October 30, 2014Last Publication: November 13, 2014Publisher: The Elbert County News

Government Legals Public Notice

NOTICE OF PURCHASE OFREAL ESTATE AT TAX LIEN SALE

AND OF APPLICATIONFOR ISSUANCE OF TREASURER’S

DEED TSC# 2011-01481

To Every Person in Actual Possession orOccupancy of the hereinafter DescribedLand, Lot or Premises, and to the Personin Whose Name the Same was Taxed orSpecially Assessed,and to all Persons having an Interest orTitle of Record in or to the said Premisesand To Whom It may Concern, and moreespecially to:

ALBERTA ROFF ESTATE You and eachof you are hereby notified that on the 8thday of November A.D.2011 the thenCounty Treasurer of the County of Elbert,in the State of Colorado, sold at public taxlien sale to WILLIAM R & JUANITA GGORDAN the following described real es-tate situate in the County of Elbert, Stateof Colorado, to wit:

Section: 34 Township: 11 Range: 58N2-SE4 480 ACRES 1/16 INTEREST 30NET ACRES MINERAL RIGHTS Subdi-vision: SEVERED MINERALS

and said County Treasurer issued a certi-ficate of purchase therefore to WILLIAM R& JUANITA G GORDON. That said tax li-en sale was made to satisfy the delin-quent taxes assessed against said realestate for the year 2010;

That said real estate was taxed or spe-cially assessed in the name(s) ofALBERTA ROFF ESTATE for said year2010.

That a Treasurer’s Deed will be issued forsaid real estate to the said WILLIAM R &JUANITA G GORDON at 3:00 o’clockP.M., on the 12th day of February,A.D.2015, unless the same has been re-deemed.

Said property may be redeemed from saidsale at any time prior to the actual execu-tion of said Treasurer’s Deed. Witness myhand this 15th day of October, 2014 A.D.

Richard PettittCounty Treasurer of Elbert County

Legal Notice No.: 23071First Publication: October 30, 2014Last Publication: November 13, 2014Publisher: The Elbert County News

Public Notice

NOTICE OF PURCHASE OF REALESTATE AT TAX LIEN SALE ANDOF APPLICATION FOR ISSUANCE

OF TREASURER’S DEED

TSC# 1992-13616

To Every Person in Actual Possession orOccupancy of the hereinafter DescribedLand, Lot or Premises, and to the Personin Whose Name the Same was Taxed orSpecially Assessed, and to all Personshaving an Interest or Title of Record in orto the said Premises and To Whom It mayConcern, and more especially to:

GEORGE R LAMB You and each of youare hereby notified that on the 15th day ofNovember A.D. 1993 the then CountyTreasurer of the County of Elbert, in theState of Colorado, sold at public tax liensale to ELBERT COUNTY the followingdescribed real estate situate in the Countyof Elbert, State of Colorado, to wit:

B & L SUBDIVISIONLOT 2 (S2NE4SE4): 31 7 6419.974 A¼ INTEREST4.993 MRAMINERAL RIGHTS

and said County Treasurer issued a certi-ficate of purchase therefore to ELBERTCOUNTY. That said tax lien sale wasmade to satisfy the delinquent taxes as-sessed against said real estate for theyear 1992;

That said real estate was taxed or spe-cial ly assessed in the name(s) ofGEORGE R LAMB for said year 1992.

That a Treasurer’s Deed will be issuedfor said real estate to the said ELBERTCOUNTY at 3:00 o’clock P.M., on the2th day of March, A.D. 2015, unless thesame has been redeemed.

Said property may be redeemed from saidsale at any time prior to the actual execu-tion of said Treasurer’s Deed. Witness myhand this 4th day of November, 2014A.D..

Richard PettittCounty Treasurer of Elbert County

Legal Notice No.: 23088First Publication: November 13, 2014Last Publication: November 27, 2014Publisher: The Elbert County News

Government Legals

Public Notice

NOTICE OF PURCHASE OF REALESTATE AT TAX LIEN SALE ANDOF APPLICATION FOR ISSUANCE

OF TREASURER’S DEED

TSC# 1992-13616

To Every Person in Actual Possession orOccupancy of the hereinafter DescribedLand, Lot or Premises, and to the Personin Whose Name the Same was Taxed orSpecially Assessed, and to all Personshaving an Interest or Title of Record in orto the said Premises and To Whom It mayConcern, and more especially to:

GEORGE R LAMB You and each of youare hereby notified that on the 15th day ofNovember A.D. 1993 the then CountyTreasurer of the County of Elbert, in theState of Colorado, sold at public tax liensale to ELBERT COUNTY the followingdescribed real estate situate in the Countyof Elbert, State of Colorado, to wit:

B & L SUBDIVISIONLOT 2 (S2NE4SE4): 31 7 6419.974 A¼ INTEREST4.993 MRAMINERAL RIGHTS

and said County Treasurer issued a certi-ficate of purchase therefore to ELBERTCOUNTY. That said tax lien sale wasmade to satisfy the delinquent taxes as-sessed against said real estate for theyear 1992;

That said real estate was taxed or spe-cial ly assessed in the name(s) ofGEORGE R LAMB for said year 1992.

That a Treasurer’s Deed will be issuedfor said real estate to the said ELBERTCOUNTY at 3:00 o’clock P.M., on the2th day of March, A.D. 2015, unless thesame has been redeemed.

Said property may be redeemed from saidsale at any time prior to the actual execu-tion of said Treasurer’s Deed. Witness myhand this 4th day of November, 2014A.D..

Richard PettittCounty Treasurer of Elbert County

Legal Notice No.: 23088First Publication: November 13, 2014Last Publication: November 27, 2014Publisher: The Elbert County News

Public Notice

NOTICE OF PURCHASE OF REALESTATE AT TAX LIEN SALE ANDOF APPLICATION FOR ISSUANCE

OF TREASURER’S DEED

TSC# 2001-00007

To Every Person in Actual Possession orOccupancy of the hereinafter DescribedLand, Lot or Premises, and to the Personin Whose Name the Same was Taxed orSpecially Assessed, and to all Personshaving an Interest or Title of Record in orto the said Premises and To Whom It mayConcern, and more especially to:

F R A N C E S W A L T E R S S W A R T Z ;SWARTZ LIFE TRUST You and each ofyou are hereby notified that on the 18thday of November A.D. 2002 the thenCounty Treasurer of the County of Elbert,in the State of Colorado, sold at public taxlien sale to ELBERT COUNTY the follow-ing described real estate situate in theCounty of Elbert, State of Colorado, to wit:

SEVERED MINERALSAKA 0ALL 6 6 60 706 ACRES1/1536 INTEREST .46 NET ACRESALL 8 6 60 640 ACRES1/1536 INTEREST .42 NET ACRESALL 12 6 61 640 ACRES1/1536 INTEREST .42 NET ACRESE2-E2W2 18 6 60 480 ACRES1/1536 INTEREST .31 NET ACRESMINERAL RIGHTS

and said County Treasurer issued a certi-ficate of purchase therefore to ELBERTCOUNTY. That said tax lien sale wasmade to satisfy the delinquent taxes as-sessed against said real estate for theyear 2001;

That said real estate was taxed or spe-cial ly assessed in the name(s) ofF R A N C E S W A L T E R S S W A R T Z ;SWARTZ LIFE TRUST for said year 2001.

That a Treasurer’s Deed will be issuedfor said real estate to the said ELBERTCOUNTY at 3:00 o’clock P.M., on the2th day of March, A.D. 2015, unless thesame has been redeemed.

Said property may be redeemed from saidsale at any time prior to the actual execu-tion of said Treasurer’s Deed. Witness myhand this 4th day of November, 2014A.D..

Richard PettittCounty Treasurer of Elbert County

Legal Notice No.: 23089First Publication: November 13, 2014Last Publication: November 27, 2014Publisher: The Elbert County New

Public Notice

NOTICE OF PURCHASE OF REALESTATE AT TAX LIEN SALE ANDOF APPLICATION FOR ISSUANCE

OF TREASURER’S DEED

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To Every Person in Actual Possession orOccupancy of the hereinafter DescribedLand, Lot or Premises, and to the Personin Whose Name the Same was Taxed orSpecially Assessed, and to all Personshaving an Interest or Title of Record in orto the said Premises and To Whom It mayConcern, and more especially to:

DELBERT D WESTFALL AND SYLVIA SWESTFALL You and each of you arehereby notified that on the 18th day ofNovember A.D. 2002 the then CountyTreasurer of the County of Elbert, in theState of Colorado, sold at public tax liensale to ELBERT COUNTY the followingdescribed real estate situate in the Countyof Elbert, State of Colorado, to wit:

SEVERED MINERALSAKA 0 PIKE VIEW ESTATES TRACT 110.10 ACRESNE4NE4: 10 9 65UNDIVIDED ½ INTEREST5.05 NET ACRES

and said County Treasurer issued a certi-ficate of purchase therefore to ELBERTCOUNTY. That said tax lien sale wasmade to satisfy the delinquent taxes as-sessed against said real estate for theyear 2001;

That said real estate was taxed or spe-cially assessed in the name(s) of DEL-BERT D WESTFALL AND SYLVIA SWESTFALL for said year 1992.

That a Treasurer’s Deed will be issuedfor said real estate to the said ELBERTCOUNTY at 3:00 o’clock P.M., on the2th day of March, A.D.2015, unless thesame has been redeemed.

Said property may be redeemed from saidsale at any time prior to the actual execu-tion of said Treasurer’s Deed. Witness myhand this 4th day of November, 2014 A.D..

Richard PettittCounty Treasurer of Elbert County

Legal Notice No.: 23090First Publication: November 13, 2014Last Publication: November 27, 2014Publisher: The Elbert County News

Government Legals

Public Notice

NOTICE OF PURCHASE OF REALESTATE AT TAX LIEN SALE ANDOF APPLICATION FOR ISSUANCE

OF TREASURER’S DEED

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To Every Person in Actual Possession orOccupancy of the hereinafter DescribedLand, Lot or Premises, and to the Personin Whose Name the Same was Taxed orSpecially Assessed, and to all Personshaving an Interest or Title of Record in orto the said Premises and To Whom It mayConcern, and more especially to:

DELBERT D WESTFALL AND SYLVIA SWESTFALL You and each of you arehereby notified that on the 18th day ofNovember A.D. 2002 the then CountyTreasurer of the County of Elbert, in theState of Colorado, sold at public tax liensale to ELBERT COUNTY the followingdescribed real estate situate in the Countyof Elbert, State of Colorado, to wit:

SEVERED MINERALSAKA 0 PIKE VIEW ESTATES TRACT 110.10 ACRESNE4NE4: 10 9 65UNDIVIDED ½ INTEREST5.05 NET ACRES

and said County Treasurer issued a certi-ficate of purchase therefore to ELBERTCOUNTY. That said tax lien sale wasmade to satisfy the delinquent taxes as-sessed against said real estate for theyear 2001;

That said real estate was taxed or spe-cially assessed in the name(s) of DEL-BERT D WESTFALL AND SYLVIA SWESTFALL for said year 1992.

That a Treasurer’s Deed will be issuedfor said real estate to the said ELBERTCOUNTY at 3:00 o’clock P.M., on the2th day of March, A.D.2015, unless thesame has been redeemed.

Said property may be redeemed from saidsale at any time prior to the actual execu-tion of said Treasurer’s Deed. Witness myhand this 4th day of November, 2014 A.D..

Richard PettittCounty Treasurer of Elbert County

Legal Notice No.: 23090First Publication: November 13, 2014Last Publication: November 27, 2014Publisher: The Elbert County News

Public Notice

INVITATION TO BID

Elbert County Public Works Department,State of Colorado, is herby acceptingsealed bids for the purchase of four (4)new 2014 or 2015 Model 140M, 772GP,G946 or equivalent; five (5) year, 7,500hour guaranteed buy back with 7,500hour bumper to bumper warranty. Allitems listed on the specification sheetneed to be included on the bid.

Bids will be accepted until 10:00 a.m.,Monday, December 8, 2014. Three (3)copies of said bid shall be submitted. Bidswill not be considered which are receivedafter the time stated and any bids re-ceived will be returned unopened. Faxedbids will not be accepted. Bids will beopened at 10:30 a.m., or as soon as pos-sible thereafter, Monday, December 8,2014, in the Commissioner MeetingRoom, Elbert County Courthouse, 215Comanche Street, Kiowa, Colorado80117. The bid opening is open to thepublic. Please mail bids to: Elbert CountyPublic Works Department, Attn: LynneEschbach, P.O. Box 116, Kiowa, CO80117 or deliver to: Elbert County PublicWorks Department, 218 Cheyenne Street,Kiowa, Colorado 80117. Please mark out-s ide of envelope “FOUR MOTORGRADER BID FIVE (5) YEAR GUARAN-TEED BUY BACK”

Elbert County Government reserves theright, as its interest may require, to rejectany and all bids, to waive formalities andinformalities contained in-said bid and fur-thermore to award a contract for itemsherein, either in whole or in part, if it isdeemed to be in the best interest of ElbertCounty to do so. Additionally, ElbertCounty reserves the right to negotiate op-tional items and or services with the suc-cessful bidder.

Please contact Lynne Eschbach for acomplete set of specifications or anyquestions regarding this bid at 303-621-3157, Elbert County Public Works Depart-ment, from 7:00 a.m. to 3:30 p.m. Mondaythrough Thursday, excluding holidays.

ELBERT COUNTYPUBLIC WORKS DEPARTMENTEd Ehmann, County Administrator

Legal Notice No.: 23092First Publication: November 13, 2014Last Publication: November 13, 2014Publisher: The Elbert County News

Public Notice

DISTRICT COURT, WATERDIVISION 1, COLORADO

OCTOBER 2014 WATER RESUMEPUBLICATION

TO: ALL PERSONS INTERESTED INWATER APPLICATIONS IN

WATER DIV. 1

Pursuant to C.R.S. 37-92-302, you are no-tified that the following is a resume of allwater right applications and certainamendments filed in the Office of the Wa-ter Clerk during the month of OCTOBER2014 for each County affected.

14CW3121, Kurt and Angela Hughes,42600 Summit View Court, Parker, CO80138 (James J. Petrock, Petrock &Fendel, 700 17th Street, #1800, Denver,CO 80202), APPLICATION FOR UNDER-GROUND WATER RIGHTS FROM NOTNONTRIBUTARY SOURCE AND FORAPPROVAL OF PLAN FOR AUGMENTA-TION, IN THE NOT NONTRIBUTARY UP-PER DAWSON AQUIFER, ELBERTCOUNTY. Subject Property: 35 acres be-ing Tract 7, Pearson Ranch, generally loc-ated in the N1/2 of Section 34, T6S,R65W of the 6th P.M., Elbert County, asdescribed and shown on Attachment Ahereto ("Subject Property"). UpperDawson aquifer is not nontributary as de-scribed in Section 37-90-103(10.7), C.R.S.Estimated Amount: 7.5 acre-feet per year.Proposed Use: domestic, including in-house use, commercial, irrigation, live-stock watering, fire protection, and stor-age and augmentation purposes. Descrip-tion of plan for augmentation: Groundwa-ter to be augmented: 7.5 acre-feet peryear of not nontributary Upper Dawsonaquifer groundwater to be decreed herein.Water rights to be used for augmentation:Return flows from the use of not nontribu-tary Upper Dawson aquifer water and re-turn flows and direct discharge of nontrib-utary groundwater underlying the SubjectProperty as decreed in Case No.88CW142. Statement of plan for augment-ation: The water will be used through anexisting well or new wells for in house usein one residence and office (0.6 acre-feetper year), use in shops (0.3 acre-feet), ir-rigation of lawn and grass and garden andtrees anywhere on the Subject Property (6acre-feet per year), stock watering of 8large domestic animals (0.1 acre-feet peryear), and storage and use in a water fea-ture (0.5 acre-feet). Applicants reserve theright to revise these values withoutamending or republishing this application.Sewage treatment for in house use in oneresidence and office will be provided bynon-evaporative septic systems and re-turn flow from that use and irrigation usewill be approximately 90% and 15%, re-spectively. Water used for stock wateringand storage and use in a water feature isconsidered to be 100% consumed. Dur-ing pumping Applicants will replace actualdepletions to the affected stream systempursuant to Section 37-90-137(9)(c),C.R.S. Applicants estimate that deple-tions occur to the Coal Creek stream sys-tem. Return flows from use of the subjectwater rights from in house use throughnonevaporative septic systems and fromirrigation use, will accrue to the SouthPlatte River system via Coal Creek andthose return flows are sufficient to replaceactual depletions while the subjectgroundwater is being pumped. Applic-ants will reserve an equal amount of non-tributary groundwater underlying the Sub-ject Property to meet augmentation re-quirements. Further, Applicants pray thatthis Court grant the application and forsuch other relief as seems proper in thepremises. (5 pages).

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

YOU ARE HEREBY NOTIFIED that anyparty who wishes to oppose an applica-tion, or an amended application, may filewith the Water Clerk, P. O. Box 2038,Greeley, CO 80632, a verified Statementof Opposition, setting forth facts as to whythe application should not be granted, orwhy it should be granted only in part or oncertain conditions. Such Statement of Op-position must be filed by the last day ofDECEMBER 2014 (forms available onwww.courts.state.co.us or in the Clerk’soffice), and must be filed as an Originaland include $158.00 filing fee. A copy ofeach Statement of Opposition must alsobe served upon the Appl icant orApplicant’s Attorney and an affidavit orcertificate of such service of mailing shallbe filed with the Water Clerk.

Legal Notice No.: 23093First Publication: November 13, 2014Last Publication: November 13, 2014Publisher: The Elbert County News

Government Legals

Public Notice

DISTRICT COURT, WATERDIVISION 1, COLORADO

OCTOBER 2014 WATER RESUMEPUBLICATION

TO: ALL PERSONS INTERESTED INWATER APPLICATIONS IN

WATER DIV. 1

Pursuant to C.R.S. 37-92-302, you are no-tified that the following is a resume of allwater right applications and certainamendments filed in the Office of the Wa-ter Clerk during the month of OCTOBER2014 for each County affected.

14CW3121, Kurt and Angela Hughes,42600 Summit View Court, Parker, CO80138 (James J. Petrock, Petrock &Fendel, 700 17th Street, #1800, Denver,CO 80202), APPLICATION FOR UNDER-GROUND WATER RIGHTS FROM NOTNONTRIBUTARY SOURCE AND FORAPPROVAL OF PLAN FOR AUGMENTA-TION, IN THE NOT NONTRIBUTARY UP-PER DAWSON AQUIFER, ELBERTCOUNTY. Subject Property: 35 acres be-ing Tract 7, Pearson Ranch, generally loc-ated in the N1/2 of Section 34, T6S,R65W of the 6th P.M., Elbert County, asdescribed and shown on Attachment Ahereto ("Subject Property"). UpperDawson aquifer is not nontributary as de-scribed in Section 37-90-103(10.7), C.R.S.Estimated Amount: 7.5 acre-feet per year.Proposed Use: domestic, including in-house use, commercial, irrigation, live-stock watering, fire protection, and stor-age and augmentation purposes. Descrip-tion of plan for augmentation: Groundwa-ter to be augmented: 7.5 acre-feet peryear of not nontributary Upper Dawsonaquifer groundwater to be decreed herein.Water rights to be used for augmentation:Return flows from the use of not nontribu-tary Upper Dawson aquifer water and re-turn flows and direct discharge of nontrib-utary groundwater underlying the SubjectProperty as decreed in Case No.88CW142. Statement of plan for augment-ation: The water will be used through anexisting well or new wells for in house usein one residence and office (0.6 acre-feetper year), use in shops (0.3 acre-feet), ir-rigation of lawn and grass and garden andtrees anywhere on the Subject Property (6acre-feet per year), stock watering of 8large domestic animals (0.1 acre-feet peryear), and storage and use in a water fea-ture (0.5 acre-feet). Applicants reserve theright to revise these values withoutamending or republishing this application.Sewage treatment for in house use in oneresidence and office will be provided bynon-evaporative septic systems and re-turn flow from that use and irrigation usewill be approximately 90% and 15%, re-spectively. Water used for stock wateringand storage and use in a water feature isconsidered to be 100% consumed. Dur-ing pumping Applicants will replace actualdepletions to the affected stream systempursuant to Section 37-90-137(9)(c),C.R.S. Applicants estimate that deple-tions occur to the Coal Creek stream sys-tem. Return flows from use of the subjectwater rights from in house use throughnonevaporative septic systems and fromirrigation use, will accrue to the SouthPlatte River system via Coal Creek andthose return flows are sufficient to replaceactual depletions while the subjectgroundwater is being pumped. Applic-ants will reserve an equal amount of non-tributary groundwater underlying the Sub-ject Property to meet augmentation re-quirements. Further, Applicants pray thatthis Court grant the application and forsuch other relief as seems proper in thepremises. (5 pages).

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

YOU ARE HEREBY NOTIFIED that anyparty who wishes to oppose an applica-tion, or an amended application, may filewith the Water Clerk, P. O. Box 2038,Greeley, CO 80632, a verified Statementof Opposition, setting forth facts as to whythe application should not be granted, orwhy it should be granted only in part or oncertain conditions. Such Statement of Op-position must be filed by the last day ofDECEMBER 2014 (forms available onwww.courts.state.co.us or in the Clerk’soffice), and must be filed as an Originaland include $158.00 filing fee. A copy ofeach Statement of Opposition must alsobe served upon the Appl icant orApplicant’s Attorney and an affidavit orcertificate of such service of mailing shallbe filed with the Water Clerk.

Legal Notice No.: 23093First Publication: November 13, 2014Last Publication: November 13, 2014Publisher: The Elbert County News

Public Notice

NOTICE OF PUBLIC HEARINGSpecial Use Review for DirectLink LLC.

Notice is hereby given that on Tuesday,December 16, 2014, at 7:00 (P.M.), or assoon as possible thereafter, a Plan-ning Commission hearing will be con-ducted and on, January 14, 2015, at9:00 (A.M.), or as soon as possiblethereafter, a Board of County Commis-sioners hearing will be conducted.

Hearings will be conducted in the HearingRoom of the Elbert County Commission-ers at Kiowa, Colorado, or at such othertime and place as these hearings may beadjourned.

Public hearings will be heard upon the ap-plication on file with Elbert County Com-munity and Development Services, Court-house Annex, 215 Comanche StreetKiowa, Colorado, 303-621-3136, by Dir-ectLink, LLC, for a Special Use Reviewpursuant to the current Elbert County Zon-ing Regulations.

The affected property is located approxim-ately ½ Mile distance and N/E in directionto nearest major intersection of CountyRoad 102 and County Road 49.

Reason: Special Use PermitProject Name and Number: McAskillTower #SU 14-0006Legal Description of Property: Parts ofSection 23 and 26, T9s, R63WDate of Application: December 17, 2013

Legal Notice No.: 23096First Publication: November 13, 2014Last Publication: November 13, 2014Publisher: The Elbert County News

Misc. Private Legals

Every day, the governmentmakes decisions thatcan affect your life. Whether they are decisions onzoning, taxes, new businesses or myriad otherissues, governments play a big role in your life.Governments have relied on newspapers like

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Notices aremeant to be noticed.Read your public notices and get involved!

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