TO ALL PERSONS INTERESTED IN WATER APPLICATIONS IN …Paul J. Zilis , VRANESH AND RAISCH, LLP, 1720 14 th Street, Suite 200, P.O. Box 871, Boulder, CO 80306-0871. APPLICATION FOR CHANGE

TO ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIVISION 1:Pursuant to CRS, 37-92-302, you are hereby notified that the following pages to comprise a resume ofapplications and amended applications filed in the office of the Water Clerk for Water Division No. 1during the month of July, 2000.

2000CW109 JANET FRAZIER, 395 Ash Street, Denver, CO 80220-4921. Application forUnderground Water Right, IN WELD COUNTY. Wells to be developed in the future are located in theN1/2, S33, T4N, R65W, 6th P.M. Source: Laramie Fox Hills Aquifer. Depth: 400’ Appropriation: N/AAmount claimed: 50gpm (CONDITIONAL). Amount claimed in acre feet: Total allowed. Proposed use:95.5 acres historically irrigated-95.5 acres proposed to be irrigated in the N1/2 of S33, T4N, R65W, 6th

P.M. Area of lawns and gardens irrigated: 3 acres proposed. If non-irrigation describe purposed fully: Forall allowed uses. (2 pages)

2000CW110 TOWN OF BERTHOUD, P.O. Box 1229, Berthoud, CO 80513. Paul J. Zilis ,VRANESH AND RAISCH, LLP, 1720 14th Street, Suite 200, P.O. Box 871, Boulder, CO 80306-0871.APPLICATION FOR CHANGE OF WATER RIGHT, IN LARIMER COUNTY.2. Decreed names of structures for which change is sought:

Structures associated with Handy Ditch Company water rights: Handy Ditch, Welch Reservoir,Hertha Reservoir, and Ryan Gulch Reservoir.

3. From previous decrees:Applicant seeks to change 7½ shares of the capital stock of the Handy Ditch Company out of thetotal outstanding 900 shares in said company. These shares represent a 7½/900 proportionateinterest in each of the following described water rights owned by the Handy Ditch Company.3.1 Direct flow rights, by original appropriation, decreed to the Handy Ditch from the Big

Thompson River.A. Date entered: May 28, 1883, Court: District Court in and for Boulder County.B. Decreed point of diversion: The Handy Ditch headgate located on the right

bank of the Big Thompson River immediately downstream from the mouth ofthe Big Thompson Canyon in the Southwest quarter of Section 3, Township 5North, Range 70 West of the 6th PM, in Larimer County (see map attachedhereto as Exhibit 1).

C. Source: Big Thompson River.D. Appropriation dates and amounts:

(1) Appropriation date: February 28, 1878, Priority No. 39 for 31.2 cfs.The proportionate amount subject to this Application is 0.260 cfs.

(2) Appropriation date: December 15, 1880, Priority No. 47½ for 141.234cfs. The proportionate amount subject to this Application is 1.177 cfs.

3.2. Direct flow rights transferred from the Big Thompson Ditch and ManufacturingCompany Ditch to the Handy Ditch.3.2.1 Original Decree.A. Date entered: May 28, 1883, Court: District Court in and for Boulder County.B. Decreed point of diversion: In Section 15, Township 5 North, Range 69 West of

the 6th PM in Larimer County.C. Source: Big Thompson River.D. Appropriation dates and amounts:

(1) Appropriation date: April 1, 1863, Priority No. 2, for 34.02 cfs. (2) Appropriation date: May 1, 1864, Priority No. 4, for 37.01 cfs.(3) Appropriation date: March 1, 1867, Priority No. 10½, for 65.47 cfs.(4) Appropriation date: May 1, 1872, Priority No. 20, for 9.75 cfs.

3.2.2 Change in point of diversion from the Big Thompson Ditch and Manufacturing CompanyDitch to the Handy Ditch.A. Date entered: March 23, 1914, Court: District Court in and for Boulder County.

July, 2000 Resume Page 2

B. Decreed point of diversion: The Handy Ditch headgate, located on the rightbank of the Thompson River immediately downstream from the mouth of BigThompson Canyon in the Southwest ¼ of Section 3, Township 5 North, Range70 West of the 6th PM, in Larimer County (see map attached hereto as Exhibit1.)


(1) Appropriation date: April 1, 1863, Priority No. 2, for 1.39 cfs. Theproportionate amount subject to this Application is 0.006 cfs.

(2) Appropriation date: May 1, 1864, Priority No. 4, for 1.52 cfs. Theproportionate amount subject to this Application is 0.006 cfs.

(3) Appropriation date: March 1, 1867, Priority No. 10½, for 2.69 cfs. Theproportionate amount subject to this Application is 0.011 cfs.

(4) Appropriation date: May 1, 1872, Priority No. 20, for 0.40 cfs. Theproportionate amount subject to this Application is 0.002 cfs.

One-half of the above described water rights transferred from the Big ThompsonDitch and Manufacturing Company to the Handy Ditch are owned by the HandyDitch Company, and one-half are privately owned. The privately owned portionof the water rights are not included in this application.

3.3. Direct flow right transferred from the Big Thompson Irrigating Ditch to the Handy Ditch.3.3.1 Original Decree.A. Date entered: May 28, 1883, Court: District Court in and for Boulder County.B. Decreed point of diversion: Section 19, Township 5 North, Range 68 West of

the 6th PM, in Larimer County.C. Source: Big Thompson River.D. Appropriation date and amount: February 25, 1865, Priority No. 5, for 78 cfs.3.3.2 Change in point of diversion from the Big Thompson Irrigating Ditch to the

Handy Ditch.A. Date entered: March 21, 1898, Court: District Court in and for Larimer County.B. Decreed point of diversion: The Handy Ditch headgate, located on the right

bank of the Thompson River immediately downstream from the mouth of BigThompson Canyon in the Southwest ¼ of Section 3, Township 5 North, Range70 West of the 6th PM, in Larimer County (see map attached hereto as Exhibit1.)

C. Source: Big Thompson River.D. Appropriation date and amount: February 25, 1865, Priority No. 5, for 20 cfs.

The remaining 58 cfs originally decreed as Priority No. 5 was abandoned. Theproportionate amount subject to this Application is 0.167 cfs.

3.4. Storage rights in Welch Reservoir.A. Dates entered: April 1, 1931, Case No. 9079, and November 14, 1939, Case No.

10077, Court: District Court in and for Boulder County.B. Decreed point of diversion: The headgate of the Handy Ditch, as described

above. Welch Reservoir is located parts of Sections 3, 4, 9, and 10, Township 4North, Range 69 W, 6th PM (see map attached hereto as Exhibit 1).


(1) Appropriation date: October 1, 1881, Welch Reservoir No. 1,Reservoir Priority No. 20, 1,901 acre feet. The proportionate amountsubject to this Application is 15.84 acre feet.

(2) Appropriation date: November 25, 1888, Welch Reservoir No. 2,Reservoir Priority No. 22, 662 acre feet. The proportionate amountsubject to this Application is 5.52 acre feet.

(3) Appropriation date: November 25, 1888, Welch Reservoir No. 5,Reservoir Priority No. 23, 26.5 acre feet. The proportionate amountsubject to this Application is 0.22 acre feet.


(4) Appropriation date: April 17, 1902, Welch Reservoir Nos. 1, 2, and 5(First Enlargement), Reservoir Priority No. 24, 1,263 acre feet. Theproportionate amount subject to this Application is 10.53 acre feet.

(5) Appropriation date: February 1, 1904, Welch Reservoir Nos. 3 and 4,Reservoir Priority No. 25, 472 acre feet. The proportionate amountsubject to this Application is 3.93 acre feet.

(6) Appropriation date: June 1, 1921, Welch Reservoir Nos. 1, 2, 3, 4, and5 (Second Enlargement), Reservoir Priority No. 28, 631 acre feet. Theproportionate amount subject to this Application is 5.26 acre feet.

(7) Appropriation date: June 15, 1923, Welch Reservoir Nos. 1, 2, 3, 4,and 5 (Refill), Reservoir Priority No. 49, 4,955 acre feet. Theproportionate amount subject to this Application is 41.29 acre feet.

3.5. Storage rights in Hertha Reservoir.A. Dates entered: April 1, 1931, Case No. 9079, and November 14, 1939, Case No.

10077, Court: District Court in and for Boulder County.B. Decreed point of diversion: Northeast ¼ of Section 13, Township 4 North,

Range 69 West, 6th PM. Hertha Reservoir is located in parts of Sections 7 and18, Township 4 North, Range 69 West, 6th PM, and part of Section 13,Township 4 North, Range 70 West, 6th PM. (See map attached hereto as Exhibit1.)

C. Source: Dry Creek and Knaus Creek.D. Appropriation dates and amounts:

(1) Appropriation date: November 9, 1909, Reservoir Priority No. 26, 593acre feet. The proportionate amount subject to this Application is 4.94acre feet.

(2) Appropriation date: May 18, 1925, Reservoir Priority No. 29 (FirstEnlargement), 1,543 acre feet. The proportionate amount subject tothis Application is 12.86 acre feet.

(3) Appropriation date: June 15, 1923, Reservoir Priority No. 51 (Refill),593 acre feet. The proportionate amount subject to this Application is4.94 acre feet.

3.6. Storage and exchange rights in Ryan Gulch Reservoir. The Handy Ditch Company owns39 of the 100 outstanding shares in Ryan Gulch Reservoir described as follows:A. Dates entered: June 29, 1916, Case No. 4862, and November 14, 1939, Case No.

10077, Court: District Court in and for Boulder County. Date entered: January22, 1980, Case No. W-8418-76, Court: Division No. 1 Water Court.

B. Point of diversion: Ryan Gulch Reservoir is located on the channel of RyanGulch in Section 27, Township 5 North, Range 69 West, 6th PM.

C. Source: Ryan Gulch.D. Appropriation dates and amounts:

(1) April 12, 1904, Reservoir Priority No. 16, Amount: 730 acre feet. Theproportionate amount subject to this Application is 2.37 acre feet.

(2) June 18, 1907, Reservoir Priority No. 43 (Refill), Amount 730 acrefeet. The proportionate amount subject to this Application is 2.37 acrefeet.

(3) August 5, 1916, Exchange from Ryan Gulch Reservoir to the headgate of the HandyDitch, Amount: 20 cubic feet per second. Water is released from Ryan GulchReservoir through Ryan Gulch into the Big Thompson River. In exchange, water isdiverted in an equal amount through the Handy Ditch, at rates up to 20 cubic feet persecond. The proportionate amount subject to this Application is 0.167 cfs.

E. Historic Use (Sections 3.1-3.6).The subject 7 1/2 shares in the Handy Ditch Company were historically used toirrigate a farm located in the NW ¼ of Section 23, Township 4 North, Range 69West, 6th PM, and part of the W ½ of the NE ¼ of Section 23, Township 4North, Range 69 West, 6th PM. Said shares were utilized with other water rightsto irrigate approximately 174 acres. A map of the approximate location of saidfarm is attached hereto as Exhibit 2. A summary of diversions by the Handy


Ditch Company under the water rights referenced above is attached hereto asExhibit 3.

4. Proposed change:A. Applicant proposes to change the use of the 7 ½ shares in the Handy Ditch from

previously decreed beneficial uses to all municipal uses, including but notlimited to domestic, irrigation, commercial, industrial, recreation, fishery,piscatorial, wildlife, augmentation, replacement and substitution, and storage ofthe previously decreed direct flow rights.

B. Diversions will continue to be made through the Handy Ditch headgate,described above. Water will be stored in Welch, Hertha and Ryan GulchReservoirs, described above. Water will also be delivered to BerthoudReservoir, located within portions of the North ½ of Section 11, Township 4North, Range 69 West, 6th PM, through the existing Berthoud turnout from theHandy Ditch.

C. The water will be used within the Applicant’s service area to meet present andfuture municipal needs of users under the Applicant’s water system. Any waternot needed for immediate municipal use may be leased for irrigation within theHandy Ditch system.

D. Applicant will continue to divert and store all water available under those sharesthrough the Handy Ditch headgate and the other decreed points of diversion andstorage referenced in paragraph 3 above at such times and in such amounts aswater is available under its shares.

E. Return flows from the subject shares have historically been to the LittleThompson River. Return flows from the municipal uses will continue to returnto the Little Thompson River. Applicant’s existing sewage treatment plant islocated within the NE ¼ SE ¼, Section 23, T4N, R69W, 6th P.M. Applicant’spoint of discharge shall continue to be the Little Thompson River. Applicantwill replace historical return flows in time, place and amount as necessary toprevent injury to other water rights.

F. Applicant asserts that ditch losses will continue to occur in the historicalmanner, since the water will continue to be diverted through the Handy Ditch.

G. Applicant intends to place orders and take delivery of the water subject hereto ina manner consistent with the Handy Ditch Company’s rules and regulations.

Water yielded by the subject water rights which was historically consumed, for which return flowobligations have been met, or for which return flows from municipal use exceed return flows fromagricultural use, will be fully consumable by Applicant, by use, reuse, successive use, disposition,augmentation, replacement and substitution, and exchange. As part of this change, Applicant will quantifythe time, place, and amount of historical return flows and the amount of municipal return flows traceable tothe proposed municipal use of the water rights.5. Names and addresses of owners of land:

Town of Berthoud328 Massachusetts AvenueBerthoud, CO 80513The Handy Ditch CompanyP. O. Box 569Berthoud, CO 80513. (8 pages; Exhibits 3 pages)

2000CW111. APPLICATION FOR WATER STORAGE RIGHTS. CONCERNING THEAPPLICATION FOR WATER RIGHTS OF JACKSON CREEK PROPERTIES, LLC, INDOUGLAS COUNTY. 1. . Name, Address, Telephone Number of Applicant: JacksonCreek Properties, LLC, 5680 West Jackson Creek Road, Sedalia, CO 80134 (303) 814-0603(Holly I. Holder, P.C. 518 Seventeenth Street, Suite 1500, Denver, Colorado 80202,(303) 534-3636. 2. Water rights: A. Jackson Creek Highline Ditch, decreed in Case No.97CW076. B. Houston Ditch and First Enlargement, decreed in Case No. 97CW076. C.Jackson Creek Highline Ditch First Enlargement decreed in Case No. 97CW193. D.Houston Ditch Second Enlargement, decreed in Case No. 97CW193. E. West Plum


Creek decreed in Case No. 98CW471. F. All groundwater recoverable from the notnontributary Denver, Arapahoe and Laramie-Fox Hills aquifers decreed in Case No.99CW196. The groundwater to be withdrawn from the Denver, Arapahoe and Laramie-Fox Hills aquifers is "not nontributary" and such water may not be withdrawn untilsuch time as a plan for augmentation has been approved by this court in a separateapplication. G. All groundwater recoverable from the not nontributary Denver, Arapahoeand Laramie-Fox Hills aquifers decreed in Case No. 97CW076. REQUEST FOR WATERSTORAGE RIGHTS 3. Name, legal description and amount for new ponds: In Case Nos.97CW193 and 98CW471, a total of 15 storage ponds were identified. The storagestructures referenced in Case No. 97CW193 are decreed, and the storage structuresreferenced in Case No. 98CW471 are pending a decree. In this application, theApplicant seeks only to add two (2) storage ponds. Applicant now seeks to add two (2)ponds to the above-referenced storage structures, which are as follows: A. Pond #14:The pond will be located in the S½N¼ of Section 28, T8S, R68W of the 6th P.M., at apoint approximately 2,500 feet west of the east line of Section 28 measured along thecenter line of said section. The amount to be stored is 600 acre feet and refill(conditional) and the surface area is estimated to be approximately 19 acres. B. Pond#15: The pond will be located in the NE¼ of Section 21, T8S, R68W of the 6th P.M., at apoint approximately 700 feet east of the east line of Section 1 and 1,700 feet south ofthe north line of Section 21. The amount to be stored is 66 acre feet and refill(conditional) and the surface area is estimated to be approximately 5.0 acres. The abovelocations are shown on Attachment A hereto and are approximate. Applicant reservesthe right to locate the structures in different locations based upon the best actuallocation for construction of the ponds, without the necessity of amending orrepublishing the same, as long as said ponds are constructed on Applicant's land, andthe amounts of storage and approximate surface areas referenced above are notexceeded. If any pond is ultimately located more than 200 feet from the locationdecreed herein, Applicant shall notify the Division Engineer and this decree shall beamended accordingly.4. Jurisdiction: The Water Court has jurisdiction over the subjectmatter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S.WHEREFORE, Applicant prays that this Court enter a Decree: 5. Granting theapplication for a change of water right described herein. FURTHER, Applicant praysthat this Court grant such other relief as seems proper in the premises

2000CW112 ROSAMOND BRUNELLI, RR1 25002 Road 8, Weldona, CO 80653. Application forChange of Water Right, IN MORGAN COUNTY. Brunelli Well No. 1-11701 decreed 4/21/1975 in CaseNo. W-4717 in Water Division 1. Decreed point of diversion: SW1/4SW1/4, S28, T5N, R59W, 6th P.M.,at a point 475’ N and 150’ E of the corner of said S28. Source: Groundwater Appropriation: 7/15/1955Amount: 2.32 Historic use: Irrigation of 160 acres in the W1/2SW1/4, SE1/4SW1/4 and the SW1/4SE1/4,S28, T5N, R59W, 6th P.M. Proposed change: For supplemental Well R11701-RF as to permit number019955-F. 480 acre feet on 160 acres, limited to 1048 g.p.m. (2 pages)

2000CW113 TOWN OF WINDSOR, 301 Walnut Street, Windsor, CO 80550. (Robert W. Brandes,Jr., 323 South College Avenue, Suite 1, Fort Collins, CO 80524). APPLICATION FOR CHANGE OFWATER RIGHT, IN WELD COUNTY.1. Name, address, telephone number(s) (residence and business) of applicant(s)

Town of Windsor301 Walnut Street, Windsor, CO 80550(970) 686-7476

2. Decreed name of structure for which change is sought: (indicate whether ditch, well, springs,reservoir, etc.)

Well No. 1 - 63973. From previous Decree:

A. Date entered: December 13, 1971 Case No. W-641 Court: District Court, WaterDivision I


B. Decreed point of diversion (include map): Approximately 396 feet south and 762 feetwest of NE corner of NW 1/4 of NE 1/4, Section 20, Township 6N, Range 67 West of the6th P.M., Weld County(see Exhibits 1 and 2)

C. Source: Ground waterD. Appropriation Date: December 31, 1935 Amount: 500 GPM or 1.11 cfsE. Historic use: (include a description of all water rights to be changed, a map showing the

approximate location of historic use of the rights and records or summaries of records ofactual diversions of each right the applicant intend to rely on to the extent such recordsexist.)This well has been used to irrigate the NW 1/4 NE 1/4, 20-6N-67 West of the 6th P.M.,Weld County, Colorado. The well is now known as the Windsor West Well and is ownedby applicant. Records of actual use from 1991 through 1999 are included herewith.(Exhibit 3)In 1975, the well was re-drilled over 200 feet from the original well location. Theoriginal well was plugged and abandoned. The new well was approved as a replacementof Well No. 6397-R and entitled Well No. 6397-RF pursuant to Permit issued November7, 1975, a copy of which is attached hereto (Exhibit 4). The new well bears S 05° 36' E,1380' from old well, considering north line of NE 1/4 of 20-6-67 W 6th P.M. bearing S86° 01-W.Well Permit No. R-6397-RF expired on November 7, 1976. On March 2, 2000, the StateEngineer, Colorado Division of Water Resources, issued Well Permit No. 6397-R-R, apermit to use the existing well as relocated in 1975. A copy of Well Permit No. 6397-R-R is included herewith (Exhibit 5).

4. Proposed change: (a) describe change requested: alternate point ofdiversion/replacement/change of use; (if well, please list pertinent information from wellpermit( (b) location; (c) use; (d) amount; (e) give proposed plan for operation (if (b)through (e) applicable, please give full descriptions.)Applicant desires to change the decreed point of diversion of the Windsor West Well(formerly Well No. 1) to its present location as approved by the state engineer in PermitNo. R6397-RF and Well Permit 6397-R-R issued March 2, 2000, subject to theconditions set forth therein. The replacement well is located in the SW 1/4 of the NE 1/4of 20-6N-67W of the 6th P.M., as shown on the map contained in Permit No. R6397-RF,attached hereto (Exhibit 1). No change is requested in the 2.772 acres to be irrigated, themaximum pumping rate of 100 gallons per minute and the average annual amount ofground water appropriated of 11.088 acre-feet.Application has been made concurrently to the Cache LaPoudre Underground WaterUsers Association for inclusion of this well in their augmentation plan.This replacement well is not within 600 feet of any existing well.

5. Name(s) and address(es) of owner(s) of land on which structure(s) is (are) located:Town of Windsor301 Walnut StreetWindsor, CO 80550 (2 pages; Exhibits 6 pages)

2000CW114 DARRELL J. GUBBELS, 413 N. Wilcox Street, Suite 100, Castle Rock, CO 80104.Application for Underground Water Right, IN DOUGLAS COUNTY. Gubbels Well #171337 is locatedin the SE1/4SE1/4, S9, T8S, R65W, 6th P.M., 1260’ from S section line and 1155’ from E section line(a/k/a Lot 11, Pine Creek West Subdivision). (221 Rocky Cliff Place). Source: Groundwater Depth:380’ Appropriation: 7/27/1993 Amount claimed: 15 gpm Proposed use: Domestic use for one singlefamily dwelling and livestock and irrigation of 15,000 sq. feet of lawn and gardens. (2 pages)

2000CW115 CONCERNING THE APPLICATION FOR WATER RIGHTS OF COZETTESWICKARD, APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARYSOURCES, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AQUIFERS, IN DOUGLAS COUNTY. 1.Name, Address, Telephone Number of Applicant:Cozette Swickard, P.O. Box 129, Castle Rock, Colorado 80104 (303) 660-0848 (Holly I. Holder, Holly I.


Holder, P.C., 518 17th Street, #1500, Denver, Colorado 80202 (303) 534-3636). 2. Well Permits: Wellpermits will be applied for prior to construction of the wells. 3. Legal Description of Wells and SubjectProperty: The property which is the subject of this application is approximately 73 acres of land located inthe S1/2 of Section 7, T8S, R66W of the 6th P.M., as more particularly described and shown onAttachment A hereto. The wells which will withdraw the subject groundwater will be located at anylocation on the Subject Property subject to Section 37-90-137(4), C.R.S. 4. Source of Water Rights: Thesource of the groundwater to be withdrawn from the Lower Dawson, Denver, Arapahoe and Laramie-FoxHills aquifers underlying the Subject Property is nontributary groundwater as described in 37-90-103(10.5),C.R.S. 5. Estimated Amounts: The estimated average annual amounts of withdrawal available from thesubject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. For purposesof this application, Applicant estimates that the following annual amounts are representative of the subjectaquifers underlying the Subject Property:

Saturated EstimatedAquifer Thickness Annual AmountLower Dawson 92 feet 4.5 acre-feetDenver 330 feet 41.0 acre-feetArapahoe 332 feet 41.3 acre-feetLaramie-Fox Hills 174 feet 19.1 acre-feet

The average annual amounts available for withdrawal from the subject aquifers will depend on thehydrogeology and the legal entitlement of the Applicant and represents a claim to all nontributarygroundwater underlying the Subject Property. 6. Well Fields: Applicant requests that this Court determinethat Applicant has the right to withdraw all of the legally available groundwater lying below the SubjectProperty, through the wells requested herein and any additional wells which may be completed in the futureas Applicant's well fields. As additional wells are constructed, applications will be filed in accordance with37-90-137(10), C.R.S. 7. Proposed Use: The water will be used, reused, successively used, leased, sold, orotherwise disposed of for the following beneficial purposes: municipal, domestic, industrial, commercial,irrigation, livestock watering, recreational, and fish and wildlife. Said water will be produced forimmediate application to said uses, both on and off the Subject Property, for storage and subsequentapplication to said uses, for exchange purposes, for replacement of depletions resulting from the use ofwater from other sources, and for augmentation purposes. 8. Jurisdiction: The Water Court has jurisdictionover the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9. Remarks:A. Applicant claims the right to withdraw more than the average annual amounts estimated in paragraph 5above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicant has estimatedthe amounts of water available for withdrawal from the subject aquifers based on estimates of relativevalues for specific yield and saturated thicknesses, Applicant requests the right to revise the estimatesupward or downward, based on better or revised data, without the necessity of amending this application orrepublishing the same. WHEREFORE, Applicant prays that this Court enter a Decree: 10. Granting theapplication herein and awarding the water rights claimed herein as final water rights, except as to thoseissues for which jurisdiction of the Court will be specifically retained; 11. Specifically determining that: A.Applicant has complied with 37-90-137(4), C.R.S., and water is legally available for withdrawal by thewells proposed herein, but that jurisdiction will be retained with respect to the average annual amounts ofwithdrawal specified herein to provide for the adjustment of such amounts to conform to actual localaquifer characteristics from adequate information obtained from wells or test holes drilled on or near theSubject Property, pursuant to 37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; B. The groundwater inthe Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers is nontributary groundwater; C.Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals ofgroundwater proposed herein and no findings of diligence are required to maintain these water rights.FURTHER, Applicant prays that this Court grant such other relief as seems proper in the premises.

2000CW116 ROBERT A. CARTER, 7127 S. Julie Lane, Evergreen, CO 80439. Application forUnderground Water Right, IN JEFFERSON COUNTY. Carter Well #33131 is located in S25, T5S,R71W, 6th P.M., a/k/a Lot 15, Filing 4, Marschner Subdivision. Source: Groundwater Appropriation:5/30/1994 Amount claimed: 2.70 gpm Proposed use: Domestic and irrigation of 200 square feet of lawnsand gardens. (2 pages)


2000CW117 (93CW122, W-9294-78, W-9293-78) CAMPBELL DEVELOPMENT, INC., P.O. Box 10,Red Feather Lakes, CO 80545. All correspondence and pleadings to William H. Brown, Esq., Fischer,Brown & Gunn, P.C., P.O. Box Q, Fort Collins, CO 80522, (970) 407-9000. APPLICATION FORFINDING OF REASONABLE DILIGENCE, in LARIMER COUNTY. Name of structures: Fox AcresReservoir No. 3, a/k/a Lake Nootka; Lower Fox Acres Reservoir No. 3, a/k/a Lake Cayuse. Describeconditional water rights (as to each structure) giving the following from the Referee’s Ruling and Judgmentand Decree: As to Fox Acres Reservoir No. 3: Date of Original Decree: November 15, 1979, Case No.:W-9293-78, District Court, Water Division No. 1. As to Lower Fox Acres Reservoir No. 3: Date oforiginal decree: November 15, 1979, Case No.: W-9294-78, District Court, Water Division No. 1.Location: Both reservoirs are located in the SE¼ SE¼, Section 22, Township 10 North, Range 73 West ofthe 6th P.M., Larimer County. Fox Acres Reservoir No. 3: At a point N 50° 48' 30” West 1187.60 feetfrom the SE Corner of Section 22. Lower Fox Acres Reservoir No. 3: At a point N 12° 03' 33” West1248.00 feet from the SE Corner of Section 22. Source: As to both reservoirs: Wildcat Creek, runoff andseepage. Appropriation dates: Fox Acres Reservoir No. 3: June 1, 1974. Lower Fox Acres Reservoir No.3: July 1, 1975. Amounts: Fox Acres Reservoir No. 3: 49.2 acre feet, CONDITIONAL. Lower FoxAcres Reservoir No. 3: 4.1 acre feet, CONDITIONAL. Conditional use: Domestic. (The reservoirs haveabsolute decrees for irrigation.). During this diligence period, applicant continued to develop a domesticwater distribution and treatment system. Applicant engaged the engineering firm of Ayres Associates (bothits Fort Collins and Eau Claire, Wisconsin offices). Ayres Associates conducted water sampling,laboratory analyses and raw water blending analyses including water residing in the reservoirs. Applicantincurred $40,759.00 in engineering fees for these services. In addition, Ayres Associates performed atechnical assessment of applicant’s existing storage and distribution systems. Applicant incurred $7,315.00in engineering fees for the development of a preliminary design of greensand process water treatment,including a new treatment building and a wet well and pumping system for the delivery of water toapplicant’s existing distribution system. Ayres Associates was retained to perform work concerning therehabilitation of the Fox Acres Reservoir No. 3 dam to correct a seepage problem and maintain the integrityof the dam. The professional services contract with the Ayres firm provides for an estimated fee for theengineering work on this project to be $35,000, and approximately one-half that amount has been paid todate. Applicant’s preliminary construction plans have been filed with the State Engineer’s Office.Wherefore, Applicant prays that this Court issue its finding and determination that Applicant has exerciseddue and reasonable diligence during the six years following entry of the decree in Case No. 95CW041toward completion or for completion of the appropriation and application of water therein decreed.Applicant further prays that this Court continue in full force and effect all such conditional water rights foran additional six year period, and for such other relief as the Court may deem proper. (3 pages)

2000CW118 (W-2434) KIRK S. KIRBY, P.O. Box 430, Henderson, Colorado 80640. (Robert E.Schween, P.C., P.O. Box 262104, Highlands Ranch, Colorado 80163-2104.) APPLICATION FOR CHANGE IN WATER RIGHT, IN ADAMS COUNTY.

1. Name, Address and Telephone Number of Applicant: Mr. Kirk S. Kirby, P.O. Box 430,Henderson, Colorado 80640. Tele: 303-637-9977. Please direct inquires and sendcorrespondence to: Robert E. Schween, P.C., P.O. Box 262104, Highlands Ranch, Colorado80163-2104. Telephone: 303-471-5150; Fax: 303-470-3103.2. Decreed Name of Structures for Which Change Is Sought: Adams Well No. 15119.3. Background: A. Well No. 15119 was originally decreed in the names ofAndrew Jack Adams and Annie L. Adams. Applicant is the successor in interest.B. Diversions by Well No. 15119 are fully augmented by Central Colorado WaterConservancy District’s (CCWCD) augmentation plan.4. From Previous Decree: A. Date of Decree: February 7, 1973.B. Point of Diversion: The point of diversion of the subject structure is located asfollows: North 37 feet and West 691 feet from the SE corner, Section 34, Township 1 South,Range 67 West of the 6th P.M., Adams County, Colorado.C. Source: Ground water tributary to the South Platte River. D. AppropriationDate: December 31, 1915. E. Amount: 1.54 cfs. F. Use: Irrigation of five (5) acres in theSE ¼ of Section 34, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado.5. Proposed Change in Water Right: Change in Point of Diversion.


A. Original well will be plugged and abandoned and the ground water decreed to it will bewithdrawn through three separate alternate points of diversion, all located in the general vicinity ofthe original well location, and described as follows:

Distance From the SW Corner,Alternate Well No. SE ¼, SE ¼, Sec. 341 – Lot 1 East 720 Feet, North 190 Feet2 -- Lot 2 East 400 Feet, North 200 Feet3 -- Lot 3 East 255 Feet, North 250 Feet

See General Location Map, attached hereto as Exhibit A.B. Each alternate point of diversion will be limited to one-third of the decreed rate of flow ofthe original well: 1.54 cfs /3 = .513 cfs. C. Irrigation use would remain the same asoriginally decreed, i.e., limited to five (5) acres total by the three alternate point of diversion wells.6. Impact of Change: A. Neither the amount, the location, nor the type of use ofwater diverted by Well No. 15119 is being changed. Irrigation use will occur at the same locationas prior to the requested change. Consequently, the present return flow regimen will not bealtered. B. No vested or decreed conditional water rights will be affected by the changerequested herein.7. Jurisdiction: The Water Court has jurisdiction over the subject matter of thisapplication pursuant to section 37-92-302, C.R.S.

WHEREFORE, Applicant requests this Court to enter a decree:(1) Granting the application herein, awarding a change in the point of diversion of

Well No. 15119 to the three alternate points of diversion requested herein for the use of thewater rights decreed in Case No. W-2434; and

(2) Continuing all other uses for the water rights decreed in the above named WaterCourt decree.

FURTHER, Applicant asks the Court grant such other relief as it deems just and proper inthis matter. (4 pages; Exhibit A - 1 page)

2000CW119 KIRK S. KIRBY, P.O. Box 430, Henderson, Colorado 80640. APPLICATION FOR UNDERGROUND WATER RIGHTS, IN ADAMS COUNTY.

1. Name, Address, Telephone Number of Applicant: Mr. Kirk S. Kirby, P.O. Box 430,Henderson, Colorado 80640. Telephone: 303-637-9977; Fax: 303-637-9988.Please send all pleadings and correspondence in this matter to: Robert E. Schween, P.C., P.O. Box262104, Highlands Ranch, Colorado 80163-2104. Telephone: 303-471-5150; Facsimile: 303-470-3103.2. Well Permits: A. Well permits for wells to withdraw ground water from thenamed aquifers have not yet been sought. Applicant will make application for permits for such wellswhen necessary.B. Additional well permits for wells to be completed in each aquifer may be sought in thefuture. All such wells may be located anywhere on Applicant's property as described herein.3. Legal Description of Subject Property: Applicant's property which is subject to thisapplication consists of 7.53 acres of land, more or less, located in the SE ¼ of the SE ¼, Section34, Township 1 South, Range 67 West of the 6th P.M., Adams County, as shown on Exhibit Ahereto (Vicinity Map) and as described in Exhibit B hereto (Property Legal Description).4. Source of Water Rights: Nontributary Ground Water.A. The source of the ground water to be withdrawn from the Lower Arapahoe and Laramie-Fox Hills aquifers is "nontributary" ground water as such term is defined in § 37-90-103(10.5),C.R.S. Such classification is consistent with the Denver Basin Nontributary Ground Water Rules, 2CCR 402-6.B. Applicant will comply with the requirement to relinquish to the stream system two percent(2%) of all such nontributary ground water withdrawn. Otherwise, such water may be fullyconsumed to extinction for all beneficial uses.5. Background: Applicant files this application for water rights pursuant to § 37-92-203,C.R.S., as a water matter concerning nontributary ground water. Applicant is the owner of theoverlying land as described herein.


6. Estimated Amounts and Rates of Withdrawal:A. Applicant’s wells will withdraw the subject ground water at rates of flow necessary toefficiently withdraw the entire decreed average annual amounts, through wells to be located onApplicant's property. Applicant waives any 600 foot spacing rule as described in section 37-90-137(2), C.R.S., for wells located on Applicant's property. The estimated average annual amounts ofwithdrawal available from the subject aquifers as indicated below, are based upon the Denver BasinRules, 2 C.C.R. 402-6:

Land Saturated Ave. Annual Aquifer Area Thickness Amount (AF)

Lower Arapahoe 7.53 Acres 120 feet 1.54Laramie-Fox Hills 7.53 Acres 200 feet 2.26

B. The average annual amounts available for withdrawal from the subject aquifers will dependon the hydrogeology and the legal entitlement of the Applicant. This application represents a claimto all nontributary ground water underlying Applicant's property.7. Well Fields: Applicant requests that this Court determine that Applicant has the right towithdraw all of the legally available ground water lying below Applicant's property, as describedherein, through the wells requested herein, which may be located anywhere on Applicant's property,and any additional wells which may be completed in the future as Applicant's well fields. Asadditional wells are to be constructed, applications will be filed in accordance with § 37-90-137(10),C.R.S.8. Proposed Uses: Applicant will use all water withdrawn from the subject aquifers ina water system to be used, reused, successively used, and after use leased, sold, or otherwisedisposed of for the following beneficial purposes: domestic, industrial, commercial, irrigation,livestock watering, recreational, fish and wildlife, and fire protection. Said water will be produced forimmediate application to said uses, both on and off the property, for storage and subsequentapplication to said uses, for exchange purposes, for replacement of depletions resulting from theuse of water from other sources, and for augmentation purposes.9. Jurisdiction: The Water Court has jurisdiction over the subject matter of this applicationpursuant to §§ 37-92-302(2), and 37-90-137(6), C.R.S.10. Name and Address of Owner of the Land on Which Structures are Located: Theowner of the overlying land area described herein is the named Applicant herein, Kirk S. Kirby.11. Additional Claims:A. Applicant claims the right to withdraw more than the average annual amounts estimated inparagraph 6A above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7.B. Although Applicant has estimated the amounts of water available for withdrawal from thesubject aquifers based on estimates of relative values for specific yield and saturated thicknesses,Applicant requests the right to revise the estimates upward or downward, based on better or reviseddata, without the necessity of amending this application or republishing same.C. In compliance with House Bill 93-1060 (effective March 30, 1993), Applicant will, within ten(10) days after filing this application, supplement this application with evidence that Applicant hasgiven notice of this application by registered or certified mail to every record owner of the overlyingland and to every person who has a lien or mortgage on, or deed of trust to, the overlying landrecorded in the county in which the overlying land is located.

WHEREFORE, Applicant Kirk S. Kirby, prays that this Court enter a ruling and decree:A. Granting the application herein and awarding the water rights claimed herein as

final water rights, except as to those issues for which jurisdiction of the Court will be specificallyretained; and B.Specifically determining that: 1. Applicant has complied with § 37-90-137(4),C.R.S., and water is legally available for withdrawal by the wells proposed herein. Jurisdiction willbe retained with respect to the average annual amounts of withdrawal specified herein to provide forthe adjustment of such amounts to conform to actual local aquifer characteristics from adequateinformation obtained from wells or test holes drilled on or near Applicant's property, pursuant to §37-92-305(11), C.R.S., and Denver Basin Rule 9A; 2. The ground water in both the LowerArapahoe and Laramie-Fox Hills aquifers underlying Applicant's property described herein isnontributary ground water; 3. Vested or conditionally decreed water rights of others will not be


materially injured by the withdrawals of nontributary Lower Arapahoe and Laramie-Fox Hills aquiferground water as proposed herein; 4. Applicant or its successors may construct wells into eachaquifer anywhere on the subject property without the necessity of filing any further amendments tothis application, republishing this application, or reopening the decree to be awarded; 5. Inaccordance with § 37-92-305(11), C.R.S., no findings of reasonable diligence are required tomaintain the water rights applied for herein; 6. The nature and extent of the water rights claimedherein are defined by § 37-90-137(4), C.R.S., and the withdrawals sought to be made are basedupon an aquifer life of 100 years;7. The quantity of ground water, exclusive of any artificialrecharge, underlying the land shown at Exhibit A and described at Exhibit B hereto is to be set bythe ruling and decree to be obtained hereby, subject to the Court's retained jurisdiction; and 8.

If the well permit for any well authorized by the ruling and decree to be entered in thismatter expires, Applicant may apply for a new well permit for such well or wells at the time Applicantis ready to construct such well(s), and the State Engineer shall grant such permit(s) pursuant to theterms of the ruling and decree in this case.

FURTHER, Applicant prays that this Court grant such other relief as seems proper in thepremises. (5 pages; Exhibits 3 pages)

2000CW120 APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION.CONCERNING THE APPLICATION FOR WATER RIGHTS OF DIAMOND RIDGEESTATES, LLC, DIAMOND RIDGE, LLC, AND MEADOWLARK MESA, LLC, INDOUGLAS COUNTY. 1. Names, Address, and Telephone Number of Applicants:Diamond Ridge Estates, LLC, Diamond Ridge, LLC, and Meadowlark Mesa, LLC. 5400S. Park Terrace Ave., #22-202, Englewood, Colorado 80111. (303) 773-0090 (Holly I.Holder, P.C. 518 17th Street, #1500, Denver, Colorado 80202). 2. Description of planfor augmentation: A. Groundwater to be augmented: Not nontributary Lower Dawsonand Denver aquifer groundwater as pending in Case No. 99CW39 and 99CW195 in thiscourt, and as decreed in Case No. 84CW109 and 84CW110 in this court, in theamounts described below. Applicants are the owners of land and water rights whichare the subject of these applications or decrees, which water is located under andassociated with approximately 867 acres of land located in parts of Sections 23, 24, 25,and 26, T7S, R67W of the 6th P.M., as shown on Attachment A hereto ("SubjectProperty"). Said land is located within the boundaries of the Town of Castle Rock whichwill provide service to the Subject Property. The approximate amounts of notnontributary Lower Dawson and Denver aquifer groundwater which are the subject ofthe referenced cases are as follows (based on a 100 year withdrawal):Case No. Lower Dawson Denver99CW39 144 acre-feet 187 acre-feet99CW195 18 acre-feet 23 acre-feet84CW109 29 acre-feet 0 acre-feet84CW110 0 acre-feet 179 acre-feetB. Water rights to be used for augmentation: Return flows from the use of notnontributary Lower Dawson and Denver aquifer groundwater and return flows anddirect discharge of nontributary groundwater underlying the Subject Property aspending in Case No. 99CW39, 99CW146, and 99CW195, or as decreed in Case No.84CW113 and 84CW114. C. Statement of plan for augmentation: The subjectgroundwater may be used for municipal purposes on the Subject Property and withinthe boundaries of the Town of Castle Rock. D. During pumping of the Lower Dawsonaquifer groundwater, Applicants will replace actual depletions to the affected streamsystem, and during pumping of the Denver aquifer groundwater, Applicants will replacean amount equal to 4% of the annual amount withdrawn, pursuant to Section 37-90-137(9)(c), C.R.S. Applicants estimate that depletions occur to the East Plum Creekstream system. Sewage treatment will be provided by central sewer treatment. It isestimated that 95% of the water used for municipal purposes, except for irrigation, willbe returned to the stream system via a wastewater treatment plant. It is estimated thatapproximately 10% of water used for irrigation will be returned to the stream system


from use on the Subject Property and within the Town boundaries. Only return flowsfrom irrigation use will be claimed for replacement of depletions during pumping andthose irrigation return flows will be sufficient to replace actual depletions for withdrawalof the Lower Dawson aquifer water and an amount equal to 4% of the annual amountwithdrawn for withdrawal of the Denver aquifer water while the subject groundwater isbeing pumped. E. After the 100th year of pumping, after all the Lower Dawson andDenver aquifer water is withdrawn, or after pumping ceases, Applicants willdemonstrate that any depletions which may occur to the stream systems are non-injurious and need not be replaced. However, if the Court finds that such depletionsneed to be replaced, Applicants will reserve an adequate amount of nontributarygroundwater associated with the Subject Property for use in the augmentation plan. 3.Remarks: Applicants will withdraw the not nontributary Lower Dawson and Denveraquifer water which is the subject of this application under the plan of augmentationrequested herein pursuant to Section 37-90-137(9)(c), C.R.S. WHEREFORE, Applicantspray that this Court enter a Decree: 4. Granting the application herein and specificallydetermining that vested or conditionally decreed water rights of others will not bematerially injured by the withdrawals of groundwater and the plan for augmentationproposed herein; FURTHER, Applicants pray that this Court grant such other relief asseems proper in the premises. (3 pages; Attachment A-1 page)

2000CW121 (90CW219) CITY OF ENGLEWOOD, Mr. Stewart Fonda, Director of Utilities, 3400 S.Elati Street. Englewood, CO 80110. ( David G. Hill, Jack M. Graves, Kristin M. Berdan, CHRISMAN,BYNUM & JOHNSON, P.C.1900 Fifteenth Street, Boulder, CO 80302). APPLICATION FORSEXENNIAL FINDING OF REASONABLE DILIGENCE, IN DOUGLAS, ARAPAHOE ANDJEFFERSON COUNTIES.

1. Name and Address of Applicant:

City of Englewood (“Englewood”)Mr. Stewart Fonda, Director of Utilities3400 S. Elati StreetEnglewood, CO 80110(303) 762-2636

2. Name of Structure: McLellan Reservoir.

a. Legal Description of Reservoir: The reservoir is located in Sections 32 and 33 of Township5 South, Range 68 West, of the 6th P.M., and Sections 4 and 5, Township 6 South, Range 68 West, ofthe 6th P.M., with the initial point of survey being a point whence the SE corner of Section 32,Township 5 South, Range 68 West, of the 6th P.M. bears South 71�00' East 2,489.5 feet, as describedin the decree for such reservoir which was entered in Civil Action No. 3635, in the District Court inand for the County of Douglas, State of Colorado, dated May 18, 1972.

3. Describe Conditional Water Right giving the following from the Referee’s Ruling andJudgment and Decree:

a. Date of Original Decree: July 5, 1994, Case No. 90CW219, District Court,Water Division No. 1.

b. Appropriation Date: December 17, 1990.

c. Amount Claimed: 1,509.5 acre feet conditional water storage right; 4,616 acrefeet conditional refill right.

d. Location of Points of Diversion:


i. Englewood’s former pumping plant located at a point formerly n theEast side of said South Platte River whence the SE corner of Section32, Township 5 South, Range 68 West, of the 6th P.M. bears South72�45' East 6,026.8 feet, by means of a well or wells; provided,however, that diversion by means of a well shall not be permittedexcept pursuant to an amendment to the decree entered in 90CW219.

ii. Dad Clark Gulch at McLellan Reservoir, which is located in Sections32 and 33 of Township 5 South, Range 68 West, of the 6th P.M., andSections 4 and 5, Township 6 South, Range 68 West, of the 6th P.M.,with the initial point of survey being a point whence the SE corner ofSection 32, Township 5 South, Range 68 West, of the 6th P.M. bearsSouth 71�00' East 2,489.5 feet.

iii. City Ditch, the headgate of which is now located at the outlet manifoldof Chatfield Reservoir, described as the centerline of the Chatfieldmanifold which intersects the centerline of the dam at a point whencethe SW Corner of Section 1, Township 6 South, Range 69 West, of the6th P.M., Jefferson County, bears North 49� West a distance of 4,070feet.

iv. High Line Canal, the headgate of which is located in Section 33,Township 6 South, Range 69 West, of the 6th P.M.

v. South Platte Alluvial Well Field No. 2, which is located in Section 31,Township 5 South, Range 68 West, of the 6th P.M., and is moreparticularly described as follows:

Six (6) wells, having estimated pumping capacities of 1500 to 2000gpm and estimated depths of 45 to 55 feet, proposed to be constructedin the South Platte River alluvium downstream from ChatfieldReservoir within 200 feet of the following locations in the East ½ ofSection 31, Township 5 South, Range 68 West, 6th P.M.:

Distance DistanceFrom North From EastSection Line Section Line

Well No (feet) (feet)

SP-9 3130 400SP-10 2780 700SP-11 3590 400SP-12 2580 550SP-13 2180 150SP-14 3930 50

vi. South Platte Alluvial Well Field No. 1, eight (8) wells, havingestimated pumping capacities of 1500 to 2000 gpm each and estimateddepths of 45 to 55 feet, proposed to be constructed in the South PlatteRiver alluvium downstream from Chatfield Reservoir within 200 feetof the following locations in the North ½ of Section 6, Township 6South, Range 68 West, 6th P.M.:

Distance DistanceFrom North From EastSection Line Section Line

Well No. (feet) (feet)


SP-1 450 3180SP-2 350 2400SP-3 300 2100SP-4 250 1750SP-5 1050 1750SP-6 1050 2100SP-7 1000 2550SP-8 950 3080

Provided, however, that diversion by meansof a well (under any paragraph hereof) shall not be permitted except pursuant to an amendment to thedecree entered in 90CW219, incorporating terms and conditions sufficient to prevent injury to other waterrights vested as of the date of the 90CW219 decree.

e. Source: The South Platte River and its tributaries upstream from theEnglewood’s former pumping plant located at a point formerly on the East sideof said South Platte River whence the SE corner of Section 32, Township 5South, Range 68 West, of the 6th P.M. bears South 72�45' East 6,026.8 feet,including, but not limited to, Dad Clark Gulch.

f. Type of Use or Proposed Use: Municipal, domestic, industrial, commercial,irrigation (including watering of parks, lawns, and gardens), stock watering,recreational, fish and wildlife propagation and maintenance, manufacturing, fireprotection, sewage treatment, street sprinkling, and other beneficial municipalpurposes. In addition, such water may be used for exchange purposes, forreplacement of depletions resulting from use of water from other sources, andfor augmentation purposes.

g. Place of Use or Proposed Use of Conditional Rights: Any lands to whichEnglewood provides water for municipal purposes (including any of thepurposes enumerated in the preceding paragraph). Use of this right shall not belimited to lands served by Englewood at the time of this application, but shallextend to any lands to which Englewood hereafter provides water for municipalpurposes, and to any lands to which Englewood provides water for municipalpurposes under an existing or future contract of supply, and to lands to whichEnglewood provides water for irrigation purposes.

4. Provide a detailed outline of what has been done toward completion or for completion ofthe appropriation and application of water to a beneficial use as conditionally decreed,including expenditures:

a. Because Englewood has an integrated system, the following listed itemsrepresent system wide projects and work that have been completed or are in theprocess of being completed pertaining to the McLellan Reservoir. This list isnot meant to be exclusive.

i. Englewood has expended over $15,000,000 to improve its Allen FilterPlant. Primary improvements included pre-treatment processes andaddition of activated carbon filters.

ii. Englewood has entered into contracts with Rocky MountainConsultants, Inc. (“RMC”) for the design of a 16 cfs pipeline from theMcBroom Ditch to Englewood’s forebay reservoir along the SouthPlatte River at Union Avenue. RMC designed the pipeline and


surveyed and mapped its alignment. Englewood expended over$45,000 in the pipeline design.

iii. Englewood has purchased over 5,000 feet of pipeline and fittings forthe McBroom Ditch pipeline at a cost of over $200,000.

iv. Englewood has entered into a contract with SEMA Construction forover $100,000 to construct the McBroom Ditch pipeline from theMcBroom Ditch to Englewood’s forebay reservoir at Union Avenueand the South Platte River.

b. The following listed items are specific projects and work that have beencompleted or are in the process of being completed pertaining in whole or in partto the McLellan Reservoir. This list is not meant to be exclusive.

i. Englewood entered into a contract with New Design Construction, Co.(“NDC”) to improve its City Ditch Pump Station and GagingStructures. Englewood has expended $82,000 under its contract withNDC, and an additional $2,200 for the construction of vault structures.

ii. Englewood has expended $50,000 to rehabilitate its four pumps at itsCity Ditch Pump Station.

iii. Englewood expended over $450,000 from March 1993 through March2000 to pipe the City Ditch from below Chatfield Reservoir to the CityDitch Pump Station which carries water to the McLellan Reservoir.

iv. Englewood entered into a contract with WW Wheeler in 1994 toperform flood hydrology studies for the McLellan spillway.Englewood expended over $30,000 on these flood hydrology studies.

v. Englewood has entered into contracts with WW Wheeler to perform astudy and field investigation concerning repairs to the McLellanspillway. Englewood expended over $20,000 in the study and fieldinvestigation.

vi. Englewood has budgeted over $150,000 for repairs on the McLellanspillway, which are scheduled to begin in 2001.

vii. Englewood has budgeted $60,000 to construct a security fence aroundthe McLellan Reservoir, scheduled to be completed by the end of 2000.

viii. Englewood has negotiated with Centennial Water and SanitationDistrict (“Centennial”) to bring about the ultimate use of waterpursuant to the existing or any future contract of supply betweenEnglewood and Centennial.

ix. A siltation study on McLellan Reservoir has been performed byCentennial.

x. Centennial has begun constructing a second pump station at theMcLellan Reservoir, which is scheduled to be completed by the end of2000.


xi. Englewood engaged Martin and Wood Water Consultants, Inc. toquantify the water available under the decree entered in Case No.90CW219.

xii. Englewood participated in numerous Water Court cases to protect andto ensure that the quantity and quality of the water rights decreed inCase No. 90CW219 is not impacted by the actions of other water users.

WHEREFORE, Englewood respectfully requests that this Court enter a Finding and Decree ofReasonable Diligence for McLellan Reservoir storage and refill rights continuing the conditional decreeentered in 90CW219 in full force and effect. (7 pages)

2000CW122 KENNETH R. CAMPBELL, PO Box 847, Parker, CO 80134. Application forUnderground Water Right, IN DOUGLAS COUNTY. Well #149947 is located in the NE1/4SW1/4, S7,T6S, R66W, 6th P.M., a/k/a 3316 East Cottonwood Ave., N1/2 of Lot 8, Block 20, Grandview Estates.Source: Nontributary Groundwater from the Dawson/Denver Aquifers. Depth: 361-441 ft. Appropriation:11/24/1987 Amount claimed: 2200 sq. ft. (1 a/f annually) Use: (CONDITIONAL) Domestic andirrigation of 2200 sq. ft. of lawns and gardens. (2 pages)

2000CW123 (82CW392, 93CW160) ARCHDIOCESE OF DENVER, 1300 S. Steele St., Denver,CO 80210-2599 (Julie S. Erikson, VRANESH & RAISCH, LLP, 1720 - 14th St., Suite 200, PO Box 871,Boulder, CO 80306-0871). Application for Finding of Reasonable Diligence, IN BOULDER COUNTY.2. Name of Structure: Camp St. Malo Pond No. 5 3. Describe conditional water right (as to each structure)giving the following from the Referee’s Ruling and Judgment and Decree. A. Date of Original Decree:12/4/1987, Case No. 86CW392, Court: District Court, Water Division 1. B. Location: Camp St. Malo PondNo. 5 is an on-channel reservoir, and the outlet will be located in the NW1/4NW1/4, S11, T3N, R73W, 6th

P.M., Boulder County, Colorado at a point approximately 4,970’ W of the E section line and approximately4,520’ N of the S section line of said S11. C. Source: Cabin Creek, tributary to St. Vrain Creek. D.Appropriation Date: December 1986, Amount 3 acre feet. E. Use: Commercial, domestic, recreational,piscatorial and fire protection purposes associated with Applicant’s church camp. F. Depth: N/A 4.Provide a detailed outline of what has been done toward completion or for completion of the appropriationand application of water to a beneficial use as conditionally decreed, including expenditures: A. CampSaint Malo Pond No. 5 is a part of a group of decreed water rights which Applicant currently owns in orderto provide an adequate water supply to Camp Saint Malo for both its present and future needs. TheApplicant included the Pond in its decreed Plan of Augmentation (Case No. 86CW390) which coordinatesand integrates all of its water rights. Pursuant to Case Nos. 86CW390 and 86CW392, Camp St. Malo PondNo. 5 will store water in priority for the stated uses, and it will also be utilized to store a portion of theaugmentation water when constructed. The Applicant has operated its water system pursuant to the Plan ofAugmentation since it was decreed. B. A feasibility level study and survey were conducted to verify theengineering feasibility and adequacy of the decree location for Camp Saint Malo Pond No. 5 inthe previous diligence period. During this diligence period, the applicant has pursued approval fromBoulder County to increase the use of Camp Saint Malo, for which Camp Saint Malo pond No. 5 will berequired. The Applicant spent approximately $200,000 on its efforts during the diligence period, whichrecently resulted in a decision from Boulder County that will allow the Applicant to increase the usesubstantially and require development of Camp Saint Malo Pond No. 5. C. The Applicant has continue toupgrade the other facilities within its integrated water system. The Applicant spent approximately$100,000 on those activities during the diligence period. D. The Applicant has continually monitoredwater applications by other appropriators in the vicinity in order to protect its water rights, including CampSaint Malo Pond No. 5. 5. If claim to make absolute-not applicable. ( 4 pages)

2000CW124 JACQUES A. MACHOL, JR. AND DORIS K. MACHOL, 2673 S. Milwaukee Street,Denver, CO 80210-6426. (Paul J. Zilis, Julie S. Erikson, VRANESH AND RAISCH, LLP, 1720 14thStreet, Suite 200, P.O. Box 871, Boulder, CO 80306-0871). APPLICATION FOR WATER RIGHTS,APPROVAL OF PLAN FOR AUGMENTATION AND EXCHANGE, IN CLEAR CREEKCOUNTY.1. Name, address, telephone number(s) (residence and business) of applicant(s).


Jacques A. Machol, Jr. and Doris K. Machol2673 S. Milwaukee StreetDenver, CO 80210-6426(303)830-0075

2. Description of structure(s) to be adjudicated and augmented and from which water is to bediverted by exchange:

A. Name of structure: Pinecrest Trout Pond.

(1) Location of dam: NW 1/4 SE 1/4, Section 8, Township 4 South, Range 73West, 6th P.M., at a point approximately 1,400 feet north of the south sectionline and 1,900 feet west of the east section line.

(2) If off channel reservoir, name and capacity of ditch or ditches used to fillreservoir and legal description for each point of diversion: Pinecrest Trout PondFeeder Canal, located in the SE 1/4 SW 1/4 of Section 8, Township 4 South,Range 73 West, 6th P.M. at a point approximately 700 feet north of the southsection line and 2,400 east of the west section line.

(3) Source: Chicago Creek, tributary to Clear Creek

(4) Date of appropriation: June 1, 1932. The appropriation was initiated byapplication of water to beneficial use.

(5) Amount claimed: 2.5 acre feet absolute, with a rate of diversion of 1 cfs to fillthe reservoir.

(6) Purposes: Piscatorial and recreational uses.

(7) Surface area of high water line: 0.711 acres with a maximum height of the dambeing 8 feet and the length of the dam being 275 feet.

(8) Total capacity of reservoir: 2.5 acre feet.

B. Well No. 044486-F.

(1) Location: NE 1/4 SE 1/4, Section 8, T4S, R73W, 6th P.M., at a point 1,500 feetnorth of the south section line and 1,650 feet west of the east section line, andshown on the map attached hereto as Exhibit E.

(2) Source: groundwater tributary to Chicago Creek.

(3) Depth: 260 feet.

(4) (a) Date of appropriation: January 20, 1995

(b) How appropriation was initiated: issuance of well permit.

(c) Date water applied to beneficial use: January 23, 1995

(5) Amount claimed: 15 gpm absolute.

(6) Use: domestic and commercial.


C. Well No. 044487-F.

(1) Location: NW 1/4 SE 1/4, Section 8, T4S, R73W, 6th P.M., at a point 1,500feet north of the south section line and 1,650 feet west of the east section line,and shown on the map attached hereto as Exhibit E.

(2) Source: groundwater tributary to Chicago Creek.

(3) Depth: 140 feet.

(4) (a) Date of appropriation: January 20, 1995

(b) How appropriation was initiated: issuance of well permit.

(c) Date water applied to beneficial use: January 23, 1995

(5) Amount claimed: 15 gpm absolute.

(6) Use: domestic and commercial

Are there other water rights diverted from this structure(s)? 9 Yes : No

3. Previous decree(s) for water right(s) to be used for augmentation:

3.1 Arduser Ditch

A. Date Entered: Original decree was entered on October 26, 1937. A decree changing thewater right was entered on October 1, 1968.

B. Case No.: CA1709, as changed in Case No. CA2350.

C. Court: Summit County District Court.

D. Type of water right (surface, underground storage): surface.

E. Legal description of point(s) of diversion or place of storage:

15 decreed points of diversion from Peru Creek and tributaries locatedin Sections 9, 16, 17, and 20, T5S, R75W, 6th P.M.

F. Source: Peru Creek and unnamed tributaries, tributary to the Blue River.

G. Amount: 3 cfs.

H. Appropriation: September 8, 1934.

I. Decreed use (if irrigation, include total acreage):

All purposes, including irrigation, domestic and manufacturing.

3.2 The Vidler Tunnel Unit of the Vidler Tunnel Project:

A. Date entered: March 19, 1979.

B. Case No.: CA2371 (diligence decrees were issue in Case Nos. W-3865, 87CW246 and95CW006).


C. Court: Summit County District Court and District Court, Water Division 5.

D. Type of water right (surface, underground storage): surface.

E. Legal description of points of diversion or place of storage: The Vidler Tunnel Unitconsists of 25 separate points of diversion, located in the upper reaches of the Peru Creekdrainage basin in portions of Sections 6, 7, 9, 16, 17, 18, 19, 20 and 21, T5S, R75W, andSection 12, T5S, R76W, 6th P.M.

F. Source: Various named and unnamed tributaries of Peru Creek, which is tributary to theBlue River.

G. Amount: 39.8 cfs, of which 21.6 cfs were made absolute by decree of the District Court,Water Division 5 (“Water Court”), entered January 30, 1980, in Case No. W-3865; 6.6cfs were made absolute by decree of said Water Court, entered January 9, 1989 in CaseNo. 87CW246; and 3.6 cfs were made absolute by decree of said Water Court, enteredJuly 13, 1995 in Case No. 95CW006.

H. Appropriation: July 28, 1959.

I. Decreed use (if irrigation, include total acreage): domestic, agricultural, industrial andmunicipal uses.

3.3 Henderson Mine Developed Water

A. Date entered:

(1) Water Division No. 1 Decrees: Decreed as conditional on September 5, 1973, andmade absolute on July 16, 1980.

(2) Water Division No. 5 Decrees: Decreed as conditional on August 10, 1973, and madeabsolute on March 17, 1978.

B. Case Nos.:

(1) Water Division No. 1 decrees: Case Nos. W-7158, W-715877, 81CW275 and85CW235.

(2) Water Division No. 5 decrees: Case Nos. W-1700 and W-1700A-77.

C. Courts: District Courts, Water Division Nos. 1 and 5, Colorado.

D. Type of water right (surface, underground storage): non-tributary groundwater.

E. Legal description of points of diversion or place of storage:Beginning at a point at the center of Shaft No. 1 whence USLM Mineral Monument Ruebears N. 73 decrees 42' E a distance of 3208.4 feet. This is an unsurveyed area butappears to be in Section 25, Township 3 South, Range 76 West of the 6th P.M., ClearCreek County.

Alternate Point of Diversion: Henderson Shaft No. 2 -- Beginning at a point at the centerof Shaft No. 2 whence USLM Mineral Monument Rue bears N. 77 degrees 16' 46" E adistance of 4931.33 feet. This is an unsurveyed area but appears to be in Section 25,Township 3 South, Range 76 West of the 6th P.M., Clear Creek County.


Note: The Rue Mineral Monument is located at North Latitude 39 degrees 46' 17" andWest Longitude 105 degrees 49' 58".

F. Source: non-tributary groundwater from the Henderson Mine.

G. Amount: 5 cfs absolute from Water Division 1; 0.349 cfs absolute from Water Division5.

H. Appropriation: April 1, 1967

I. Decreed use (if irrigation, include total acreage): industrial, domestic, irrigation,municipal, piscatorial, recreational and all other lawful uses.

4. Historic use: (include a description of all water rights to be used for augmentation, a map showingthe approximately location of historic use of the rights and records or summaries of records ofactual diversions of each right the applicant intends to rely on to the extent such records exist.)

A. The Arduser Ditch and the Vidler Tunnel Unit of the Vidler Tunnel Project providetransmountain water from the Colorado River drainage. They have historically been usedfor multiple purposes including transmountain uses.

B. The Henderson Mine water right is decreed as a non-tributary developed water source. Itis not subject to the priority system.

5. Statement of plan for augmentation and exchange, covering all applicable matters under Sections37-92-103(9), 302(1)(2) and 305(8), C.R.S. Give full details of plan, including a description of allwater rights to be established or changed by the plan.

A. This plan is intended to replace all out of priority depletions from the Pinecrest TroutRanch, located in Section 8, T4S, R73W, 6th P.M., in Clear Creek County.

B. The Pinecrest Trout Pond is an off-stream reservoir on Chicago Creek, tributary to ClearCreek. It is 0.711 surface acres in size and has been in existence since approximately1932. Evaporation depletions from Pinecrest Trout Pond occur during the months ofMay through November.

C. Well Nos. 044486-F and 044487-F provide water service to 7 guest cabins and themanager’s cabin. The permitted maximum pumping rate for each well is 15 gpm. Thereis no outside irrigation.

D. Net depletions from all uses are approximately 1.25 acre feet per year.

E. Replacement water is provided from the augmentation sources referenced above. Thereplacement water shall be exchanged up Chicago Creek from Clear Creek to thePinecrest Trout Ranch, a distance of approximately 12,900 feet. Long-term contractshave been secured with the Vidler Water Company for 1.0 acre feet of water from theArduser Ditch and the Vidler Tunnel Project and with the Board of CountyCommissioners of the County of Clear Creek for 0.45 acre feet of water from theHenderson Mine. Water from the Arduser Ditch and the Vidler Tunnel Unit will beavailable during the months of June through October. Water from the Henderson Minewill be available during the months of November to May.

F. The downstream terminus of the exchange requested herein is the confluence of ChicagoCreek and Clear Creek located in the southwest quarter of Section 35, T3S, R73W, 6thP.M. The upstream terminus of the exchange is the location of the water rights described


in paragraph 2 above. Applicants seek an August 6, 1999 priority date in connection withthe subject plan for exchange.

6. Name(s) and address(es) of owner(s) of land on which structures are located:

Jacques A. Machol, Jr. and Doris K. Machol, 2673 S. Milwaukee Street, Denver, Colorado 80210-6426.

Vidler Water Company, Inc., 419 Canyon Avenue, Suite 200, Fort Collins, Colorado 80521.

Phelps Dodge Corporation, 2600 N. Central Avenue, Phoenix, Arizona 85004-3014. (7 Pages;Exhibits 5 pages)

96CW958 CITY OF EVANS , Evans Community Complex, 1100 37th Street, Evans, CO 80620-2036. Attn: Earl H. Smith, Director of Public Works. (David W. Robbins, Dennis M. Montgomery, HILL& ROBBINS, 1441 - 18th St., #100, Denver, CO 80202). SECOND AMENDMENT TOAPPLICATION FOR CHANGES OF WATER RIGHTS AND APPROVAL OF EXCHANGE, INLARIMER AND WELD COUNTIES.

In 1998 and 1999, the City of Evans acquired an additional 35.67 shares of stock in the Greeleyand Loveland Irrigation Company (GLIC), 3 additional contract rights in the Loveland and GreeleyReservoir (Lake Loveland), and an additional 14 shares of stock in the Seven Lakes Reservoir Company(Seven Lakes) (collectively referred to herein as the “Companies”). Copies of the stock and contractcertificates acquired by the City of Evans are included with this amendment. The City of Evans herebyamends its application to include these additional shares and contract rights in the application for change ofwater rights and exchange filed in December 1996, and published in the December 1996 resume, asamended by the first amendment filed in June 1998 and published in the June 1998 resume. All objectorshave consented to this amendment.

1. The name, mailing address, and telephone number of Applicant:City of EvansEvans Community Complex1100 37th StreetEvans, CO 80620-2036Attn: Earl H. Smith, Director of Public WorksTelephone: (970) 339-5344, Ext. 110

2. Decreed name of structures for which changes are sought:The water rights for which changes are sought are described in the original application.3. Proposed Changes:Applicant's additional shares and contract rights were used to irrigate approximately 453.5 acres

and, when developed, will be served by Applicant's municipal system. A map showing the location of thehistorical use of Applicant's shares and contract rights is included with this amendment.

Applicant seeks approval to deliver water available under its additional shares and contract rightsto Boyd Lake and/or Lake Loveland for treatment by the City of Greeley, which water will then bedelivered to the City of Evans for municipal purposes in the same manner as described in the originalapplication in this case. Applicant further seeks approval to deliver water available under these additionalshares and contract rights to the Big Thompson River or the South Platte River as necessary to maintainhistorical return flows in the same manner as described in the original application. Until property whichhas been annexed to the City of Evans is developed, Applicant seeks the right to lease these additionalshares and contract rights for irrigation use.

Applicant will not change the points of diversion at which water is diverted under the Companies’water rights; however, Applicant seeks approval to deliver water available under its additional shares andcontract rights to Boyd Lake and/or Lake Loveland for treatment as necessary to meet Applicant's demandfor municipal use. A map showing the decreed points of diversion and Applicant's current and futureservice area is included with the original application. To protect the interests of other owners of shares orcontract rights, Applicant will continue to pay its share of assessments.


These additional shares and contract rights were also used in Sector VII as described in the

its shares and contract rights based on the same procedure described in the original application.

shares and contract rights exceed its historical return flow obligations, Applicant requests approval to make

exchange. :

this application are owned by the Companies or the address is 808 23rd Avenue, Greeley, Colorado 80631. The address of the Company is c/o Steve Abeyta Court, Loveland, Colorado 80538.

:

original application.

and the first amendment published in the June 1998 resume remain unchanged. (3 Pages-Map 2 pages)

until the last day of to file

certain application should not be granted or why it should be granted only in part or on certain conditions.

and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5,MARY A. CRESPIN, Water Clerk, Water Division 1, POB “C”, Greeley,

RULINGS ENTERED BY REFEREE LIESMAN ON JULY 21, 2000

LOST PARK RANCH OWNERS ASS. PAGES 02

99CW216 DOUGLAS

99CW211 ARAPAHOEPARISH

RICHARD & DENISE JEFFERSON

99CW036 LOGAN PAGES 06

COORS BREWING CO & CITY JEFFERSON/OF IDAHO SPRINGS CLEAR CREEK/PARK

ALBERT HODGSON PAGES 03

LARRY DIRKS PAGES 03

99CW221 DOUGLAS

99CW121 MORGAN/ PAGES 04

99CW011 PAHOE COUNTY WATER PAGES 06DOUGLAS

WILLIAM & SUSAN SIPPLE PAGES 05


95CW259 CWCB GILPIN PAGES 04

95CW260 CWCB BOULDER PAGES 04

RULILNG ENTERED BY REFEREE LIESMAN ON JULY 26, 2000

99CW102 MORGAN COUNTY QUALITY WATER MORGAN/ PAGES 05DISTRICT WELD/WASHINGTON

ORDER DISMISSING APPLICATION ENTERED BY JUDGE HAYS ON 07-21-2000

97CW250 HAYSTACK RANCH DOUGLAS PAGES 01DECREES ENTERED BY JUDGE HAYS ON 07-21-2000

97CW289 HENRY & BARBARA JEFFERSON PAGES 06KERSCHBAUM

97CW382 PUBLIC SERVICE CO. ADAMS PAGES 05IN SOUTH PLATTE RIVER

97CW389 ASPHALT PAVING CO ADAMS/WELD PAGES 02

98CW227 BERNARD & CHERY LOGAN//ORGAN PAGES 14HOOGLAND LIVING WASHINGTONTRUST

99CW145 FREUND & CO & ARAPAHOE PAGES 09FREUND INVESTMENTS

CONDITIONAL DECREE ENTERED BY JUDGE HAYS ON 07-21-2000

99CW213 ABBEY OF ST LARIMER PAGES 05WALBURGA

CONDITIONAL DECREE ENTERED BY JUDGE HAYS ON 07-21-2000

98CW471 JACKSON CREEK DOUGLAS PAGES 12PROPERTIES

DECREE ENTERED BY JUDGE HAYS ON 07-31-2000

97CW327 DAVID & JEANNIE JEFFERSON PAGES 02ERICKSON

Documents

TO ALL PERSONS INTERESTED IN WATER APPLICATIONS IN …Paul J. Zilis , VRANESH AND RAISCH, LLP, 1720 14 th Street, Suite 200, P.O. Box 871, Boulder, CO 80306-0871. APPLICATION FOR CHANGE