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DISTRICT COURT, WATER DIVISION 1, COLORADO MARCH 2017 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of MARCH 2017 for each County affected.

17CW19 ROBERT W. AND VIRGINIA L. REGAN, 10593 Pine Valley Drive, Franktown, CO 80116. 303-408-0277. APPLICATION FOR CONDITIONAL UNDERGROUND WATER RIGHT IN DOUGLAS COUNTY. Well, permit 146038, located SW1/4, SE1/4, S17, T8S, R65W of the 6th PM at a distance 1231 ft. from S and 2249 ft. from E. Easting 526732.6, Northing 4355768.5. Deerfield subdivision; Lot 103. Source: Upper Dawson. Depth: 350. Amount: 15 gpm, Conditional, one af, Conditional. Date of appropriation: 11-14-86. How appropriation was initiated: Permit. Date water applied to beneficial use: 12-11-86. Use: Operate a household, small yard on a septic system. 17CW20 VIOLA MAE FRANK, 13411 WCR 38 1/2, Platteville, CO 80651. 970-737-2192. APPLICATION FOR CORRECTION FOR AN ESTABLISHED BUT ERRONEOULSY DESCRIBED POINT OF DIVERSION PURSUANT TO §37-92-305(3.6), C.R.S. IN WELD COUNTY. Frank Well No 1-20079-R. The location of the well was erroneously described in Case No. W-2296 is the SE1/4 of NW1/4 of S32, T4N, R66W of the 6th PM at a point whence the W1/4 corner bears S 62 degrees 05 minutes West a distance of 1866 ft. The actual physical location of the well is X 516555, Y4457688. 17CW21 GARY D AND CINDY K. MATSCHKE, PO BOX 1424, Elizabeth, CO 80107. 303-646-3384. APPLICATION FOR UNDERGROUND WATER RIGHTS IN THE DENVER BASIN AQUIFERS UNDERLYING APPLICANT’S PROPERTY IN ELBERT COUNTY. Applicant seeks to adjudicate the well, permit 180825, and to adjudicate the non tributary and not nontributary Denver Basin groundwater underlying a 60 acre tract of land lying in the NW1/4, NE1/4, S2, T9S, R65W of the 6th PM including the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers. 17CW22 BONITA MARIE DOUGLASS (KERSTIENS), 6638 CR 23 1/2, Ft. Lupton, CO 80621. 720-936-3645. APPLICATION FOR ABSOLUTE UNDERGROUND WATER RIGHT IN WELD COUNTY. Well, permit 198087-A located SW1/4, NE1/4, S36, T2N, R67W of the 6th PM at a distance 1890 ft. from N and 2350 ft. from E. UTM coordinates Easting 513713.1; Northing 4438500.8. Depth: 40 ft. drilled into Alluvial Aquifer. Date of appropriation: 2-10-10. How appropriation was initiated: Change of Ownership. Date water applied to beneficial use: 9-18-96. Well draws from nontributary groundwater. Amount: 15 gpm absolute. Use: Ordinary household purposed inside one single family dwelling, watering of domestic animals and irrigation of not more than 3 acres of home, gardens and lawn. 17CW23 EDWARD O. AND LAURIE JEAN PETERSON, 37393 Polo Run Drive, Elizabeth, CO 80107. 303-646-1561. APPLICATION FOR UNDERGROUND WATER RIGHTS IN THE DENVER BASIN AQUIFERS IN ELBERT COUNTY. Applicant seeks to adjudicate the well, permit 179074, and to adjudicate the non tributary and not nontributary Denver Basin groundwater underlying a 2.67 acre tract of land lying in the NW1/4, SW1/4, S30, T7S, R64W of the 6th PM including the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers. 17CW24 THOMAS F. FEENEY, POB 595, Watkins, CO 80137-595. 303-693-1367. APPLICATION FOR UNDERGROUND WATER RIGHTS IN THE DENVER BASIN AQUIFERS IN ARAPAHOE COUNTY. Applicant seeks to adjudicate the well, permit 297596, and to adjudicate the non tributary and not nontributary Denver Basin groundwater. The two 40 acre tracts comprise the north

 

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1/2 of the north 1/2 of section 33, T4S, R64W of the 6th PM which is a total of 80 acres, including the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers.  17CW25 BELLA FARMS, LLC, 13278 CR 32, Platteville, CO 80651. 970-785-2415. APPLICATION FOR CORRECTION FOR AN ESTABLISHED BUT ERRONEOULSY DESCRIBED POINT OF DIVERSION PURSUANT TO §37-92-305(3.6), C.R.S. IN WELD COUNTY. Salamanca Well 1-12561-R, WDID 0207933. The location of the well as erroneously decreed in Case No W-1040 is a point 2615 ft. S and 2479 ft. E of the NW corner of S7, T3N, R66W of the 6th PM. The actual physical location, as determined by White Sands Engineers using GPS is E 515181, N 4454394. 17CW3040 David W. Hunt and Kayleen J. Hunt, 14460 WCR 40, Platteville, Colorado 80651, Telephone: (970) 737-2437; (P. Andrew Jones, #29076, Ryan M. Donovan, #44435, Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO 80534, Telephone: (970) 622-8181, E-mail: paj@ljcglaw.com; ryan@ljcglaw.com); APPLICATION TO CORRECT AN ESTABLISHED BUT ERRONEOUSLY DESCRIBED POINT OF DIVERSION PURUSANT TO CRS § 37-92-305(3.6) IN WELD COUNTY. 2. Name of Structure: Lorenz Well No.3. 2.1. Original Decree: 2.1.1. Case No. W-1826, Water Division No. 1. 2.1.2. Adjudication date: June 1, 1978. 2.1.3. Appropriation date: July 31, 1938. 2.1.4. Decreed Location: In the SW1/4 of the SW1/4 of Section 26, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado, at a point 100 feet South and 100 feet West of the NE Corner of the SW1/4 SW1/4 of Section 26. 2.1.5. Source: Groundwater, tributary to the South Platte River. 2.1.6. Decreed flow rate: 2.56 c.f.s., absolute. 2.1.7. Decreed Use: Irrigation of 300 acres in the W1/2 of Section 26, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado. 2.1.8. Well Permit: 218-R. 2.1.9. WDID: 0207041. 3. Change of well location: Lorenz Well No.3 meets the requirements of an established but erroneously described point of diversion under CRS 37-92-305(3.6). The point of diversion for Lorenz Well No. 3 has been in the same location since the W-1826 Decree was entered, but is not located in the decreed location. However, Lorenz Well No. 3 has been diverted with the intent to divert pursuant to the W-1826 Decree. The established point of diversion for Lorenz Well No. 3 is located more than 200 feet from the originally decreed location. Applicant seeks to change the decreed location of Lorenz Well No. 3 to the actual location of the well, which is approximately 470 feet from the originally decreed location. The correct location is as follows: GPS Coordinates: NAD 83, Easting 521156, Northing 4458685. Upon entry of a decree approving this Application, Applicant will apply to the Colorado Division of Water Resources to obtain new well permits reflecting this corrected location. 4. Name and address of owner of land on which structure is located: Applicants own the structure and the land upon which the structure is located. This application consists of 3 pages.

17CW3041 PHILIP A. AND ELAINE L. MUELLER, 4990 S. Highway 83, Franktown, Colorado 80116, Telephone: 303-688-7415, E-Mail: m_ranch@mesanetworks.net. Please direct all correspondence and pleadings in this matter to: Peggy E. Montaño and April H. Killcreas, TROUT RALEY, 1120 Lincoln Street, Suite 1600, Denver, Colorado 80203, Telephone: 303-861-1963, Fax: 303-832-4465, pmontano@troutlaw.com; akillcreas@troutlaw.com. APPLICATION FOR DETERMINATION OF UNDERGROUND WATER RIGHTS IN THE DENVER BASIN AQUIFERS IN DOUGLAS COUNTY, COLORADO. 1. Name, Mailing Address, Telephone, and E-mail Address of the Applicants. See above. 2. Summary of Application. By this Application, the Applicants request an adjudication of their ground water rights in the not nontributary Upper Dawson aquifer and the nontributary Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers underlying approximately 48 acres of property located in Douglas County, Colorado. The Applicants also seek to withhold .143 acre-feet per acre, for a total of 6.86 acre-feet per year, of not nontributary water from the Upper Dawson aquifer from this adjudication. This application does not request approval of a plan for augmentation for withdrawals from the not nontributary Upper Dawson aquifer. 3. Legal Description of

 

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Subject Property. The property which is the subject of this application consists of approximately 48 acres of land located in the South 1/2 of Section 13, Township 9 South, Range 66 West and in the Southwest 1/4 of Section 18, Township 9 South, Range 65 West of the 6th Principal Meridian, in Douglas County, Colorado (“Subject Property”), as more particularly described in Exhibit A and as highlighted in red on the map attached to the application as Exhibit B. 4. Well Permit Information. There is currently one well located on the Subject Property that is drilled into the Upper Dawson aquifer formation, permitted under Permit No. 177127. This well was permitted pursuant to C.R.S., Section 37-92-602(3)(b)(II)(A). A copy of this well permit is attached to the application as Exhibit C. The well permitted under No. 177127 is located in the Northeast 1/4 of the Southeast 1/4 of Section 13, Township 9 South, Range 66 West of the 6th Principal Meridian, in Douglas County, Colorado, 2796 feet from the North section line and 72 feet from the East section line of said Section 13. Any additional wells necessary for the withdrawal of ground water adjudicated pursuant to this application will be located at any location on the Subject Property subject to Section 37-90-137(4), C.R.S., and permits will be obtained prior to the drilling of such wells into the Denver Basin Aquifers. 5. Source of Water. A. The sources of the ground water underlying the Subject Property are the nontributary Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers as well as the not nontributary Upper Dawson aquifer. B. The withdrawal of ground water from the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers will not, within 100 years, deplete the flow of a natural stream, at an annual rate greater than one-tenth of one percent (.1%) of the annual rate of withdrawal. The groundwater to be withdrawn from the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers is nontributary groundwater, as defined in 37-90-103(10.5), C.R.S., and the Denver Basin Rules, 2 C.C.R. 402-6. C. The groundwater to be withdrawn from the Upper Dawson aquifer is, as presumptively established in the Denver Basin Rules, not nontributary, as described in C.R.S. § 37-90-103(10.7). Withdrawals of groundwater from the Upper Dawson aquifer as applied for herein will require replacement by augmentation of actual stream depletions to the affected stream system to the extent necessary to prevent any injurious effect, pursuant to Section 137 and the Denver Basin Rules, 2 C.C.R. 402-6. This application does not request approval of a plan for augmentation; if required by law, the Applicant shall apply for and obtain this Court’s approval of a plan for augmentation by a separate proceeding prior to the withdrawal of any not nontributary Upper Dawson aquifer groundwater applied for herein. 6. Estimated Amounts Claimed and Rates of Withdrawal. Applicants request the right to withdraw all of the legally available groundwater from nontributary and not nontributary sources underlying the Subject Property at rates of flow necessary to withdraw the entire amount permitted under any decree granted pursuant to this application. Applicants will withdraw all of the groundwater in all aquifers through wells to be located anywhere on the Subject Property. Said amounts may be a) withdrawn over the 100 year life of the aquifers as set forth in C.R.S. Section 37-90-137(4), as adjusted for the amount of water already withdrawn under Well Permit No. 177127; b) withdrawn over a longer time based upon actual withdrawal or local government regulations; or c) withdrawn subject to the banking provisions of Rule 8.A of the Statewide Nontributary Groundwater Rules, 2 C.C.R. 402-7. The estimated average annual amounts of withdrawal from the subject aquifers, as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. Applicants estimate that the following values are representative of the aquifers underlying the Subject Property:

Aquifer Overlying Acreage

Saturated Thickness

(Ft)

Specific Yield Estimated Annual Amount

(AF) Upper Dawson

48 200 20% 15.2

Lower Dawson

48 150 20% 14.4

Denver

48 250 17% 20.4

Arapahoe 48 300 17% 16.3

 

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Laramie-Fox Hills

48 190 15% 13.7

A. To facilitate the Applicants’ potential development of the Subject Property in the future, the Applicants reserve .143 acre-feet per acre, for a total of 6.86 acre-feet per year, of Upper Dawson Aquifer groundwater underlying the Subject Property for use through exempt wells to be constructed at a later date. B. The average annual amounts available for withdrawal from each aquifer will depend upon the hydrogeology and the legal entitlements of the Applicants to all groundwater in those aquifers underlying the Subject Property. The final determinations of the quantity of water in each aquifer underlying the Subject Property shall be made by the Office of the State Engineer in accordance with the Denver Basin Rules, 2 C.C.R. 402-6. 7. Well Fields. The Applicants request that this Court determine that the Applicants have the right to withdraw all of the legally available groundwater in the subject aquifers lying below the land described in Paragraph 3 above, through wells that will be constructed in the future as part of the Applicants’ water supply system. The Applicants request that these wells be treated as a well field. As the Applicants’ wells are constructed, applications will be filed in accordance with Section 37-90-137(10), C.R.S. 8. Uses or Proposed Uses. The subject groundwater will be used, reused, successively used, and after use, leased, sold, or otherwise disposed of for the following beneficial purposes: municipal, domestic, industrial, commercial, irrigation, stock watering, recreational, fish and wildlife, and any other beneficial purpose, to be used on or off the land described in Paragraph 3 above. Such water will be produced for immediate application to such uses, for storage and subsequent application to such uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 9. Jurisdiction. The water court has jurisdiction over the subject matter of this application pursuant to Sections 37-92-302(2) and 37-90-137(6), C.R.S. 10. Remarks. A. Applicants will continue to withdraw groundwater from the Upper Dawson aquifer from the well permitted under Permit No. 177217 for ordinary household purposes inside three single family dwellings, fire protection, the watering of poultry, domestic animals, and livestock, and the irrigation of not more than one acre of home gardens and lawns. Applicants will reduce withdrawals from any other wells approved to withdraw not nontributary groundwater underlying the Subject Property so that total annual withdrawals do not exceed the amount decreed pursuant to this application, subject to the banking provisions of the Statewide Nontributary Ground Water Rules, 2 C.C.R. 402-7. B. Applicants waive any six-hundred foot spacing rules as described in C.R.S. § 37-90-137(2), as between all wells located on the Subject Property, to the extent that additional wells are drilled in the future. C. Applicants claim the right to withdraw more than the average annual amounts estimated in Paragraph 6 pursuant to Rule 8A of the Statewide Nontributary Ground Water Rules, 2 C.C.R. 402-7. D. Applicants request a quantification and adjudication of their rights to any nontributary water and any to which they are entitled to develop and use under the law. E. Applicants request an adjudication of their rights to use any not nontributary groundwater from the Upper Dawson aquifer to which they are entitled to develop and use under the law. Applicants therefore request: (1) a quantification of their right to any such not nontributary water underlying their property; (2) a confirmation of their right to use, reuse, successively use, and otherwise dispose of all such not nontributary groundwater, as provided in Paragraph 8 above, after lawful compensation of depletions. F. Although Applicants have estimated the amounts of water available for withdrawal from the subject aquifers based upon estimates of relative values of specific yield and saturated thicknesses, Applicants request the right to revise those estimates upward or downward, based upon better or revised data, without the necessity of amending this application or republishing the same. 11. Name and Address of Landowner. Applicants are the owners of the Subject Property. WHEREFORE, Applicants Philip and Elaine Mueller respectfully request that this Court enter a decree: 1. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court shall be specifically retained; and 2. Adjudicating all of the groundwater underlying the Subject Property, less .143 acre-feet per acre (6.86 acre-feet per year) of not nontributary groundwater from the Upper Dawson aquifer; and 3. Specifically determining that: A. Applicants have complied with Section 37-90-137(4), C.R.S., and that water is

 

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legally available for withdrawal by the Applicants, but that jurisdiction may be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near Applicants’ property, pursuant to Section 37-92-305(11), C.R.S.; B. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals proposed herein; C. The groundwater in the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers claimed in this application is “nontributary groundwater” as defined in Section 37-90-103(10.5), C.R.S.; D. The groundwater in the Upper Dawson aquifer claimed in this application is “not nontributary groundwater” as defined in Section 37-90-137(9)(c), C.R.S. Withdrawal of such groundwater shall require a plan for augmentation to replace an amount equal to actual depletions to the affected stream system caused by withdrawals from the Upper Dawson aquifer; E. No findings of reasonable diligence are required to maintain the water rights applied for herein; F. Applicants may construct additional wells as needed for the withdrawal of the ground water at issue herein, pursuant to Section 37-90-137(10), C.R.S.; G. The wells constructed into each of the subject aquifers constitute a “well field” and that the pumping rate shall be that necessary to withdraw the total allowed annual amounts of withdrawal, to meet system peaking demands, or to comply with any demand or design of the water delivery system; and H. Applicants may withdraw an amount of groundwater in excess of the total allowed average annual amount of withdrawal pursuant to Rule 8A of the Statewide Nontributary Ground Water Rules, 2 C.C.R. 402-7; and 4. Granting any such other relief as this Court deems proper. (7 pages) 17CW3042 The Groundwater Management Subdistrict of the Central Colorado Water Conservancy District (District), 3209 West 28th Street, Greeley, Colorado 80634. Lawrence Jones Custer Grasmick, LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO, 80534. APPLICATION TO ADD WELLS TO AUGMENTATION PLAN IN WELD COUNTY. 2. Augmentation Plan. Applicant operates an augmentation plan decreed in Case No. 02CW335. ¶14.5 of the decree in Case No. 02CW335 (Decree) allows the addition of wells to the plan subject to notice and terms and conditions. 3. Structures to be Added and Augmented. 3.1. Decreed Name of Structures to be Added and Augmented. Herbster Well #2-11990-RR (WDID 0205040); Geis Well No. 1-(unregistered) (WDID 0206376), hereinafter “Wells.” 3.2. Name and Address of Well Owners. Shannon S. and Donna L Stevenson, 22260 WCR 52, Greeley, CO 80631 (Stevenson Well No. 1). Roger Boulter, Inc. and Harry Strohauer 19953 WCR 50, LaSalle, CO 80645 (Geis Well No. 1). 3.3. Herbster Well Decree. A decree was entered in Water Court, Water Division No. 1, Case No. W-1448 on October 9, 1974, adjudicating Herbster Well #2 in the SE1/4 NE1/4 Section 35, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado at a point 1725 feet East and 1940 feet South of the NW corner of Section 35, in the amount of 2.0 c.f.s absolute with an first appropriation date of March 7, 1943 and in the amount of 0.55 c.f.s. absolute with an second appropriation date of May 6, 1970 for the irrigation of 43 acres located in part of the E1/2 NW1/4 Section 35, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado, and also 50 acres located in part of the SE1/4 Section 26, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado. 3.4. Geis Well No. 1 Decree. A decree was entered in Case No. W-3118 on November 8, 1973, adjudicating Geis Well No. at a point 1330 feet North and 1440 feet East of the SW Corner of Section 5, Township 4 North, Range 65 West of the 6th P.M., Weld County, Colorado in the amount of 2.50 c.f.s. absolute, with appropriation date August 31, 1942 for irrigation of 80 acres in the NW1/4 SW1/4 and NE1/4 SW1/4 of Section 5, Township 4 North, Range 65 West of the 6th P.M., Weld County, Colorado. 3.5. GMS Contracts. Herbster Well #2, Contract 1156; Geis Well No. 1, Contract 1166. 4. Proposed Terms and Conditions. 4.1. The terms and conditions for the Wells will be the same as for the other Member Wells in the Decree. The consumptive use factors will be 60% for flood irrigated acres and 80% for sprinkler irrigated acres. The method for determining future Well depletions will be those set out in the Decree at ¶17.3.3.2. The Wells will be subject to all the terms and conditions for operation as for other Member Wells in the Decree. 4.2. Net Stream Depletions. Depletions resulting from the consumptive use of groundwater and accretions resulting from deep percolation of groundwater

 

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applied for irrigation will be lagged back to the South Platte River using the Glover alluvial aquifer method and the following parameters.

Aquifer Parameters Admi

n. Reach WDID

Distance from Well to Stream (ft)

Distance from Boundary to Stream

(ft)

Storage Coefficient

Harmonic Mean Transmissivity

(gpd/ft)

0205040

16,830 23,590 0.2 164,700 B

0206376

11,820 23,000 0.2 185,700 C

4.3. Out of priority depletions from pumping of the Wells will be augmented by GMS.

17CW3043 Front Range Feedlots, LLC, P.O. Box 517, Eaton, Colorado 80615. Please send correspondence and pleadings to: David P. Jones and Wesley S. Knoll, Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO 80534. (970) 622-8181; david@ljcglaw.com ; wes@ljcglaw.com. APPLICATION FOR UNDERGROUND WATER RIGHTS AND APPROVAL OF PLAN FOR AUGMENTATION, in LARIMER COUNTY. 2. Names of Underground Water Rights: 2.1. Horton Well No. 1; Well Permit No. 80568-F 2.1.1. Legal Description of the Well: The well is located in the NW1/4 of the NW1/4 of Section 26, Township 9 North, Range 68 West of the 6th P.M. at a point 115 feet from the North section line and 1150 feet from the West section line. 2.1.2. Source: Groundwater, tributary to the Cache la Poudre River 2.1.3. Appropriation Date: January 13, 2017 (date of well permit application). 2.1.4. How appropriation was initiated: By diversion of water and application to beneficial use. 2.1.5. Amount: 600 g.p.m., of which 250 g.p.m. is absolute 2.1.6. Use: Commercial uses in connection with livestock feeding operations by Applicant. 2.1.7. Remarks. This well is an existing structure originally decreed for irrigation in Case W-2505 and permitted under Well Permit 19430-R-R. 2.2. Horton Well No. 2; Well Permit No. 80569-F 2.2.1. Legal Description of the Well: The well is located in the NW1/4 of the NW1/4 of Section 26, Township 9 North, Range 68 West of the 6th P.M. at a point 565 feet from the North section line and 1215 feet from the West section line. 2.2.2. Source: Groundwater, tributary to the Cache la Poudre River 2.2.3. Appropriation Date: January 13, 2017 (date of well permit application) 2.2.4. How appropriation was initiated: By diversion of water and application to beneficial use. 2.2.5. Amount: 600 g.p.m., of which 200 g.p.m. is absolute 2.2.6. Use: Commercial uses in connection with livestock feeding operations by Applicant. 2.2.7. Remarks. This well is an existing structure originally decreed for irrigation in Case W-2505 and permitted under Well Permit 19430-S-R. 3. Plan for Augmentation 3.1. Structures to be augmented: Horton Wells Nos 1 and 2 and any replacement, or supplemental well. 3.2. Water Rights to be Used for Augmentation: 3.2.1. Excess augmentation credits from Case No. 06CW114, including those derived from the following water rights: 3.2.1.1. Nine (9) shares of the Ogilvy Irrigating and Land Company previously changed for augmentation use in 06CW114; 3.2.1.2. Recharge accretions from the Swanson Recharge Pond decreed in 06CW114; 3.2.1.3. Augmentation credit including recharge accretions from the decree in 04CW25/06CW295 dated 1/21/2014, and water rights described therein; 3.2.1.4. Thirty-three shares in the New Cache la Poudre Irrigating Company being changed for augmentation use in 08CW178; 3.2.1.5. Thirty-eight shares in the Cache la Poudre Reservoir Company being changed for augmentation use in 08CW178. 3.2.2. Fully consumable and/or non-tributary water leased from Wellington Water Works, LLC, including water rights decreed in Case No. 05CW343. 3.2.3. Applicant may lease, purchase, or otherwise acquire and use additional replacement and augmentation supplies in this plan, and claims the right to do so without amending or republishing this application if such additional supplies are decreed by the water court or approved by the Sate Engineer’s Office for augmentation, or are otherwise lawfully available for such

 

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use. 3.3. Statement of Plan for Augmentation: Applicant and Three T Investments own and operate adjacent feedyards located in Section 11 of Township 9 North, Range 68 West of the 6th P.M. Horton Wells Nos. 1 and 2 are used to provide drinking water and dust suppression and other commercial uses associated with the feedyards’ operations for up to a total of approximately 15,000 head of cattle. Diversions from the Wells cause depletions to Box Elder Creek, a tributary of the Cache la Poudre River. To the extent that the depletions are out of priority, the plan will replace such out of priority depletions as necessary to prevent injury to vested water rights. 3.3.1. Operation. Daily diversions by the Wells will be measured with totalizing flow meters, and recorded and submitted as required by the Division Engineer. The delayed depletive effect will be determined and accounted for and Applicant will use the water rights described in Paragraph 3.2 above to replace out of priority depletions in time, location and amount. The original format of this application is three (3) pages in length. 17CW3044 Town of Castle Rock (“Applicant”), Attn: Mark Marlowe, Director of Castle Rock Water, 175 Kellogg Court, Castle Rock, Colorado 80109, (720) 733-6000 (Jeffrey J. Kahn, Madoline Wallace-Gross, Lyons Gaddis Kahn Hall Jeffers Dworak & Grant, PC, P.O. Box 978, Longmont, CO 80502-0978, (303) 776-9900). APPLICATION FOR WATER RIGHTS IN DOUGLAS COUNTY. 2. Description of Proposed Change in Surface Point of Diversion. Applicant owns Castle Rock Surface Diversion No. 1, which was identified as the point of diversion for one conditional surface water right and five conditional exchanges in Case No. 12CW296, District Court, Water Division No. 1. Applicant determined that the actual location of Castle Rock Surface Diversion No. 1 is 471 feet upstream of the decreed location, and Applicant seeks a simple change of surface diversion point to correct the location in each of the water rights. A map showing the actual location and the decreed location of Castle Rock Surface Diversion No. 1 is attached to the application as EXHIBIT A. 3. Decree. Case No. 12CW296, District Court, Water Division No. 1, entered April 19, 2016 (“Decree”). 4. Decreed Legal Description Castle Rock Surface Diversion No. 1. Located in the SW1/4 NW1/4 of Section 2, T. 8 S., R. 67 W., 6th P.M. 2083 feet from the north section line and 1086 feet from the west section line. The UTM coordinates are NAD 83, Zone 13, Easting: 511689, Northing: 4359580. 5. New (Actual) Legal Description Castle Rock Surface Diversion No. 1. Located in the SE1/4 NW1/4 of Section 2, T. 8 S., R. 67 W., 6th P.M. 2205 feet from the north section line and 1550 feet from the west section line. The UTM coordinates are NAD 83, Zone 13, Easting: 511851, Northing: 4359533. 6. Water Rights Decreed for Diversion at Castle Rock Surface Diversion No. 1. 6.1. Conditional Surface Water Right for Castle Rock Surface Diversion No. 1. Decreed Amount: 30.0 c.f.s., conditional. Date of Appropriation: August 31, 2015. Source: East Plum Creek. Proposed Uses: Direct use for municipal, augmentation, replacement and exchange within Applicant’s water service boundaries as such exist now or may exist in the future, with the right to use, reuse, successively use and store the return flows to extinction. Amount Sought to be Changed: 30.0 c.f.s., conditional. 6.2 Conditional Chatfield Reservoir to Castle Rock Surface Diversion No. 1 Exchange. Decreed Amount: 15.0 c.f.s., conditional, subject to cumulative flow rate limitations and annual and 20 year volumetric limitations in combination with other exchanges in the Decree. Downstream Terminus: The outlet of Chatfield Reservoir described as an existing on-channel reservoir formed by Chatfield Dam located on the mainstem of the South Platte River. The right abutment of the dam is located in Douglas County, in Sections 6 and 7, T. 6 S., R. 68 W. of the 6th P.M. The left abutment of the dam is located in Jefferson County, in Section 1, T. 6 S., R. 69 W. of the 6th P.M. Upstream Terminus: Castle Rock Surface Diversion No. 1. Sources of Substitute Supply: Water or water rights owned, leased or otherwise available to Applicant and lawfully stored in Chatfield Reservoir described in ¶ 8.3 of the Decree. Date of Initiation of Appropriation: December 18, 2012. Proposed Uses of Exchanged Water: Direct use or storage for municipal, augmentation, replacement and exchange. Amount Sought to be Changed: 15.0 c.f.s., conditional, subject to annual and 20 year volumetric limitations in combination with other exchanges in the Decree. 6.3. Conditional Confluence of East and West Plum Creeks to Castle Rock Surface Diversion No. 1 Exchange. Decreed Amount: 2.02 c.f.s., conditional, subject to cumulative flow rate and annual volumetric limitations in combination with other exchanges in the Decree. Downstream Terminus: Confluence of East and West Plum Creeks in the

 

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SW1/4 NE1/4 Section 23, T. 7 S., R. 68 W., 6th P.M. Upstream Terminus: Castle Rock Surface Diversion No. 1. Sources of Substitute Supply: Consumptive use credits attributable to the Douglas Park Water Rights described in ¶ 8.3.3.3.i. to 8.3.3.3.vi. of the Decree. Date of Initiation of Appropriation: August 20, 2013. Proposed Uses of Exchanged Water: Direct use or storage for municipal, augmentation, replacement and exchange. Amount Sought to be Changed: 2.02 c.f.s., conditional, subject to cumulative flow rate and annual volumetric limitations in combination with other exchanges in the Decree. 6.4. Conditional PCWRA Wastewater Treatment Outfall to Castle Rock Surface Diversion No. 1 Exchange. Decreed Amount: 10.8 c.f.s., conditional, subject to annual and 20 year volumetric limitations in combination with other exchanges in the Decree. Downstream Terminus: PCWRA Outfall located in SW1/4 Section 21, T. 7 S., R. 67 W., 6th P.M., 770 feet from the south section line and 100 feet from the west section line. Upstream Terminus: Castle Rock Surface Diversion No. 1. Sources of Substitute Supply: Effluent discharged from PCWRA Outfall as described in ¶ 10.3 of the Decree. Date of Initiation of Appropriation: August 20, 2013. Proposed Uses of Exchanged Water: Direct use for municipal, augmentation, replacement and exchange. Amount Sought to be Changed: 10.8 c.f.s., conditional, subject to annual and 20 year volumetric limitations in combination with other exchanges in the Decree. 6.5. Conditional Plum Creek Reservoir Outlet to Castle Rock Surface Diversion No. 1 Exchange. Decreed Amount: 15.0 c.f.s., conditional, subject to cumulative flow rate and annual and 20 year volumetric limitations in combination with other exchanges in the Decree. Downstream Terminus: Plum Creek Reservoir Outlet located in the NW1/4, SW1/4, Section 20, T. 7 S., R. 67 W., 6th P.M., 2,500 feet from the south section line, 500 feet from the west section line. Upstream Termini: Castle Rock Surface Diversion No. 1. Sources of Substitute Supply: Water stored in Plum Creek Reservoir described in ¶ 11.3 of the Decree. Date of Initiation of Appropriation: August 20, 2013. Proposed Uses of Exchanged Water: Direct use or storage for municipal, augmentation, replacement and exchange. Amount Sought to Be Changed: 15.0 c.f.s., conditional, subject to cumulative flow rate and annual and 20 year volumetric limitations in combination with other exchanges in the Decree. 6.6. Conditional Chatfield Reservoir to Castle Rock Surface Diversion No. 1 Exchange. Amount of Exchange: 15.0 c.f.s., conditional, subject to cumulative flow rate and annual and 20 year volumetric limitations in combination with other exchanges in the Decree. Downstream Terminus: Chatfield Reservoir.Upstream Terminus: Castle Rock Surface Diversion No. 1. Sources of Substitute Supply: Water stored in Chatfield Reservoir as described in ¶ 8.3 of the Decree.Date of Initiation of Appropriation: August 31, 2015. Proposed Uses of Exchanged Water: Direct use or storage for municipal, augmentation, replacement and exchange. Amount Sought to Be Changed: 15.0 c.f.s., conditional, subject to cumulative flow rate and annual and 20 year volumetric limitations in combination with other exchanges in the Decree. 7. Compliance with Simple Change in Surface Point of Diversion Statute. Pursuant to C.R.S. § 37-92-305(3.5)(a)(II), the proposed change for the Castle Rock Surface Diversion No. 1 meets the statutory definition of a “simple change in a surface point of diversion” because: Applicant seeks a change in the point of diversion from a decreed surface diversion point to a new surface diversion point. The change is not combined with and does not include any other type of change of water right. There is no intervening surface diversion point between the new point of diversion and the diversion point from which a change is being made. There is no inflow from a tributary surface stream between the new point of diversion and the diversion point from which a change is being made. Pursuant to C.R.S. § 37-92-305(3.5)(b)(III), the simple change in a surface point of diversion for Castle Rock Surface Diversion No. 1 is authorized because: The change of point of diversion of Castle Rock Surface Diversion No. 1 has already been physically accomplished. All of the water rights that use the point of diversion are decreed conditional. Applicant is entitled to include one or more water rights that are to be diverted at the new point of diversion, as long as the application does not include any other claims for changes of water rights, findings of reasonable diligence or findings that water rights have been made absolute. Pursuant to C.R.S. § 37-92-305(3.5)(c), the simple change in a surface point of diversion for Castle Rock Surface Diversion No. 1: Will not result in diversion of greater flow rates or amounts than have been decreed to the water rights, and without requantifying the water rights, is physically and legally available at the diversion point from which the change is being made. Will not injuriously affect the owners of people entitled to use

 

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water under vested or decreed conditional water rights. 8. Name and address of owner of land upon which any new diversion or modification to an existing diversion is constructed. Applicant.

17CW3045, Logan Well Users, Inc., P.O. Box 1172, Sterling, Colorado, 80751, (970)580-3832 c/o Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO, 80534 (970)622-8181. APPLICATION FOR WATER RIGHTS AND TO ADD WELLS TO AUGMENTATION PLAN IN LOGAN, MORGAN and WASHINGTON COUNTIES. Application for Water Rights 2. Name of Structure. Mitchek/Sonneberg Well No. 17, (LWU No. 490). 2.1. Owner. Estate of Allen Mitchek, P.O. Box 512, Sterling CO 80751. 2.2. Location. In the NE1/4 NW1/4 of Section 9, Township 7 North, Range 53 West of the 6th P.M., Logan County Colorado, at a point which is South 64°43’30” East a distance of 2,164 feet from the NW corner of said Section 9. 2.3. Appropriation date. March 17, 2017. 2.4. Amount claimed. 1400 g.p.m., conditional. 2.5. ource. Groundwater tributary to the South Platte River. 2.6. Use. Commercial, feedlot, stock watering and fire protection. 2.7. Prior decree. W-2289 for irrigation use, Permit No. 124-RR, (LWU ID No. 350). 3. Name of Structure. Mitchek/Advantage Feedyard Well No. 1, (LWU No. 491). 3.1. Owner. Estate of Allen Mitchek, P.O. Box 512, Sterling CO 80751. 3.2. Location. In the NE1/4 NW1/4 of Section 9, Township 7 North, Range 53 West of the 6th P.M., Logan County Colorado, 910 feet from the North section line and 1,890 feet from the West section line of said Section 9. 3.3. Appropriation date: March 17, 2017. 3.4. Amount claimed. 50 g.p.m., conditional. 3.5. Source. Groundwater tributary to the South Platte River. 3.6. Use. Commercial, feedlot, stock watering and fire protection. 4. Name of Structure. Mitchek/Advantage Feedyard Well No. 2, (LWU No. 492). 4.1. Owner. Estate of Allen Mitchek, P.O. Box 512, Sterling CO 80751. 4.2. Location. In the SE1/4NW1/4 of Section 9, Township 7 North, Range 53 West of the 6th P.M., Logan County Colorado, 2,040 feet from the North section line and 2,360 feet from the West section line of said Section 9. 4.3. Appropriation date. March 17, 2017. 4.4. Amount claimed. 50 g.p.m., conditional. 4.5. Source. Groundwater tributary to the South Platte River. 4.6. Use. Commercial, feedlot, stock watering and fire protection. 5. Name of Structure. Knowles Well, (LWU No. 493). 5.1. Owner. Rob Knowles, 6530 CR 28.5 Rt. 3, Sterling CO 80751. 5.2. Location. In the SW1/4 NE1/4 of Section 30, Township 8 North, Range 54 West of the 6th P.M., Logan County Colorado, 1,790 feet from the North section line and 1,530 feet from the East section line of said Section 30. 5.3. Appropriation date. March 17, 2016. 5.4. Amount claimed. 20 g.p.m., conditional. 5.5. Source. Groundwater tributary to the South Platte River. 5.6. Use. Commercial, feedlot, stock watering and fire protection. 6. Name of Structure. Chamberlain’s Well, (LWU No. 494). 6.1. Owner. Chamberlain’s, P.O. Box 831, Sterling CO 80751. 6.2. Location. In the SW1/4 NW1/4 of Section 33, Township 8 North, Range 52 West of the 6th P.M., Logan County Colorado, 1,465 feet from the North section line and 335 feet from the West section line of said Section 33. 6.3. Appropriation date. March 17, 2016. 6.4. Amount claimed. 500 g.p.m., conditional. 6.5. Source. Groundwater tributary to the South Platte River. 6.6. Use. Industrial use associated with a concrete plant and fire protection. Application to Add Wells to Augmentation Plan 7. Augmentation Plan. Applicant operates an augmentation plan decreed in Case No. 03CW195. ¶49.6 of the decree in Case No. 03CW195 (Decree) allows the addition of wells to the plan subject to notice and terms and conditions. Applicant seeks to add the Wells in ¶¶2-6. Figure 1, attached, shows the location of the Wells. 8. Aquifer Parameters. The aquifer parameters and other information required by the Decree for each Well are set out in Table 1.

Table 1

Well Location Aquifer Parameters 3

Well No.

2nd LWU ID

No.1 Name Permit

No. WDID Case No Qtr/Qtr Sec Twn Rge

Abv/Bel SIC 2 W X Harm T

Lag to

350 - Allen Mitchek 0124-RR 64

6290 W2289 NENW 9 7N 53W a 24,040 21,360 107,500 R

 

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1 The second LWU ID No. is for the new priority decreed to the existing well.

2 Abv/Bel SIC = Location of depletions with respect to Sterling No. 1 Ditch headgate. Above - a, Below – b.

3 Aquifer Parameters

W = Width of aquifer on side of river where well is located (feet).

X = Distance from the river to the location of structure (feet).

Harm T = Harmonic Transmissivity of the aquifer in the vicinity of structure (gpd/ft).

S = 0.2

Lag to: R = River, PD = Pioneer Drain, PC = Pawnee Creek. None of the wells are located inside boundaries of Logan Irrigation District as of December 2008.

9. Consumptive Use and Depletions. The consumptive use factors used will be those set out in the Decree at ¶52.3.4. Out of priority depletions from use of the Wells that have occurred prior to the date the court allows the Wells to be added to the plan will be replaced by Applicant. Out of priority depletions from use of the Wells that may occur after the court decree adding the Wells to the plan, whether or not the depletions result from pumping before or after the date the court allows the Wells to be added to the plan, will be replaced by the Applicant. 10. Water Rights to be used for Augmentation. All water rights decreed in Case Nos. 03CW195 and 07CW300. 11. Names and Address of Owners of the Structures. The names and addresses of the owners of the structures are set out above.

17CW3046 FOOTHILLS PARK AND RECREATION DISTRICT; c/o Ron Hopp, Manager, 6612 S. Ward St., Littleton, CO 80127 (Please direst all correspondence to Robert F. T. Krassa, KRASSA & MILLER, LLC, Attorney for Applicant, 2737 Mapleton Ave., Suite 103, Boulder, CO 80304-3836, 303-442-2156) Application for Absolute Water Storage Right JEFFERSON COUNTY, COLORADO 2. Name of Structures: Beers Sisters Reservoir. 3. Location of reservoir: Beers Sisters Reservoir is located in the NW/4SW/4 and the NE/4SW/4 of Sec. 16, T.5 S., R. 69 W. of the 6th P.M. in Jefferson County. It occupies most of Blue Heron Park, which itself comprises Tract C of Foothill Green Filing No. 3, a Jefferson County subdivision. The dam of Beers Sisters Reservoir crosses Coon Creek at a point which is located 1,860 feet from the west section line, and 2,170 feet from the south section line, of said Section 16. The UTM coordinates of that point are NAD 83, UTM Zone 13 North, 489526 Easting, 4385115 Northing. The location of Beers Sisters Reservoir is also shown on the map attached hereto as Exhibit A. 4. Source: Coon Creek, including surface runoff and groundwater percolation, tributary to Dutch Creek, tributary to the South Platte River. 5. If filled from a ditch: not applicable. 6. A. Date of appropriation: May 10, 1965. B. How appropriation was initiated: the acceptance and approval on May 10, 1965 of the Map of Beers Sisters Lake Reservoir by the State Engineer as Map and Statement No. 22681, attached hereto as Exhibit B. Said Map and Statement was filed pursuant to C.R.S. 1963 §§ 148-4-1 through 148-4-6 in effect at the time. C.R.S. 1963 §§ 148-4-6 states in pertinent part, “A certified copy of the map and statement filed in the state engineer’s office shall be prima facie evidence in any court having jurisdiction of the intent of the claimant to make such construction and to utilize such rights as are shown and described in the map and statement.” Subsequent fulfillment of all requirements include construction of the reservoir in 1965, acceptance by Applicant’s predecessor Foothills Metropolitan

- 490 Est. of Allen

Mitchek Pending - -

491 - Est. of Allen

Mitchek Pending - - NENW 9 7N 53W

a 27,605 24,340 107,500 PC

492 - Est. of Allen

Mitchek Pending - - SENW 9 7N 53W

a 26,790 23,155 108,300 PC

493 - Rob Knowles Pending SWNE 30 8N 54W a 69,410 64,410 94,700 PC

494 - Chamberlain's Pending SWNW 33 8N 52W b 24,420 3,025 204,000 R

 

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Recreation and Park District of Commissioners Deed dated December 6, 1983 from Jefferson County, conveying to Foothills said Tract C, Foothill Green Filing No. 3, Jefferson County, including Beers Sisters Reservoir, as recorded December 7, 1983 at reception number 83116442, records of Jefferson County, and pursuant to the dedication of all water rights in said subdivision to Jefferson County by the Foothill Green Official Development Plan as recorded September 26, 1972 at Book 2, page 27, reception no. 72520611, records of Jefferson County, Colorado; and adoption of Resolution 17-004 on February 28, 2017 by Foothills’ Board of Directors attached hereto as Exhibit C. C. Date water applied to beneficial use: 1965. 7. Amount claimed: 41.4 acre feet, including the right to fill and refill when in priority, absolute. Capacity of the reservoir is shown on the said Map of Beers Sisters Lake Reservoir accepted and approved May 10, 1965 by the State Engineer as Map and Statement No. 22681, attached hereto as Exhibit B. 8. Use: for irrigation, recreation, fishing/piscatorial, augmentation and replacement purposes. Location of Blue Heron Park is described above. 9. Surface area of high water line: 7.6 acres. A. Vertical height of dam in feet measured vertically from the elevation of the lowest point of the natural surface of the ground where that point occurs along the longitudinal centerline of the dam up to the crest of the emergency spillway of the dam: 21 feet. B. Length of dam: 744 feet. 10. Total capacity of reservoir: 41.4 acre feet. Active capacity: 41.4 acre feet. Dead storage: zero (0) acre feet. 11. Names and addresses of owner of the land upon which any new diversion or storage structure or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Applicant. 17CW3047 City of Thornton, Infrastructure Department, Division of Water Resources,12450 North Washington St., Thornton, CO 80241, (720) 977-6600. Attorney: Joanne Herlihy, Esq., Senior Assistant City Attorney, City of Thornton, 9500 Civic Center Dr., Thornton, CO 80229, (303) 538-7210. VERIFIED APPLICATION FOR SEXENNIAL FINDING OF REASONABLE DILIGENCE IN ADAMS AND JEFFERSON COUNTIES. 2. Name of Structures: 2.1. Lower Clear Creek Ditch 2.2.Croke Canal 2.3. Farmers High Line Canal 3. Description of conditional water right: Enlarged Clear Creek - South Platte River Exchange. 3.1. Date of Original Decree: July 15, 1993. Case No. 90CW231, District Court, Water Division 1. 3.2. Subsequent decrees awarding findings of diligence: Case No. 99CW116, District Court, Water Division 1, entered June 9, 2003 (making 13.83 cfs of the Lower Clear Creek Ditch exchange and 24.65 cfs of the Croke Canal exchange absolute). Case No. 09CW66, District Court, Water Division 1, entered March 15, 2011. 3.3. Legal Description: 3.3.1. Location of Points of Diversion by Exchange (Exchange-To Points): 3.3.1.1. Lower Clear Creek Ditch: The headgate of the Lower Clear Creek Ditch as it presently exists and as it may be relocated in the future ("Lower Clear Creek Headgate"). The Lower Clear Creek Headgate is presently located on the north bank of Clear Creek in the SE 1/4 of Section 4, Township 3 South, Range 68 West of the 6th P.M., in Adams County, Colorado. Water diverted through the Lower Clear Creek Ditch under the exchanges will be used by direct use and by storage in and subsequent release from the following reservoirs: 3.3.1.1.1. West Gravel Lakes: located in Sections 25 and 36, Township 2 South, Range 68 West, 6th P.M., Adams County, Colorado. 3.3.1.1.2. Brannan Lake: located in the SW 1/4 of Section 35, Township 2 South, Range 68 West, 6th P.M., Adams County, Colorado. 3.3.1.2. Croke Canal: The headgate of the Croke Canal as it presently exists and as it may be relocated in the future ("Croke Canal Headgate"). The Croke Canal Headgate is presently located on the north bank of Clear Creek in the NW 1/4 of the NE 1/4 of Section 26, Township 3 South, Range 70 West of the 6th P.M., in Jefferson County, Colorado. Water diverted through the Croke Canal under the exchanges will be used by direct use and by storage in and subsequent release from Standley Lake, located in Sections 16, 17, 20, 21, 22, 27, 28 and 29, Township 2 South, Range 69 West, 6th P.M., Jefferson County, Colorado. 3.3.1.3. Farmers High Line Canal: The headgate of the Farmers High Line Canal as it presently exists and as it may be relocated in the future ("Farmers High Line Headgate"). The Farmers High Line Headgate is presently located on the north bank of Clear Creek in the NW 1/4 of the SW 1/4 of Section 27, Township 3 South, Range 70 West of the 6th P.M., in Jefferson County, Colorado. Water diverted through the Farmers High Line Canal under the exchanges will be used by direct use and by storage in and subsequent release from the following

 

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reservoirs: 3.3.1.3.1. Standley Lake: located in Sections 16, 17, 20, 21, 22, 27, 28 and 29, Township 2 South, Range 69 West, 6th P.M., Jefferson County, Colorado. 3.3.1.3.2. Croke Reservoir No. 12 (a.k.a. Croke and Badding Reservoirs): located in the S 1/2 of Section 15, Township 2 South, Range 68 West, 6th P.M., Adams County, Colorado. 3.3.1.3.3. Eastlake Reservoirs 1, 2 and 3: located in Sections 25, 35 and 36, Township 1 South, Range 68 West, 6th P.M., Adams County, Colorado. 3.3.1.3.4. Poitz Reservoir (a.k.a. Hunter’s Glen Reservoir): located in the SW 1/4 of Section 26, Township 1 South, Range 68 West, 6th P.M., Adams County, Colorado. 3.3.2. Location of Points of Release of Substitute Supplies (ExchangeFrom Points): 3.3.2.1. Clear Creek-South Platte Confluence: The confluence of Clear Creek and the South Platte River, which is currently located in the SW 1/4 of the SE 1/4 of Section 36, Township 2 South, Range 68 West, of the 6th P.M. in Adams County, Colorado. 3.3.2.2. Tani Outfall: The outlet of Tani Lakes (k/n/a South Tani Reservoir) on the South Platte River (the "Tani Outfall") is located on the South Platte River in the SE 1/4 of Section 25, Township 2 South, Range 68 West, of the 6th P.M., in Adams County, Colorado. 3.3.2.3. Metro Outfall. The outfall of the Robert W. Hite Treatment Facility (Metro Wastewater Reclamation District Plant) on the South Platte River as it currently exists and as it may be relocated in the future (the "Metro Outfall"). The Metro Outfall is currently located on the South Platte River near the section line between Sections 1 and 12, Township 3 South, Range 68 West, of the 6th P.M., in Adams County, Colorado. 3.4. Source of Diversion by Exchange: Clear Creek and its tributaries, all tributary to the South Platte River. 3.5. Appropriation Date: November 8, 1990. 3.6. Amounts: 3.6.1. Lower Clear Creek Ditch Exchange-To Point: 13.83 cfs, ABSOLUTE, 186.17 cfs, CONDITIONAL. 3.6.2. Farmers High Line Canal Exchange-To Point: 200 cfs, CONDITIONAL. 3.6.3. Croke Canal Exchange-To Point: 24.65 cfs, ABSOLUTE, 175.35 cfs, CONDITIONAL 3.7. Uses of Water Diverted by Exchange: All municipal uses, including domestic, mechanical, manufacturing, industrial, power generation, including generation of electric power, fire protection, sewage treatment, street sprinkling, irrigation of parks, lawns and grounds, recreation, fish culture, agricultural uses, maintenance and preservation of wildlife and aesthetic values, and for the replacement, adjustment and regulation including exchange and augmentation, of, among and with the units of the city of Thornton municipal water system within themselves and with other water users and water rights. Thornton shall have the right to a single use of water diverted by exchange of substitute supplies that have been decreed for only a single use. To the extent that water diverted by Thornton under the subject exchanges is fully replaced with reusable substitute supplies, Thornton has the right to use, reuse, successively use and dispose of to extinction, the water diverted by the subject exchanges. 3.8. Remarks: A map showing the location of the Exchange-To and Exchange-From Points is attached hereto as Exhibit A. 4. Detailed outline of what has been done toward completion, including expenditures: From May 27, 2009 through March 31, 2017, Thornton performed the following work and incurred the following costs, all or in part, concerning the remaining conditional portion of the Thornton Enlarged Clear Creek - South Platte River Exchange (“Subject Water Right”), including work and expenditures on specific structures integral to the diversion and use of the Subject Water Right and in the further development of Thornton’s integrated water supply systems within which the Subject Water Right has been and will be placed to beneficial use. The work done and costs incurred set forth below are illustrative and not exhaustive and Thornton reserves the right to present evidence of additional activities and costs at trial. 4.1. Thornton Integrated System Activities: During the relevant diligence period, Thornton has continued in the development and improvement of its Clear Creek and South Platte River water supply system including many of the structures used in the exercise of the Subject Water Right, and the eventual treatment and use of the water yielded by such right. Costs incurred by Thornton totaled approximately $19,849,000, and include the following: 4.1.1. Ditch Company Assessments: Thornton paid assessments of approximately $1,609,000 for its share ownership in the Lower Clear Creek Ditch Company (LCC), Colorado Agricultural Ditch Company (COAg), Farmers’ High Line Canal and Reservoir Company and the Farmers Reservoir and Irrigation Company (FRICO). 4.1.2. Standley Lake Operating Committee: Thornton, Westminster, Northglenn, and FRICO have an Agreement concerning ongoing cost-sharing associated with the daily and annual accounting for water diversion and storage in the Croke Canal and Standley Lake. Thornton paid $720,000 for its share of such costs during the

 

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diligence period. 4.1.3. LCC and COAg Carriage Agreement: Under a carriage agreement with the LCC and COAg, Thornton paid approximately $114,000 for its share of operating expenses to allow Thornton to use the excess ditch capacity to run water for storage in West Gravel Lakes and treatment in the Wes Brown Treatment Plant. 4.1.4. FHL Carriage Agreement: Under a carriage agreement with the FHL, Thornton paid fees totaling $1,040 for carriage of water through that company’s facilities to Standley Lake during the diligence period. 4.1.5. Standley Lake Pipeline Inspection Project: Thornton spent approximately $628,000 for repair and replacement of pipe sections in the Thornton and Northglenn jointly owned 7-mile section of the Standley Lake Pipeline. 4.1.6. LCC Diversion Structure: During the diligence period, Thornton spent approximately $190,000 on the design and construction for the replacement of the diversion structure from the LCC to West Gravel Lakes. 4.1.7. COAg Diversion Structure: During the diligence period, Thornton spent approximately $10,000 on installation and upgrades to the existing West Gravel Lakes diversion structure from COAg. 4.1.8. Water Quality Monitoring: During the relevant diligence period, Thornton spent approximately $1,773,000 on water quality monitoring and sampling of its Clear Creek raw water collection system including Standley Lake. 4.1.9. Wes Brown Water Treatment Plant (WBWTP) Projects: The Subject Water Right can be treated at WBWTP prior to being distributed to Thornton customers. During the diligence period, the following projects occurred at the WBWTP: 4.1.9.1. Thornton spent approximately $148,000 on alternate coagulant. 4.1.9.2. Thornton spent approximately $107,000 for the construction of platforms, ladders, and fall restraints inside of four clarifiers. 4.1.9.3. Thornton spent approximately $729,000 for the replacement of membrane modules. 4.1.9.4. Thornton spent approximately $136,000 for the replacement of air handling units. 4.1.9.5. Thornton spent approximately $146,000 to review existing plant processes and operations, and potential process modifications or additions to increase operational effectiveness. 4.1.9.6. Thornton spent approximately $4,576,000 for the replacement of the water cleaning membranes. 4.1.10. Thornton Water Treatment Plant (TWTP) Replacement: The Subject Water Right can be treated at TWTP prior to being distributed to Thornton customers. During the diligence period, Thornton spent approximately $3,838,000 toward design and construction in order to replace the aging TWTP. 4.1.11. Treated Water Systems Improvements: Thornton has regular programs to maintain its treatment technologies and the treatment facilities. Thornton has continually improved, maintained, and extended its treated water distribution system to provide water service to its customers. During the diligence period, Thornton spent approximately $531,000 to replace water distribution system facilities that are malfunctioning or nearing the end of their useful life due to deterioration and/or corrosion. 4.1.12. SCADA System Upgrade: This project provides a Master Plan which allows for the complete replacement and upgrade of the SCADA System to include new technologies in networking, hardware, software and complete revision of applications and configuration programming. The SCADA System connects Thornton’s remote facilities and allows operational control as needed to assure delivery of quality water to Thornton’s customers. During the diligence period, this project cost approximately $892,000. 4.1.13. Reservoir Well Monitoring: This project includes monitoring wells and metering devices around Thornton’s reservoirs. During the diligence period, Thornton spent approximately $9,000 to monitor wells located adjacent to South Tani Reservoir. 4.1.14. Gravel Lakes Rip Rap: Thornton designed and installed rip rap protection at eroding slopes on West Gravel Lake #2, Cooley West, Hammer, South Dahlia, and North Dahlia Reservoirs, which are integrated components of the Subject Water Right at a cost of more than $2,292,000. 4.1.15. Water Court: Thornton has actively participated in water court proceedings to protect the water rights decreed in Case No. 90CW231. Legal and engineering costs incurred relating to the protection of Thornton’s Clear Creek and South Platte River water rights portfolio, including the Subject Water Right during the diligence period were approximately $1,400,000. 5. Claim to make absolute: N/A 6. Names and addresses of owners of land upon which new diversion or storage structures will be built, owners of existing structures which may require modification and owners of land upon which water is or will be stored: Not applicable; all diversion and storage structures named in this application exist and have been built to adequate capacity. Therefore, modifications to diversion structures or storage pools are not anticipated. WHEREFORE, Applicant respectfully requests a judgment and decree of this Court that: 1. Thornton has diligently pursued the completion of the

 

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Thornton Enlarged Clear Creek - South Platte River Exchange water right decreed in Case No. 90CW231 and that this water right shall be continued, in the amounts not previously made absolute, as a conditional water right for a period of six years after entry of the Court’s decree herein; and 2. Such other relief as the Court deems just and proper. (10 pages). 17CW3048 Dominic N. Scrivner and Nikki J. Scrivner, 15163 W 55th Drive, Golden, Colorado 80403, North Fork Associates, LLC, 2686 South Yukon Court, Lakewood, Colorado 80227 and Mountain Mutual Reservoir Company, 6949 Highway 73, Suite 15, Evergreen, Colorado 80439. (c/o David C. Lindholm, Esq., P. O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR UNDERGROUND WATER RIGHT, APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT. IN JEFFERSON COUNTY. APPLICATION FOR UNDERGROUND WATER RIGHT: 1. Name of Well and Permit, Registration or Denial Number: Scrivner Well No. 1, (Permit No. 297659). 2. Legal Description of the Well: Scrivner Well No. 1 is located in the NE 1/4 NE 1/4 of Section 15, Township 4 South, Range 71 West, 6th P.M., Jefferson County, at a point approximately 722 feet from the North Section line and 341 feet from the East Section line of said Section 15. The legal description of the property is Lot 2, Cold Spring Amendment 1, a/k/a 484 Spring Ranch Drive, Golden, CO 80401. 3.A. Source of Water: Ground water that is tributary to Cold Spring Gulch. 3.B. Depth of Well: 747 feet. 4.A. Date of Appropriation: May 1, 2015. 4.B. How Appropriation was Initiated: Submittal of a well permit application to the Colorado Division of Water Resources, followed by the issuance of a well permit by the State Engineer and completion of the well. 4.C. Date Water Applied to Beneficial Use: November 17, 2016. 5. Amount Claimed: 15 gallons per minute, Absolute. 6. Uses: Ordinary household purposes inside a single family dwelling and fire protection purposes. 7. Names and Address of Owners of Land on which the Well is Located: Dominic and Nikki Scrivner, as described above.. 8. Remarks: The Permit for the Scrivner Well No. 1 was issued pursuant to C.R.S. §37-92-602. Copies of the Permit, the Well Construction and Test Report, and the Pump Installation and Production Equipment Test Report are attached as Exhibit “B.” Upon approval of the plan for augmentation being requested, a new well permit application for the Well will be submitted to the State Engineer, along with a request that Permit No. 297659 be canceled. APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT: 1. Name of Structure to be Augmented: Scrivner Well No. 1, as described above. 2. Water Rights to be Used for Augmentation Purposes. a. Dominic and Nikki Scrivner ("Scrivner"), have entered into a contract with North Fork Associates, LLC to purchase 3.9 shares of the capital stock of the Mountain Mutual Reservoir Company, ("MMRC"). The 3.9 shares represent the right to receive 0.123 of an acre foot of augmentation water per year from the water rights and storage facilities MMRC holds for the benefit of its shareholders, as more particularly described below. b. The water rights which MMRC owns for the benefit of its shareholders (hereinafter referred to as the "Bear Creek/Turkey Creek water rights"), are summarized as follows: i. Harriman Ditch. 7.71 shares of the 400 shares of capital stock (1.93%), issued and outstanding in the Harriman Ditch Company. Said Company owns direct flow water rights decreed to the Harriman Ditch. Pursuant to the Decree entered in Civil Action No. 6832, on February 4, 1884, the Ditch was awarded the following direct flow priorities:

Appropriation Date

Priority Number Source Amount MMRC Entitlement

April 15, 1868 21 Turkey Creek 10.75 cfs 0.2072 cfs March 16, 1869 23 Bear Creek 7.94 cfs 0.1530 cfs

May 1, 1871 25 Bear Creek 25.54 cfs 0.4923 cfs March 1, 1882 30 Bear Creek 12.87 cfs 0.2481 cfs

The Bear Creek headgate of the Harriman Ditch is located on the South bank of Bear Creek in the NE 1/4 NE 1/4, Section 2, Township 5 South, Range 70 West, 6th P.M., Jefferson County. The Turkey Creek

 

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

Appropriation Date

Priority Number Source Amount MMRC Entitlement

Dec. 1, 1861 4 Bear Creek 12.33 cfs 0.1541 cfs April 16, 1862 8 Turkey Creek 2.86 cfs 0.0358 cfs Oct. 31, 1864 14 Bear Creek 25.47 cfs 0.3184 cfs April 1, 1865 16 Bear Creek 11.49 cfs 0.1436 cfs

The headgates of the Warrior Ditch are the same as those of the Harriman Ditch, described above. The Ditch was originally decreed for irrigation purposes. iii. Soda Lakes Reservoir Nos. 1 and 2. 8.71 shares of the 400 shares of capital stock (2.18%), issued and outstanding in the Soda Lakes Reservoir and Mineral Water Company. Said Company owns storage water rights decreed to the Soda Lakes Reservoir Nos. 1 and 2. Pursuant to the Decree entered in Civil Action No. 91471 on September 24, 1935, the Soda Lake Reservoir Nos. 1 and 2 were adjudicated for 1,794 acre feet for irrigation purposes, and 598 acre feet for storage for supplying the City of Denver with water for municipal purposes, including the watering of lawns and gardens. The date of appropriation awarded the structures was February 11, 1893. The Soda Lakes Reservoirs are located in Section 1, Township 5 South, Range 70 West, 6th P.M., Jefferson County. The Reservoirs are filled through the Harriman Ditch. iv. Meadowview Reservoir. The structure is located in the NE 1/4 SW 1/4 and the NW 1/4 SE 1/4 of Section 26, Township 5 South, Range 71 West, 6th P.M., Jefferson County. The structure is located in the NE 1/4 SW 1/4 and the NW 1/4 SE 1/4 of Section 26, Township 5 South, Range 71 West, 6th P.M., Jefferson County. Meadowview Reservoir was awarded absolute water rights in Case No. 2009CW92 (2001CW294), in an amount of 20 acre feet, and in Case No. 2016CW3022 (94CW290), in an amount of 30 acre feet, for augmentation, replacement, exchange and substitution purposes. The source is North Turkey Creek and water tributary to North Turkey Creek. Harriman Ditch and Warrior Ditch direct flow water and water available to MMRC in the Soda Lakes Reservoirs are also stored in Meadowview Reservoir by exchange pursuant to the appropriative rights of substitution and exchange decreed in Case Nos. 94CW290, 2000CW060 and 2001CW293. c. The overall "firm" yield of consumptive use water available from the MMRC portfolio of Bear Creek/Turkey Creek water rights and storage facilities was quantified in the Decrees entered by the District Court for Water Division 1 in Case No. 2001CW293, dated July 16, 2003, and Case No. 94CW290, dated October 16, 2006. The terms and conditions under which the Bear Creek/Turkey Creek water rights are used for augmentation and replacement purposes are set forth in the Decrees in Case Nos. 2001CW293 and 94CW290, and are deemed to be res judicata in future proceedings involving such rights, pursuant to Williams v. Midway Ranches, 938 P.2d 515 (Colo. 1997). Reference is made to the Decrees in Case Nos. 2001CW293 and 94CW290 for more detailed information. 3. Statement of Plan for Augmentation, Covering all Applicable Matters under C.R.S. §37-92-103(9), §302(1)(2) and §305(8): a. The Scrivners own a 5 acre parcel of property located in the NE 1/4 NE 1/4 of Section 15, Township 4 South, Range 71 West, 6th P.M., Jefferson County. A single-family residence currently exists on the property. The water supply for the residence is obtained from the Scrivner Well No. 1. Wastewater from all in-building uses of water is treated utilizing a non-evaporative septic system with a soil absorption leach field. Return flows are to Cold Spring Gulch. The property is depicted on the attached Exhibit "A." b. The permit for the Scrivner Well No. 1 limits the use of water from the well to in-house purposes within a single-family residence. The Scrivners desire to expand the use of water from the well to include irrigation. c. Based on prior engineering studies, it is assumed that the maximum average occupancy of

 

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the single-family residence will be 3.5 persons and that per capita daily water usage will not exceed 80 gallons as an annual average. The augmentation plan will also cover the irrigation of 4,000 square feet of lawn grass, or equivalent gardens. Gross irrigation requirements for lawn grass are anticipated to be no more than 1.25 acre feet of water per irrigated acre. Gross irrigation requirements for gardens are no more than 0.5 of an acre foot per irrigated acre. The total volume of water required is projected to be approximately 0.43 of an acre foot per year. d. Depletions associated with water that is used inside the single-family residence will be based on a ten percent (10%) consumption factor. Consumption of lawn grass at this location is 1.0 acre-foot per acre. Consumption of gardens is 0.4 of an acre foot per acre. The consumptive use for irrigation operations was determined using the SCS TR-21 modification to the Blaney Criddle consumptive use method with the Pochop elevation adjustment and the Evergreen turf adjustment, as outlined in a report prepared by Blatchley Associates, Inc., which is titled "Turf Irrigation in Mountainous Areas of Evergreen, Colorado." Maximum stream depletions are not anticipated to exceed 0.123 of an acre foot per year, or a maximum of 0.2 of a gallon per minute. e. The required volume of augmentation water will be provided from the sources described in Paragraph No. 2, above. Due to the small volume of annual stream depletions projected to occur under this plan, instantaneous stream depletions may be aggregated and replaced by one or more releases from storage of short duration. f. Whenever possible, depletions to the stream system which occur during the period April through October, inclusive, will be continuously augmented by MMRC forgoing the diversion of a portion of its Warrior Ditch and/or Harriman Ditch direct flow water rights. During times when MMRC's direct flow water rights are not in priority and during the months of November through March, inclusive, depletions will primarily be augmented by periodically releasing water from the Soda Lakes Reservoirs. Water may also be released from Meadowview Reservoir. g. Since the point of depletion associated with water use under this augmentation plan is on a side tributary of Bear Creek and upstream of the Harriman Ditch headgate, the Scrivners assert an appropriative right of substitute supply and exchange pursuant to C.R.S. §37-80-120 and §37-92-302(1)(a). The reach of the exchange shall extend from the confluence of Bear Creek and Turkey Creek at Bear Creek Lake in Section 5, Township 5 South, Range 69 West, 6th P.M., Jefferson County; thence up Bear Creek to its confluence with Cold Spring Gulch, located in the NW 1/4 NW 1/4 of Section 31, Township 4 South, Range 71 West, 6th P.M.; and thence up Cold Spring Gulch to the point where depletions from the Scrivner Well No. 1 impact Cold Spring Gulch in the NE 1/4 NE 1/4 of Section 15, Township 4 South, Range 71 West, 6th P.M. The exchange will operate to replace depletions to the flow of water in Cold Spring Gulch, Bear Creek and the South Platte River as the depletions occur. The exchange will be administered with a priority date of March 28, 2017, at a maximum flow rate of 0.001 of a cubic foot per second. 4. Name(s) and Address(es) of Owners or Reputed Owner(s) of the Land upon which any new Diversion or Storage Structure, or Modification to any Existing Diversion or Storage Structure is or will be Constructed or upon which Water is or will be Stored, Including any Modification to the Existing Storage Pool: Not Applicable. WHEREFORE, Applicants request the entry of a decree approving this Application, specifically determining that the source and location of delivery of augmentation water are sufficient to eliminate material injury to vested water rights. The Scrivners also request a determination that the Scrivner Well No. 1 can be operated without curtailment so long as out-of-priority stream depletions are replaced as proposed herein. The Scrivners further request the entry of an Order directing the State Engineer to issue a new permit for the Scrivner Well No. 1. (7 pages and four exhibits). 17CW3049 LAKEWOOD COUNTRY CLUB, c/o Manager, 6800 West 10th Avenue, Lakewood, CO 80215. 303-233-4614. APPLICATION FOR A FINDING OF REASONABLE DILIGENCE IN JEFFERSON, DENVER, AND ARAPAHOE COUNTIES. 2. Name of Water Rights: Lakewood Country Club Exchanges. 3. Describe conditional water rights giving the following from the Original Decree: A. Date of Original Decree: September 13, 2004; Case No. 97CW381, District Court, Water Division No. 1. B. Legal Description of “Exchange To” points: (1) Lakewood Country Club Reservoir No. 1: decreed in Civil Action No. 3635, Douglas County District Court on May 18, 1972 for the storage of water diverted from No Name Gulch through the Lakewood Country Club Ditch under a

 

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priority date of July 1, 1908 for 2.497 acre-feet. The decreed location of Lakewood Country Club Reservoir No. 1 is set forth in the Decree as follows: the initial point of survey is at a point whence the southeast corner of Section 2, Township 4 South, Range 69 West of the 6th P.M. bears south 1°30' east 720 feet. (2) Lakewood Country Club Reservoir No. 2: decreed in Civil Action No. 3635, Douglas County District Court on May 18, 1972 for the storage of water diverted from No Name Gulch through the Lakewood Country Club Ditch under a priority date of July 1, 1908 for 0.313 acre-feet. The decreed location of Lakewood Country Club Reservoir No. 2 is set forth in the Decree as follows: the initial point of survey is at a point whence the southeast corner of Section 1, Township 4 South, Range 69 West of the 6th P.M. bears south 6°1' west 605.2 feet. (3) Lakewood Country Club Reservoir No. 3: decreed in Civil Action No. 3635, Douglas County District Court on May 18, 1972 for the storage of water diverted from No Name Gulch through the Lakewood Country Club Ditch under a priority date of July 1, 1908 for 1.659 acre-feet. The decreed location of Lakewood Country Club Reservoir No. 3 is set forth in the Decree as follows: the initial point of survey is at a point whence the southeast corner of Section 1, Township 4 South, Range 69 West of the 6th P.M. bears south 22°6' west 654.6 feet. (4) Lakewood Country Club Reservoir No. 5: decreed in Civil Action No. 3635, Douglas County District Court on May 18, 1972 for the storage of water diverted from Lakewood Gulch under a priority date of July 1, 1908 for 2.943 acre-feet. The decreed location of Lakewood Country Club Reservoir No. 5 is set forth in the Decree as follows: the initial point of survey is at a point whence the southwest corner of Section 1, Township 4 South, Range 69 West of the 6th P.M. bears south 26°15' west 1,667 feet. (5) Lakewood Country Club Ditch: decreed in Civil Action No. 3635, Douglas County District Court on May 18, 1972 for the diversion of water from No Name Gulch under a priority date of July 1, 1909 for 2 c.f.s. The decreed location of Lakewood Country Club Ditch is set forth in the Decree as follows: whence the southeast corner of Section 2, Township 4 South, Range 69 West of the 6th P.M. bears south 38°36' east 1,059 feet. (6) Lakewood Country Club Pump No. 1: decreed in Civil Action No. 3635, Douglas County District Court on May 18, 1972 for the diversion of water from No Name Gulch under a priority date of July 1, 1909 for 3.33 c.f.s. The decreed location of Lakewood Country Club Pump No. 1 is set forth in the Decree as follows: whence the southwest corner of Section 1, Township 4 South, Range 69 West of the 6th P.M. bears south 42°30' west 710 feet. (7) Lakewood Country Club Pump No. 3: decreed in Civil Action No. 3635, Douglas County District Court on May 18, 1972 for the diversion of water from Lakewood Gulch under a priority date of July 1, 1909 for 4 c.f.s. The decreed location of Lakewood Country Club Pump No. 3 is set forth in the Decree as follows: whence the southwest corner of Section 1, Township 4 South, Range 69 West of the 6th P.M. bears south 20°45' west 1,672 feet. C. Legal Description of “Exchange From” points: (1) Denver's reusable effluent from the Littleton/Englewood Wastewater Treatment Plant outfall, located on the east bank of the South Platte River approximately 1.4 miles downstream from the confluence of Bear Creek and the South Platte River, as determined by available flow on Denver's Daily Operation Sheets; or (2) Denver's reusable effluent from the Metro Wastewater Treatment Plant outfall, located on the east bank of the South Platte River near the confluence of the South Platte River and Sand Creek, as determined by available flow from Denver's Daily Operation Sheets; or (3) Denver's reusable effluent from the Glendale Wastewater Treatment Plant outfall [no longer available], located on the north bank of Cherry Creek approximately 1,000 feet upstream from the point where Cherry Creek crosses Colorado Boulevard, as determined by available flow from Denver's Daily Operation Sheets; or (4) Denver's reusable return flows in Lakewood Gulch upon quantification by Denver in a subsequent Water Court case. (5) Denver’s raw water delivered through the outlet of Chatfield Reservoir as measured by the outflow gauge; or (6) Any other source of augmentation water available to Denver acceptable to the Division Engineer. D. Source: Water in or tributary to No Name and Lakewood Gulches diverted by exchange of water delivered at the “Exchange From” points described in paragraph 3.C, above, pursuant to the Raw Water Lease Agreement dated September 16, 1997, by and between the Lakewood Country Club and the City and County of Denver, acting by and through its Board of Water Commissioners. E. Appropriation Date: December 31, 1997. F. Amount: 5 c.f.s., conditional, up to 60 acre-feet during any water year (November 1 through October 31), conditional. 1.10 c.f.s and 24.11 acre-feet were made absolute in Case No. 10CW231. G. Use: By

 

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exchange for the beneficial uses decreed in Case No. 97CW381. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: Case No. 10CW231 made 1.10 cfs and 24.11 acre-feet of the conditional water right absolute. During the diligence period, Applicant has continued to operate the exchange, but such operations did not exceed 1.10 cfs or 24.11 acre-feet. Applicant also incurred and expended over $6,153,000 in costs attributable water lease payments and the operation, maintenance, and management of the Lakewood Golf Course and associated reservoirs and other structures for which the subject water rights are used. Applicant has kept regular records of diversions and usage and made all necessary reports to the Division Engineer, and has installed and maintained measuring devices required to administer the augmentation and exchange plan decreed in Case No. 97CW381. 5. Claim For Continued Diligence: Applicant requests an order finding that Applicant has met its burden of proof and continuing diligence on the 3.9 c.f.s. and 35.89 acre-feet not yet made absolute. 6. Names(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool. None. 17CW3050 LM Ranch, LLC, 7967 S. Pontiac Way, Centennial, CO 80112, (303) 773-1967 (LM Ranch, LLC, as a result of a name change, is the same entity as L&M Ranch, LLC, which obtained the previous diligence decree) (Jeffrey J. Kahn, Elizabeth M. Joyce, Lyons Gaddis, P.O. Box 978, Longmont, CO 80502-0978, 303-776-9900) APPLICATION TO MAKE CONDITIONAL WATER RIGHT ABSOLUTE, OR IN THE ALTERNATIVE, FOR FINDING OF REASONABLE DILIGENCE in ELBERT COUNTY. 2. Name of Water Right: Children’s Reservoir, f/k/a Agate Reservoir. 3. Describe conditional water right giving the following from the previous Decree: 3.1. Date of original decree, case no. and court: The original decree was entered by the District Court for Water Division No. 1 on March 24, 1983, in Case No. 79CW182. 3.2. Subsequent decrees awarding findings of diligence: Diligence decrees were entered by the District Court for Water Division No. 1 in Case No. 85CW358 on September 19, 1998; Case No. 89CW182 on November 2, 1990; Case No. 96CW269 on October 3, 1997; Case No. 03CW362 on September 13, 2004; and Case No. 10CW240 on March 1, 2011. 3.3. Legal description of point of diversion: The axis of the dam is at a point from whence the northwest corner of Section 11, Township 7 South, Range 59 West, from the 6th P.M., bears North 80°30’ West 2,431 feet or approximately 525 feet south of the north section line for Section 11 and 2,460 feet east of the west section line of Section 11. 3.4. Source of Water: Godfrey Gulch, tributary to East Bijou Creek. 3.5. Appropriation Date: June 1, 1905. 3.6. Amount: 7,727 acre feet, absolute. 3.7. Uses: Absolute for the irrigation of 70 acres; conditional for the irrigation of 1065 acres. 4. Claim to Make Absolute: Applicant has filled the reservoir up to its decreed capacity of 7,727 acre feet as determined in Case No. 79CW182. As a result, pursuant to §37-92-301(4)(e) Colorado Revised Statutes, the water right should be decreed as absolute for all decreed purposes, including irrigation of the remaining 1,065 acres. 5. Alternative Claim for Continuation of Conditional Water Right: If the water right is not made absolute for all remaining uses and amounts, Applicant seeks a continuation of the conditional water right. Applicant has taken the following actions during the diligence period: The applicant has continued to store water in the reservoir, but has been unable to irrigate additional acreage beyond the 70 acres previously irrigated. The applicant has continued to maintain and improve the reservoir to be able to irrigate the remaining acreage, including the expenditure of $2,192.51 on equipment, supplies and repairs related to the reservoir and the irrigation of lands under the reservoir. 6. Name and address of owner of land upon which any new diversion structure or storage structure, or modification to an existing diversion or storage structure is or will be constructed, or upon which water is or will be stored, including any modification to the existing storage pool: Applicant. 7. Applicant reserves the right to base its absolute claim on any diversions and use occurring after the filing of this application and prior to the entry of a decree.

 

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17CW3051 Dean and Analiza Bortell, 5452 Grimes Lane, Larkspur, Colorado 80118 (James J. Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY DAWSON AQUIFERS, DOUGLAS COUNTY. 35 acres being Tract 7, Grimes Ranch, generally located in the S1/2 of Section 28 and the NE1/4 of Section 33, T10S, R66W of the 6th P.M., Douglas County, as described and shown on Attachment A hereto ("Subject Property"). Source of Water Rights: The Dawson aquifer is not nontributary as described in Sections 37-90-103(10.7), C.R.S., and the Denver, Arapahoe and Laramie-Fox Hills aquifers are nontributary as described in Section 37-90-103(10.5), C.R.S. Estimated Amounts: Dawson: 26 acre-feet, Denver: 31 acre-feet, Arapahoe: 17 acre-feet, Laramie-Fox Hills: 11 acre-feet. Proposed Use: Domestic, commercial, irrigation, livestock watering, fire protection, and augmentation purposes, including storage, both on and off the Subject Property. Description of plan for augmentation: Groundwater to be augmented: Approximately 15 acre-feet per year of the Dawson aquifer groundwater as requested herein. Water rights for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. Statement of plan for augmentation: The Dawson aquifer water will be used for in house use in up to three residences, agricultural irrigation , including lawn, garden, trees, pasture, hay, and greenhouses, stockwatering, and storage. Applicants reserve the right to revise these uses without having to amend the application or republish the same. Sewage treatment for in house use will be provided by non-evaporative septic systems and return flow from in house and irrigation use will be approximately 90% and 15% of that use, respectively. During pumping Applicants will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c.5), C.R.S. Applicants estimate that depletions occur to the Cherry Creek stream system. Return flows accrue to the South Platte River stream system via Cherry Creek, and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicants will reserve an equal amount of nontributary groundwater underlying the Subject Property to meet post pumping augmentation requirements. Further, Applicants pray that this Court grant the application and for such other relief as seems proper in the premises.(7 pages). 17CW3052, (17CW3014 is Water Division 2 case number) Fred and Sarah Vollbracht, 7335 Loch Fyne Lane, Colorado Springs, CO 80908 (James J. Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY DENVER AND ARAPAHOE AQUIFERS, EL PASO COUNTY. 30 acres being the SW1/4NW1/4, except for the south 821.9 feet of the west 530 feet, Section 32, T12S, R65W of the 6th P.M., El Paso County, as shown on Attachment A hereto ("Subject Property"). Source of Water Rights: Denver and Arapahoe aquifers are not nontributary as described in Sections 37-90-103(10.7), C.R.S., and the Laramie-Fox Hills aquifer is nontributary as described in Section 37-90-103(10.5), C.R.S. Estimated Amounts: Denver: 14.7 acre-feet, Arapahoe: 13.5 acre-feet, Laramie-Fox Hills: 8.5 acre-feet. Proposed Use: Domestic, commercial, irrigation, livestock watering, fire protection, and augmentation purposes, including storage, both on and off the Subject Property. Groundwater to be augmented: Approximately 2.8 acre-feet per year of Denver aquifer groundwater for 300 years as requested herein. Water rights for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. Statement of plan for augmentation: The Denver aquifer groundwater will be used through four wells to serve four residences at rates of flow not to exceed 15 gpm. Each well will withdraw approximately 0.7 acre-feet annually for 300 years for in house use (0.35 acre-feet), irrigation of lawn, garden, and trees (0.3 acre-feet), and stockwatering of up to 4 large domestic animals (0.05 acre-feet). Applicants reserve the right to amend these amounts and values without amending the application or republishing the same. Sewage treatment for in house use will be provided by non-evaporative septic systems and return flow from in house and irrigation use will be

 

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approximately 90% and 15% of that use, respectively. During pumping Applicants will replace an amount equal to 4% of the annual amount withdrawn pursuant to Section 37-90-137(9)(c.5), C.R.S. Because depletions may occur to stream systems in Water Divisions 1 and 2, this application is being filed in both divisions. Based on the location of the Subject Property, return flows from use of the water on the Subject Property return to the Arkansas River stream system and such return flows are sufficient to replace the total annual actual depletion. Applicants request that the total actual depletion be returned to the Arkansas River stream systems and for a finding that those replacements are sufficient to prevent injury to all affected stream systems. Applicants will reserve an equal amount of the nontributary Laramie-Fox Hills aquifer groundwater requested herein to meet post pumping augmentation requirements. Further, Applicants pray that this Court grant the application and for such other relief as seems proper in the premises. (5 pages). 17CW3053 The Groundwater Management Subdistrict of the Central Colorado Water Conservancy District (District), 3209 West 28th Street, Greeley, Colorado 80634. (970) 330-4540 c/o Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO, 80534 (970)622-8181. APPLICATION TO ADD WELL TO AUGMENTATION PLAN IN WELD COUNTY. 2. Augmentation Plan. Applicant operates an augmentation plan decreed in Case No. 02CW335. ¶14.5 of the decree in Case No. 02CW335 (Decree) allows the addition of wells to the plan subject to notice and terms and conditions. 3. Structure to be Added and Augmented. 3.1. Decreed Name of Structure to be Added and Augmented. Dunn Well No. 1-12735-R, Supplemental (WDID 0205991). (hereinafter, “Well”). 3.2. Name and Address of Well Owner. Cecil Kersey Farm, LLC, 1639 35th Avenue, Greeley, CO 80634. 3.3. Dunn Well Supplemental Decree. A decree was entered in Water Court, Water Division No. 1, Case No. 07CW47 on December 2, 2009, adjudicating a supplemental appropriation for the Well which is located in the SW1/4 SW1/4 Section 17, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado at a point 577.5 feet North and 46.2 feet East of the SW corner of Section 17, in the amount of 2.62 c.f.s., conditional with an appropriation date of March 23, 2007 for the irrigation of approximately 138 acres located in the SW1/4 Section 17, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado. (Exhibit 1). The S1/2 SW1/4 of Section 17 is also irrigated by the Well pursuant to a decree entered in Case No. W-487 on September 10, 1971 in the amount 2.62 c.f.s. with an appropriation date of August, 1935. (Exhibit 2). The 138 acres is also irrigated by 3 shares of the Lower Latham Ditch Company and 2 shares of the Lower Latham Reservoir Company. 3.4. Diligence Application. An application for finding of reasonable diligence and to make absolute was timely filed in Case No. 15CW3173 and is pending. 3.5. GMS Contract. The Well is augmented pursuant to GMS Contract 509. (Exhibit 3). The Contract was revised March 21, 2017 to add the supplemental appropriation decreed to the Well in Case No. 07CW47. 3.6. Lower Latham Plan. At the time the decree was entered for the Well in Case No. 07CW47 the Well was included in the Lower Latham Plan decreed in Case No. 03CW47. The Well is no longer included in that plan. 4. Proposed Terms and Conditions. 4.1. The terms and conditions for the Well will be the same as for the other Member Wells in the Decree. The consumptive use factors will be 60% for flood irrigated acres and 80% for sprinkler irrigated acres. The method for determining future Well depletions will be those set out in the Decree at ¶17.3.3.2. The Well will be subject to all the terms and conditions for operation as for other Member Wells in the Decree. 4.2. Net Stream Depletions. Depletions resulting from the consumptive use of groundwater and accretions resulting from deep percolation of groundwater applied for irrigation will be lagged back to the South Platte River using the Glover alluvial aquifer method and the following parameters.

 

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Aquifer Parameters as Decreed in 02CW335 for the Well Admi

n. Reach WDID

X-Distance from Well to Stream (ft)

Y-Distance from Boundary to Stream

(ft)

S-Storage Coefficient

T-Harmonic Mean Transmissivity

(gpd/ft)

0205991

8,453.74 12,624.02 0.2 19,000 B

4.3 Out of priority depletions from pumping of the Well will be augmented by GMS.

17CW3054, (17CW3015 is Water Division 2 case number) DALE D. McGEHEE and STEPHANIE B. McGEHEE (Please direct all correspondence and inquires regarding this matter to Applicant’s attorney: Henry D. Worley, Worley Law Firm LLC, 611 North Weber, Suite 104, Colorado Springs, CO 80903, phone 719.634.8330, email hank.worley@pcisys.net). Application for Adjudication of Denver Basin Water Rights and for Approval of Plan for Augmentation IN EL PASO COUNTY. 1. Name and address of Applicants: Dale D. McGehee and Stephanie B. McGehee, 10958 Mt. Evans Road, Falcon, CO 80831, e-mail dalemcgehee@comcast.net; phone 719.749.7327. 2. Applicants seek a decree adjudicating water rights in the Denver Basin aquifer underlying their property, which is described as “Lot 3 Mountain Shadows Ranch Second Phase”, a 10.5 acre parcel of land located in the SW1/4 Section 19, T. 11 S., R. 65 W., 6th P.M. (the “Property”) A map depicting the location of the Property is attached as Figure 1. A copy of the Applicants’ deed to the Property is attached as Exhibit A. 3. Names of wells and permit, registration, or denial numbers: Permit no. 257593. This is a permitted, but not constructed, well in the Denver aquifer.4. Legal description of wells: There are currently no wells on the property. 5. Source: Not nontributary Dawson aquifer. 6.A. Date of appropriation: Not applicable. 6.B. How appropriation was initiated: Not applicable. 6.C. Date water applied to beneficial use: Not applicable. 7. Amounts claimed: Not nontributary Dawson aquifer: 1,026 acre feet, absolute. Nontributary Denver aquifer: 912 acre feet, absolute. Nontributary Arapahoe aquifer: 434 acre feet, absolute. Nontributary Laramie-Fox Hills aquifer: 315 acre feet, absolute. 8. Proposed use: all beneficial uses except municipal. 9. Names and addresses of owners of land on which well is located: Same as Applicants. 10. Remarks: There are no liens against the Property so the notice provisions of C.R.S. 37-92-302(2)(b) do not apply. II. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION. 11. Name of structures to be augmented: A yet-to-be constructed Dawson aquifer well. No other water rights will be diverted from the Dawson aquifer well. 12. Previous decrees for water rights to be used for augmentation: not applicable. 13. Historic use: Not applicable. 14. Statement of plan for augmentation: A. Water Demand. Applicants seek approval of a plan for augmentation which will allow them to pump 0.843 acre foot annually from the Dawson aquifer well for all beneficial uses except municipal use. The most likely uses will be for indoor uses for drinking and sanitary purposes in a residence, for livestock watering, for landscape and garden irrigation, including in a greenhouse, for a hot tub or swimming pool, for fire suppression and for augmentation of depletions pursuant to the augmentation plan applied for herein. B. Water Consumption and Return Flows. Annual indoor water usage for the principal house is assumed by the State Engineer to be at least 0.2 acre foot. It is generally accepted that no more than ten percent of water used indoors in residences using non-evaporative septic systems and leach fields for wastewater disposal is consumed, with 90 percent, or annual return flows of 0.18 acre foot returning to the stream system. Although there will be some return flows from other uses, Applicants will rely only on return flows from septic systems and leach fields for replacement of depletions during a proposed 300 year pumping period. C. Allowable Annual Pumping and Replacement of Stream Depletions During Pumping. Based on computer modeling, stream depletions will occur to tributaries of the South Platte and Arkansas Rivers. Applicant proposes to aggregate and replace all stream depletions to East Cherry Creek, a tributary of Cherry Creek and the South Platte River. Computer modeling for a nearby property indicates that during pumping total stream

 

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depletions will gradually increase to a maximum of 21.35 percent of annual pumping in the 300th year. Under Applicants’ proposed pumping limit of 0.843 acre foot annually for 300 years, septic system return flows will equal or exceed depletions every year of the 300 year pumping period. D. Replacement of Stream Depletions After Cessation of Pumping. Applicants will reserve approximately 226 acre feet from the nontributary Denver aquifer underlying the Property for the replacement of post-pumping depletions, unless and until such time as the obligation to replace post-pumping depletions is elmiinated, or unless Applicants obtain judicial approval of another source of replacement water for post-pumping depletions. Applicants shall make post-pumping replacements annually as required to replace modeled stream depletions. Applicants propose to aggregate all depletions and to replace them to the South Platte drainage. E. Miscellaneous. (1) Applicants will include in the decree provisions which (a) limit annual pumping from the proposed Dawson aquifer well to 0.843 acre feet annually and 253 acre feet total: (b) require the use of a non-evaporative septic system for wastewater treatment; (c) reserve adequate nontributary water for replacement of post-pumping depletions, which reservation may be voided upon the occurrence of any of the events specified above eliminating the need for such reservation; (d) inform future owners that utilization of water for indoor residential purposes is required in order to generate the necessary return flows for augmentation; (e) indicate that the owners will be required to construct a well or wells into the Denver aquifer underlying the Property for replacement of post-pumping depletions if the source of augmentation water is unchanged; and (e) curtail all diversions from the Dawson aquifer well unless a single family home on the Property is being occupied, so septic system return flows will be present to replace depletions during the pumping period. Provisions otherwise limiting the uses to which water may be used on the Property are unnecessary because the annual pumping limitations, and the requirement that non-evaporative septic systems be used, ensures that septic system return flows alone will equal depletions throughout the 300 year pumping period. (2) This application is being filed in both Water Divisions 1 and 2 because stream depletions will occur in both the South Platte and Arkansas River drainages. After the time for filing statements of opposition has expired, Applicants will seek to consolidate the two applications in Water Division 1. (3) It is not uncommon in applications such as this for values for amounts of water available for appropriation, amounts which may be pumped annually pursuant to the plan for augmentation, depletion factors, and amounts required to replace post-pumping depletions to vary somewhat from the values determined by the Division of Water Resources. Applicants hereby give notice that they reserve the right to amend the figures set forth herein as necessary to conform to the State’s figures regarding such issues. 17CW3055 ST. MARY’S GLACIER WATER AND SANITATION DISTRICT, c/o Kristan Buck, Centennial Consulting Group, 2619 Canton Court, Suite A, Fort Collins, Colorado 80525, kristan@ccgcolorado.com, 970-484-0101, extension 10; c/o Colin B. Mielke, Esq., Seter & Vander Wall, P.C., 7400 E. Orchard Road, Suite 3300, Greenwood Village, Colorado 80111, cmielke@svwpc.com, 303-770-2700; Attorneys: Veronica A. Sperling, Paul F. Holleman, Buchanan Sperling & Holleman PC, 1525 Spruce Street, Suite 200, Boulder, Colorado 80302, vsperling@tbvs.net, fholleman@tbvs.net, 303-431-9141. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE CONDITIONAL WATER RIGHT PARTIALLY ABSOLUTE, IN CLEAR CREEK COUNTY. 2. Names of structures: St. Mary’s Well No. 3 (a/k/a St. Mary’s Well No. 5) - Permit No. 23293-F; St. Mary’s Well No. 4 - Permit No. 053328-F (expired); St. Mary’s Well No. 5 (a/k/a St. Mary’s Well No. 3) - Permit No. 056389-F. 3. Describe conditional water rights giving the following from the previous decree: A. Date of original decree: April 8, 1975; Case No.: W-7825-74; Court: District Court, Water Division 1. B. Subsequent decrees: Decrees finding reasonable diligence for the conditional water rights and/or making them partially absolute were entered in Case Nos. W-7825-79 on December 2, 1981, 83CW069 on October 1, 1984, 87CW053 on December 9, 1988, 94CW235 on October 25, 1995, 2001CW195 on December 9, 2002 and 08CW288 on March 8, 2011, all District Court, Water Division 1. C. Location: St. Mary’s Well No. 3 (a/k/a St. Mary’s Well No. 5) - Permit No. 23293-F: In the NW1/4SE1/4, Section 35, Township 2 South, Range 74 West of the 6th P.M., Clear Creek County, at a point 1700 feet North and 2500 feet West of the SE Corner, Section 35; St. Mary’s Well No. 4 - Permit

 

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No. 053328-F (expired): In the SE1/4SW1/4, Section 35, Township 2 South, Range 74 West of the 6th P.M., Clear Creek County, at a point 130 feet North and 2250 feet East of the SW Corner, Section 35; St. Mary’s Well No. 5 (a/k/a St. Mary’s Well No. 3) - Permit No. 056389-F: In the SE1/4NW1/4, Section 2, Township 3 South, Range 74 West of the 6th P.M., Clear Creek County, at a point 1500 feet South and 1700 feet East of the NW Corner, Section 2. D. Source: Groundwater, tributary to Clear Creek. E. Appropriation date: December 20, 1974. F. Amounts: St. Mary’s Well No. 3 (a/k/a St. Mary’s Well No. 5) - Permit No. 23293-F: 0.06 cfs (27gpm) ABSOLUTE; 0.16 cfs (73 gpm) CONDITIONAL; St. Mary’s Well No. 4 - Permit No. 053328-F (expired): 0.22 cfs (100 gpm) CONDITIONAL; St. Mary’s Well No. 5 (a/k/a St. Mary’s Well No. 3) - Permit No. 056389-F: 0.22 cfs (100 gpm) CONDITIONAL. G. Use: Domestic, commercial, industrial, municipal, and non-consuming recreational together with St. Mary’s Well No. 1-13050-F and St. Mary’s Well No. 2-12482-F. H. Depth: St. Mary’s Well No. 3 (a/k/a St. Mary’s Well No. 5) is approximately 90 feet deep; St. Mary’s Well No. 4 has not been constructed; St. Mary’s Well No. 5 (a/k/a St. Mary’s Well No. 3) is approximately 134 feet deep. 4. Detailed outline of what has been done toward completion or for completion of the appropriation and application of water to beneficial use as conditionally decreed, including expenditures, during the diligence period: Applicant is a quasi-municipal water and sanitation district organized pursuant to statute to provide water and sewer service to its inhabitants. Development of its system is keyed to its service plan report, which provides for development of the water rights used to serve the District over a period of years. The water rights involved in this application are part of an overall comprehensive plan for development by applicant. During the diligence period, water was pumped from St. Mary’s Well No. 3 (a/k/a St. Mary’s Well No. 5) at a maximum rate of 0.145 cfs (66 gpm), which exceeds the amount previously decreed absolute, and was thereafter placed to beneficial use for the decreed purposes. During the diligence period, water was pumped from St. Mary’s Well No. 5 (a/k/a St. Mary’s Well No. 3) at a maximum rate of 0.22 cfs (100 gpm) and was thereafter placed to beneficial use for the decreed purposes. In addition, during the diligence period, three new taps were added to the applicant’s water system, approximately $2,543,500 were expended for operation, maintenance and repair of the existing water system, and applicant also incurred engineering costs associated with the development of the water system that total approximately $68,854. The projects associated with these expenses include the installation of new mag meters on St. Mary’s Well Nos. 3 and 5, the purchase and installation of a beacon system for remote monitoring of wells and booster stations, and installation and rebuilding and/or replacement of the pressure reducing valves on the distribution system. As additional homes are constructed within the District, additional pumping capacity and additional wells will be utilized in accordance with applicant’s overall development plan. 5. If claim to make absolute – water applied to beneficial use: A. Date, Amount, Use: St. Mary’s Well No. 3 (a/k/a St. Mary’s Well No. 5): December 7, 2013 and thereafter; 0.085 cfs (39 gpm) in addition to the 0.06 cfs (27.0 gpm) already decreed absolute, for a total absolute of 0.145 cfs (66 gpm); all decreed uses; St. Mary’s Well No. 5 (a/k/a St. Mary’s Well No. 3): April 19, 2014 and thereafter; 0.22 cfs (100 gpm); all decreed uses. B. Description of place of use where water is applied to beneficial use: Within the District’s boundaries. 6. Names and addresses of owners or reputed owners of the land upon which any new diversion structure or storage structure, or modification to an existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: St. Mary’s Well No. 4 - Permit No. 053328-F (expired): CJ Galbraith, PO Box 664, Blue Hill, ME 04614. 7. Remarks: The subject wells are operated pursuant to the plan for augmentation decreed in Case No. W-7648, District Court, Water Division No. 1, on March 7, 1975. WHEREFORE, St. Mary’s Glacier Water and Sanitation District requests the Court to enter a decree (1) making absolute an additional 0.085 cfs (39.0 gpm) of the water right for St. Mary’s Well No. 3 (a/k/a St. Mary’s Well No. 5), (2) making absolute 0.22 cfs (100 gpm) of the water right for St. Mary’s Well No. 5 (a/k/a St. Mary’s Well No. 3), and (3) finding and determining that the District has exercised reasonable diligence in the development of the subject conditional water rights and continuing the remaining conditional portions of the subject water rights in full force and effect for an additional diligence period.

 

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17CW3056 RAYMOND J. RUGLOSKI AND CAROLYN E. RUGLOSKI, 1455 Country Club Drive, Lake Ozark, MO 65049 and ROGERS & ROGERS ENERGY, LP, DAVID Y. ROGERS AND NANCY A ROGERS, P.O. Box 50369, Midland, TX 79710. APPLICATION TO MAKE ABSOLUTE OR IN THE ALTERNATIVE FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Please send all correspondence and pleadings in care of counsel, Monson, Cummins & Shohet, LLC, ATTN: David M. Shohet, 319 N. Weber Street, Colorado Springs, CO 80903, (719) 471-1212. Name of Structures: High Chaparral Spring No. 3, Sims Creek Pond No. 6, High Chaparral Pond No. 1, High Chaparral Pond No. 2, High Chaparral Pond No. 3, High Chaparral Pond No. 6, High Chaparral Pond No. 7, High Meadows Pond No. 2, High Chaparral Pond No. 5. Describe Conditional Water Right (As To Each Structure) Including The Following Information From Previous Decree: Original Decree: Case No. 96CW1038, District Court, Water Division No. 1, decreed on December 4, 2002. List All Subsequent Decrees Awarding Findings of Diligence: Case No. 08CW300, District Court, Water Division No. 1, decreed on March 24, 2011. Legal Descriptions: High Chaparral Spring No. 3. located in the SW1/4 NW1/4 of Section 30, Township 13 South, Range 72 West, 6th P.M., being 2200 feet from the north line and 800 feet from the west line of said Section 30. Sims Creek Pond No. 6. The dam for this reservoir is located in the SW1/4 NE1/4 of Section 30, Township 13 South, Range 72 West, 6th P.M., being 2500 feet from the north line and 2250 feet from the east line of said Section 30. High Chaparral Pond No. 1. The dam for this reservoir is located in the NW1/4 NE1/4 of Section 36, Township 13 South, Range 73 West, 6th P.M., being 600 feet from the north line and 2480 feet from the east line of said Section 36. High Chaparral Pond No. 2. The dam for this reservoir is located in the SW1/4 SW1/4 of Section 30, Township 13 South, Range 72 West, 6th P.M., being 1150 feet from the south line and 1090 feet from the west line of said Section 30. High Chaparral Pond No. 3. The dam for this reservoir is located in the SW1/4 SW1/4 of Section 30, Township 13 South, Range 72 West, 6th P.M., being 840 feet from the south line and 1150 feet from the west line of said Section 30. High Chaparral Pond No. 5. The dam for this reservoir is located in the NE1/4 SW1/4 of Section 36, Township 13 South, Range 73 West, 6th P.M., being 1950 feet from the south line and 1950 feet from the west line of said Section 36. High Chaparral Pond No. 6. The dam for this reservoir is located in the NW1/4 NW1/4 of Section 30, Township 13 South, Range 72 West, 6th P.M., being 1120 feet from the north line and 1120 feet from the west line of said Section 30. High Chaparral Pond No. 7. The dam for this reservoir is located in the NW1/4 NW1/4 of Section 30, Township 13 South, Range 72 West, 6th P.M., being 1000 feet from the north line and 1210 feet from the west line of said Section 30. High Meadows Pond No. 2. The dam for this reservoir is located in the SW1/4 SE1/4 of Section 36, Township 13 South, Range 73 West, 6th P.M., being 210 feet from the south line and 1850 feet from the east line of said Section 36. Sources: High Chaparral Spring No. 3. A spring tributary to an unnamed drainage, tributary to the South Platte River. Sims Creek Pond No. 6. Surface flows of Simms Creek tributary to the South Platte River. High Chaparral Pond No. 1. High Chaparral Spring No. 2, High Chaparral Spring No. 1 decreed in Water Division 1, Case No. 96CW128 and the flows of an unnamed drainage tributary to the South Platte River. High Chaparral Pond No. 2. An unnamed drainage tributary to Simms Creek, tributary to South Platte River and storage water from Simms Creek Pond No. 7 and No. 8. High Chaparral Pond No. 3. An unnamed drainage tributary to Simms Creek, tributary to South Platte River and storage water from Simms Creek Pond No. 7 and No. 8. High Chaparral Pond No. 5. High Chaparral Spring No. 2 and the flows in an unnamed drainage, tributary to the South Platte River. High Chaparral Pond No. 6. High Chaparral Spring No. 3 and the flows of an unnamed drainage, tributary to the South Platte River. High Chaparral Pond No. 7. High Chaparral Spring No. 3 and the flows of an unnamed drainage, tributary to the South Platte River. High Meadows Pond No. 2. High Meadows Spring No. 1, No. 2 and No. 3, and High Meadows Forebay and Pipeline and also an unnamed drainage, tributary to Simms Creek, tributary to the South Platte River. High Meadows Spring No. 1, No. 2 and No. 3 and High Meadows Forebay and Pipeline are decreed in Water Division 1, Case No. 96CW129 and are further described therein. Amounts: High Chaparral Spring No. 3. 3.4 gpm conditional. Sims Creek Pond No. 6. 1.0 acre feet conditional. High Chaparral Pond No. 1. 0.4 acre feet conditional. High Chaparral Pond No. 2. 0.5 acre feet conditional. High Chaparral Pond No. 3. 2.6 acre feet conditional. High Chaparral

 

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Pond No. 5. 0.3 acre feet conditional. 0.1 acre foot of this conditional water right was made absolute in Case No. 08CW300. High Chaparral Pond No. 6. 0.5 acre feet conditional. High Chaparral Pond No. 7. 0.4 acre feet conditional. High Meadows Pond No. 2. 1.2 acre feet conditional. Appropriation Dates: High Chaparral Spring No. 3. July 26, 1996. Sims Creek Pond No. 6. July 26, 1996. High Chaparral Pond No. 1. July 26, 1996. High Chaparral Pond No. 2. July 26, 1996. High Chaparral Pond No. 3. July 26, 1996. High Chaparral Pond No. 5. July 26, 1996. High Chaparral Pond No. 6. July 26, 1996. High Chaparral Pond No. 7. July 26, 1996. High Meadows Pond No. 2. May 12, 1996. Uses: The use for all structures is riparian habitat, wildlife and fish propagation, wetlands enhancement, erosion control, livestock watering and storage for those purposes. Detailed Outline Of What Has Been Done Toward Completion Or For Completion Of The Appropriation And Application Of Water To A Beneficial Use As Conditionally Decreed, Including Expenditures, During The Previous Diligence Period: In Case No. 96CW1038, Raymond & Carolyn Rugloski (the “Rugloskis”) obtained a conditional decree for two surface water rights and eighteen water storage rights along with a plan for the augmentation for a portion of those rights as well as six surface water rights adjudicated in Case No. 96CW129 and 1 surface water right adjudicated in Case No. 96CW128. With the filing of the three applications, the Rugloskis intent was to develop an overall wildlife habitat plan for their property including the development of wetlands, as well as ponds to maintain fish, wildlife and livestock watering and the attendant riparian habitat enhancement resulting from the impoundment of the water for such storage purposes. One of the springs and 10 of the storage water rights decreed in Case 96CW1038 were made absolute in Case No. 08CW300. The court found that the Rugloskis had been diligent towards perfecting the remaining conditional spring and eight water storage rights. This application seeks a finding of continue diligence of the remaining conditional water rights originally decreed in Case No. 96CW1038 and not made absolute in Case No. 08CW300. During this diligence period, the Rugloskis have actively marketed their water rights for sale. In two separate transactions, one in 2011 and one in 2012, the Rugloskis conveyed to Rogers & Rogers Energy, LP, and David & Nancy Rogers (the “Rogers”) the High Chaparral Spring No. 1 (decreed in Case No. 96CW128), the High Chaparral Spring No. 2 (decreed in Case No. 96CW1038 and made absolute in Case No. 08CW300), the High Chaparral Pond No. 1 (decreed in Case No. 96CW1038) and the High Chaparral Pond No. 5 (decreed in Case No. 96CW1038 and made partially absolute in Case No. 08CW300). The Rugloskis and Rogers have been in discussions since 2013 for the purchase of all or a portion of the remaining water rights owned by the Rugloskis. The Rugloskis have also constructed several small ponds and reservoirs and developed several small springs. Applicants have also performed site preparation, cleaned and maintained the flow pathways, and allowed water to flow in its natural course to the ultimate beneficial uses adjudicated for the overall wildlife habitat plan. The Applicants have expended $36,922.00 relating to the construction and maintenance of its water rights subject to their wildlife development plan. Based on the expenditures relating to development of the overall wildlife habitat plan, the construction of certain ponds, the development of certain springs decreed in companion cases, the Applicants have established that they can and will complete the development of the adjudicated water rights and place them to beneficial use within a reasonable period. Claim to Make Absolute: None. Names And Addresses of Owners: Applicants are the owners of the land upon which all water rights are located and the place of use for said water rights.  

 17CW3057 North Weld County Water District (District), P.O. Box 56, Lucerne, Colorado 80646. Telephone: (970) 356-3020. Please send correspondence and pleadings to: Bradley C. Grasmick and Curran A. Trick, Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO 80534. Telephone: (970) 622-8181; brad@ljcglaw.com ; curran@ljcglaw.com. APPLICATION FOR CHANGE OF WATER RIGHTS, ALTERNATE POINTS OF DIVERSION, ALTERNATE PLACES OF STORAGE AND EXCHANGE, in LARIMER AND WELD COUNTIES. 2. Name of water rights to be changed. 4.75 shares of The Water Supply and Storage Company ("WSSC"), hereinafter “Shares.” The District is not changing its pro-rata entitlement to the Jackson Ditch Company shares owned by WSSC in this application. 3. Previous decrees. 3.1. The Decreed Water Rights of WSSC are as follows:

 

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Name Amount Source Location Sec Twn

Rge

Appropriation Date

Adjudication Date

Judicial Proceeding

WSSC Res. No. 1 (Rocky Ridge)

4,726.0 af CLP SW SE SW 11-8N-69W

1891/09/01 1904/12/09 Case 1591 Original

WSSC Res. No. 5 (Long Pond)

4,037.0 af CLP SW SE NW 31-8N-68W

1891/09/01 1904/12/09 Case 1591 Original

Lindenmeier Lake

608.0 af Long Pond Res.

SW NW NE 6-7N-68W

1892/02/16 19/12/09 Case 1591 Original

WSSC Res. No. 4

310.0 af Long Pond Res.

23-8N-69W 1892/02/16 1904/12/09 Case 1591 (W-7821-74) Original

WSSC Res. No. 4

422.0 af WSSC Res. #2 & #3

SE NE SW 23-8N-69W

1900/12/12 1904/12/09 Case 1591 Original

Black Hollow Res.

6,428.0 af CLP SE SE SE 34-8N-67W

1906/02/20 1922/04/22 Case 2031 Supp.

Chambers Lake Reservoir

3,577.0 af Joe Wright Crk. Fall River Crk. & Trap Creek

NE NE SE 6-7N-75W

1910/05/28 1922/04/22 Case 2031 Supp.

Kluver Res. 1,562.0 af CLP SW NE NW 23-8N-69W

1911/05/01 1945/12/18 Case 5362 Supp.

Black Hollow Res.

2,158.0 af CLP SE SE SE 34-8N-67W

1918/10/05 1945/12/18 Case 5362 Supp.

Long Draw Res.

4,201.0 af Long Draw Crk.

NE NW SE 11-6N-75W

1922/06/05 1945/12/18 Case 5362 Supp.

Chambers Lake Reservoir

2,197.0 af Joe Wright Crk. Fall River Crk. & Trap Creek

NE NE SE 6-7N-75W

1922/12/03 1945/12/18 Case 5362 Supp.

WSSC Res. No. 2, 3

3,615.0 af CLP NE SE SW 14-8N-69W

1943/10/04 1953/09/10 Case 11217 Supp.

WSSC Res. No. 2, 3

445.9 af CLP NE SE SW 14-8N-69W

1943/10/04 1953/09/10 Case 11217 (W-112-74) Supp.

WSSC Res. No. 2, 3

138.0 af CLP NE SE SW 14-8N-69W

1943/10/04 1977/12/31 W-112-77 Supp.

Long Draw Res.

6,600.0 af CLP NE NW SE 11-6N-75W

1965/08/31 1977/12/31 W-9322-78 (83CW126) Supp.

Trap Lake II 3,800.0 af Trap Creek NW NW SW 21-7N-75W

1982/06/16 1982/12/31 82CW289 Supp. – Cond.

Transbasin Chambers Lake Reservoir

11,478.0 af Big Laramie River

6-7N-75W 1891/08/07 1896/10/30 Case 1247 Original

 

27  

Name Amount Source Location Sec Twn

Rge

Appropriation Date

Adjudication Date

Judicial Proceeding

Laramie River Ditch (Skyline Ditch)

300.00 cfs West Branch Laramie River

NE NE SW 14-8N-76W

1891/08/07 1896/10/30 Case 1247 84CW204 Supp.

Cameron Pass Ditch

10.0 cfs Michigan River

SE 2-6N-76W

1882/07/30 1902/04/23 Case 1519 Original

Cameron Pass Ditch

18.0 cfs Michigan River

NW SE 2-7N-76W

1898/07/07 190204/23 Case 1519 Original

Grand River Ditch Alternate Point Alternate Point

524.6 cfs Colorado River

NE SW NW 21-6N-75W NW NE NW 28-5N-76W NW NE SE 29-6N-75W

1890/09/01 1906/08/11 Case 112 Original

Laramie River Tunnel

300.0 cfs Big Laramie River

NE SW 7-8N-75W

1902/08/25 1914/02/20 Case 2725 Case 5993 84CW204 Supp.

Rawah Ditch 225.0 cfs Rawah Creek

NE NE SW 32-9N-76W

1902/08/25 1914/02/20 Case 2725 Case 5993 Supp.

Rawah and Lower Supply Ditch

275.0 cfs Rawah Creek

SE SE SW 14-9N-76W

1902/08/25 1914/02/20 Case 2725 Case 5993 Supp.

McIntyre Ditch 40.0 cfs McIntyre Creek

SE NE NE 31-9N-76W

1902/08/25 1914/02/20 Case 2725 Case 5993 Supp.

Link Lake No. 1

1050 af Rawah Creek

SE 7-8N-76W

1902/08/25 1914/02/20 Case 2725 Case 5993 Supp.

Link Lake No. 2

1,400.0 af Rawah Creek

SW 5-8N-76W

1902/08/25 1914/02/20 Case 2725 Case 5993

Link Lake No. 3

525.0 af Rawah Creek

NW 5-8N-76W

1902/08/25 1914/02/20 Case 2725 Case 5993

Link Lake No. 4

592.0 af Rawah Creek

SW 32-9N-76W

1902/08/25 1914/02/20 Case 2725 Case 5993 Supp.

Link Lake No. 5

700.0 af Rawah Creek

NE 5-8N-76W

1902/08/25 1914/02/20 Case 2725 Case 5993

Link Lake No. 6

300.0 af Rawah Creek

SW 32-9N-76W

1902/08/25 1914/02/20 Case 2725 Case 5993

Link Lake No. 7

440.0 af Rawah Creek

NE 5-8N-76W

1902/08/25 1914/02/20 Case 2725 Case 5993

Link Lake No. 8

2,000.0 af Rawah Creek

SW 4-8N-76W

1902/08/25 1914/02/20 Case 2725 Case 5993 Supp.

Link Lake No. 9

574.0 af Rawah Creek

NE 6-8N-76W

1902/08/25 1914/02/20 Case 2725 Case 5993 Supp.

Link Lake No. 10

425.0 af McIntyre Creek

NE 31-9N-76W

1902/08/25 1914/02/20 Case 2725 Case 5993

 

28  

Name Amount Source Location Sec Twn

Rge

Appropriation Date

Adjudication Date

Judicial Proceeding

Supp. Link Lake No. 11

1,148.0 af McIntyre Creek

SW 31-9N-76W

1902/08/25 1914/02/20 Case 2725 Case 5993 Supp.

Link Lake No. 12

138.0 af Rawah Creek

NW 4-8N-76W

1902/08/25 1914/02/20 Case 2725 Case 5993 Supp.

Link Lake No. 13

597.0 af Rawah Creek

NE 29-9N-76W

1902/08/25 1914/02/20 Case 2725 Case 5993 Supp.

Link Lake No. 14

597.0 af Spring Creek

NE 29-9N-76W

1902/08/25 1914/02/20 Case 2725 Case 5993 Supp.

Laramie Lake 340.0 af Drainage SE NW 32-8N-75W

1890/07/01 1944/09/11 Case 5993 Supp.

Lost Lake 288.0 af Drainage SW SE 31-8N-75W

1890/07/02 1944/09/11 Case 5993 Supp.

Lily Lake 178.0 af Drainage SE NW 29-8N-78W

1912/07/01 1944/09/11 Case 5993 Supp.

Seepage Lind Reservoir 54.9 af Seepage SE NE SE

35-8N-68W 1881/04/21 1972/12/31 W-1748

W-1877 Supp.

WSSC Seepage A

2.0 cfs Seepage NE NE NW 20-8N-69W

1881/04/21 1972/12/31 W-1877 Supp.

WSSC Seepage B

2.0 cfs Seepage SE SE SE 17-8N-69W

1881/04/21 1972/12/31 W-1877 Supp.

WSSC Seepage 1

5.0 cfs Seepage

SW NW SW 4-8N-69W

1881/04/21 1972/12/31 W-1877 Supp.

WSSC Seepage 2

12.0 cfs Seepage SW NW NE 3-8N-69W

1881/04/21 1972/12/31 W-1877 Supp.

WSSC Seepage 2a

4.0 cfs Seepage NW SW SE 17-8N-68W

1881/04/21 1972/12/31 W-1877 Supp.

WSSC Seepage 2b

2.0 cfs Seepage NW SW SE 17-8N-68W

1881/04/21 1972/12/31 W-1877 Supp.

WSSC Seepage 3

20.0 cfs Seepage NE SW NW 14-8N-68W

1881/04/21 1972/12/31 W-1877 Supp.

WSSC Seepage 4

1.0 cfs Seepage NE NW SW 14-8N-68W

1881/04/21 1972/12/31 W-1877 Supp.

WSSC Seepage 6

2.0 cfs Seepage NW NW SW 31-8N-67W

1881/04/21 1972/12/31 W-1877 Supp.

WSSC Seepage 7

2.0 cfs Seepage NW SW SE 6-7N-67W

1881/04/21 1972/12/31 W-1877 Supp.

WSSC Seepage 7a

0.1 cfs Seepage SW NE SW 8-7N-67W

1881/04/21 1972/12/31 W-1877 Supp.

WSSC Seepage 7b

0.3 cfs Seepage SW SW SE 8-7N-67W

1881/04/21 1972/12/31 W-1877 Supp.

WSSC 2.0 cfs Seepage NW NW 1960/06/01 1972/12/31 W-1877

 

29  

Name Amount Source Location Sec Twn

Rge

Appropriation Date

Adjudication Date

Judicial Proceeding

Seepage 7c SW 13-7N-67W

Supp.

WSSC Seepage 8

0.62 cfs Seepage NE SE SE 5-7N-66W

1881/04/21 1972/12/31 W-1877 Supp.

WSSC Seepage 9

1.0 cfs Seepage SE NE SE 5-7N-66W

1881/04/21 1972/12/31 W-1877 Supp.

WSSC Seepage 10

0.9 cfs Seepage SW NW SW 4-7N-66W

1881/04/21 1972/12/31 W-1877 Supp.

4. Historic use. The Shares were historically used for irrigation on two farms, 3.0 shares on the Lind Farm in Weld County and 1.75 shares on the Benson Farm in Weld County. 4.1. Lind Farm (3.0 Shares). On average, approximately 147.6 acres were irrigated on the Lind Farm in the N/2 and the N/2S/2 of Section 23, Township 7 North, Range 67 West of the 6th P.M., Weld County Colorado. See Exhibit A. 4.2. Benson Farm (1.75 Shares). On average, approximately 101.0 acres were irrigated on the Benson Farm in the NW/4 of Section 8, Township 7 North, Range 66 West of the 6th P.M., Weld County Colorado. See Exhibit B. 5. Proposed changes. 5.1. Change in Point of Diversion. In addition to diverting at the currently decreed point of diversion, Applicant seeks approval to divert its proportional interest in the Shares at the following alternate points of diversion (APODs), subject to approval of the owners of the structures for use of the structures: 5.1.1. Munroe Gravity Canal (a.k.a. North Poudre Supply Canal), the headgate of which located on the east bank of the Cache La Poudre River in the SW1/4, NE1/4 of Section 5, Township 8 North, Range 70 West, at a point whence the Southeast corner of Section 5 bears South 37º27’30” East 3,647.5 feet. 5.1.2. New Mercer Ditch, the headgate of which is located on the south side of the Cache La Poudre River approximately one mile above the Town of LaPorte SW1/4 of Section 29, Township 8 North, Range 69 West, at a place called Point of Rocks. 5.1.3. Larimer County Canal No. 2, the headgate of which is located on the south side of the Cache La Poudre River approximately one mile above the Town of LaPorte in the SW1/4 of Section 29, Township 8 North, Range 69 West, at a place called Point of Rocks. 5.1.4. Overland Trail Diversion Structure, with a point of diversion located on the South side of the Cache la Poudre River at a point 2,400 feet West and 1,500 feet North of the Southeast corner of Section 33, Township 8 North, Range 69 West. 5.1.5. The Arthur Ditch a/k/a the Arthur Irrigation Company Headgate, which is located on the south bank of the Cache la Poudre River in the SW/4 of Section 34, Township 8 North, Range 69 West, 6th P.M., Larimer County, Colorado. 5.1.6. North Poudre No. 16 (a/k/a Halligan Reservoir), as the same may be enlarged, which is located on the North Fork of the Cache la Poudre River, upon portions of Sections 29, 32, 33 and 34, Township 11 North, Range 71 West. See Exhibit C and Exhibit D for a map depicting the locations above. 5.2. Change to include storage. The Shares may be stored prior to subsequent beneficial use in addition to the existing direct flow use. The Shares may be stored in any reservoir to which the District currently possess or may in the future acquire storage rights, including but not limited to: 5.2.1. Chambers Lake, located in portions of Sections 6 and 7, Township 7 North, Range 75 West, 6th P.M., and Section 31, Township 8 North, Range 75 West, 6th P.M., Larimer County. 5.2.2. Long Draw Reservoir, located in portions of Sections 10, 11, and 15, Township 6 North, Range 75 West, 6th P.M., Larimer County. 5.2.3. Black Hollow Reservoir, located in portions of Section 34, Township 8 North, Range 67 West, 6th P.M., and Section 3, Township 7 North, Range 67 West, 6th P. M, Weld County. 5.2.4. Curtis Lake, located in portions of Sections 16 and 17, Township 8 North, Range 69 West, 6th P.M., Larimer County. 5.2.5. Kluver Reservoir, located in portions of Sections 14, 15, 22, and 23, Township 8 North, Range 69 West, 6th P.M., Larimer County. 5.2.6. Lindenmeier Lake, located in portions of Section 31, Township 8 North, Range 68 West, 6th P.M., and Section 6, Township 7 North, Range 68, West, 6th P.M., Larimer County. 5.2.7. Richards Lake, located in portions of Section 30, Township 8 North, Range 68 West, 6th P.M., and Section 25, Township 8 North, Range 69, West, 6th P.M., Larimer County. 5.2.8. Water Supply and

 

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Storage Reservoir No. 1 (a.k.a. Rocky Ridge Reservoir), located in portions of Sections 10, 11, and 14, Township 8 North, Range 69 West, 6th P.M., Larimer County. 5.2.9. Water Supply and Storage Reservoir No. 3, located in portions of Sections 10, 11, 14, and 15, Township 8 North, Range 69 West, 6th P.M., Larimer County. 5.2.10. Water Supply and Storage Reservoir No. 4, located in portions of Sections 14 and 23, Township 8 North, Range 69 West, 6th P.M., Larimer County. 5.2.11. Water Supply and Storage Reservoir No. 5 (a.k.a. Long Pond), located in portions of Sections 25 and 36, Township 8 North, Range 69 West, 6th P.M., and Sections 30 and 31, Township 8 North, Range 68, West, 6th P.M., Larimer County. 5.2.12. The Overland Trail Reservoirs, subject of the decree entered on December 6, 2013 in Case No. 00CW251, which will be a series of hydraulically connected, lined gravel pits located in parts of the SE1/4 of Section 32, the S1/2 of Section 33, Township 8 North, Range 69 West, the N1/2 of Section 4, and the E1/2 of the NW1/4, the SW1/4 of the NE1/4, and the NW1/4 of the SE1/4 of Section 3, Township 7 North, Range 69 West. Water from the Shares may also be exchanged after storage in the Overland Trail Reservoirs pursuant to the exchange decreed in Case No. 00CW251. 5.2.13. Horsetooth Reservoir, located upon all or portions of Sections 5, 6 and 8, Township 6 North, Range 69 West, 6th P.M., and of Sections 6, 7, 18, 19, 20, 29, 30, 31 and 32, Township 7 North, Range 69 West, 6th P.M., and the SE/4 of Section 1, Township 7 North, Range 70 West of the 6th P.M. 5.2.14. North Poudre No. 16 (a/k/a Halligan Reservoir), as the same may be enlarged, which is located on the North Fork of the Cache la Poudre River, upon portions of Sections 29, 33 and 34, Township 11 North, Range 71 West. (Collectively, the "Reservoirs") All Reservoirs identified in ¶5.2.1 thorough ¶5.2.14 above, are located in Larimer County, Colorado or Weld County, Colorado. The District will not store the Shares in the Reservoirs unless they first obtain the right to use those structures from the appropriate persons or entities. The District reserves the right to carry over any stored water from year to year in the Reservoirs. See Exhibit C and Exhibit D for a map depicting the locations above. 5.3. Change in use. The District seeks to add the following uses to the previously decreed irrigation use for the Shares: all water district uses, either directly or following storage, including but not limited to irrigation, domestic, municipal, mechanical, industrial, commercial, manufacturing, fire protection, sewage treatment, watering of parks, lawns and grounds, recreation, fish culture, maintenance and preservation of wildlife, exchange, augmentation, replacement, adjustment and regulation of the District water system. 5.4. Change in place of use. The new uses of the Shares will be made by the District within its service area as the same may exist now or from time to time may be expanded to serve proximate areas and outside the same pursuant to agreements between the District and others who take delivery of water from the District’s water system. 5.5. Exchanges. Applicant appropriated by Board Resolution on March 13, 2017 and seeks adjudication of the conditional exchanges described herein, subject to approval of the owners of the structures for use of the structures. The exchange reaches will be in the Cache La Poudre River reaches and its tributaries between each of the points described in 5.5.1 and each of the points described in 5.5.2. An exchange matrix is attached hereto as Exhibit E. 5.5.1. Exchange From Locations. Applicant will release all or a portion of the shares for exchange at the places at the maximum rates of flow shown herein. Applicant may exchange from any of these locations individually or in combination to the Exchange To locations described in paragraph 5.5.2. 5.5.1.1. Chambers Lake, described in ¶5.2.1. 50 c.f.s. 5.5.1.2. Long Draw Reservoir, described in ¶5.2.2. 50 c.f.s. 5.5.1.3. Grand River Ditch, located in the SW1/4 of the NW1/4 of Section 21 Township 6 North, Range 75 West, 6th P.M., Grand County. 4.15 c.f.s. 5.5.1.4. Laramie-Poudre Tunnel, located in the NE1/4 of the SW1/4 of Section 7, Township 8 North, Range 75 West, 6th P.M., Larimer County. 2.38 c.f.s. 5.5.1.5. Laramie River Ditch (Skyline Ditch), located in the NE1/4 of the SW1/4 of Section 14, Township 8 North, Range 76 West, 6th P.M., Larimer County. 2.38 c.f.s. 5.5.1.6. Cameron Pass Ditch, located in the NW1/4 of the SE1/4 of Section 2, Township 6 North, Range 76 West, 6th P.M., Jackson County. 0.22 c.f.s. 5.5.2. Exchange To Locations. Applicant will divert water under the Exchanges at the places and rates of flow shown herein. 5.5.2.1. Chambers Lake, described in ¶5.2.1. Maximum Rate of Exchange To Chambers Lake of 50 c.f.s. 5.5.2.2. Long Draw Reservoir, described in ¶5.2.2. Maximum Rate of Exchange to Long Draw Reservoir of 50 c.f.s. 6. Diversions. The District will utilize the ditch wide determinations for WSSC as found in the Decree entered in Case No. 87CW332 and as was followed in subsequent WSSC decrees including the

 

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District’s decree in Case No. 03CW421. The District proposes to utilize the limits set forth in the 03CW421 Decree as the same may be updated to reflect river diversions since entry of that decree. The District proposes to limit its future diversions at the APOD’s APOS and/or its deliveries under the WSSC system to its pro-rata entitlement under the WSSC water rights, excluding deliveries of Colorado Big Thompson Project Water (CBT) and Jackson Ditch Company water (JDC) owned by WSSC. Future diversions at the alternate points of diversion and alternate places of storage and deliveries within the WSSC system for the Shares shall be limited to a maximum annual average of 82.05 acre-feet over any running 66-year period. 7. Dry up. North Weld has Dry-Up covenants on 267.63 total acres which have been identified as removed from irrigation between the Lind and Benson Farms under the WSSC System and shall be attributable to the Shares. The District has dry up covenants for both the Lind and Benson Farms. The District intends to follow the dry up protocol as decreed in Case No. 03CW421. 8. Historical return flows. The District will replace historical return flows from the non-trans mountain diversions attributable to the Shares in time, location, and amount as necessary to prevent injury to other vested and conditional water rights senior to the date of this application with any water rights it has which are physically and legally available to the District. The return flows are hereby reappropriated by the District for diversion and use as previously stated in this application when those return flows are in priority. 9. Name and Address of Owners of Structures or Land are as follows:

OWNER/LANDOWNER NAME AND ADDRESS STRUCTURE Northern Colorado Water Conservancy District 220 Water Avenue, Berthoud, CO 80513

Munroe Gravity Canal, Horsetooth Reservoir

North Poudre Irrigation Company P.O. Box 100, Wellington, CO 80549

Munroe Gravity Canal

United States Dept. of Interior Bureau of Reclamation Eastern Colorado Area Office 11056 W. County Road 18E Loveland, CO 80537-9711

Horsetooth Reservoir

North Poudre Irrigation Company P.O. Box 100, Wellington, CO 80549 State of Colorado, Division of Wildlife 6060 Broadway Avenue, Denver, CO 80216 United States of America Bureau of Land Management General Delivery, Washington, DC 20090 Landowners’ Association for Phantom Canyon Ranches, c/o Sandy Beardmore, 2212 Kiowa Court, Fort Collins, CO 80525 Free Enterprises, Inc., c/o Lee Stark 1803 Garfield Avenue Loveland, CO 80537 City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 Gary C. and Mary J. Packard 5142 Eagle Lake Drive Fort Collins, CO 80524 Meadow Creek Cabin Association, LLC

North Poudre #16 a/k/a Halligan Reservoir

 

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c/o Sandy Beardmore 2212 Kiowa Court Fort Collins, CO 80525 New Mercer Ditch Company P.O. Box 506, Fort Collins, CO 80522 Harry G and Michelle R Nequette 4009 Green Ridge Drive Laporte, CO 80535-9351 James S Brinks Trust PO BOX 710 Laporte, CO 80535

New Mercer Ditch

Larimer County No. 2 Irrigation Co. P.O. Box 506, Fort Collins, CO 80522 Harry G and Michelle R Nequette 4009 Green Ridge Drive Laporte, CO 80535-9351 James S Brinks Trust PO BOX 710, Laporte, CO 80535

Larimer County Canal No. 2

Western Mobile Northern, Inc P.O. Box 2187, Fort Collins, CO 80522 Western Mobile Northern, Inc. P.O. Box 8040 Ft. Wayne, IN 46898-8040 William O and Paulette M Seaworth 2305 N Taft Hill Rd. Ft. Collins, CO 80524 Kenneth C Hilt 1429 Taft Hill Road Ft. Collins, CO 80521 City of Greeley 1100 10th Street, 3rd Floor Greeley, CO 80631 Fort Collins – Loveland Water District 5150 Snead Drive Fort Collins, CO 80525 North Weld County Water District 32825 WCR 39, P.O. Box 56 Lucerne, CO 80646 East Larimer County Water District, 232 South Link Lane, Fort Collins, CO 80524

Overland Trail Diversion Structure, Overland Trail Reservoirs

Water Supply and Storage Company P.O. Box 1584, Fort Collins, CO 80522

Chambers Lake, Long Draw Reservoir, Black Hollow Reservoir, Curtis Lake, Kluver Reservoir, Lindenmeier Lake, Richards Lake, WSSC Reservoir No. 1, WSSC Reservoir No. 3, WSSC Reservoir No. 4, WSSC Reservoir No. 5, Grand River Ditch, Laramie-Poudre Tunnel, Skyline Ditch, Cameron Pass Ditch

 

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United States of America Arapaho/Roosevelt National Forest 2150 Centre Ave E Ft. Collins, CO 80526

Chambers Lake, Laramie-Poudre Tunnel, Skyline Ditch, Cameron Pass Ditch

United States of America USDI, National Park Service – RMNP PO BOX 25287 Denver, CO 80225-0287

Long Draw Reservoir, Grand River Ditch

Burd Ranch LLC c/o Richard E. Burd 1190 Grayhawk Road Eaton, CO 80615-9009 Diana Frances Varra and Thomas Edward Varra 9080 County Road 102 Nunn, CO 80648-9711

Black Hollow Reservoir

Lindenwood Homeowners' Association, Inc. 22 Forest Hills Ln Ft. Collins, CO 80524

Lindenmeier Lake

Kenneth C. Hilt 1429 N. Taft Hill Rd., Fort Collins, CO 80521 Richard Connell 5925 Palmer Ct. Ft. Collins, CO 80528 Martin Marietta Materials, Inc. 1800 N Taft Hill Road Ft. Collins, CO 80521 Martin Marietta Materials, Inc. P.O. Box 8040 Fort Wayne, IN 46898-8040 Deines Trust, Deines, Maurice L. and Alice J., Trustees 9205 W. Indian Hills Drive Sun City, AZ 85351

Overland Trail Reservoirs

Arthur Irrigation Company c/o Mark Taylor, President 700 Wood Street, Ft. Collins, CO 80521 Martin Marietta Materials, Inc. 1800 N Taft Hill Road Ft. Collins, CO 80521 Martin Marietta Materials, Inc. P.O. Box 8040 Fort Wayne, IN 46898-8040

The Arthur Ditch a/k/a Arthur Irrigation Company Headgate

The original format of this application is thirteen (13) pages in length, plus five (5) exhibits. 17CW3058 Pioneer Water and Irrigation, Inc. (“Pioneer” or “Applicant”) P.O. Box 1218, Fort Morgan, CO 80701, 970-867-305. Please send all pleadings and correspondence to Matthew Machado, Lyons Gaddis PC, P.O. Box 978, Longmont, CO 80502-0978, 303-776-9900. APPLICATION FOR 2. Name of Water Right: Pioneer Water and Irrigation, Inc. Reservoir and Recharge System and Storage

 

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FINDINGS OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE, in MORGAN COUNTY Facilities (“subject water rights”). 3. Describe conditional water right giving the following from the previous Decree: 3.1 Date of original decree, case no. and Court: The original decree for the subject water rights was entered on December 3, 1986 in Case No. 81CW407, District Court, Water Division 1 (“Original Decree”). The Original Decree included a direct flow water right of 175 cfs (57 cfs decreed absolute, and 118 cfs decreed conditional); a storage water right for 920 acre feet, with the right to fill and refill (235.9 acre feet decreed absolute, and 684.1 acre feet decreed conditional); and 66 acre feet decreed absolute in sites 12 and 13 (canal seepage). 3.2 Subsequent decrees awarding findings of diligence: 3.2.1. A second decree finding diligence for the conditional portion of the subject water rights was entered on March 20, 1996 in Case No. 92CW150, District Court, Water Division 1. 3.2.2. A third decree finding diligence for the conditional portion of the subject water rights was entered on January 14, 2004 in Case No. 03CW096, District Court, Water Division 1. In that case, a portion of the subject water rights were made absolute: an additional 12 cfs of the remaining conditional direct flow water right, for a total of 69 cfs absolute for the direct flow water right, and the entire remaining 684.1 acre-feet for the storage water right, with the right to fill and refill and maintain at full capacity when legally available. 3.2.3 A fourth decree finding diligence for the remaining conditional portion of the direct flow water right was entered on March 11, 2011 in Case No. 2010CW41. In that case, an additional 33 cfs of the direct flow water right was made absolute, for a total of 102 cfs absolute for the direct flow water right. As a result of this decree, the remaining conditional portion of the subject water right was the direct flow water right for 73 cfs, which is the subject of this Application. 3.3 Legal description of the structures: 3.3.1. The point of diversion is located in the SE1/4 Section 25, Township 4 North, Range 57 West of the 6th P.M., Morgan County, at the common headgate for the Tremont and Snyder-Smith Canals. The location of the point of diversion is depicted on EXHIBIT A. 3.3.2 The storage and recharge facilities are located generally in Townships 4 and 5 North, Range 56 West, and Township 5 North, Range 55 West, 6th P.M., Morgan County, Colorado. The specific legal locations are described in the original decree, and are included in Table 1, attached to this Application as EXHIBIT B. The location of the storage and recharge facilities are depicted on Exhibit A. 3.4 Source of Water: South Platte River 3.5 Appropriation Date: June 30, 1977. 3.6 Amount Subject to this Application: The 73 cfs of the 175 cfs direct flow water right confirmed in the Original Decree that remains conditional. 3.7 Uses: Recharge and augmentation purposes. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: 4.1 During the diligence period, Pioneer diverted water from the South Platte River through the Tremont and Snyder-Smith Canals for storage, recharge, and augmentation when available, and in priority pursuant to the subject water rights. Pioneer has continued to design and construct the storage facilities identified in the original decree, and used, repaired and maintained those facilities which are already in place and operational. 4.2. The following table shows the current status of storage facilities identified in the original decree:

SITE NO.

SITE NAME STATUS

1 Vessels Lake Constructed/Operational 2 Prairie Lake Under Design 3 Woodward West Lake Constructed/Operational 4 Snyder Lake Constructed/Operational 5 North Lake Constructed/Operational 6 Woodward East Lake Constructed/Operational 7 Walker West Lake Constructed/Operational 8 Smith Reservoir Constructed/Operational 9 Peterson Lake No. 1 Constructed/Operational

10 Peterson Lake No. 2 Constructed/Operational

 

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11 Segelke Lake Constructed Operational 12 Upper Canal Constructed/Operational 13 Lower Canal Constructed/Operational

4.3. Specific tasks accomplished throughout the diligence period, and on the aforementioned recharge facilities include: 4.3.1. Prairie Lake (Site No. 2): Pioneer is currently working on the design for this recharge facility. 4.3.2. North Lake (Site No. 5): Pioneer constructed this recharge facility and it is operational. 4.3.3. Smith Reservoir (Site No. 8): Pioneer constructed this recharge facility and it is operational. 4.3.4. Pioneer also obtained an easement in 2014 from the Morgan County Quality Water District to facilitate delivery of water from the Tremont Canal across the District’s property and into Pioneer’s recharge facilities. 4.4. Pioneer approved the filing of this Application to maintain its conditional water rights at its January 21, 2017 annual meeting. 4.5 Pioneer has expended in excess of $390,400.46 on the development of the conditional water rights during the diligence period, including expenditures on constructing, maintaining and operating the augmentation and recharge project as detailed below:

APPLICANT’S EXPENDITURES DURING THE DILIGENCE PERIOD Financial

Year2011 2012 2013 2014 2015 2016 TOTAL

Running Fees

47,639.90

9,942.48 7,656.83 21,903.57 27,508.69 28,355.37 143,006.84

Storage 9,137.33 7,992.88 7,826.00 2,904.83 1,187.89 5,609.63 34,658.56 Utilities – Pumping

1,549.99 3,766.64 8,254.51 5,043.13 7,229.70 25,843.97

Repair and Maintenanc

2,881.89 45,749.77 7,504.12 5,432.47 1,582.08 1,027.76 64,178.09

Delivery Incentive

3,188.00 150.20 3,572.07 5,832.19 12,742.46

Engineerin 841.13 808.02 3,249.08 1,353.05 399.50 6,650.78 Purchase of Assets

58,189.53 11,787.28

69,976.81

Well Meter Certificatio

4,250.00 1,500.00 5,750.00

Well Meter Repair

5,031.28 3,879.01 8,910.29

Clerical and

3,079.02 3,182.29 2,962.97 3,498.54 2,827.04 3,132.80 18,682.66

TOTAL 66,767.2 127,414.9 44,903.1 43,346.97 51,401.68 56,566.46 $390,400.46 Notes: Pioneer also incurred legal fees during the diligence period, which are not included in the amounts in the table. 5. Amounts claimed to have been made absolute: Not applicable 6. Name and address of owner of land upon which any new diversion structure or storage structure, or modification to an existing diversion or storage structure is or will be constructed, or upon which water is or will be stored, including any modification to the existing storage pool. 6.1. The Tremont and Snyder-Smith Canal headgate is located on land owned by the State of Colorado acting by and through DNR for the benefit of the Colorado Parks and Wildlife and its Commission, 6060 Broadway, Denver, Colorado 80216. 6.2. The names and addresses of the land upon which the storage facilities are located are as follows:

Site No. Site Name Name & Address of Owners

1 Vessels Lake Morgan County Quality Water District P.O. Box 1218 17586 MCR 20 Fort Morgan, CO 80701

2,3 Prairie Lake Dale & Karen Weiderspon

 

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Site No. Site Name Name & Address of Owners

Woodward West Lake 28194 Road W.5 Snyder, CO 80750

4 Snyder Lake Wildcat Dairy, LLC 24268 MCR 21 Fort Morgan, CO 80701

Snyder-Smith Ditch Co. P.O. Box 811 Snyder, CO 80750

5,6 North Lake Woodward East Lake

Colleen Thompson 1021 Prospect Street Fort Morgan, CO 80701

7 Walker [West] Lake G. Allyn & Bradley Wind 345 Howell Ave. Brush, CO 80723

8,9,10,11 Smith Reservoir, Peterson Lake No. 1 Peterson Lake No. 2 Segelke Lake

Gene & Bettie Peterson 33035 Road W. 7 Snyder, CO 80750

12 Upper Canal Tremont Mutual Ditch Co. P.O. Box 711 Snyder, CO 80750

13 Lower Canal Snyder-Smith Ditch Co. P.O. Box 811 Snyder, CO 80750

7. Applicant reserves the right to claim as absolute in this case without amending the Application any portion of the remaining conditional direct flow right Applicant diverts and uses after the filing of this Application and prior to the entry of a decree in this case.

17CW3059 MITCHEK CATTLE COMPANY #3, LLC, c/o Chad Wahlert, Manager, P.O. Box 512, Sterling, Colorado 80751, chadwahlert@gmail.com, 970-380-3496, AND NORTH STERLING IRRIGATION DISTRICT, c/o James T. Yahn, Manager, P.O. Box 103, Sterling, Colorado 80751, jim@northsterling.org, 970-522-2025; Attorneys: Veronica A. Sperling, Paul F. Holleman, Buchanan Sperling & Holleman PC, 7703 Ralston Road, Arvada, Colorado 80002, vsperling@tbvs.net, fholleman@tbvs.net, 303-431-9141. APPLICATION FOR UNDERGROUND WATER RIGHT FOR EXISTING WELL AND TO ADD NEW USES OF WELL TO PLAN FOR AUGMENTATION, IN LOGAN AND MORGAN COUNTIES. 2. Purpose of application: Applicant, Mitchek Cattle Company #3, LLC ("Mitchek"), is the owner of Ramey Well 5-9614-F, which is an existing well decreed for irrigation use and which is included in the plan for augmentation decreed to applicant, North Sterling Irrigation District ("North Sterling"), in Case No. 96CW1034 on July 21, 2006 ("North Sterling Augmentation Plan" or "96CW1034 Decree"). Mitchek also uses the well for commercial and stock watering uses in a feedlot owned by Mitchek. The purpose of this application is to obtain confirmation of a new underground water right for the Ramey Well 5-9614-F for commercial and stock watering uses and to add the new uses of the well to the North Sterling Augmentation Plan for purposes of replacement of out-of-priority depletions from such new uses. The irrigation use of the well will continue to be included in the North Sterling Augmentation Plan for purposes of replacement of out-of-priority depletions from such irrigation use. UNDERGROUND WATER RIGHT FOR EXISTING WELL. 3. Name of well: Ramey Well 5-9614-F; Well Permit No. 9614-F; WDID No. 64-06114. 4. Legal description of point of diversion: Ramey Well 5-9614-F is located at a point 20 feet South and 2820 feet East of the Northwest Corner of Section 11, Township 9 North, Range 52 West of the 6th P.M., Logan County, Colorado. 5. Source: Groundwater tributary to the South Platte River. 6. Depth of well, if completed: 40 feet. 7. Date of appropriation: January 1, 2016. 8. How appropriation was initiated: By application of water to

 

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beneficial use for commercial and stock watering uses and by filing of the application in this case. 9. Date water applied to beneficial use: January 1, 2016. 10. Amount claimed: 1.110 cfs (500 gpm), 0.155 cfs (70 gpm) of which is absolute and 0.955 cfs (430 gpm) of which is conditional. 11. Proposed use: Commercial and stock watering uses in a feedlot located in the West Half of Section 12 and the East Half of Section 11, Township 9 North, Range 52 West of the 6th P.M., Logan County, Colorado. 12. Names and addresses of owners or reputed owners of the land upon which any new diversion structure or storage structure, or modification to an existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Not applicable. INCLUSION OF NEW USES OF WELL IN NORTH STERLING AUGMENTATION PLAN. 13. Uses for Ramey Well 5-9614-F to be added to the North Sterling Augmentation Plan: The commercial and stock watering uses of Ramey Well 5-9614-F, described in paragraphs 3 through 11 above. 14. Water Rights to be used for augmentation pursuant to the North Sterling Augmentation Plan: The water rights identified in paragraph 58 of the 96CW1034 Decree, which include the following: A. The North Sterling Recharge Water Right and the North Sterling Recharge Water Right, First Enlargement, described in paragraphs 17-34 of the 96CW1034 Decree. B. The Changed Amount of the North Sterling Reservoir Water Right described at paragraphs 35-55 of the 96CW1034 Decree, being 15,000 acre-feet of the North Sterling Reservoir Water Right measured at the North Sterling Inlet Ditch Headgate Flume. C. Additional sources of replacement water that may be authorized for use in the North Sterling Augmentation Plan subject to the terms and conditions of paragraph 61.d.v.B of the 96CW1034 Decree. 15. Proposed terms and conditions: A. Out-of-priority depletions to the South Platte River attributable to commercial and stock watering uses of Ramey Well 5-9614-F will be replaced pursuant to the terms of the 96CW1034 Decree. The terms and conditions for replacement of depletions from commercial and stock watering uses of Ramey Well 5-9614-F will be the same as those applied to the other commercial and stock watering wells in the North Sterling Augmentation Plan. B. The effects on the South Platte River resulting from the consumptive use of water occurring from the pumping of Ramey Well 5-9614-F for commercial and stock watering uses will be calculated in accordance with the methodology set forth in the 96CW1034 Decree for other commercial and stock watering uses including, but not limited to use of a consumptive use factor of 100% for calculating depletions from commercial and stock watering uses of the Ramey Well 5-9614-F. The proposed aquifer parameters for Ramey Well 5-9614-F are as follows and are the same as those determined for this well in the 96CW1034 Decree, as set forth in paragraph 17 of Exhibit E on page 104 thereof: (1) Distance from river (feet) "X": 3460; (2) Width of alluvium (feet) "W": 6310; (3) Transmissivity (gpd/ft) "T": 31400; (4) Specific yield of aquifer "S": 20%. C. Depletions attributable to commercial and stock watering uses of Ramey Well 5-9614-F will affect the South Platte River in that reach beginning at the Iliff and Platte Valley Ditch headgate downstream to the Harmony No. 1 Ditch headgate, described in paragraph 60 of the 96CW1034 Decree as "Impact Reach No. 4." D. On-going out-of-priority depletions attributable to prior pumping of Ramey Well 5-9614-F for commercial and stock watering uses will be replaced under the North Sterling Augmentation Plan. WHEREFORE, Applicants request the Court to enter a decree confirming the above-described underground water right for Ramey Well 5-9614-F and adding the commercial and stock watering uses of water withdrawn from Ramey Well 5-9614-F as uses to be augmented under the North Sterling Augmentation Plan pursuant to the terms and conditions therein and the additional terms and conditions described herein. AMENDMENTS 08CW268 District Court, Water Division No. 1, State of Colorado , 901 9th Avenue, Room 418, P.O. Box 2038, Greeley, CO 80631. IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF PARK COUNTY BOARD OF COUNTY COMMISSIONERS AND CENTER OF COLORADO WATER CONSERVANCY DISTRICT, IN PARK COUNTY. Case Number: 2008CW268, Water Division No. Attorneys for Applicant: Star L. Waring, Atty. Reg. No. 10009; Mark D. Detsky, Atty. Reg. No. 35276, Dietze and Davis, P.C., 2060 Broadway, Suite 400, Boulder, CO 80302, Telephone: (303) 447-1375, Email: swaring@dietzedavis.com; mdetsky@dietzedavis.com. SECOND AMENDED

 

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APPLICATION FOR WATER RIGHTS INCLUDING EXCHANGES AND FOR APPROVAL OF A PLAN FOR AUGMENTATION. I. APPLICANTS 1. Park County Board of County Commissioners (“Park County”) P.O. Box 147, Fairplay, CO 80040, Center of Colorado Water Conservancy District (“Center District”), 177 Range View Drive, Bailey, CO 80421-2140. 2. Background. The Applicants, Park County, Upper South Platte Water Conservancy District and Center District, filed an Application for Water Rights Including Exchanges and For Approval of a Plan for Augmentation with the District Court for Water Division No. 1 on December 11, 2008 (the “Application”) for the benefit of Park County’s Road and Bridge Department. The Applicants filed an Amended Application on October 7, 2013 (“First Amended Application”). Park County’s Road and Bridge Department diverts water for dust suppression and road construction uses throughout Park County’s footprint. The Application sought a decree approving conditional water rights for submersible pumps used to fill tanker trucks within Water Division No. 1 and for a plan of augmentation and appropriative rights of exchange to replace the net out-of-priority depletions caused from the pumping of Park County’s water rights. The Application also sought a decree approving a plan of augmentation related to a County-owned gravel pit. The First Amended Application removed the gravel pit from the Application, corrected legal descriptions for the location of certain conditional water right claims, added new conditional water rights for direct use and for water storage, and added substitute supplies to the plan for augmentation. The First Amended Application also removed Upper South Platte Water Conservancy District as a co-Applicant. 3. Purposes of Second Amendment. This Second Amendment to the Application is filed for the following purposes: A. Adds a new source of replacement supply acquired by Park County to the plan for augmentation. The new replacement supply consists of 5.0 AF of fully consumable water rights decreed to the Parmalee No. 2 Ditch, the Parmalee No. 3 Ditch and the Flume Ditch; B. Adds five (5) conditional surface water right appropriations; C. Adds one (1) conditional appropriative right of exchange; D. Amends Park County’s claims for certain conditional water rights to make those rights absolute in part; E. Amends Park County’s claims for certain conditional appropriative rights of exchange to make those rights absolute in part; and F. Clarifies certain claims made in the Application and First Amended Application. G. Removes the Center District as a co-Applicant in this Application. II. SECOND AMENDMENT TO APPLICATION 4. Applicants make this Second Amendment to the Application (“Second Amended Application”) as follows: 5. Remove the Center District as an Applicant: The Center District has agreed to be and shall be removed as co-Applicant in this Application. Park County has moved for the case caption to be changed to remove the Center District as co-Applicant. 6. Modification to Conditional Surface and Water Storage Rights. The following changes are made to the Spinney Mountain Diversion conditional water storage right claimed in the First Amended Application: A. Park County Spinney Mountain Diversion. Modify the claim as follows: 1. Para. 7(a) to First Amendment is amended to read: “This junior water storage right will be diverted directly into storage at Spinney Mountain Reservoir, an on-channel reservoir, and will be among the rights which will be made available for exchanges or substitute supply decreed in this augmentation plan.” 2. Amend Para. 7(a)(iii): Change the maximum amount of storage from 15 AF to be “20 AF, with a corresponding right of carry-over.” 3. Amend Para. 7(a)(vi): Add road construction as one of the claimed uses. 7. New Claims for Conditional Water Rights: The Application is amended to claim five (5) additional conditional surface water rights: A. Names, sources, and legal descriptions of points of diversion: Table 1, below, shows the name of each structure, its source, and legal descriptions in PLSS and UTM formats:

Table 1 – Conditional Water Right Names, Sources, and Legal Descriptions ¶ Structure Source Legal Description PLSS UTM coordinates 7(A)(1) Tarryall Creek

Stagestop Rd Pump

Taryall Creek

NE1/4 SE1/4, Sec. 1, T9S, R75W, 1,570 ft. from South Section line and 570 ft. from East Section line

438109 4349676

7(A)(2) Ranch of the Rockies Pond

Buffalo Creek

SW1/4 SW1/4 Sec. 24, T12S, R77W, 220 ft. from the South

416724 4315479

 

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Pump Section line and 310 ft from the West Section line

7(A)(3) South Platte River CR 112 Pump

South Platte River

SW1/4 NW1/4 Sec. 17, T12S, R71W, 2050 ft. from the North Section line and 80 ft. from the West Section line

468484 4317885

7(A)(4) Antero Reservoir South Boat Ramp Pump

South Fork South Platte River

SW1/4 NE1/4 Sec. 28, T12S, R76W, 2,080 ft. from the North Section line and 2,030 ft. from the East Section line

422399 4314707

7(A)(5) Eleven Mile Reservoir Witcher’s Cove Pump

South Platte River

SE1/4 SW1/4 Sec. 19, T13S, R72W, 1,240 ft. from the South Section line and 2,030 ft. from the West Section line

457227 4306387

B. Information on New Conditional Appropriations: For each conditional surface water right identified in Table 1, above, the appropriation information is as follows: 1. Date of Appropriation: February 5, 2016. 2. How Appropriation Was Initiated: The appropriations of the water rights set forth in Table 1 were initiated and public notice was provided by Park County’s request for inclusion of the points of diversion in its 2016 Substitute Water Supply Plan request (“SWSP”). Notice of the 2016 SWSP request was provided to the entire Water Division 1 Notification List on February 5, 2016. In addition, or in the alternative, public notice of the appropriations was provided by passage of a Resolution of the Park County Board of County Commissioners evidencing the intent of the Board of County Commissioners to appropriate the conditional water rights claimed in this Amendment on March 2, 2017, and the filing of this Second Amendment to the Application. 3. Rate of Diversion: 4.0 cfs, CONDITIONAL. 4. Uses: Dust suppression and road construction. 5. Name(s) and address(es) of owner(s) or reputed owner(s) of the land upon which any new or existing diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: The points of diversion listed in this section are located within county road rights-of-way owned and maintained by Park County with the exception of the three locations listed in sub-paragraphs 7(A)(3) – 7(A)(5) that are owned by the Denver Water Board, 1600 West 12th Ave., Denver, CO 80204-3412. 6. Remarks: A table listing all points of diversion requested in the Application, the First Amended Application, and the Second Amended Application is provided as ATTACHMENT A with legal descriptions in PLSS and UTM formats. The new appropriations claimed in this Second Amended Application are highlighted at the bottom of Attachment A. 8. Amendments to Conditional Water Right Claims to Claim Certain Water Rights Absolute in Part: Certain water rights claimed in the Application and Amended Application have been diverted and applied to beneficial use and the plan for augmentation including exchanges has been operating by administrative approval of the State Engineer’s Office under the SWSP in priority. Park County is therefore amending its claims for those conditional water claims in the Application and First Amended Application to be made absolute in part, as follows: A. Conditional Surface Water Rights Made Absolute in Part:

Table 2 – Water Rights Claimed as Absolute in Part ¶ Water

District Structure Amount Date Applied to

Beneficial Use 8(A)(1) 80 Hi Meadow CR 72 Pump

Station 1,300 gpm/ 2.9 cfs

6/9/2014

8(A)(2) 80 KZ Ranch-Rock Road Pump 1,300 gpm/ 10/13/2015

 

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Station 2.9 cfs 8(A)(3) 80 North Fork CR 68 Pump

1,300 gpm/ 2.9 cfs

6/9/2014

8(A)(4) 23 CR 90A Pump Station 1,300 gpm/ 2.9 cfs

9/16/2014

8(A)(5) 23 Tarryall Creek CR 33 Pump Station

1,300 gpm/ 2.9 cfs

6/17/2014

8(A)(6) 23 Middle Fork Beresford Crossing Pump

1,300 gpm/ 2.9 cfs

9/30/2014

8(A)(7) 23 South Fork CR 22 Pump

1,300 gpm/ 2.9 cfs

8/7/2014

8(A)(8) 23 Tarryall Creek CR 211 Pump

1,300 gpm/ 2.9 cfs

5/14/2014

8(A)(9) 23 Middle Fork CR 12 Pump

1,300 gpm/ 2.9 cfs

10/13/2015

8(A)(10) 23 Michigan Creek CR 77 Pump

1,300 gpm/ 2.9 cfs

9/30/2015

8(A)(11) 23 South Platte River CR 59 Pump

1,300 gpm/ 2.9 cfs

4/21/2015

8(A)(12) 23 South Fork SH 9 Pump 1,300 gpm/ 2.9 cfs

4/4/2016

B. Evidence in Support of Partial Absolute Claims: 1. Uses: For each appropriation, dust suppression and road construction. 2. Supporting evidence. The diversion records attached to this Second Amendment as ATTACHMENT B show when the diversions were made in priority on the dates claimed and in the rates claimed in Table 2, above. 3. Place of use. The water diverted by the County has been used to fill tanker trucks that have applied the water to beneficial use on public roads and travel ways within Park County that are maintained or are constructed by Park County in proximity to the points of diversion. 4. Partial absolute claim. The diversion rates claimed as absolute constitute a portion of the 4.0 cfs requested for each point of diversion. For each claim requested in Table 2, above, 1.1 cfs remains CONDITIONAL. C. Appropriative Rights of Exchange to Be Made Absolute in Part. Park County operated the following exchanges to replace depletions at the rate specified below at specific dates during a period when a call was occurring and replacement water was exchanged up the exchange reach to replace depletions from Park County’s pumps:

Table 3 – Appropriate Rights of Exchange Made Absolute In Part ¶ River

Exchange Reach

Upstream Terminus

Downstream Terminus

Amount Date Applied to Beneficial Use

8(C)(1) North Fork South Platte River

North Fork CR 68 Pump diversion point identified in the First Amended Application at ¶5(C)

Confluence of South Platte River Mainstem with the North Fork South Platte River in the SW 1/4 of the SE 1/4 of Section 25, T7S, R70W.

0.4 cfs 5/8/2014

8(C)(2) Deer Creek The KZ Ranch- Confluence of the 0.42 cfs 7/15/2014

 

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¶ River Exchange Reach

Upstream Terminus

Downstream Terminus

Amount Date Applied to Beneficial Use

Rock Road Pump was identified in ¶ 3(c) of the Application and the legal description was corrected in the First Amended Application at ¶2(b)

North Fork South Platte River and Deer Creek in the NW 1/4 of the NE 1/4 of Section 36, T7S, R72W.

8(C)(3) South Platte River

Confluence of the South Platte River Mainstem with the Middle and South Forks of the South Platte River in the NE 1/4 of the NE 1/4 of Section 14, T12S, R75W.

Confluence of South Platte River Mainstem with the North Fork South Platte River in the SW 1/4 of the SE 1/4 of Section 25, T7S, R70W.

0.32 cfs 8/12/2014

8(C)(4) South Fork South Platte River

South Fork CR 22 Pump point of diversion identified in in First Amended Application at ¶5(f)

Confluence of the South Platte River Mainstem with the Middle and South Forks of the South Platte River in the NE 1/4 of the NE 1/4 of Section 14, T12S, R75W.

0.32 cfs 8/12/2014

8(C)(5) Tarryall Creek

Tarryall Creek CR 33 Pump was identified in ¶ 3(f) of the Application and the legal description was corrected in the First Amended Application at ¶2(e)

Confluence of Tarryall Creek and the South Platte River in the NE 1/4 of the NW 1/4 of Section 16, T11S, R71W.

0.23 cfs 8/3/2015

8(C)(6) Michigan Creek

Michigan Creek SH 285 Pump identified in the First Amended Application at ¶5(g)

Confluence of Michigan Creek and Tarryall Creek in the NE 1/4 of the SW 1/4 of Section 1, T9S, R75W.

0.5 cfs 11/7/2016

 

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¶ River Exchange Reach

Upstream Terminus

Downstream Terminus

Amount Date Applied to Beneficial Use

8(C)(7) Middle Fork South Platte River

The Middle Fork CR 12 Pump was identified in ¶ 5(h) of the First Amended Application

Confluence of the South Platte River Mainstem with the Middle and South Forks of the South Platte River in the NE 1/4 of the NE 1/4 of Section 14, T12S, R75W.

0.43 cfs 6/28/2016

D. Evidence in Support of Partial Absolute Claims: 1. Uses: For each appropriative right of exchange, augmentation and exchange. 2. Supporting evidence. Confirmation that the exchanges described in Table 3 were authorized to operate on the dates stated and at the rates stated above is provided as ATTACHMENT C. 3. Place of use. For each appropriative right of exchange listed in Table 3, above, the water was exchanged from the downstream terminus identified for each exchange to the upstream terminus listed. 4. Partial absolute claim. The diversion rates claimed as absolute constitute a portion of the 4.0 cfs requested for each exchange. For each exchange requested in Table 3, above, the flow rates claimed above the amounts stated for each exchange in Table 3, up to 4 cfs, remain CONDITIONAL. 9. Amendments to Plan for Augmentation: A. Insert new source of substitute supply: Applicant acquired 5.0 AF of fully consumable consumptive use credits of the following described water rights historically beneficially used in Park County and quantified in Case No. 03CW231: 1. The Parmalee Ditch No. 2. 0.63 cubic feet per second (cfs) out of 0.83 cfs originally decreed in Case No. 1678, on May 22, 1913 in the Park County District Court. The source of which water is Deer Creek, tributary to the North Fork of the South Platte River, with an appropriation date of May 1, 1867. The headgate of the Parmalee Ditch No. 2 is decreed on Deer Creek in Section 5, Township 7 South, Range 72 West of the 6th P.M., at a point whence the S 1/4 corner of Section 32, Township 6 South, Range 72 West bears North 9°4' West 2,613 feet. 2. The Parmalee Ditch No. 3. 0.58 cfs originally decreed in Case No. 1678, on May 22, 1913 in the Park County District Court. The source of water is Deer Creek, tributary to the North Fork of the South Platte River, with an appropriation date of May 1, 1867. The Parmalee No. 3 headgate was decreed in Section 5, Township 7 South, Range 72 West of the 6th P.M., at a point whence the S 1/4 corner of Section 32, Township 6 South, Range 72 West bears North 14°55' West 2,700 feet. 3. The Flume Ditch. 0.48 cfs out of 4.41 cfs originally decreed to this structure in Case No. 1679 on May 22, 1913 in the Park County District Court. The source of which water is Deer Creek, tributary to the North Fork of the South Platte River, with an appropriation date of May l, 1867. The decreed point of diversion for the Flume Ditch is located at a point whence the SE Corner of Section 4, Township 7 South, Range 72 West of the 6th P.M. bears South 89°30' East 4.791 feet. B. Relation to 03CW231 Decree. The 5.0 AF constitutes eight and seventy-four one-hundredths percent (8.74%) of the decreed consumptive use flow rates of the above-described water rights which were changed to add domestic, augmentation, replacement, exchange, and substitute supply uses in the Decree in Case No. 03CW231, Water Division No. 1. The percentage was determined as a ratio of the 5.0 AF to the 57.2 AF of fully consumable water decreed attributable to the above-described water rights. The applicant in that case will cause to be filed a petition to remove said 5.0 AF from the 03CW231 Decree. Park County will be able to divert its pro rata share attributable to the 5.0 AF in cfs based upon the diversion rate(s) of the water rights as set forth in the 03CW231 Decree. Park County will be subject to the volumetric limitations on the use of the water and the return flow obligations of the water rights in the 03CW231 Decree. 10. New claim for conditional appropriative right of exchange:: A. Name: Park County Buffalo Creek Exchange. 1. Source: Buffalo Creek. 2. Upstream Terminus: Ranch of the Rockies Road Pump. See ¶7(A)(2), supra.

 

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3. Downstream Terminus: Confluence of Buffalo Creek and the South Fork of the South Platte River at Antero Reservoir in Section 19, Township 12 South, Range 76 West. 4. Date of Appropriation: February 5, 2016. 5. How appropriation was initiated: The appropriation of the water rights set forth in Table 1 were initiated and notice was provided by Park County’s request for inclusion of the points of diversion and exchange in its 2016 Substitute Water Supply Plan request (“SWSP”). Notice of the 2016 SWSP request was provided to the entire Water Division 1 Notification List on February 5, 2016. In addition, or in the alternative, the appropriations were noticed by passage of a Resolution of the Park County Board of County Commissioners evidencing the intent of the Board of County Commissioners to appropriate the conditional water rights claimed in this Amendment on March 2, 2017, and the filing of this Second Amendment to the Application. 6. Rate of Exchange: 4 cfs, CONDITIONAL. 11. Remarks: A table listing all exchanges requested in the Application, the First Amended Application, and the Second Amended Application is provided as ATTACHMENT D. 12. Insert changes to Statement of Plan for Augmentation Including Exchanges (¶7). A. Change the maximum depletion amount estimated in paragraph ¶7(a): The maximum depletions expected are increased from 15.0 AF annually to 25.0 acre-feet annually. B. Add new paragraph to 7(b)(iv) of Application, as follows: “Bypassing the Parmalee Ditch No. 2, Parmalee Ditch No. 3, and Flume Ditch rights at the Parmalee Nos. 2 and 3 and Flume Ditch headgates.” 13. Map. Attached as ATTACHMENT E is a map which shows the water rights Park County is seeking in this Application, as amended, as well as the exchange reaches claimed in the appropriative right of exchange. 14. This Second Amended Application is fully incorporated into the original Application and the First Amended Application which otherwise remain unchanged. 15. All previously filed statements of opposition shall be considered fully applicable to this amendment to the Application. 13CW3144 and 14CW3134. Applicant, Timbro Ranch & Cattle Company, LLC (“Timbro”), 4700 West 60th Avenue, Suite 4, Arvada, CO 80003, Telephone: 303-955-2534. Please send all pleadings and correspondence to Applicant’s counsel, Steven O. Sims, John A. Helfrich, and Dulcinea Z. Hanuschak. Brownstein Hyatt Farber Schreck, LLC, 410 17th Street, Suite 2200, Denver, CO 80202, Telephone: 303-223-1100; Fax Number: 303-223-1111; Email: ssims@bhfs.com, jhelfrich@bhfs.com, dhanuschak@bhfs.com. SECOND AMENDED APPLICATION FOR CONDITIONAL UNDERGROUND WATER RIGHTS AND PLAN FOR AUGMENTATION IN WELD COUNTY. Applicant states this amended application for the consolidated cases 13CW3144 and 14CW3134. The Water Court consolidated 13CW3144 and 14CW3134 on February 17, 2015. Timbro restates its entire application in this amendment. CONDITIONAL UNDERGROUND WATER RIGHTS AND PLAN FOR AUGMENTATION: 1. Description of Wells: (a) Timbro Well No. 1. (i) Permit Number: 78058-F, (ii) Legal Description: (1) UTM format: UTM Zone 13; NAD83; Easting: 588968 meters; Northing: 4512507 meters. (2) PLSS format: SE1/4 of SW1/4, Section 11, Township 9 North, Range 59 West, 6th P.M., 216 feet from South section line, 2449 feet from West section line, Weld County, Colorado. (iii) Depth of well: 1,550 feet. (iv) Source: Upper Pierre Aquifer.(v) Amount claimed: 300 gpm, 300 acre-feet per year, conditional. (vi) Date of appropriation: November 27, 2013. (1) How was appropriation initiated: by filing this application. (2) Date water applied to beneficial use: NA, conditional right. (vii) Proposed Uses: agricultural, stock watering, industrial, oil and gas development. (b) Timbro Well No. 2. (i) Permit Number: 77932-F. (ii) Legal Description: (1) UTM format: UTM Zone 13; NAD83; Easting: 587389 meters; Northing: 4512561 meters. (2) PLSS format: SE1/4 of SW1/4, Section 10, Township 9 North, Range 59 West, 6th P.M., 487 feet from South section line, 2554 feet from West section line, Weld County, Colorado. (iii) Depth of Well: 1,700 feet. (iv) Source: Upper Pierre Aquifer. (v) Amount claimed: 600 gpm, 300 acre-feet per year, conditional. (vi) Date of appropriation: November 27, 2013. (1) How was appropriation initiated: by filing this application. (2) Date water applied to beneficial use: NA, conditional right. (vii) Proposed Uses: agricultural, stock watering, industrial, oil and gas development. (c) Timbro Well No. 3. (i) Permit Number: 78824-F. (ii) Legal Description: (1) UTM format: UTM Zone 13; NAD83; Easting 585,296 meters; Northing 4,512,748 meters. (2) PLSS format: SW1/4 of the SW1/4 of Section 9, Township 9 North, Range 59 West, 6th P.M.,

 

44  

1,258 feet from the South section line, 879 feet from the West section line, Weld County, Colorado. (iii) Depth of Well: 1700 feet. (iv) Source: Upper Pierre Aquifer. (v) Amount claimed: 300 gpm, 300 acre-feet per year, conditional. (vi) Date of appropriation: November 13, 2014. (1) How was appropriation initiated: by filing this application. (2) Date water applied to beneficial use: NA, conditional right. (vii) Proposed Uses: agricultural, stock watering, industrial, oil and gas development. (d) Timbro Well No. 4. (i) Permit Number: 78825-F. (ii) Legal Description: (1) UTM format: UTM Zone 13; NAD83; Easting 583,516 meters; Northing 4,512,462 meters. (2) PLSS format: SW1/4 of the SW1/4 of Section 8, Township 9 North, Range 59 West, 6th P.M., 390 feet from the South section line, 281 feet from the West section line, Weld County, Colorado. (iii) Depth of well: 1700 feet. (iv) Source: Upper Pierre Aquifer. (v) Amount claimed: 300 gpm, 300 acre-feet per year, conditional. (vi) Date of appropriation: November 13, 2014. (1) How was appropriation initiated: by filing this application. (2) Date water applied to beneficial use: NA, conditional right. (vii) Proposed Uses: agricultural, stock watering, industrial, oil and gas development. (e) Timbro Well No. 5. (i) Permit Number: 296694. (ii) Legal Description: (1) UTM format: UTM Zone 13; NAD83; Easting 590,651 meters; Northing 4,512,674 meters. (2) PLSS format: NW1/4 of the NW1/4 of Section 8, Township 9 North, Range 59 West, 6th P.M., 149 feet from the North section line, 224 feet from the West section line, Weld County, Colorado. (iii) Depth of well: 1700 feet. (iv) Source: Upper Pierre Aquifer. (v) Amount claimed: 300 gpm, 300 acre-feet per year, conditional. (vi) Date of appropriation: November 13, 2014. (1) How was appropriation initiated: by filing this application. (2) Date water applied to beneficial use: NA, conditional right. (vii) Proposed Uses: agricultural, stock watering, industrial, oil and gas development. (f) Timbro Well No. 6. (i) Permit Number: 296695. (ii) Legal Description: (1) UTM format: UTM Zone 13; NAD83; Easting 583,470 meters; Northing 4,513,894 meters. (2) PLSS format: SW1/4 of the SE1/4 of Section 12, Township 9 North, Range 59 West, 6th P.M., 671 feet from the South section line, 2504 feet from the East section line, Weld County, Colorado. (iii) Depth of well: 1700 feet. (iv) Source: Upper Pierre Aquifer. (v) Amount claimed: 300 gpm, 300 acre-feet per year, conditional. (vi) Date of appropriation: November 13, 2014. (1) How was appropriation initiated: by filing this application. (2) Date water applied to beneficial use: N/A, conditional right. (vii) Proposed Uses: agricultural, stock watering, industrial, oil and gas development. (e) All wells divert groundwater, located outside the boundaries of any designated groundwater basins. 2. Plan for Augmentation. (a) Names of structures to be augmented: Timbro Well No. 1 through No. 6, as described above in section 2. (b) Water rights to be used for augmentation: Water leased/acquired from the Riverside Reservoir and Land Company recharge plan decrees in 88CW239, 89CW027, and 02CW0086. (i) Date and case number of original and subsequent decrees: 88CW239. (1) Type of water right: Recharge accretions. (2) Legal description: The three (3) recharge structures are described in 89CW239. The point of diversion for all structures is the Riverside Canal which has a capacity of 1000 cfs and has a point of diversion located on the north bank of the South Platte River in the SW1/4 SW1/4 of Section 20 T5N R63W of the 6th PM in Weld County, Colorado. (3) Source: South Platte River. (4) Appropriation date: March 3, 1988 for each right. (5) Amount: Diversions pursuant to the recharge rights are limited to 100 cfs for each structure; however, the total filling rate for all structures cannot exceed a combined total maximum of 100 cfs at any given time. (6) Decreed uses: Recharge and augmentation, wildlife, recreation and aesthetic, and irrigation. (ii) Date and case number of original and subsequent decrees: 89CW027. (1) Type of water right: Recharge accretions. (2) Legal description: The twenty-one (21) recharge structures are described in 89CW027. The point of diversion for all structures is the Sublette Canal Inlet, which is located approximately 265 265 feet west of the east section line and 1670 feet north of the south section line in Section 9, T4N, R61W of the 6th PM in Weld County, Colorado. (3) Source: South Platte River. (4) Appropriation date: March 11, 1985 for all structures. (5) Amount: A total of 664 acre-feet absolute and 151 acre-feet conditional. (6) Decreed uses: Augmentation and recharge, exchange, and substitution, irrigation. (iii) Date and case number of original and subsequent decrees: 02CW0086. (1) Type of water right: Recharge accretions. (2) Legal description: The twenty six (26) recharge structures are described in 02CW0086. The point of diversion for all structures is the Riverside Inlet Canal which has a capacity of 1000 cfs and has a point of diversion located on the north bank of the South Platte River in the SW1/4 SW1/4 of Section 20 T5N R63W of the 6th PM in Weld County,

 

45  

Colorado. (3) Source: South Platte River. (4) Appropriation date: April 30, 2002, for recharge ponds identified as Site Nos. 501 through 514; April 17, 2003, for recharge ponds identified as Site Nos. 515 through 552. (5) Amount: Diversions pursuant to the recharge rights are limited to a combined total maximum of 20,000 acre feet in a single water year as measured into the recharge ponds not to exceed 115,500 acre feet over any twenty (20) consecutive water years. (6) Decreed uses: Augmentation either directly or by exchange by recharge of the South Platte alluvial aquifer, wildlife, and piscatorial. (c) Statement of Plan for Augmentation. Timbro calculated the delayed depletions from Timbro Well No.1 through No.6 using the Alluvial Water Accounting System (AWAS). Timbro determined that the nearest point of hypothetical stream depletion is approximately 30 miles south of the Timbro Well No.1 through No.6 near Weldona, Colorado, and the South Platte River. Timbro will cause the augmentation sources to be released to the South Platte River at this location at the time and in the amount necessary to match the depletion schedule determined by the AWAS analysis. 16CW40, Lawrence D. and Laura J. Buckler, 1500 Valley View Drive, Castle Rock, CO 80108 (James J. Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), AMENDED APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS, DOUGLAS COUNTY. The Subject Property is 17.84 acres being Lot 1, Block 5, Castle Oaks Replat, generally located in the E1/2 of Section 6, T8S, R66W of the 6th P.M., Douglas County. The original application was filed on October 3, 2016 and requests adjudication of Denver Basin groundwater and an existing Upper Dawson aquifer well (Permit No. 72219), associated with the Subject Property. The amended application adds a request for approval of plan for augmentation for withdrawal and use of not nontributary Upper Dawson aquifer as follows. Groundwater to be augmented: 2 acre-feet per year of Upper Dawson aquifer groundwater requested herein. Water rights for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. Statement of plan for augmentation: The Upper Dawson aquifer groundwater will be used through two wells (one acre-foot per well), including the existing well, for inhouse use (0.35 acre-feet), irrigation of 10,500 square-feet of lawn, garden, and trees (0.6 acre-feet), and stockwatering of up to 4 large domestic animals (0.05 acre-feet). Applicants reserve the right to amend these amounts and values without amending the application or republishing the same. Sewage treatment for inhouse use will be provided by a non-evaporative septic system and return flow from inhouse and irrigation use will be approximately 90% and 15% of that use, respectively. During pumping Applicants will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c.5), C.R.S. Depletions occur to the Cherry Creek stream system and return flows accrue to the South Platte River via Cherry Creek and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicants will reserve an equal amount of nontributary groundwater underlying the Subject Property to meet post pumping augmentation requirements. Further, Applicants pray that this Court grant the amended application and for such other relief as seems proper in the premises. (6 pages). 16CW3156 Town of Estes Park, PO Box 1220, Estes Park, CO, 80517, through their attorneys: Petrock & Fendel, P.C., Frederick A. Fendel, III, #10476, Matthew S. Poznanovic, #29990, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702. AMENDED APPLICATION FOR WATER RIGHT, CHANGE OF WATER RIGHTS, PLAN FOR AUGMENTATION AND EXCHANGE OF THE TOWN OF ESTES PARK, IN LARIMER COUNTY 2. Summary of amended application: Carriage Hills Ponds 1 and 2 are recreational ponds located on an unnamed tributary of Fish Creek, a tributary to the Big Thompson River, originally decreed in Case No. W-7122. Pond 1 is larger than its decreed capacity. Both ponds were damaged, and the Pond 2 dam breached in the flood of September 2013. The dams are being restored, and Pond 2 as restored will be smaller than its decreed capacity. This application seeks to change the place of storage of a portion of the

 

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storage right for Pond 2 into Pond 1, a new enlargement right for the additional capacity of Pond 1, a plan for augmentation to replace evaporation and allow the ponds to remain full at all times, and an exchange of the replacement water from its source in or just below Lake Estes to the ponds. Phase 1 of the reconstruction has been completed. In Phase 1, the Pond 1 dam was reconstructed. The breached Pond 2 dam was stabilized, but remains breached. It will be reconstructed in Phase 2 when funding is available. As built, the ponds’ configurations are slightly different than described in the original application. This amended application restates the original application with corrected volumes for both ponds, a corrected amount of the Pond 2 storage right to be transferred to Pond 1, and a corrected volume for the Pond 1 Enlargement rights. Reconstruction of the Pond 2 dam will occur in Phase 2. Following Phase 1, storage in Pond 2 occurs only in the dead storage below the stream grade in a pond with surface area of approximately 0.16 acres. Reconstruction of the dam in Phase 2 will result in a pond with a surface area of approximately 0.37 acres. All volumes for Pond 1 and Pond 2 are approximate and may be refined without further notice. CHANGE OF STORAGE RIGHT 3. Original decree: Carriage Hills Ponds 1 and 2 were originally decreed June 1, 1978, in Case No. W-7122 under the names “Scott’s Lake No. 1-C1195” (WDID #0403683) and “Scott’s Lake No. 2-C1195” (WDID #0403684). The applicant in Case No. W-7122 was Crystal Water Company. Estes Park is the successor to Crystal Water Company. 3.1 Locations: 3.1.1 Carriage Hills Pond 1: a tract of land located in Section 1, Township 4 North, Range 73 West of the 6th P.M., Larimer County, Colorado, more particularly described as commencing at the NE corner of said Section 1 with all bearings relative to the line between the NE corner of said Section 1 and the SW corner of Section 31, Township 5 North, Range 72 West of the 6th P.M., considered as bearing N89°35’10”W; thence S11°42’49”W a distance of 865.76 feet to the TRUE POINT OF BEGINNING: Thence S17°23’25”E a distance of 325.00 feet; Thence S72°36’35”W a distance of 525.00 feet; Thence N17°23’25”W a distance of 302.79 feet; Thence N65°57’32”E a distance of 272.12 feet; Thence N74°42’07”E a distance of 254.88 feet to the TRUE POINT OF BEGINNING 3.1.2 Carriage Hills Pond 2: a tract of land located in Section 1, Township 4 North, Range 73 West and Section 6, Township 4 North, Range 72 West of the 6th P.M., Larimer County, Colorado more particularly described as commencing at the NE corner of said Section 1 with all bearings relative to the line between the NE corner of said Section 1 and the SW corner of Section 31, Township 5 North, Range 72 West of the 6th P.M., considered as bearing N89°35’10”W; thence S11°42’49”W a distance of 865.76 feet to the TRUE POINT OF BEGINNING: Thence N74°42’07”E a distance of 145.25 feet; Thence N61°35’40”E a distance of 180.24 feet; Thence N42°05’12”E a distance of 150.52 feet; Thence S82°00’00”E a distance of 54.43 feet; Thence S28°24’28”E a distance of 217.28 feet; Thence S57°44’42”W a distance of 561.21 feet; Thence N17°23’25”W a distance of 275.00 feet to The TRUE POINT OF BEGINNING. 3.2 Amount: Carriage Hills Pond 1: 2.5 acre feet; Carriage Hills Pond 2: 4.76 acre feet. 3.3 v Source: Surface runoff, tributary to Fish Creek, the Big Thompson River and the South Platte River. 3.4 Priority date: January 5, 1967 (for both ponds). 3.5 Use: Recreational and backup source for domestic use in Crystal Water Company service system. 4. Description of changes: 4.1 Prior to the September, 2013 flood, the capacity of both ponds differed from the decreed amounts. Carriage Hills Pond 1 is larger than Carriage Hills Pond 2, but has a smaller storage right. Both ponds were damaged by the flood of September 2013, and will be or have been reconstructed. Following reconstruction, Carriage Hills Pond 1 has the capacity to store 10.64 acre feet, and Carriage Hills Pond 2 will have capacity to store 1.27 acre feet. 3.49 acre feet of the storage right decreed to Carriage Hills Pond 2 will be moved to Carriage Hills Pond 1, leaving Carriage Hills Pond 2 with a decreed storage right matching its actual capacity of 1.27 acre feet, and Carriage Hills Pond 1 with a decreed storage right of 5.99 acre feet, less than its actual capacity. 4.2 The metes and bounds descriptions of the ponds in the decree in Case No. W-7122, repeated in paragraph 3.1 above, generally describe the ponds’ shorelines at the time of the decree. However, the post-decree, pre-flood shorelines differed from the description in the decree and following reconstruction, the shorelines will differ further. Therefore, the description of the ponds will be amended to state UTM coordinates for the dams. The dams are not being moved. The dam locations are as follows: 4.2.1 Carriage Hills Pond 1: UTM coordinate (Zone 13) 457079 meters East, 4466464 meters North 4.2.2 Carriage Hills Pond 2: UTM coordinate (Zone 13) 457227 meters East, 4466541 meters North

 

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STORAGE RIGHT – CARRIAGE HILLS POND 1 ENLARGEMENT Following the change of water right described above, Carriage Hills Pond 1 will have a storage right originally decreed in Case No. W-7122 of 5.99 acre feet, and 4.65 acre feet of additional capacity. Estes Park seeks a new enlargement storage right to fill the additional capacity. 5. Water right: Carriage Hills Pond 1 Enlargement. 5.1 Location: See paragraphs 3.1.1 and 4.2.1 above; 5.2 Amount: 4.65 acre feet, conditional, and continuous refill of the entire capacity plus evaporation to maintain the water level. Total diversions for continuous refill up to 15.48 acre feet per year for Pond 1, and up to 1.92 acre feet per year for Pond 2. To the extent water is stored in priority while this case is pending, Estes Park may claim up to the full amount absolute without additional notice; 5.3 Source: Surface runoff, tributary to Fish Creek, the Big Thompson River and the South Platte River; 5.4 Priority date: November 10, 2016. The appropriation was initiated by adoption of a resolution showing the town’s intent, planning, funding, and commencing reconstruction of the dam, engineering to support this application, and filing the application; 5.5 Use: recreation and fish habitat. PLAN FOR AUGMENTATION 6. Structures to be augmented: Carriage Hills Pond 1, Carriage Hills Pond 1 Enlargement, and Carriage Hills Pond 2. 7. Source of replacement water: Estes Park owns reusable Windy Gap units pursuant to an allotment contract with the Municipal Subdistrict, Northern Colorado Water Conservancy District. 7.1 The Windy Gap project delivers transmountain water from the Colorado River via the facilities of the Colorado-Big Thompson project. The Colorado River water rights were decreed in CA 1768, Grand County District Court, and Case Nos. W-4001, 80CW108, and 89CW298, District Court, Water Division 5. 7.2 Augmentation water will be provided by release of water to the Big Thompson River at Lake Estes in the NW1/4, section 30, T5N, R72W, 6th P.M., Larimer County, or by delivery of reusable effluent following initial uses in Estes Park. Wastewater is treated (1) by the Estes Park Sanitation District and discharged to the Big Thompson River immediately upstream of Lake Estes in the NW1/4, section 30, T5N, R72W, 6th P.M., Larimer County, and (2) by the Upper Thompson Sanitation District and discharged to the Big Thompson River immediately downstream of Lake Estes in the NE1/4, section 29, T5N, R72W, 6th P.M. The amount of reusable effluent discharged is determined as provided in Estes Park’s augmentation plan decreed in Case No. 97CW126. 8. Statement of plan for augmentation: 8.1 Total water surface area following Phase 1 is 2.67 acres, and will be 2.88 acres following Phase 2. The surface area of Pond 1 as reconstructed has been confirmed by survey. The surface area of Pond 2 is estimated based on plans for reconstruction. Following reconstruction, Pond 2’s surface area will be surveyed and the actual as-built surface area will be used. 8.2 Estes Park intends to keep the ponds full for recreational use. Draw-down is likely to be infrequent. Net evaporation, after credit for pre-existing vegetation consumption per CRS §37-84-117(5), will be calculated and replaced based on the maximum surface area, except when the ponds are ice-covered (estimated to be during December through February or longer), and except when the ponds are drawn down. No replacement will be required when the water rights are in priority or when the ponds are fully ice-covered. 8.3 When the ponds are drawn down for maintenance or otherwise, water may be stored out of priority to refill them. During periods when the ponds are drawn down and/or being refilled out of priority, both evaporation, based on the exposed water surface, and the amount being stored will be replaced. EXCHANGE 9. Estes Park claims an appropriative right of exchange as follows: 9.1 Points of diversion: Carriage Hills Pond 1, Carriage Hills Pond 1 Enlargement, and Carriage Hills Pond 2; 9.2 Points of release of substitute supply: 9.2.1 Lake Estes, described in paragraph 7.2, for direct releases of Windy Gap water and for reusable effluent discharged by the Estes Park Sanitation District; 9.2.2 Upper Thompson Sanitation District discharge, described in paragraph 7.2, for reusable effluent discharged by the Upper Thompson Sanitation District; 9.3 Source of substitute supply: See paragraph 7; 9.4 Amount: 1 cfs, of which 0.08 cfs is absolute, and 0.92 cfs remains conditional. To the extent additional water is exchanged while this case is pending, Estes Park may claim up to the full amount absolute without additional notice; 9.5 Priority date: November 10, 2016; 9.6 Use: recreation and fish habitat. 10. Owners of land on which structures are located: 10.1 Carriage Hills Pond 1, Carriage Hills Pond 1 Enlargement, and Carriage Hills Pond 2: Estes Park; 10.2 Lake Estes: United States of America c/o Bureau of Reclamation Eastern Colorado Area Office, 11056 West County Road 18E, Loveland, Colorado 80537. 10.3 Estes Park Sanitation District wastewater treatment plant: Estes Park Sanitation District, 1201

 

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Graves Avenue, Estes Park, CO 80517. 10.4 Upper Thompson Sanitation District wastewater treatment plant: Upper Thompson Sanitation District, PO Box 568, Estes Park, CO 80517. WHEREFORE, the Town of Estes Park prays for a decree approving its change of water rights, new water right, plan for augmentation, and exchange, and for such other and further relief as is appropriate. (7 pages) 16CW3195; Arapahoe County Water and Wastewater Authority (“ACWWA”), c/o Steve Witter, General Manager, 13031 East Caley Avenue, Centennial, Colorado 80111, Telephone: (303) 790-4830; United Water and Sanitation District, a quasi-municipal corporation and political subdivision of the State of Colorado, acting directly and by and through the United Water and Sanitation District ACWWA Enterprise (“United”), c/o Robert Lembke, 8301 E. Prentice Avenue, Suite 100, Greenwood Village, Colorado 80111, Telephone: (303) 775-1005. The above listed parties shall be collectively referred to as the “Applicants.” FIRST AMENDED APPLICATION FOR CONDITIONAL WATER RIGHTS, APPROPRIATIVE RIGHTS OF SUBSTITUTION AND EXCHANGE, APPROPRIATION OF HISTORICAL RETURN FLOWS, AND CHANGE OF WATER RIGHTS IN ADAMS, ARAPAHOE, DENVER, LARIMER, MORGAN AND WELD COUNTIES. Please send all pleadings and correspondence to: Brian M. Nazarenus, Esq., Sheela S. Stack, Esq., William D. Wombacher, Esq., RYLEY CARLOCK & APPLEWHITE, 1700 Lincoln Street, Suite 3500, Denver, Colorado 80203, (Attorneys for ACWWA), Tod J. Smith, Esq., LAW OFFICE OF TOD J. SMITH, LLC, 2919 Valmont Road, Suite 205, Boulder, Colorado 80301, (Attorneys for United). 2. Background. On December 15, 2009, ACWWA entered into an Intergovernmental Agreement (“IGA”) with East Cherry Creek Valley Water and Sanitation District (“ECCV”) and United to provide for ACWWA’s participation in ECCV’s integrated system for the diversion, accretion, collection, storage, transmission, and treatment of ECCV’s water rights (“Water Supply Project”). The Water Supply Project (a/k/a the “ACWWA Flow Project”) is now designed to provide ECCV and ACWWA with a long-term, sustainable municipal water supply for its service area located in Arapahoe and Douglas Counties, Colorado. A map of ACWWA’s service area is attached as Exhibit 1. At full build-out, ACWWA’s projected water demand is approximately 10,275 acre-feet per year. The water appropriated herein is necessary to help ACWWA meet its projected water demand. The conditional water rights claimed herein and operation of the exchanges are necessary to replace out-of-priority depletions resulting from ACWWA’s pumping of the ACWWA/ECCV Well Field in the Beebe Draw (the “ACWWA/ECCV Well Field”) and/or historical return flow obligations owed to the South Platte River. A map showing the locations of the structures described in this Application is attached as Exhibit 2. United will construct structures described below as part of satisfying its contractual obligations to ACWWA for the Water Supply Project. 3. Description of Conditional Water Storage Rights. 3.1. ACWWA Binder Reservoir Storage Right. 3.1.1. Name of Structure. Binder Reservoir (a/k/a the “Brighton Lateral Reservoir”). 3.1.2. Location. Binder Reservoir is an off-channel reservoir located in the N1/2 of Section 15, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 3.1.3. Diversion Structures. 3.1.3.1. Brighton Lateral. Brighton Lateral will divert water from the east bank of the South Platte River, in either the NW1/4 of the NW1/4 or the NE1/4 of the NW1/4, both of Section 18, Township 1 South, Range 66 West of the 6th P.M., Weld County, Colorado. 3.1.3.2. Binder Pipeline. Binder Pipeline will divert water from the east bank of the South Platte River, in the NW1/4 of Section 18, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 3.1.3.3. Future Diversion Facilities. Any other existing facilities or facilities constructed in the future capable of delivering water to Binder Reservoir in which ACWWA is legally permitted to divert water. 3.1.4. Source. South Platte River. 3.1.5. Amount Claimed. 750 acre-feet, conditional, with the right to one refill in the amount of 750 acre-feet per year, conditional. 3.1.6. Date of Appropriation. December 14, 2016. 3.1.7. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ACWWA Board of Directors on December 14, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 3.1.8. Date Water First Applied to Beneficial Use. Not applicable. 3.1.9. Uses. By this Application, ACWWA seeks a decree granting the right to use the ACWWA Binder Reservoir Storage Right as follows: 3.1.9.1. Use in ACWWA’s Plans

 

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for Augmentation. ACWWA seeks to use the ACWWA Binder Reservoir Storage Right as a source of replacement water in the ACWWA Augmentation Plans approved in the decree entered in Case No. 10CW306 (“306 Decree”) to replace depletions from the pumping of water from the ACWWA/ECCV Well Field for delivery to ACWWA’s present and future service area in Arapahoe and Douglas Counties. In addition, ACWWA seeks to use the ACWWA Binder Reservoir Storage Right as a source of replacement water in any future plans for augmentation. 3.1.9.2. Use in ACWWA’s Recharge Projects. ACWWA seeks to use the ACWWA Binder Reservoir Storage Right for recharge by delivering the water to the recharge facilities located in the Beebe Draw and on 70 Ranch pursuant to the terms and conditions of the 306 Decree. In addition, ACWWA seeks to use the ACWWA Binder Reservoir Storage Right for recharge by delivering the water to the recharge sites described in this Application, and any future recharge facility to which ACWWA is legally permitted to recharge water. 3.1.9.3. Use in ACWWA’s Exchange. ACWWA seeks to use the ACWWA Binder Reservoir Storage Right either directly or following storage, as a source of substitute supply for the appropriative right of exchange approved in the decree entered in Case No. 09CW283 (“283 Decree”). ACWWA also seeks to use the ACWWA Binder Reservoir Storage Right as a source of substitute supply in the 2016 ACWWA Exchanges claimed in this Application and in any future exchanges operated or decreed by ACWWA. 3.1.9.4. Use to Meet Historical Return Flow Obligations. ACWWA seeks to use the ACWWA Binder Reservoir Storage Right to meet its historical return flow obligations for its existing, pending, and future acquired and changed water rights owed to the South Platte River or Cache la Poudre River. 3.1.9.5. Alternate Places of Storage. ACWWA also seeks to store the ACWWA Binder Reservoir Storage Right in the following surface storage facilities: 3.1.9.5.1. United Reservoir No. 3, an off-channel reservoir located on the east side of the South Platte River, in the S1/2 of Section 26 and the N1/2 of Section 35, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado. 3.1.9.5.2. Barr Lake, an off-channel reservoir located in Sections 15, 21, 22, 23, 26, 27, 28, and 33, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. Barr Lake is an enlargement of the original Oasis Reservoir. 3.1.9.5.3. Milton Lake, an off-channel reservoir located in Sections 10, 11, 14, 15, 22, and 23, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. 3.1.9.5.4. Highlands Reservoir, an off-channel reservoir located in the NW1/4 of Section 32, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 3.1.9.5.5. Any existing or future storage facility in which ACWWA is legally permitted to store water. 3.1.9.6. All Municipal Uses. ACWWA seeks to use the ACWWA Binder Reservoir Storage Right via delivery by a pipeline or by exchange to ECCV’s surface water treatment plant for treatment and subsequent direct delivery for all municipal uses, including, but not limited to, domestic, mechanical, manufacturing, commercial, and industrial, within ACWWA’s present and future service area located in Arapahoe and Douglas Counties. 3.1.9.7. Right of Reuse, Successive Use, and Disposition. In addition to the uses described above, ACWWA claims the right to use, reuse, successively use and dispose of, by sale, exchange, augmentation, or otherwise, to extinction, all water exchanged, lawfully diverted and/or impounded pursuant to the decree entered in this case. 3.1.9.8. Use by ECCV. ACWWA may lease and/or trade water attributable to the ACWWA Binder Reservoir Storage Right to ECCV for use in ECCV’s augmentation plans, recharge projects, and exchanges including those decree in Case Nos. 02CW403, 02CW404/03CW442, as amended by the decree entered in Case No. 10CW306, and Case No. 11CW285, as well as the recharge projects and exchanges sought in Case No. 16CW3196, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ECCV, by lease or trade with ACWWA, pursuant to any future applications, so long those future applications list the ACWWA Binder Reservoir Storage Right as a source of supply or replacement water. 3.1.10. Total Capacity. Binder Reservoir has a planned total capacity of 3,800 acre-feet (with 4 feet of freeboard). 3.1.11. Name and Addresses of the Owner of Binder Reservoir and the Diversion Facility Used to Fill Binder Reservoir. Platte River Water Development Authority (“PRWDA”), 8301 E. Prentice Avenue, Suite 100, Greenwood Village, Colorado, 80111. 3.2. ACWWA Serfer Pit Storage Right. 3.2.1. Name of Structure. Serfer Pit. 3.2.2. Location. Serfer Pit is located along the Cache la Poudre River, approximately 2.8 stream miles below the New Cache headgate, in the NE1/4 of the NE1/4 of Section 24, Township 6 North, Range 68

 

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West of the 6th P.M., Larimer County, Colorado. 3.2.3. Diversion Structure. A temporary pump currently delivers water into Serfer Pit. A permanent pump and pipe to and from the Cache La Poudre River will be placed in the southwest corner of Serfer Pit, in the NE1/4 of the NE1/4 of Section 24, Township 6 North, Range 68 West of the 6th P.M., Larimer County, Colorado, and any other existing facilities or facilities constructed in the future capable of delivering water to Serfer Pit in which ACWWA is legally permitted to divert water. 3.2.4. Source. Cache la Poudre River. 3.2.5. Amount Claimed. 100 acre-feet fill, conditional, with the right to one refill in the amount of 100 acre-feet per year, conditional. 3.2.6. Date of Appropriation. December 14, 2016. 3.2.6.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ACWWA Board of Directors on December 14, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 3.2.6.2. Date Water First Applied to Beneficial Use. Not applicable. 3.2.7. Uses. By this Application, ACWWA seeks a decree granting the right to use the ACWWA Serfer Pit Storage Right as follows: 3.2.7.1. Use in ACWWA’s Plans for Augmentation. ACWWA seeks to use the ACWWA Serfer Pit Storage Right as a source of replacement water in the ACWWA Augmentation Plans approved in the 306 Decree to replace depletions from the pumping of water from the ACWWA/ECCV Well Field for delivery to ACWWA’s present and future service area in Arapahoe and Douglas Counties. In addition, ACWWA seeks to use the ACWWA Serfer Pit Storage Right as a source of replacement water in any future plans for augmentation. 3.2.7.2. Use in ACWWA’s Recharge Projects. ACWWA seeks to use the ACWWA Serfer Pit Storage Right for recharge by delivering the water to the recharge facilities located in the Beebe Draw and on 70 Ranch pursuant to the terms and conditions of the 306 Decree. In addition, ACWWA seeks to use the ACWWA Serfer Pit Storage Right for recharge by delivering the water to the recharge sites described in this Application, and any future recharge facility to which ACWWA is legally permitted to recharge water. 3.2.7.3. Use in ACWWA’s Exchange. ACWWA seeks to use the ACWWA Serfer Pit Storage Right either directly or following storage, as a source of substitute supply for the appropriative right of exchange approved in the 283 Decree. ACWWA also seeks to use the ACWWA Serfer Pit Storage Right as a source of substitute supply in the 2016 ACWWA Exchanges claimed in this Application and in any future exchanges operated or decreed by ACWWA. 3.2.7.4. Use to Meet Historical Return Flow Obligations. ACWWA seeks to use the ACWWA Serfer Pit Storage Right to meet its historical return flow obligations for its existing, pending, and future acquired and changed water rights owed to the South Platte or Cache la Poudre Rivers. 3.2.7.5. Alternate Places of Storage. ACWWA seeks to store the water in the following surface storage facilities: 3.2.7.5.1. 70 Ranch Reservoir, a lined off-channel reservoir that will be located in the S1/2 of Section 3, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado, and a portion of the NE1/4 of Section 10, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado. 3.2.7.5.2. Milliken Reservoir (a/k/a Gilcrest Reservoir), a lined off-channel reservoir located within a part of Section 2, Township 3 North, Range 67 West and Sections 23, 26, 34, and 35, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. 3.2.7.5.3. United Reservoir No. 3, an off-channel reservoir located on the east side of the South Platte River, in the S1/2 of Section 26 and the N1/2 of Section 35, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado. 3.2.7.5.4. Barr Lake, an off-channel reservoir located in Sections 15, 21, 22, 23, 26, 27, 28, and 33, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. Barr Lake is an enlargement of the original Oasis Reservoir. 3.2.7.5.5. Milton Lake, an off-channel reservoir located in Sections 10, 11, 14, 15, 22, and 23, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. 3.2.7.5.6. Binder Reservoir, off-channel reservoir located in the N1/2 of Section 15, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 3.2.7.5.7. Highlands Reservoir, an off-channel reservoir located in the NW1/4 of Section 32, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 3.2.7.5.8. Any existing or future storage facility to which ACWWA is legally permitted to store water. 3.2.7.6. All Municipal Uses. ACWWA will use the ACWWA Serfer Pit Storage Right via delivery by a pipeline or by exchange to ECCV’s surface water treatment plant for treatment and subsequent direct delivery for all municipal uses, including, but not limited to, domestic, mechanical, manufacturing, commercial, and industrial, within ACWWA’s present and future service

 

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area located in Arapahoe and Douglas Counties. 3.2.7.7. Right of Reuse, Successive Use, and Disposition. ACWWA asks the Court to decree that it has the right to use, reuse, successively use and dispose of by sale, exchange, augmentation, or otherwise, to extinction, all water lawfully diverted and/or impounded pursuant to the decree entered in this case. 3.2.7.8. Use by ECCV. ACWWA may lease and/or trade water attributable to the ACWWA Serfer Pit Storage Right to ECCV for use in ECCV’s augmentation plans, recharge projects, and exchanges including those decree in Case Nos. 02CW403, 02CW404/03CW442, as amended by the decree entered in Case No. 10CW306, and Case No. 11CW285, as well as the recharge projects and exchanges sought in Case No. 16CW3196, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ECCV, by lease or trade with ACWWA, pursuant to any future applications, so long those future applications list the ACWWA Serfer Pit Storage Right as a source of supply or replacement water. 3.2.8. Name and Addresses of the Owner of Serfer Pit and the Diversion Facility Used to Fill Serfer Pit. United Water and Sanitation District, 8301 E. Prentice Avenue, Suite 100, Greenwood Village, Colorado 80111. 3.3. ACWWA Highlands Reservoir Storage Right. 3.3.1. Name of Structure. Highlands Reservoir. 3.3.2. Location. Highlands Reservoir is an off-channel reservoir located in the NW1/4 of Section 32, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. Water will be diverted from the South Platte River at the diversion facilities described below in paragraph 3.3.3. After water is diverted from the South Platte River it will be delivered to Highlands Reservoir through the delivery canals in the Farmers Reservoir and Irrigation Company’s (“FRICO”) Barr Lake system. 3.3.3. Names of the Diversion Facilities Used to Fill the Reservoir. 3.3.3.1. United Diversion Facility No. 3. The headgate is on the east bank of the South Platte River in the SW1/4 of Section 26, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado. United Diversion Facility No. 3 delivers water to the United No. 3 Reservoir, from which water is delivered through the Beebe Pipeline to the Burlington Canal, immediately above Barr Lake. From Barr Lake the water will be delivered through FRICO delivery canals in the Beebe Draw to Highlands Reservoir. 3.3.3.2. Burlington Canal (a/k/a “ Burlington/O’Brien Canal”). The Burlington Canal headgate is located on the east bank of the South Platte River, in the NE1/4 of the SW1/4 of Section 14, Township 3 South, Range 68 West of the 6th P.M., City and County of Denver, Colorado. 3.3.3.3. Beebe Seep Canal. Point(s) of diversion from the Beebe Seep Canal for delivery of water to storage in Highlands Reservoir may be located at one or more of the following locations, all of which will divert only surface water: 3.3.3.3.1. In the SE1/4 of Section 30, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 3.3.3.3.2. In the SE1/4 of the NE1/4 of Section 30, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 3.3.3.3.3. In the W1/2 of the NW1/4 of Section 29, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 3.3.3.3.4. In the NE1/4 of the NW1/4 of Section 6, Township 1 South, Range 65 West of the 6th P.M., Adams County, Colorado. 3.3.3.4. Other Diversion Facilities. Any other existing facilities or facilities constructed in the future capable of delivering water to Highlands Reservoir in which ACWWA is legally permitted to divert water. 3.3.4. Source of the Water. South Platte River. 3.3.5. Amount Claimed. 750 acre-feet, conditional, with the right to one refill in the amount of 750 acre-feet per year, conditional. 3.3.6. Date of Appropriation. December 14, 2016. 3.3.6.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ACWWA Board of Directors on December 14, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 3.3.6.2. Date Water First Applied to Beneficial Use. Not applicable. 3.3.7. Uses. By this Application, ACWWA seeks a decree granting the right to use the ACWWA Highlands Reservoir Storage Right as follows: 3.3.7.1. Use in ACWWA’s Plans for Augmentation. ACWWA seeks to use the ACWWA Highlands Reservoir Storage Right as a source of replacement water in the ACWWA Augmentation Plans approved in the 306 Decree to replace depletions from the pumping of water from the ACWWA/ECCV Well Field for delivery to ACWWA’s present and future service area in Arapahoe and Douglas Counties. In addition, ACWWA seeks to use the ACWWA Highlands Reservoir Storage Right as a source of replacement water in any future plans for augmentation. 3.3.7.2. Use in ACWWA’s Recharge Projects. ACWWA seeks to use the ACWWA Highlands Reservoir Storage Right for recharge by delivering the water to the recharge facilities located

 

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in the Beebe Draw and on 70 Ranch pursuant to the terms and conditions of the 306 Decree. In addition, ACWWA seeks to use the ACWWA Highlands Reservoir Storage Right for recharge by delivering the water to the recharge sites described in this Application, and any future recharge facility to which ACWWA is legally permitted to recharge water. 3.3.7.3. Use in ACWWA’s Exchanges. ACWWA seeks to use the water as a source of substitute supply in the 2016 ACWWA Exchanges claimed in this Application and in any future exchanges operated or decreed by ACWWA. 3.3.7.4. Use to Meet Historical Return Flow Obligations. ACWWA seeks to use the ACWWA Highlands Reservoir Storage Right to meet its historical return flow obligations for its existing, pending, and future acquired and changed water rights owed to the South Platte or Cache la Poudre Rivers. 3.3.7.5. Alternate Places of Storage. ACWWA seeks to store the ACWWA Highlands Reservoir Storage Right in the following surface storage facilities: 3.3.7.5.1. Barr Lake, an off-channel reservoir located in Sections 15, 21, 22, 23, 26, 27, 28, and 33, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. Barr Lake is an enlargement of the original Oasis Reservoir. 3.3.7.5.2. Milton Lake, an off-channel reservoir located in Sections 10, 11, 14, 15, 22, and 23, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. 3.3.7.5.3. Any existing or future storage facility to which ACWWA is legally permitted to store water. 3.3.7.6. All Municipal Uses. ACWWA will use the ACWWA Highlands Reservoir Storage Right via delivery by a pipeline or by exchange to ECCV’s surface water treatment plant for treatment and subsequent direct delivery for all municipal uses, including, but not limited to, domestic, mechanical, manufacturing, commercial, and industrial, within ACWWA’s present and future service area located in Arapahoe and Douglas Counties. 3.3.7.7. Right of Reuse, Successive Use, and Disposition. ACWWA asks the Court to decree that it has the right to use, reuse, successively use and dispose of by sale, exchange, augmentation, or otherwise, to extinction, all water lawfully diverted and/or impounded pursuant to the decree entered in this case. 3.3.7.8. Use by ECCV. ACWWA may lease and/or trade water attributable to the ACWWA Highlands Reservoir Storage Right to ECCV for use in ECCV’s augmentation plans, recharge projects, and exchanges including those decree in Case Nos. 02CW403, 02CW404/03CW442, as amended by the decree entered in Case No. 10CW306, and Case No. 11CW285, as well as the recharge projects and exchanges sought in Case No. 16CW3196, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ECCV, by lease or trade with ACWWA, pursuant to any future applications, so long those future applications list the ACWWA Highlands Reservoir Storage Right as a source of supply or replacement water. 3.3.8. Name and Addresses of the Owner of Highlands Reservoir and the Diversion Facility Used to Fill Highlands Reservoir. 3.3.8.1. Highlands Reservoir will be owned by the United Water and Sanitation District, 8301 East Prentice Avenue, Suite 100, Greenwood Village, Colorado 80111. 3.3.8.2. The land on which Highlands Reservoir will be located is currently owned by Highland Equities, L.L.C., 8301 East Prentice Avenue, Suite 100, Greenwood Village, Colorado 80111. 3.3.8.3. United Water and Sanitation District, 8301 East Prentice Avenue, Suite 100, Greenwood Village, Colorado 80111, holds a perpetual easement, granted by Henderson Aggregate, LTD, for United Diversion Facility No. 3. The diversion structure is owned by United Water and Sanitation District. 3.3.8.4. The Burlington Canal (a/k/a “Burlington/O’Brien Canal”) and the Beebe Seep Canal are owned by FRICO, 80 South 27th Avenue, Brighton, Colorado 80601. 3.3.8.5. Barr Lake and the canals which will be used to deliver water to Highlands Reservoir are owned by FRICO. 3.3.8.6. The land on which the proposed diversion point from the Beebe Seep Canal, described in paragraph 3.3.3.3.1, above, may be located is owned by one or more of Edmundson Land, LLC, P.O. Box 932, Brighton, Colorado, 80601, and Public Service Company of Colorado, P.O. Box 1979, Denver, Colorado, 80201. 3.3.8.7. The land on which the proposed diversion point from the Beebe Seep Canal, described in paragraph 3.3.3.3.2, above, may be located is owned by one or more of Vicki and David Pelletier, 3851 E. Geddes Avenue, Centennial, Colorado 80122, and Weld County, Colorado, 1150 O Street, Greeley, Colorado 80631. 3.3.8.8. The land on which the proposed diversion point from the Beebe Seep Canal, described in paragraph 3.3.3.3.3, above, may be located is owned by one or more of Len Pettinger, 18437 County Road 8, Brighton, Colorado 80603, and Town of Lochbuie, Colorado, 703 County Road 37, Brighton, Colorado 80603. 3.3.8.9. The land on which the proposed diversion point from the Beebe Seep Canal, described in paragraph 3.3.3.3.4, above,

 

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may be located is owned by Mile High Duck Club, c/o Brown and Locke P.C., 1720 S. Bellaire Street, Suite 405, Denver, Colorado 80222. 4. Description of Conditional Direct Flow Water Rights. 4.1. ACWWA Binder Pipeline Water Right. 4.1.1. Name of Structure. Binder Pipeline. 4.1.2.Location. Binder Pipeline will be located upstream of the confluence of the South Platte River and Big Dry Creek. The proposed diversion structure will divert water from the east bank of the South Platte River, in the NW1/4 of Section 18, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 4.1.3. Source. South Platte River. 4.1.4. Amount Claimed. 30 cfs. 4.1.5. Date of Appropriation. December 14, 2016. 4.1.5.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ACWWA Board of Directors on December 14, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 4.1.5.2. Date Water First Applied to Beneficial Use. Not applicable. 4.1.6. Uses. By this Application, ACWWA seeks a decree granting its right to use the ACWWA Binder Pipeline Water Right as follows: 4.1.6.1. Use in ACWWA’s Plans for Augmentation. ACWWA seeks to use the ACWWA Binder Pipeline Water Right as a source of replacement water in the ACWWA Augmentation Plans approved in the 306 Decree to replace depletions from the pumping of water from the ACWWA/ECCV Well Field for delivery to ACWWA’s present and future service area in Arapahoe and Douglas Counties. In addition, ACWWA seeks to use the ACWWA Binder Pipeline Water Right as a source of replacement water in any future plans for augmentation. 4.1.6.2. Use in ACWWA’s Recharge Projects. ACWWA seeks to use the ACWWA Binder Pipeline Water Right for recharge by delivering the water to the recharge facilities located in the Beebe Draw and on 70 Ranch pursuant to the terms and conditions of the 306 Decree. In addition, ACWWA seeks to use the ACWWA Binder Pipeline Water Right for recharge by delivering the water to the recharge sites described in this Application, and any future recharge facility to which ACWWA is legally permitted to recharge water. 4.1.6.3. Use in ACWWA’s Exchanges. ACWWA seeks to use the Binder Pipeline Water Right as a source of substitute supply in the 2016 ACWWA Exchanges claimed in this Application and in any future exchanges operated or decreed by ACWWA. 4.1.6.4. Storage. ACWWA seeks to use the Binder Pipeline Water Right for storage, directly or by exchange, in the following facilities: 4.1.6.4.1. Barr Lake, an off-channel reservoir located in Sections 15, 21, 22, 23, 26, 27, 28, and 33, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. Barr Lake is an enlargement of the original Oasis Reservoir. 4.1.6.4.2. Milton Lake, an off-channel reservoir located in Sections 10, 11, 14, 15, 22, and 23, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. 4.1.6.4.3. Binder Reservoir, as described in paragraph 3.1, above. 4.1.6.4.4. Highlands Reservoir, as described in paragraph 3.3, above. 4.1.6.4.5. Any other storage facility to which ACWWA is legally permitted to store water. 4.1.6.5. Use to Meet Historical Return Flow Obligations. ACWWA seeks to use the ACWWA Binder Pipeline Water Right to meet its historical return flow obligations for its existing, pending, and future acquired and changed water rights owed to the South Platte or Cache la Poudre Rivers. 4.1.6.6. All Municipal Uses. ACWWA will use the ACWWA Binder Pipeline Water Right via delivery by a pipeline or by exchange to ECCV’s surface water treatment plant for treatment and subsequent direct delivery for all municipal uses, including, but not limited to, domestic, mechanical, manufacturing, commercial, and industrial, within ACWWA’s present and future service area located in Arapahoe and Douglas Counties. 4.1.6.7. Right of Reuse, Successive Use, and Disposition. ACWWA asks the Court to decree that it has the right to use, reuse, successively use and dispose of by sale, exchange, augmentation, or otherwise, to extinction, all water lawfully diverted and/or impounded pursuant to the decree entered in this case. 4.1.7.8. Use by ECCV. ACWWA may lease and/or trade water attributable to the ACWWA Binder Pipeline Water Right to ECCV for use in ECCV’s augmentation plans, recharge projects, and exchanges including those decree in Case Nos. 02CW403, 02CW404/03CW442, as amended by the decree entered in Case No. 10CW306, and Case No. 11CW285, as well as the recharge projects and exchanges sought in Case No. 16CW3196, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ECCV, by lease or trade with ACWWA, pursuant to any future applications, so long those future applications list the ACWWA Binder Pipeline Right as a source of supply or replacement water. 4.1.7. Name and Addresses of the Owner of Binder Pipeline. PRWDA, 8301 East Prentice Avenue, Suite 100,

 

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Greenwood Village, Colorado 80111, will be the owner of the Binder Pipeline and owns easements along the path where the pipeline will be located. 4.2. ACWWA Brighton Lateral Water Right. 4.2.1. Name of Structure. Brighton Lateral. 4.2.2. Location. The point of diversion for Brighton Lateral will be located in the NE1/4 of the NE1/4 of Section 32, Township 1 South, Range 66 West of the 6th P.M., Weld County, Colorado. Water may also be delivered to Brighton Lateral from the Burlington Canal. 4.2.3. Source. South Platte River. 4.2.4. Amount Claimed. 10 cfs, conditional. 4.2.5. Date of Appropriation. December 14, 2016. 4.2.5.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ACWWA Board of Directors on December 14, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 4.2.5.2. Date Water First Applied to Beneficial Use. Not applicable. 4.2.6. Uses. By this Application, ACWWA seeks a decree granting the right to use the ACWWA Brighton Lateral Water Right as follows: 4.2.6.1. Use in ACWWA’s Plans for Augmentation. ACWWA seeks to use the ACWWA Brighton Lateral Water Right as a source of replacement water in the ACWWA Augmentation Plans approved in the 306 Decree to replace depletions from the pumping of water from the ACWWA/ECCV Well Field for delivery to ACWWA’s present and future service area in Arapahoe and Douglas Counties. In addition, ACWWA seeks to use the ACWWA Brighton Lateral Water Right as a source of replacement water in any future plans for augmentation. 4.2.6.2. Use in ACWWA’s Recharge Projects. ACWWA seeks to use the ACWWA Brighton Lateral Water Right for recharge by delivering the water to the recharge facilities located in the Beebe Draw pursuant to the terms and conditions of the 306 Decree. In addition, ACWWA seeks to use the ACWWA Brighton Lateral Water Right for recharge by delivering the water to the recharge sites described in this Application, and any future recharge facility to which ACWWA is legally permitted to recharge water. 4.2.6.3. Use in ACWWA’s Exchange. ACWWA seeks to use the ACWWA Brighton Lateral Water Right as a source of substitute supply in the 2016 ACWWA Exchanges claimed in this Application and in any future exchanges operated or decreed by ACWWA. 4.2.6.4. Storage. ACWWA seeks to use the Brighton Lateral Water Right for storage in the following facilities: 4.2.6.4.1. Barr Lake, an off-channel reservoir located in Sections 15, 21, 22, 23, 26, 27, 28, and 33, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. Barr Lake is an enlargement of the original Oasis Reservoir. 4.2.6.4.2. Milton Lake, an off-channel reservoir located in Sections 10, 11, 14, 15, 22, and 23, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. 4.2.6.4.3. Binder Reservoir, as described in paragraph 3.1, above. 4.2.6.4.4. Highlands Reservoir, as described in paragraph 3.3, above. 4.2.6.4.5. Any other storage facility to which ACWWA is legally permitted to store water. 4.2.6.5. Use to Meet Historical Return Flow Obligations. ACWWA seeks to use the ACWWA Brighton Lateral Water Right to meet its historical return flow obligations for its existing, pending, and future acquired and changed water rights owed to the South Platte River or Cache la Poudre River. 4.2.6.6. All Municipal Uses. ACWWA will use the water via delivery by a pipeline or by exchange to ECCV’s surface water treatment plant for treatment and subsequent direct delivery for all municipal uses, including, but not limited to, domestic, mechanical, manufacturing, commercial, and industrial, within ACWWA’s present and future service area located in Arapahoe and Douglas Counties. 4.2.6.7.Right of Reuse, Successive Use, and Disposition. ACWWA asks the Court to decree that it has the right to use, reuse, successively use and dispose of by sale, exchange, augmentation, or otherwise, to extinction, all water lawfully diverted and/or impounded pursuant to the decree entered in this case. 4.2.6.8. Use by ECCV. ACWWA may lease and/or trade water attributable to the ACWWA Brighton Lateral Water Right to ECCV for use in ECCV’s augmentation plans, recharge projects, and exchanges including those decree in Case Nos. 02CW403, 02CW404/03CW442, as amended by the decree entered in Case No. 10CW306, and Case No. 11CW285, as well as the recharge projects and exchanges sought in Case No. 16CW3196, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ECCV, by lease or trade with ACWWA, pursuant to any future applications, so long those future applications list the ACWWA Brighton Lateral Right as a source of supply or replacement water. 4.2.7. Name and Addresses of the Owner of Brighton Lateral. New Brighton Lateral, LLC, 8301 E. Prentice Avenue, Suite 100, Greenwood Village, Colorado, 80111. 5. Claim for Conditional Recharge Water Rights or Plans for Augmentation. 5.1. ACWWA Drouhard

 

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Recharge Right. 5.1.1. Name of Structure. Drouhard Recharge Site. 5.1.2. Recharge Location. The Drouhard Recharge Site is an off-channel recharge site located in the SE 1/2 of the SE1/4 of Section 30, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado. 5.1.3. Points of Diversion. Water will be diverted from the South Platte River to the Drouhard Recharge Site from the following locations: 5.1.3.1. Farmers Independent Ditch. The Farmers Independent Ditch headgate is located in the SW1/4 of the SW1/4 of Section 19, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado. 5.1.3.2. Western Mutual Ditch. The Western Mutual Ditch headgate is located in the SE1/4 of the SW1/4 of Section 11, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado. 5.1.3.3. Drouhard Pipeline. The Drouhard Pipeline is a bi-directional pipeline that will be located parallel to County Road 40.5 from the Drouhard Pond to Milliken Reservoir. The proposed diversion structure will divert water from the Milliken Reservoir in the NE1/4 of the SE1/4 of Section 26, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. 5.1.3.4. Milliken Reservoir. Water will be delivered from Milliken Reservoir through the bi-directional Drouhard Pipeline. 5.1.3.5. Future Diversion Facilities. Any other existing facilities or facilities constructed in the future capable of delivering water to the Drouhard Recharge Site in which ACWWA is legally permitted to divert water. 5.1.4. Amount Claimed. 20 cfs, conditional. 5.1.5. Date of Appropriation. December 14, 2016. 5.1.5.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ACWWA Board of Directors on December 14, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 5.1.5.2. Date Water First Applied to Beneficial Use. Not applicable. 5.1.6. Sources of Water for the Plan for Augmentation. 5.1.6.1. Drouhard Recharge Site. ACWWA will use the water rights described in Exhibit 4 for recharge at the Drouhard Recharge Site. 5.1.6.2. Future Acquired Sources. ACWWA intends to acquire and/or lease additional water supplies in the future for use as a source of supply for the plan for augmentation described in this Application. ACWWA will add future acquired sources to the plan for augmentation claimed in this Application pursuant to section 37-92-305(8)(c) of the Colorado Revised Statutes, or successor statute. 5.1.7. Recharge Accretions. Water recharged into the alluvial aquifer will naturally flow down-gradient for accretion to the South Platte River. The quantity, timing, and location of accretions will be calculated and accounted for by ACWWA. 5.1.8. Uses for the Recharge Accretions. Water accreted back to the South Platte River will be used for the purposes decreed for each source of water listed in Exhibit 4, which may include, but is not limited to, augmentation, storage and refill, recharge, replacement, and exchange, as well as for the purposes described in paragraph 3.1.9, above. ACWWA may also lease and/or trade recharge accretions from the ACWWA Drouhard Recharge Right to ECCV for use in ECCV’s augmentation plans, recharge projects, and exchanges, including those decree in Case Nos. 02CW403, 02CW404/03CW442, as amended by the decree entered in Case No. 10CW306, and Case No. 11CW285, as well as the recharge projects and exchanges sought in Case No. 16CW3196, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ECCV, by lease or trade with ACWWA, pursuant to any future applications, so long those future applications list the ACWWA Drouhard Recharge Right as a source of supply or replacement water. 5.2. ACWWA Brighton Lateral Recharge Right. 5.2.1. Name of Structure. Brighton Lateral. 5.2.2. Recharge Location. The point of diversion for Brighton Lateral will be located in the NE1/4 of the NE1/4 of Section 32, Township 1 South, Range 66 West of the 6th P.M., Weld County, Colorado. Recharge will occur within the Brighton Lateral. 5.2.3. Amount Claimed. 10 cfs, conditional. 5.2.4. Date of Appropriation. December 14, 2016. 5.2.4.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ACWWA Board of Directors on December 14, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 5.2.4.2. Date Water First Applied to Beneficial Use. Not applicable. 5.2.5. Sources of Water for the Plan for Augmentation. 5.2.5.1. Brighton Lateral. ACWWA will use the water rights described in Exhibit 4 for recharge in Brighton Lateral. 5.2.5.2. Future Acquired Sources. ACWWA intends to acquire and/or lease additional water supplies in the future for use as a source of supply for the plan for augmentation described in this Application. ACWWA will add future acquired sources to the plan for augmentation claimed in this Application pursuant to section 37-92-305(8)(c) of

 

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the Colorado Revised Statutes, or successor statute. 5.2.6. Recharge Accretions. Water recharged into the alluvial aquifer will naturally flow down-gradient for accretion to the South Platte River. The quantity, timing, and location of accretions will be calculated and accounted for by ACWWA. 5.2.7. Uses for the Recharge Accretions. Water accreted back to the South Platte River will be used for the purposes decreed for each source of water listed in Exhibit 4, which may include, but is not limited to, augmentation, storage and refill, recharge, replacement, and exchange, as well as for the purposes described in paragraph 3.1.9, above. ACWWA may also lease and/or trade recharge accretions from the ACWWA Brighton Lateral Recharge Right to ECCV for use in ECCV’s augmentation plans, recharge projects, and exchanges, including those decree in Case Nos. 02CW403, 02CW404/03CW442, as amended by the decree entered in Case No. 10CW306, and Case No. 11CW285, as well as the recharge projects and exchanges sought in Case No. 16CW3196, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ECCV, by lease or trade with ACWWA, pursuant to any future applications, so long those future applications list the ACWWA Brighton Lateral Recharge Right as a source of supply or replacement water. 5.3. ACWWA Brighton Lateral Recharge Site Right. 5.3.1. Name of Structure. Brighton Lateral Recharge Site. 5.3.2. Recharge Location. The Brighton Lateral Recharge Site is an off-channel recharge site located in the S1/2 of Section 15, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 5.3.3. Points of Diversion. 5.3.3.1. Brighton Lateral. The point of diversion for Brighton Lateral will be located in the NE1/4 of the NE1/4 of Section 32, Township 1 South, Range 66 West of the 6th P.M., Weld County, Colorado. Water may also be delivered to Brighton Lateral from the Burlington Canal. 5.3.3.2. Burlington Canal. The Burlington Canal headgate is located on the east bank of the South Platte River, in the NE1/4 of the SW1/4 of Section 14, Township 3 South, Range 68 West of the 6th P.M., City and County of Denver, Colorado. 5.3.4. Amount Claimed. 20 cfs, conditional. 5.3.5. Date of Appropriation. December 14, 2016. 5.3.5.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ACWWA Board of Directors on December 14, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 5.3.5.2. Date Water First Applied to Beneficial Use. Not applicable. 5.3.6. Sources of Water for the Plan for Augmentation. 5.3.6.1. Brighton Lateral Recharge Site. ACWWA will use the water rights described in Exhibit 4 for recharge at the Brighton Lateral Recharge Site. 5.3.6.2. Future Acquired Sources. ACWWA intends to acquire and/or lease additional water supplies in the future for use as a source of supply for the plan for augmentation described in this Application. ACWWA will add future acquired sources to the plan for augmentation claimed in this Application pursuant to section 37-92-305(8)(c) of the Colorado Revised Statutes, or successor statute. 5.3.7. Recharge Accretions. Water recharged into the alluvial aquifer will naturally flow down-gradient for accretion to the South Platte River. The quantity, timing, and location of accretions will be calculated and accounted for by ACWWA. 5.3.8. Uses for the Recharge Accretions. Water accreted back to the South Platte River will be used for the purposes decreed for each source of water listed in Exhibit 4, which may include, but is not limited to, augmentation, storage and refill, recharge, replacement, and exchange, as well as for the purposes described in paragraph 3.1.9, above. ACWWA may also lease and/or trade recharge accretions from the ACWWA Brighton Lateral Recharge Site Right to ECCV for use in ECCV’s augmentation plans, recharge projects, and exchanges, including those decree in Case Nos. 02CW403, 02CW404/03CW442, as amended by the decree entered in Case No. 10CW306, and Case No. 11CW285, as well as the recharge projects and exchanges sought in Case No. 16CW3196, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ECCV, by lease or trade with ACWWA, pursuant to any future applications, so long those future applications list the ACWWA Brighton Lateral Recharge Site Right as a source of supply or replacement water. APPROPRIATIVE RIGHTS OF EXCHANGE. The 2016 ACWWA South Platte River and St. Vrain Creek Exchange, the 2016 ACWWA Cache la Poudre Exchange, and the 2016 ACWWA Beebe Canal Exchange, further described below, are collectively referred to in this Application as the “2016 ACWWA Exchanges.” 6. Claim for Appropriative Rights of Substitution and Exchange - 2016 ACWWA South Platte River (“SPR”) and St. Vrain Creek Exchange. 6.1. Exchange-From Points. 6.1.1. SPR

 

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Reach 5. 6.1.1.1. Downstream End Point of South Platte River Reach 5 - Confluence of Beaver Creek and the South Platte River. Located in the NW1/4 of the SW1/4 of Section 4, Township 4 North, Range 55 West, of the 6th P.M., Morgan County, Colorado. ACWWA does not seek to exchange water up Beaver Creek. For purposes of the appropriative rights of exchange decreed herein, the confluence of Beaver Creek and the South Platte River is also the downstream end point of SPR Reach 5. SPR Reach 5 was decreed at paragraph 19.1.8 of the 306 Decree as an administrative reach of the South Platte River for ACWWA’s augmentation plans approved in the 306 Decree. SPR Reach 5 is located below the Bijou Canal headgate to the confluence of Beaver Creek and the South Platte River. The Bijou Canal headgate is located on the south bank of the South Platte River in the NE1/4 of the NE1/4 of Section 13, Township 4 North, Range 63 West, of the 6th P.M., Morgan County, Colorado, at a point approximately 95 feet west of the east section line and 604 feet south of the north section line of said section. 6.1.1.2. Fort Morgan Canal above the Lower Platte & Beaver. The location where return flow accretions and future recharge accretions from the Hofmeister farm will accrue to the South Platte River above the Lower Platte & Beaver headgate, located in the SW1/4 of the SW1/4 of Section 25, Township 4 North, Range 57 West of the 6th P.M., Morgan County, Colorado. 6.1.1.3. Fort Morgan Canal below the Lower Platte & Beaver. The location where return flow accretions and future recharge accretions from Glassey farm will accrue to the South Platte River below the Lower Platte & Beaver headgate, located in the NE1/4 of the SE1/4 of Section 21, Township 4 North, Range 56 West of the 6th P.M., Morgan County, Colorado. 6.1.1.4. Weldon Valley Ditch Central/ACWWA Augmentation Station. An augmentation station located where the Weldon Valley Ditch crosses the west line of the NE1/4 of Section 3, Township 4 North, Range 60 West of the 6th P.M., Morgan County, Colorado. This augmentation station returns water south via a pipeline to a channel that discharges to the South Platte River in the NE1/4 of the NE1/4 of said Section 3. 6.1.1.5. Weldon Valley Ditch Augmentation Station. An augmentation station located at the end of Weldon Valley Ditch in the SE1/4 of Section 7, Township 4 North, Range 58 West of the 6th P.M., Morgan County, Colorado. This augmentation station delivers water to the South Platte River below the Fort Morgan Canal headgate. 6.1.1.6. ACWWA 70 Ranch Recharge Project Quantification Point. The ACWWA70 Ranch Recharge Project was decreed at paragraphs 37-41 of the decree entered in Case Nos. 02CW404/03CW442 (“404/442 Decree”). The Quantification Point for recharge accretions from the ACWWA 70 Ranch Recharge Project is the farthest downstream point at which recharge accretions from the ACWWA 70 Ranch Recharge Project accrue to the South Platte River at the west section line of Section 23, Township 4 North, Range 62 West of the 6th P.M., Weld County, Colorado, as the section line intersects with the South Platte River. 6.1.2. SPR Reach 4. 6.1.2.1. Downstream End Point of South Platte River Reach 4 – Bijou Canal Headgate. SPR Reach 4 was decreed at paragraph 19.1.7 of the 306 Decree as an administrative reach of the South Platte River for ACWWA’s augmentation plans approved in the 306 Decree. SPR Reach 4 is located from the Empire Inlet Canal headgate, located in the SW1/4 of the SW1/4 of Section 19, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado, to the Bijou Canal headgate, located on the south bank of the South Platte River, in the NE1/4 of the NE1/4 of Section 13, Township 4 North, Range 63 West, of the 6th P.M., Morgan County, Colorado, at a point approximately 95 feet west of the east section line and 604 feet south of the north section line of said section. 6.1.2.2. 70 Ranch Reservoir. Located in the SE1/4 of Section 34, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado. The preliminarily designed outlet structure for 70 Ranch Reservoir will allow releases from 70 Ranch Reservoir by gravity flow back to the South Platte River at a point in the SE1/4 of Section 34, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado. Water may also be released to the Hardin Seep Canal and delivered to the South Platte River through an existing return ditch in the NW1/4 of the NW1/4 of Section 2, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado. 6.1.3. SPR Reach 3. 6.1.3.1. Downstream End Point of South Platte River Reach 3 – Empire Inlet Canal Headgate. SPR Reach 3 was decreed at paragraph 19.1.6 of the 306 Decree as an administrative reach of the South Platte River for ACWWA’s augmentation plans approved in the 306 Decree. SPR Reach 3 is located from the Lower Latham Ditch headgate, located in the NW1/4 of the NE1/4 of Section 31, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado, to the Empire Inlet Canal headgate, located in the SW1/4 of the SW1/4 of

 

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Section 19, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado. 6.1.3.2. Confluence of Crow Creek and the South Platte River. Located in SE1/4 of the NE1/4 of Section 24, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado. Prior to delivery to the confluence of Crow Creek and the South Platte River for exchange, ACWWA intends to divert certain sources of substitute supply, as described in Exhibit 4, from the Cache la Poudre River and deliver the substitute supplies from said Canal to Crow Creek in the NW1/4 of the SW1/4 of Section 25, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado, where the substitute supplies will be conveyed to the confluence with the South Platte River. 6.1.3.3. Confluence of Lone Tree Creek and the South Platte River. Located in the SE1/4 of the SE1/4 of Section 6, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado. Prior to delivery to the confluence of Lone Tree Creek and the South Platte River for exchange, ACWWA intends to divert certain sources of substitute supply, as described in Exhibit 4, from the Cache la Poudre River to Lone Tree Creek, in the NE1/4 of the NW1/4 of Section 15, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado, where substitute supplies will be conveyed to the confluence with the South Platte River. 6.1.3.4. Confluence of the Cache la Poudre River and the South Platte River. Located in the SW1/4 of the SW1/4 (Lot 4) of Section 6, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado, the centroid being 590 feet from the west section line and 4,760 feet from the north section line. ACWWA will deliver its sources of substitute supply to the confluence of the Cache la Poudre River and the South Platte River by: (1) conveying certain sources of substitute supply, as described in Exhibit 4, down the Cache la Poudre River to its confluence with the South Platte River; and/or (2) delivering certain sources of substitute supply, as described in Exhibit 4, to the confluence of Sand Creek and the Cache la Poudre River, which is located in the NW1/4 of the NW1/4 of Section 11, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado, immediately above the confluence of the Cache la Poudre River with the South Platte River. From the confluence of Sand Creek and the Cache la Poudre River, the sources of substitute supply will be conveyed in the Cache la Poudre River to the exchange-from point at the confluence of the Cache la Poudre River and the South Platte River. 6.1.4. SPR Reach 2. 6.1.4.1. Downstream End Point of South Platte River Reach 2 – Lower Latham Headgate. SPR Reach 2 was decreed at paragraph 19.1.5 of the 306 Decree as an administrative reach of the South Platte River for ACWWA’s augmentation plans approved in the 306 Decree. SPR Reach 2 is located from the Western Mutual Ditch headgate, located in the SE1/4 of the SW1/4 of Section 11, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado, to the Lower Latham Ditch headgate, located in the NW1/4 of the NE1/4 of Section 31, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado. 6.1.4.2. Strohauer Pond Accretions and Release. The point at which water recharged or discharged at the Strohauer Pond Recharge Site accretes to the South Platte River is located in the NE1/4 of the NW1/4 of Section 31, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado. 6.1.4.3. Milliken Reservoir Outlet Structures. Milliken Reservoir has several outlets capable of returning water to the South Platte River at the following locations: (1) the SE1/4 of the NW1/4 of Section 2, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado; (2) the NW1/4 of the NW1/4 of Section 35, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado; and (3) the SW1/4 of the NE1/4 of Section 26, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. In addition, the North Diversion structure of the reservoir located on the South Platte River downstream of the confluence with the St. Vrain River, in the NE1/4 of the SW1/4 of Section 26, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado, can also operate as an outlet from Milliken Reservoir. 6.1.4.4. Confluence of St. Vrain Creek and the South Platte River. Located in the SW1/4 of the NE1/4 of Section 34, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. From this point, water will be exchanged up St. Vrain Creek to the St. Vrain Pipeline Diversion, described below. 6.1.4.5. Haren Recharge Accretions and Release. The point at which water recharged or discharged at the Haren Recharge Site accretes to the South Platte River is located in the SW1/4 of Section 8, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado. 6.1.4.6. Drouhard Recharge Accretions and Release. The location at which water recharged or discharged at the Drouhard Recharge Site accretes to the South Platte River is located in the E1/2 of the SE1/4 of Section 24, Township 4 North, Range 67

 

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West of the 6th P.M., Weld County, Colorado. 6.1.4.7. Brownwood Augmentation Station. Located in the NW1/4 of Section 25, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado, approximately 4.6 miles down ditch from the Western Mutual Ditch headgate. 6.1.4.8. Farmers Independent Ditch Lower Augmentation Station. Located in the SE1/4 of the NE1/4 of Section 1, Township 4 North, Range 66 West of the 6th P.M., Weld County Colorado. 6.1.4.9. Farmers Independent Ditch Pipeline. Located in the NE1/4 of the SE1/4 of Section 36, Township 5 North, Range 66 West of the 6th P.M., Weld County, Colorado. 6.1.5. SPR Reach 1. 6.1.5.1. Downstream End Point of South Platte River Reach 1 – FIDCo Upper Augmentation Station. Located in the SE1/4 of the NE1/4 of Section 24, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado. 6.1.5.2. Binder Reservoir. Located in the N1/2 of Section 15, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. Water from the Binder Reservoir will be released to the South Platte River via the Binder Pipeline at a location on the east bank of the South Platte River in the NW1/4 of Section 18, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 6.1.5.3. Brighton Lateral Accretions. The most downstream location of accretions from Brighton Lateral to the South Platte River will be within either the NW1/4 of the NW1/4, or the NE1/4 of the NW1/4, both of Section 18, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 6.1.5.4. Fulton Irrigating Ditch Augmentation Stations. ACWWA will use the following augmentation structures to deliver certain sources of substitute supply from the Fulton Irrigating Ditch to the South Platte River: (1) an existing augmentation structure located in the SW1/4 of the NW1/4 of Section 8, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado, which delivers water to the South Platte River in the SE1/4 of the NW1/4 of Section 7, Township 1 North, Range 66 West of the 6th P.M., Adams County, Colorado; and (2) an augmentation structure to be constructed in Section 3 of the Fulton Irrigating Ditch, in the NE1/4 of the SE1/4 of Section 28, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado, which delivers water to the South Platte River in the NW1/4 of the NE1/4 of Section 30, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado. 6.1.5.5. United Reservoir No. 3 Discharge Point. The point of discharge from United Reservoir No. 3 to the South Platte River is located on the east bank of the South Platte River, in the SW1/4 of Section 26, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado, located 1,636 feet east of the west line and 1,531 feet north of the south line of said Section 26. 6.1.5.6. St. Vrain Pipeline (a/k/a “United Diversion Facility No. 5”). The point of discharge from the St. Vrain Pipeline to the South Platte River will be located in one of the following locations: (1) at a point located upstream of the Highway 66 Bridge as it crosses the South Platte River, which will deliver water to the South Platte River in the SW1/4 of the SW1/4 of Section 19, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado; (2) at a point upstream of the Highway 66 Bridge as it crosses the South Platte River, which will deliver water to the South Platte River in the SE1/4 of the SE1/4 of Section 24, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado, or the SE1/2 of Section 25, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado; or (3) at a point near the SW1/4 of the SE1/4 of Section 11, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado. The Exchange-From Points are shown on the map attached to the Application as Exhibit 2. 6.2. Exchange-To Points. 6.2.1. SPR Reach 4. 6.2.1.1. 70 Ranch Reservoir Surface Diversion. The surface diversion facility for the 70 Ranch Reservoir will be located in the NW1/4 of the SE1/4 of Section 34, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado. 6.2.2. SPR Reach 3. 6.2.2.1. Powell Spillway. Pumping depletions that accrue to the South Platte River at the Powell Spillway will be replaced at the SE1/4 of the SW1/4 of Section 14, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado. 6.2.2.2 Confluence of the Cache la Poudre River and the South Platte River. Located in the SW1/4 of the SW1/4 (Lot 4) of Section 6, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado, the centroid being 590 feet from the west section line and 4,760 feet from the north section line. 6.2.3. SPR Reach 2. 6.2.3.1. Milliken Reservoir Diversion Points. Water will be diverted from the South Platte River at the following diversion facilities: 6.2.3.1.1. South Diversion. A point of diversion for Milliken Reservoir may be located adjacent to the Jay Thomas Ditch Diversion Dam, on the east bank of the South Platte River, in the NW1/4 of the NW1/4 of Section 11, Township 3 North, Range

 

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67 West of the 6th P.M., Weld County, Colorado (referred to as the “South Diversion”). 6.2.3.1.2. North Diversion. A point of diversion for Milliken Reservoir may be located on the South Platte River, downstream of the confluence with the St. Vrain River, in the NE1/4 of the SW1/4 of Section 26, Township 4 North, Range 67 West of the 6th P.M., Weld County Colorado (referred to as the “North Diversion”). 6.2.3.1.3. Milliken Pumps. Currently, a pump is located in the SW1/4 of the SW1/4 of Section 35, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. A pump may also be constructed near the confluence of the South Platte and St. Vrain Rivers, in Section 34, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. 6.2.3.1.4. Western Mutual Ditch Headgate. The point of diversion for the Western Mutual Ditch Headgate is located on the South Platte River, in the SE1/4 of the SW1/4 of Section 11, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado. Water will be delivered to Milliken Reservoir through an interconnect between the Western Mutual Ditch and Milliken Reservoir. 6.2.3.2. Western Mutual Ditch Headgate. Described in paragraph 6.2.3.1.4, above. 6.2.4. SPR Reach 1. 6.2.4.1. Farmers Independent Ditch Headgate. The Farmers Independent Ditch headgate is located on the east bank of the South Platte River, in the SW1/4 of Section 19, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado. ACWWA will deliver water from the Farmers Independent Ditch headgate to the Drouhard Recharge Site. 6.2.4.2. Binder Pipeline. Binder Pipeline will divert water from the east bank of the South Platte River, in the NW1/4 of Section 18, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. Substitute supplies exchanged and conveyed through Binder Pipeline will be delivered to Binder Reservoir. 6.2.4.3. United Diversion Facility No. 3. United Diversion Facility No. 3 is located on the east bank of the South Platte River, in the SW1/4 of Section 26, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado, located 1,636 feet east of the west line and 1,531 feet north of the south line of said Section 26. Substitute supplies exchanged and diverted at United Diversion Facility No. 3 will be delivered to United Reservoir No. 3. Water stored in United Reservoir No. 3 can be delivered to Barr Lake through the Beebe Pipeline pursuant to the decree entered in Case No. 02CW403 (“403 Decree”). Water stored in Barr Lake can be delivered to Milton Lake via the Beebe Draw. From Barr Lake the water can also be delivered through a drainage seep to and through Brighton Lateral to Binder Reservoir, or through the FRICO delivery canals in the Beebe Draw to Highlands Reservoir. Water can also be delivered from United No. 3 through the Beebe Pipeline to and through the Brighton Lateral to Binder Reservoir. 6.2.4.4. Burlington Canal Headgate. The Burlington Canal headgate is, pursuant to a changed point of diversion approved in the 403 Decree, located on the east bank of the South Platte River, in the NE1/4 of the SW1/4 of Section 14, Township 3 South, Range 68 West of the 6th P.M., City and County of Denver, Colorado. Substitute supplies exchanged and diverted at the Burlington Canal headgate will be delivered to Barr Lake. Water stored in Barr Lake can be delivered to Milton Lake via the Beebe Draw. From Barr Lake, the water can also be delivered through a drainage seep to and through Brighton Lateral to Binder Reservoir, or through the FRICO delivery canals in the Beebe Draw to Highlands Reservoir. ACWWA may also deliver water to recharge facilities in the Beebe Draw pursuant to the terms and conditions of the ECCV Beebe Draw Recharge Project approved in the 404/442 and 306 Decrees. Water can also be delivered from the Burlington Canal through the Beebe Pipeline to and through the Brighton Lateral to Binder Reservoir. The Exchange-To Points are shown on the map attached to the Application as Exhibit 2. 6.3. Rates on the Appropriative Rights of Exchange. 6.3.1. Exchange Matrix. The maximum exchange rates in cubic feet per second for the conditional appropriative rights of exchange are set forth in the Exchange Matrix attached as Exhibit 5. 6.4. Date of Appropriation. December 14, 2016. 6.4.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ACWWA Board of Directors on December 14, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 6.4.2. Date Water First Applied to Beneficial Use. Not applicable. 6.5. Uses. Substitute supplies exchanged to the Exchange-To Points described above and discharged to the South Platte River may be: 6.5.1. Used by ACWWA to satisfy its replacement obligations in SPR Reaches 1, 2, 3, 4, 5, and the Beebe Draw. 6.5.2. Delivered into recharge facilities at 70 Ranch pursuant to the terms and conditions of the ACWWA 70 Ranch Recharge Project approved in the 306 Decree, or future recharge facilities in which

 

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ACWWA is legally permitted to recharge water. 6.5.3. Used to replace depletions from the pumping of ACWWA’s wells on 70 Ranch pursuant to the terms and conditions of the ACWWA 70 Ranch Augmentation Plan approved in the 306 Decree, or future augmentation plans if separately decreed. 6.5.4. Used to augment depletions to the South Platte River from the ACWWA/ECCV Well Field under the ACWWA Beebe Draw Augmentation Plan approved in the 306 Decree, or future augmentation plans if separately decreed. 6.5.5. Delivered to recharge facilities in the Beebe Draw pursuant to the terms and conditions of the ECCV Beebe Draw Recharge Project approved in the 404/442 and 306 Decrees or future recharge facilities in which ACWWA is legally permitted to recharge water. 6.5.6. Delivered to ECCV’s Water Treatment Plant in the Beebe Draw, and then transported via a 31-mile pipeline to ACWWA’s service area. 6.5.7. Used to meet ACWWA’s historical return flow obligations for its existing, pending, and future acquired and changed water rights owed to the South Platte or Cache la Poudre Rivers. 6.5.8. Stored in the following surface storage facilities: 6.5.8.1. 70 Ranch Reservoir, a lined off-channel reservoir that will be located in the S1/2 of Section 3, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado, and a portion of the NE1/4 of Section 10, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado. 6.5.8.2. Serfer Pit, a lined off-channel reservoir located along the Cache la Poudre River, approximately 2.8 stream miles below the New Cache headgate, in the NE1/4 of the NE1/4 of Section 24, Township 6 North, Range 68 West of the 6th P.M., Larimer County, Colorado. 6.5.8.3. Milliken Reservoir, a lined off-channel reservoir located within a part of Section 2, Township 3 North, Range 67 West and Sections 23, 26, 34, and 35, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. 6.5.8.4. United Reservoir No. 3, an off-channel reservoir located on the east side of the South Platte River, in the S1/2 of Section 26 and the N1/2 of Section 35, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado. 6.5.8.5. Barr Lake, an off-channel reservoir located in Sections 15, 21, 22, 23, 26, 27, 28, and 33, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. Barr Lake is an enlargement of the original Oasis Reservoir. 6.5.8.6. Milton Lake, an off-channel reservoir located in Sections 10, 11, 14, 15, 22, and 23, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. 6.5.8.7. Binder Reservoir, an off-channel reservoir located in the N1/2 of Section 15, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 6.5.8.8. Highlands Reservoir, an off-channel reservoir located in the NW1/4 of Section 32, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 6.5.8.9. Any existing or future storage facility to which ACWWA is legally permitted to store water. 6.5.9. Use by ECCV. ACWWA may lease and/or trade exchange space available to the 2016 ACWWA SPR and St. Vrain Creek Exchange and water exchanged under the 2016 ACWWA SPR and St. Vrain Creek Exchange to ECCV for use in ECCV’s augmentation plans, recharge projects, and exchanges including those decree in Case Nos. 02CW403, 02CW404/03CW442, as amended by the decree entered in Case No. 10CW306, and Case No. 11CW285, as well as the recharge projects and exchanges sought in Case No. 16CW3196, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ECCV, by lease or trade with ACWWA, pursuant to any future applications, so long those future applications list the 2016 ACWWA SPR and St. Vrain Creek Exchange as a source of supply or replacement water. 6.6. Sources of Substitute Supply for 2016 ACWWA South Platte River and St. Vrain Exchange. 6.6.1. Existing Water Rights Portfolio. Exhibit 4 is a list of the sources of substitute supply claimed herein for the 2016 ACWWA South Platte River and St. Vrain Creek Exchange. 6.6.2. Future Acquired Sources. ACWWA intends to acquire and/or lease additional water supplies in the future for use as a source of supply for the exchanges described in this Application. To the extent that this future acquired water is available at the exchange-from points listed above, ACWWA seeks to allow such sources to serve as substitute supplies for the exchanges. 6.7. Substitute Water Supply Projections. ACWWA shall make projections of the yield of the 2016 ACWWA Exchanges pursuant to the procedures described in paragraph 45 of the 306 Decree. ACWWA shall incorporate the projected yield into the augmentation plans approved in the 306 Decree pursuant to the notice of use procedures described in paragraph 17.3 of that decree. 7. Claim for Appropriative Rights of Substitution and Exchange - 2016 ACWWA Cache la Poudre River Exchange. 7.1. Exchange-From Points. 7.1.1. Greeley No. 2 Canal Augmentation Stations. ACWWA will deliver water associated

 

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with its changed shares in the New Cache la Poudre Irrigating Company and Cache la Poudre Reservoir Company to the Cache la Poudre and South Platte Rivers from the following locations: 7.1.1.1. A proposed augmentation return structure contemplated for construction near the Greeley Canal No. 2 headgate (the Headgate Augmentation Station); the turnout location off the Greeley Canal No. 2 would likely be within the NE1/4 of the SE1/4 of Section 11, Township 6 North, Range 68 West, of the 6th P.M., Larimer County, Colorado. 7.1.1.2. A proposed augmentation station (the Serfer Augmentation Station), located in the SE1/4 of the SW1/4 of Section 12, Township 6 North, Range 68 West, of the 6th P.M., Larimer County, Colorado. Water turned out from the Greeley No. 2 Ditch at this station would be delivered directly to Serfer Pit, where it could be stored or passed through to the Cache la Poudre River. 7.1.1.3. Law Ditch Augmentation Station, located in the NE1/4 of the SE1/4 of Section 15, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado, delivers to the Cache la Poudre above the Greeley No. 3 Canal via the John Law Seepage Ditch. 7.1.1.4. A proposed augmentation station (the Orr Lateral Augmentation Station), located in the NW1/4 of Section 32, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado, on the Orr-Tollgate farm, to deliver to the Cache la Poudre above the Greeley No. 3 Canal. 7.1.1.5. Graham Seep Augmentation Station, located in the NW1/4 of the SE1/4 of Section 13, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado. Water delivered through this station would enter the Cache la Poudre below the Greeley No. 3 Ditch headgate and above the Ogilvy Ditch headgate. 7.1.1.6. A proposed augmentation station (Carpenter Lateral Augmentation Station), located in the SE1/4 of the NW1/4 of Section 19, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado. It would deliver water to the Cache la Poudre River below the Greeley No. 3 Ditch headgate and above the Ogilvy Ditch headgate, via the Carpenter Lateral and Graham Seep. 7.1.1.7. Eaton Draw Augmentation Station, located in the NW1/4 of the NE1/4 of Section 17, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado, and delivers to the Cache la Poudre River below the Greeley No. 3 Ditch headgate and above the Ogilvy Ditch headgate. 7.1.1.8. Lone Tree Creek Augmentation Station, located in the NE1/4 of the NW1/4 of Section 15, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado, and delivers to the South Platte River just below the Cache la Poudre confluence via Lone Tree Creek. 7.1.1.9. Lower Sand Creek Augmentation Station, located in the SE1/4 of the NW1/4 of Section 27, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado, and delivers to the Cache la Poudre River below the Ogilvy Ditch headgate via Sand Creek. 7.1.1.10. Galeton Draw Augmentation Station, proposed to be located in the NE1/4 of Section 7, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado. It would deliver to the South Platte River via Lone Tree Creek. 7.1.1.11. Gill Augmentation Station, proposed to be located on or close to the section line dividing Sections 22 and 27 in Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado, could deliver water to the South Platte River via Crow Creek. 7.1.1.12. Lower Crow Creek Augmentation Station, located more or less on the quarter section line dividing the NW1/4 and SW1/4 of Section 25, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado. It delivers to the South Platte River a short distance above the Empire Ditch headgate. 7.1.1.13. Upper Crow Creek Augmentation Station, located in the SW1/4 of the NW1/4 of Section 16, Township 6 North, Range 63 West of the 6th P.M., Weld, County, Colorado. This Augmentation Station delivers water to the South Platte River a short distance above the Empire Ditch headgate. 7.1.1.14. Upper Sand Creek Augmentation Station, located in the NW1/4 of the NE1/4 of Section 16, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado. This Augmentation Station delivers water to the Cache la Poudre River below the Ogilvy Ditch headgate. 7.1.2. Whitney Irrigating Ditch. The Whitney Irrigating Ditch headgate is located on the north side of the Cache la Poudre River, near the NW corner of the SE1/4 of Section 19, Township 6 North, Range 67 West, in the 6th P.M., Weld County, Colorado. ACWWA may deliver water associated with its shares in the Whitney Irrigating Ditch Company to the Cache la Poudre and South Platte Rivers through augmentation stations pursuant to a future judicial or administrative proceeding. 7.1.3. Lake Canal Ditch. The Lake Canal Ditch headgate is located in the SE corner of Section 2, Township 7 North, Range 69 West of the 6th P.M., Larimer County, Colorado. ACWWA may deliver water associated with its shares in the Lake Canal Ditch Company to the Cache la Poudre and South Platte Rivers through augmentation

 

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stations pursuant to a future judicial or administrative proceeding. 7.1.4. Confluence of the Cache la Poudre River and the South Platte River. Located in the SW1/4 of the SW1/4 (Lot 4) of Section 6, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado, the centroid being 590 feet from the west section line and 4,760 feet from the north section line. The Exchange-From Points are shown on the map attached to the Application as Exhibit 2. 7.2. Exchange-To Point. 7.2.1. Serfer Pit. Diversions from the Cache la Poudre River into Serfer Pit will be made at the NE1/4 of the NE1/4 of Section 24, Township 6 North, Range 68 West of the 6th P.M., Weld County, Colorado. The location of the Serfer Pit is shown on the map attached as Exhibit 2. 7.3. Rates on the Appropriative Right of Exchange. 7.3.1. Exchange Matrix. The maximum exchange rates in cubic feet per second for the 2016 ACWWA Cache la Poudre River Exchange are set forth in the Exchange Matrix attached as Exhibit 6. 7.4. Date of Appropriation. December 14, 2016. 7.4.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ACWWA Board of Directors on December 14, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 7.4.2. Date Water First Applied to Beneficial Use. Not applicable. 7.5. Uses. Substitute supplies exchanged to Serfer Pit described above and discharged to the Cache la Poudre River may be: 7.5.1. Used by ACWWA to satisfy its replacement obligations in SPR Reaches 1, 2, 3, 4, 5, and the Beebe Draw. 7.5.2. Delivered into recharge facilities at 70 Ranch pursuant to the terms and conditions of the ACWWA 70 Ranch Recharge Project approved in the 306 Decree, or any future recharge facilities in which ACWWA is legally permitted to recharge water. 7.5.3. Used to replace depletions from the pumping of ACWWA’s wells on 70 Ranch pursuant to the terms and conditions of the ACWWA 70 Ranch Augmentation Plan approved in the 306, Decree or future augmentation plans if separately decreed. 7.5.4. Used to augment depletions to the South Platte River from the ACWWA/ECCV Well Field under the ACWWA Beebe Draw Augmentation Plan approved in the 306 Decree or future augmentation plans if separately decreed, or future augmentation plans if separately decreed. 7.5.5. Used as a source of substitute supply for the appropriative right of exchange approved in the 283 Decree, the exchanges claimed herein, or future exchanges if separately decreed. 7.5.6. Delivered to recharge facilities in the Beebe Draw pursuant to the terms and conditions of the ACWWA Beebe Draw Recharge Project approved in the 306 Decree or any future recharge facilities in which ACWWA is legally permitted to recharge water. 7.5.7. Delivered to ECCV’s Water Treatment Plant in the Beebe Draw, and then transported via a 31-mile pipeline to ACWWA’s service area. 7.5.8. Used to meet ACWWA’s historical return flow obligations for its existing, pending, and future acquired and changed water rights owed to the South Platte River or Cache la Poudre River. 7.5.9. Stored in the following surface storage facilities: 7.5.9.1. 70 Ranch Reservoir, a lined off-channel reservoir that will be located in the S1/2 of Section 3, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado, and a portion of the NE1/4 of Section 10, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado. 7.5.9.2. Milliken Reservoir, a lined off-channel reservoir located within a part of Section 2, Township 3 North, Range 67 West and Sections 23, 26, 34, and 35, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. 7.5.9.3. United Reservoir No. 3, an off-channel reservoir located on the east side of the South Platte River, in the S1/2 of Section 26 and the N1/2 of Section 35, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado. 7.5.9.4. Barr Lake, an off-channel reservoir located in Sections 15, 21, 22, 23, 26, 27, 28, and 33, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. Barr Lake is an enlargement of the original Oasis Reservoir. 7.5.9.5. Milton Lake, an off-channel reservoir located in Sections 10, 11, 14, 15, 22, and 23, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. 7.5.9.6. Binder Reservoir, an off-channel reservoir located in the N1/2 of Section 15, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 7.5.9.7. Highlands Reservoir, an off-channel reservoir located in the NW1/4 of Section 32, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 7.5.9.8. Any existing or future storage facility to which ACWWA is legally permitted to store water. 7.5.10 Use by ECCV. ACWWA may lease and/or trade exchange space available to the 2016 ACWWA Cache la Poudre River Exchange and water exchanged under the 2016 ACWWA Cache la Poudre River Exchange to ECCV for use in ECCV’s augmentation plans, recharge projects, and exchanges including those decree

 

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in Case Nos. 02CW403, 02CW404/03CW442, as amended by the decree entered in Case No. 10CW306, and Case No. 11CW285, as well as the recharge projects and exchanges sought in Case No. 16CW3196, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ECCV, by lease or trade with ACWWA, pursuant to any future applications, so long those future applications list the 2016 ACWWA Cache la Poudre River Exchange as a source of supply or replacement water. 7.6. Sources of Substitute Supply. 7.6.1. Existing Water Rights Portfolio. Exhibit 4 is a list of the sources of substitute supply claimed herein for the appropriative rights of exchange. 7.6.2. Future Acquired Sources. ACWWA intends to acquire and/or lease additional water supplies in the future for use as a source of supply for the exchanges described in this Application. To the extent that this future acquired water is available at the exchange-from points listed above, ACWWA seeks to allow such sources to serve as substitute supplies for the exchanges. 7.7. Substitute Water Supply Projections. ACWWA shall make projections of the yield of the 2016 ACWWA Exchanges pursuant to the procedures described in paragraph 45 of the 306 Decree. ACWWA shall incorporate the projected yield into the augmentation plans approved in the 306 Decree pursuant to the notice of use procedures described in paragraph 17.3 of that decree. 8. Claim for Appropriative Rights of Substitution and Exchange - 2016 ACWWA Beebe Canal Exchange. 8.1. Exchange-From Points. 8.1.1. Highlands Reservoir. Highlands Reservoir is located in the Beebe Draw, as described above in paragraph 3.3.2. Water will be released to the Beebe Seep Canal through the outlet works of Highlands Reservoir. The location of the outlet structure for Highlands Reservoir has not yet been finally determined. The preliminary design anticipates that Highlands Reservoir will be gravity drained under Weld County Road (“WCR”) 39 into the existing drainage that has pipe crossings of the railroad and Interstate 76, and then flows west on the south side of WCR 4 to the Beebe Draw in the NW1/4 of the NE1/4 of Section 31, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. An inlet structure from the Beebe Seep Canal, the potential locations of which are described above in paragraph 3.3.3.3, may be designed to also deliver water from Highlands Reservoir to the Beebe Seep Canal, and as an outlet structure it would also be an exchange-from point. 8.1.2. Milton Lake. Milton Lake is located in Sections 10, 11, 14, 15, 22, and 23, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. The Exchange-From Points are shown on the map attached to the Application as Exhibit 2. 8.2. Exchange-To Points. 8.2.1.Barr Lake. Barr Lake is located in portions of Sections 15, 21, 22, 23, 26, 27, 28, and 33, Township 1 South, Range 66 West, 6th P.M., Weld County, Colorado. 8.2.2. Toe of Barr Lake Dam. The toe of Barr Lake Dam is located in the NW1/4 of Section 23, Township 1 South, Range 66 West, 6th P.M., Weld County, Colorado, approximately 390 feet from the north section line and 930 feet from the west section line. 8.2.3. DeSanti Headgate. The headgate for the DeSanti Parcel is located on the DeSanti Parcel, which is located in the SE1/4 of Section 11, Township 1 South, Range 66 West, 6th P.M., Adams County, Colorado. 8.2.4. Highlands Reservoir Beebe Seep Canal Diversion(s). The Highlands Reservoir Beebe Seep Canal diversion points are located in the Beebe Draw, as described above in Paragraph 3.3.3.3. Water will be exchanged to these points from Milton Reservoir. The Exchange-To Points are shown on the map attached to the Application as Exhibit 2. 8.3. Rates on the Appropriative Right of Exchange. 8.3.1. Exchange Matrix. The maximum exchange rates in cubic feet per second for the conditional appropriative rights of exchange are set forth in the Exchange Matrix attached as Exhibit 7. 8.4. Date of Appropriation. December 14, 2016. 8.4.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ACWWA Board of Directors on December 14, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 8.4.2. Date Water First Applied to Beneficial Use. Not applicable. 8.5. Uses. Water diverted by exchange under the 2016 ACWWA Beebe Canal Exchange will be used to satisfy ACWWA’s replacement obligations in the Beebe Draw and delivered to recharge facilities in the Beebe Draw pursuant to the terms and conditions of the ACWWA Beebe Draw Recharge Project approved in the 306 Decree, or any future recharge facilities in which ACWWA is legally permitted to recharge water. ACWWA may also lease and/or trade exchange space available to the 2016 ACWWA Beebe Canal Exchange and water exchanged under the 2016 ACWWA Beebe Canal Exchange to ECCV for use in ECCV’s augmentation plans, recharge projects, and

 

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exchanges, including those decree in Case Nos. 02CW403, 02CW404/03CW442, as amended by the decree entered in Case No. 10CW306, and Case No. 11CW285, as well as the recharge projects and exchanges sought in Case No. 16CW3196, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ECCV, by lease or trade with ACWWA, pursuant to any future applications, so long those future applications list the 2016 ACWWA Beebe Canal Exchange as a source of supply or replacement water. 8.6. Sources of Substitute Supply. 8.6.1. Existing Water Rights Portfolio. Exhibit 4 is a list of the sources of substitute supply claimed herein for the appropriative rights of exchange. 8.6.2. Future Acquired Sources. ACWWA intends to acquire and/or lease additional water supplies in the future for use as a source of supply for the exchanges described in this Application. To the extent that this future acquired water is available at the exchange-from points listed above, ACWWA seeks to allow such sources to serve as substitute supplies for the exchanges. 8.7. Substitute Water Supply Projections. ACWWA shall make projections of the yield of the 2016 ACWWA Exchanges pursuant to the procedures described in paragraph 45 of the 306 Decree. ACWWA shall incorporate the projected yield into the augmentation plans approved in the 306 Decree pursuant to the notice of use procedures described in paragraph 17.3 of that decree. 9. ACWWA’s Independent Claim to Appropriate Return Flows Associated with its Changed Shares in Fulton Irrigating Ditch Company (“ACWWA’s Fulton Shares”). 9.1. Name of Structure. Fulton Ditch, the decreed headgate location is near Section 9, between Sections 16 and 17, in Township 2 South, Range 67 West of the 6th P.M., Weld County, Colorado. 9.2. ACWWA’s Fulton Shares. Pursuant to the decree entered in Case No. 10CW313 (“313 Decree”), ACWWA changed its water rights associated with 182 shares in Fulton Irrigating Ditch Company. 9.3. Claim to Appropriate Return Flows. When the calling water right downstream of the Fulton Ditch headgate is junior to December 29, 2016 or there is no call from downstream of the Fulton Ditch headgate, ACWWA seeks the right to use, reuse, successively use, and use to extinction, for all purposes described in paragraph 9.7, below, the historical return flow portion of its irrigation season delivery of ACWWA’s Fulton Shares and the winter return flow portion of its previous irrigation season delivery of ACWWA’s Fulton Shares. 9.4. Appropriation Information. 9.4.1. Date of Appropriation. December 29, 2016. 9.4.2. How Appropriation was Initiated. The appropriation date is based upon the date the Application in this case was filed. 9.4.3. Date water First Applied to Beneficial Use. Not applicable. 9.5. Source. South Platte River. 9.6. Amount Claimed. Any and all amounts of return flows determined to be attributable to ACWWA’s Fulton Shares, conditional. 9.7. Claimed Uses. 9.7.1. Use in ACWWA’s Plans for Augmentation. ACWWA seeks to use the water attributable to the return flows associated with ACWWA’s Fulton Shares as a source of replacement water in the ACWWA/ECCV Augmentation Plan approved in the 306 Decree, for the pumping of water for delivery to ACWWA’s present and future service area from the ACWWA/ECCV Well Field. ACWWA also seeks to use the water attributable to its return flows associated with ACWWA’s Fulton Shares as a source of replacement water pursuant to the 70 Ranch Augmentation Plan approved in the 306 Decree. In addition, ACWWA seeks to use the water attributable to the return flows associated with ACWWA’s Fulton Shares as a source of replacement water in any future plans for augmentation. 9.7.2. Use in ACWWA’s Recharge Projects. ACWWA seeks to use the water attributable to the return flows associated with ACWWA’s Fulton Shares for recharge by delivering the water to the recharge facilities located in the Beebe Draw and on 70 Ranch pursuant to the terms and conditions of the 306 Decree, and in any other recharge facility in which ACWWA is legally permitted to recharge water. 9.7.3. Use in ACWWA’s Exchanges and/or Storage. ACWWA seeks to use the water attributable to the return flows associated with ACWWA’s Fulton Shares, either directly or following storage, as a source of substitute supply for the appropriative right of exchange pursuant to the 283 Decree, and any other future exchange operated or decreed by ACWWA. ACWWA seeks to store and exchange the water attributable to its return flows associated with ACWWA’s Fulton Shares in Milliken Reservoir pursuant to the 283 Decree. ACWWA also seeks to store the water attributable to the return flows associated with ACWWA’s Fulton Shares in 70 Ranch Reservoir and Serfer Pit, and any other storage facility in which ACWWA is legally permitted to store water. 9.7.4. All Municipal Uses. ACWWA seeks to use the water attributable to the return flows associated with ACWWA’s Fulton Shares for all municipal uses via augmentation and

 

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exchange. ACWWA’s municipal uses include, but are not limited to, domestic, mechanical, manufacturing, commercial, industrial, exchange, augmentation and replacement, recharge, substitute supply, including further exchange with other water systems and with other water users, and for all other beneficial uses within the present and future service area of ACWWA. 9.7.5. Right of Reuse, Successive Use, and Disposition. In addition to the uses described above, ACWWA claims the right to use, reuse, successively use and dispose of, by sale, exchange, augmentation, or otherwise, to extinction, all water exchanged, lawfully diverted and/or impounded pursuant to the decree entered in this case. 9.7.6. Use by ECCV. ACWWA may lease and/or trade water attributable to the ACWWA’s Fulton Shares Return Flows to ECCV for use in ECCV’s augmentation plans, recharge projects, and exchanges, including those decree in Case Nos. 02CW403, 02CW404/03CW442, as amended by the decree entered in Case No. 10CW306, and Case No. 11CW285, as well as the recharge projects and exchanges sought in Case No. 16CW3196, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ECCV, by lease or trade with ACWWA, pursuant to any future applications, so long those future applications list the ACWWA’s Fulton Shares Return Flows as a source of supply or replacement water. 10. ACWWA’s Claim to Appropriate Return Flows Associated with its Changed Shares in the Farmers Independent Ditch Company (“ACWWA’s FIDCO Shares”). 10.1. Name of Structure. Farmers Independent Ditch, the decreed headgate of which is located on the east bank of the South Platte River, in the SW1/4 of Section 19, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado. 10.2. ACWWA’s FIDCO Shares. In the decree entered in Case No. 12CW73 (“73 Decree”), ACWWA changed the place and type of use of 20 shares of the Farmers Independent Ditch Company from irrigation to all municipal uses, including augmentation, replacement, exchange, storage, and recharge. 10.3. Claim to Appropriate Return Flows. When the calling water right downstream of the Farmers Independent Ditch headgate is junior to December 29, 2016 or there is no call from downstream of the Farmers Independent Ditch headgate, ACWWA seeks the right to use, reuse, successively use, and use to extinction, for all of the purposes described in paragraph 9.7, above, the historical return flow portion of its irrigation season delivery of ACWWA’s FIDCO Shares and the winter return flow portion of its previous irrigation season delivery of ACWWA’s FIDCO Shares. 10.4. Appropriation Information. 10.4.1. Date of Appropriation. December 29, 2016. 10.4.2. How Appropriation was Initiated. The appropriation date is based upon the date the Application in this case was filed. 10.4.3. Date Water First Applied to Beneficial Use. Not applicable. 10.5. Source. South Platte River. 10.6. Amount Claimed. Any and all amounts of return flows determined to be attributable to ACWWA’s FIDCO Shares, conditional. 10.7. Claimed Uses. ACWWA’s claimed uses for the water attributable to the return flows associated with ACWWA’s FIDCO Shares are described above in paragraph 9.7. 11. ACWWA’s Claim to Appropriate Return Flows Associated with its Changed Shares in the Weldon Valley Ditch Company (“ACWWA’s Weldon Shares”). 11.1. Name of Structure. Weldon Valley Ditch, the decreed point of diversion of which is located on the North bank of the South Platte River, in the SW1/4 of the NW1/4 of the SE1/4 of Section 13, Township 4 North, Range 61 West of the 6th P.M., Weld County, Colorado. 11.2. ACWWA’s Weldon Shares. In Case No. 11CW151/05CW58 (“151 Case”), ACWWA changed the place and type of use of 62.625 shares of the Weldon Valley Ditch Company from irrigation to all municipal uses, including augmentation, replacement, exchange, storage, and recharge. 11.3. Claim to Appropriate Return Flows. When the calling water right downstream of the Weldon Valley Ditch headgate is junior to December 29, 2016 or there is no call from downstream of the Weldon Valley Ditch headgate, ACWWA seeks the right to use, reuse, successively use, and use to extinction, for all of the purposes described in paragraph 9.7, above, the historical return flow portion of its irrigation season delivery of ACWWA’s Weldon Shares and the winter return flow portion of its previous irrigation season delivery of ACWWA’s Weldon Shares. 11.4. Appropriation Information. 11.4.1. Date of Appropriation. December 29, 2016. 11.4.2. How Appropriation was Initiated. The appropriation date is based upon the date the Application in this case was filed. 11.4.3. Date Water First Applied to Beneficial Use. Not applicable. 11.5. Source. South Platte River. 11.6. Amount Claimed. Any and all amounts of return flows determined to be attributable to ACWWA’s Weldon Shares, conditional. 11.7. Claimed Uses. ACWWA’s claimed uses for the water

 

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attributable to its return flows associated with its Weldon Shares are described in above in paragraph 9.7. 12. Change in Use of ACWWA’s Previously Changed Water Rights. 12.1. Change in Use. Pursuant to Colo. Rev. Stat. Ann. § 37-92-305(3)(e), ACWWA seeks to change the previously-quantified water rights described below (collectively, the “Previously Changed Shares”) to allow such water to be used and stored as described below. 12.1.1. Fulton Irrigating Ditch Company Shares. In the 313 Decree, ACWWA originally changed 182 shares of Fulton Irrigating Ditch Company from irrigation use to municipal, augmentation, replacement, recharge, exchange, and substitution uses, either directly or following recharge and/or storage. 12.1.2. Farmers Independent Ditch Company Shares. In the 72 Decree, ACWWA originally changed 20 Farmers Independent Ditch shares from irrigation use to municipal, augmentation, replacement, recharge, exchange, and substitution uses either directly or following recharge and/or storage. 12.1.3. Weldon Valley Ditch Company Shares. In Consolidated Case Nos. 11CW151/05CW58, ACWWA changed 62.625 Weldon Valley Ditch shares from irrigation use to municipal, augmentation, replacement, recharge, exchange, and substitution uses either directly or following recharge and/or storage. 12.1.4. New Cache la Poudre Irrigating Company (“NCLPIC”) and Cache la Poudre Reservoir Company (“CLPRC”) Shares. In Case No. 13CW3026, ACWWA is seeking to change 96 shares in the NCLPIC and 20 shares in the CLPRC from irrigation use to municipal, augmentation, replacement, recharge, exchange, and substitution uses as more fully described in the application and proposed decree in that case. 12.2. Replacement of Return Flow Obligations. The decrees for the Previously Changed Shares require Applicants to meet historical return flow obligations in time, place, and amount as more fully described in the relevant decrees. ACWWA seeks the ability to meet these return flow obligations using any of the water rights described in Exhibit 4, so long as those rights have been decreed for use for augmentation, replacement, or substitution. Additionally, ACWWA seeks the ability to use any future acquired water rights to meet these return flow obligations to the extent that future acquired sources are decreed for augmentation, replacement, or substitution purposes. 12.3. Additional Uses. To the extent the Previously Changed Shares are not already decreed for such purposes, ACWWA seeks to add the following as permissible uses of the Previously Changed Shares. 12.3.1. Augmentation Plans. ACWWA may use its Previously Changed Shares in the augmentation plans decreed in Case No. 10CW306 and any future augmentation plans sought by ACWWA. 12.3.2. Recharge Facilities. ACWWA may use its Previously Changed Shares in the recharge facilities previously decreed in Case Nos. 10CW306, the recharge facilities sought in this application, and any other existing or future recharge facilities to which ACWWA may legally recharge water. 12.3.3. Exchanges. ACWWA may use its Previously Changed Shares in the exchanges previously decreed in Case No. 09CW283, the exchanges sought in this application, and any future exchanges operated or decreed by ACWWA. 12.3.4. Storage. ACWWA may store its Previously Changed Shares in the following surface storage structures for subsequent delivery into ACWWA’s or ECCV’s municipal system or for use as a source of augmentation, replacement, recharge, exchange or substitute supply: 12.3.4.1. 70 Ranch Reservoir, a lined off-channel reservoir that will be located in the S1/2 of Section 3, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado, and a portion of the NE1/4 of Section 10, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado. 12.3.4.2. Binder Reservoir, an off-channel reservoir located in the N1/2 of Section 15, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 12.3.4.3. Highlands Reservoir, an off-channel reservoir located in the NW1/4 of Section 32, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 12.3.4.4. Any existing or future storage facility to which ACWWA is legally permitted to store water. 12.3.5. Replacement of Return Flow Obligations. ACWWA may use its Previously Changed Shares to replace return flows obligations associated with the Previously Changed Shares and well as the return flow obligations of any other water rights changed by ACWWA in the future. 12.3.6. Use by ECCV. ACWWA may lease and/or trade water attributable to the Previously Changed Shares to ECCV for use in ECCV’s augmentation plans, recharge projects, and exchanges including those decree in Case Nos. 02CW403, 02CW404/03CW442, as amended by the decree entered in Case No. 10CW306, and Case No. 11CW285, as well as the recharge projects and exchanges sought in Case No. 16CW3196, and including use to replace return flow obligations associated with previously changed shares. This water

 

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may also be used by ECCV, by lease or trade with ACWWA, pursuant to any future applications, so long those future applications list the Previously Change Shares as a source of supply or replacement water. (45 pages, 7 exhibits).

16CW3196; East Cherry Creek Valley Water and Sanitation District, acting by and through the East Cherry Creek Valley Water and Sanitation District Water Activity Enterprise, Inc. (“ECCV”), c/o David Kaunisto, General Manager, 6201 South Gun Club Road, Aurora, Colorado 80016, Telephone: (303) 693-3800, United Water and Sanitation District, a quasi-municipal corporation and political subdivision of the State of Colorado, acting directly and by and through the United Water and Sanitation District ACWWA Enterprise (“United”), c/o Robert Lembke, 8301 E. Prentice Avenue, Suite 100, Greenwood Village, Colorado 80111, Telephone: (303) 775-1005, The above listed parties shall be collectively referred to as the “Applicants.” FIRST AMENDED APPLICATION FOR CONDITIONAL WATER RIGHTS, APPROPRIATIVE RIGHTS OF SUBSTITUTION AND EXCHANGE, APPROPRIATION OF HISTORICAL RETURN FLOWS, AND CHANGE OF WATER RIGHTS IN ADAMS, ARAPAHOE, DENVER, LARIMER, MORGAN AND WELD COUNTIES. Please send all pleadings and correspondence to: Brian M. Nazarenus, Esq., Sheela S. Stack, Esq., William D. Wombacher, Esq., RYLEY CARLOCK & APPLEWHITE, 1700 Lincoln Street, Suite 3500, Denver, Colorado 80203, (Attorneys for ECCV), Tod J. Smith, Esq., LAW OFFICE OF TOD J. SMITH, LLC, 2919 Valmont Road, Suite 205, Boulder, Colorado 80301, (Attorneys for United), 2. Background. ECCV has developed an integrated system for the diversion, accretion, collection, storage, transmission, and treatment of its water rights. This integrated system, which is also referred to as the “Water Supply Project” or the “Northern Project,” is designed to provide ECCV with a long-term, sustainable municipal water supply for its service area located in Arapahoe County. A map of ECCV’s service area is attached as Exhibit 1. According to ECCV’s Water Conservation Plan, at full build-out ECCV will require, on average, up to approximately 16,000 acre-feet per year of raw water supply, and up to approximately 24,000 acre-feet in years when delivering water to its aquifer storage and recovery program. The water appropriated according to this decree is necessary to help ECCV meet those projected needs. The conditional water rights claimed herein and operation of the exchanges are necessary to replace out-of-priority depletions resulting from ECCV’s pumping of the ACWWA/ECCV Well Field in the Beebe Draw (the “ACWWA/ECCV Well Field”) and/or historical return flow obligations owed to the South Platte River. A map showing the locations of the structures described in this Application is attached as Exhibit 2. United will construct structures described below as part of satisfying its contractual obligations to ECCV for the Water Supply Project. 3. Description of Conditional Water Storage Rights. 3.1. ECCV Binder Reservoir Storage Right. 3.1.1. Name of Structure. Binder Reservoir (a/k/a “Brighton Lateral Reservoir”). 3.1.2. Location. Binder Reservoir is an off-channel reservoir located in the N1/2 of Section 15, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 3.1.3. Diversion Structures. 3.1.3.1. Brighton Lateral. Brighton Lateral will divert water from the east bank of the South Platte River, in either the NW1/4 of the NW1/4 or the NE1/4 of the NW1/4, both of Section 18, Township 1 South, Range 66 West of the 6th P.M., Weld County, Colorado. 3.1.3.2. Binder Pipeline. Binder Pipeline will divert water from the east bank of the South Platte River in the NW1/4 of Section 18, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 3.1.3.3. Future Diversion Facilities. Any other existing facilities or facilities constructed in the future capable of delivering water to Binder Reservoir in which ECCV is legally permitted to divert water. 3.1.4. Source. South Platte River. 3.1.5. Amount Claimed. 750 acre-feet, conditional, with the right to one refill in the amount of 750 acre-feet per year, conditional. 3.1.6. Date of Appropriation. December 8, 2016. 3.1.7. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ECCV Board of Directors on December 8, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 3.1.8. Date Water First Applied to Beneficial Use. Not applicable. 3.1.9. Uses. By this Application, ECCV seeks a decree granting the right to use the ECCV Binder Reservoir Storage Right as follows: 3.1.9.1. Use in ECCV’s Plans for Augmentation. ECCV will use the ECCV Binder Reservoir Storage

 

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Right as a source of replacement water in the ACWWA/ECCV Augmentation Plans approved in the decrees entered in Case Nos. 02CW403 (“403 Decree”) and 02CW404/03CW442 (“404/442 Decree”) to replace depletions from the pumping of water from the ACWWA/ECCV Well Field for delivery to ECCV’s present and future service area in Arapahoe County. ECCV will also use the ECCV Binder Reservoir Storage Right directly or as a source of substitute supply for the 70 Ranch Augmentation Plan pursuant to the terms and conditions of the 403/442 Decree. 3.1.9.2. Use in ECCV’s Recharge Projects. ECCV seeks to use the ECCV Binder Reservoir Storage Right for recharge by delivering the water to the recharge facilities located in the Beebe Draw and on 70 Ranch pursuant to the terms and conditions of the 404/442 Decree, as amended by the decree entered in Case No. 10CW306 (“306 Decree”). In addition, ECCV seeks to use the ECCV Binder Reservoir Storage Right for recharge by delivering the water to the recharge sites described in this Application, and any future recharge facility to which ECCV is legally permitted to recharge water. 3.1.9.3. Use in ECCV’s Exchange. ECCV will use the ECCV Binder Reservoir Storage Right for substitution and exchange as provided in the 404/442 Decree and the decree entered in Case No. 11CW285 (“285 Decree”). ECCV also seeks to use the ECCV Binder Reservoir Storage Right as a source of substitute supply in the 2016 ECCV Exchanges claimed in this Application and in any future exchanges operated or decreed by ECCV. 3.1.9.4. Use to Meet Historical Return Flow Obligations. ECCV seeks to use the ECCV Binder Reservoir Storage Right to meet its historical return flow obligations for its existing, pending, and future acquired and changed water rights owed to the South Platte or Cache la Poudre Rivers. 3.1.9.5. Alternate Places of Storage. ECCV also seeks to store the ECCV Binder Reservoir Storage Right in the following surface storage facilities: 3.1.9.5.1. United Reservoir No. 3, an off-channel reservoir located on the east side of the South Platte River in the S1/2 of Section 26 and the N1/2 of Section 35, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado. 3.1.9.5.2. Barr Lake, an off-channel reservoir located in Sections 15, 21, 22, 23, 26, 27, 28, and 33, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. Barr Lake is an enlargement of the original Oasis Reservoir. 3.1.9.5.3. Milton Lake, an off-channel reservoir located in Sections 10, 11, 14, 15, 22, and 23, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. 3.1.9.5.4. Highlands Reservoir, an off-channel reservoir located in the NW1/4 of Section 32, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 3.1.9.5.5. Any existing or future storage facility in which ECCV is legally permitted to store water. 3.1.9.6. All Municipal Uses. ECCV will use the ECCV Binder Reservoir Storage Right via delivery by a pipeline or by exchange to ECCV’s surface water treatment plant for treatment and subsequent direct delivery for all municipal uses, including, but not limited to, domestic, mechanical, manufacturing, commercial, and industrial, within ECCV’s present and future service area located in Arapahoe County. 3.1.9.7. Right of Reuse, Successive Use, and Disposition. ECCV asks the Court to decree that it has the right to use, reuse, successively use and dispose of by sale, exchange, augmentation, or otherwise, to extinction, all water lawfully diverted and/or impounded pursuant to the decree entered in this case. 3.1.9.8. Use by ACWWA. ECCV may lease and/or trade water attributable to the ECCV Binder Reservoir Storage Right to ACWWA for use in ACWWA’s augmentation plans, recharge projects, and exchanges including those decree in Case Nos. 10CW306 and 09CW283, as well as the recharge projects and exchanges sought in Case No. 16CW3195, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ACWWA, by lease or trade with ECCV, pursuant to any future applications, so long those future applications list the ECCV Binder Reservoir Storage Right as a source of supply or replacement water. 3.1.10. Total Capacity. Binder Reservoir has a planned total capacity of 3,800 acre-feet (with 4 feet of freeboard). 3.1.11. Name and Addresses of the Owner of Binder Reservoir and the Diversion Facility Used to Fill Binder Reservoir. Platte River Water Development Authority (“PRWDA”), 8301 E. Prentice Avenue, Suite 100, Greenwood Village, Colorado, 80111. 3.2. ECCV Serfer Pit Storage Right. 3.2.1. Name of Structure. Serfer Pit. 3.2.2. Location. Serfer Pit is located along the Cache la Poudre River, approximately 2.8 stream miles below the New Cache headgate, in the NE1/4 of the NE1/4 of Section 24, Township 6 North, Range 68 West of the 6th P.M., Larimer County, Colorado. 3.2.3. Diversion Structure. A temporary pump currently delivers water into Serfer Pit. A permanent pump and pipe to and from the Cache La Poudre River will be

 

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placed in the southwest corner of Serfer Pit, in the NE1/4 of the NE1/4 of Section 24, Township 6 North, Range 68 West of the 6th P.M., Weld County, Colorado, and any other existing facilities or facilities constructed in the future capable of delivering water to Serfer Pit in which ECCV is legally permitted to deliver water. 3.2.4.Source. Cache la Poudre River. 3.2.5. Amount Claimed. 100 acre-feet fill, conditional, with the right to one refill in the amount of 100 acre-feet per year, conditional. 3.2.6. Date of Appropriation. December 8, 2016. 3.2.6.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ECCV Board of Directors on December 8, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 3.2.6.2. Date Water First Applied to Beneficial Use. Not applicable. 3.2.7. Uses. By this Application, ECCV seeks a decree granting the right to use the ECCV Serfer Pit Storage Right as follows: 3.2.7.1. Use in ECCV’s Plans for Augmentation. ECCV will use the ECCV Serfer Pit Storage Right as a source of replacement water in the ACWWA/ECCV Augmentation Plans approved in the 403 and 404/442 Decrees to replace depletions from the pumping of water from the ACWWA/ECCV Well Field for delivery to ECCV’s present and future service area. ECCV will also use the ECCV Serfer Pit Storage Right directly or as a source of substitute supply for the 70 Ranch Augmentation Plan pursuant to the terms and conditions of the 404/442 Decree. 3.2.7.2. Use in ECCV’s Recharge Projects. ECCV seeks to use the ECCV Serfer Pit Storage Right for recharge by delivering the water to the recharge facilities located in the Beebe Draw and on 70 Ranch pursuant to the terms and conditions of the 404/442 Decree, as amended by the 306 Decree. In addition, ECCV seeks to use the ECCV Serfer Pit Storage Right for recharge by delivering the water to the recharge sites described in this Application, and any future recharge facility to which ECCV is legally permitted to recharge water. 3.2.7.3. Use in ECCV’s Exchange. ECCV will use the ECCV Serfer Pit Storage Right for substitution and exchange as provided in the 404/442 and 285 Decrees. ECCV also seeks to use the ECCV Serfer Pit Storage Right as a source of substitute supply in the 2016 ECCV Exchanges claimed in this Application and in any future exchanges operated or decreed by ECCV. 3.2.7.4. Use to Meet Historical Return Flow Obligations. ECCV seeks to use the ECCV Serfer Pit Storage Right to meet its historical return flow obligations for its existing, pending, and future acquired and changed water rights owed to the South Platte River or Cache la Poudre River. 3.2.7.5. Alternate Places of Storage. ECCV seeks to store the water in the following surface storage facilities: 3.2.7.5.1. 70 Ranch Reservoir, a lined off-channel reservoir that will be located in the S1/2 of Section 3, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado, and a portion of the NE1/4 of Section 10, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado. 3.2.7.5.2. Milliken Reservoir (a/k/a Gilcrest Reservoir), a lined off-channel reservoir located within a part of Section 2, Township 3 North, Range 67 West and Sections 23, 26, 34, and 35, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. 3.2.7.5.3. United Reservoir No. 3, an off-channel reservoir located on the east side of the South Platte River, in the S1/2 of Section 26 and the N1/2 of Section 35, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado. 3.2.7.5.4. Barr Lake, an off-channel reservoir located in Sections 15, 21, 22, 23, 26, 27, 28, and 33, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. Barr Lake is an enlargement of the original Oasis Reservoir. 3.2.7.5.5. Milton Lake, an off-channel reservoir located in Sections 10, 11, 14, 15, 22, and 23, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. 3.2.7.5.6. Binder Reservoir, an off-channel reservoir located in the N1/2 of Section 15, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 3.2.7.5.7. Highlands Reservoir, an off-channel reservoir located in the NW1/4 of Section 32, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 3.2.7.5.8. Any existing or future storage facility to which ECCV is legally permitted to store water. 3.2.7.6. All Municipal Uses. ECCV will use the ECCV Serfer Pit Storage Right via delivery by a pipeline or by exchange to ECCV’s surface water treatment plant for treatment and subsequent direct delivery for all municipal uses, including, but not limited to, domestic, mechanical, manufacturing, commercial, and industrial, within ECCV’s present and future service area. 3.2.7.7. Right of Reuse, Successive Use, and Disposition. ECCV asks the Court to decree that it has the right to use, reuse, successively use and dispose of by sale, exchange, augmentation, or otherwise, to extinction, all water lawfully diverted and/or impounded pursuant to the decree entered in this case.

 

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3.2.7.8. Use by ACWWA. ECCV may lease and/or trade water attributable to the ECCV Serfer Pit Storage Right to ACWWA for use in ACWWA’s augmentation plans, recharge projects, and exchanges including those decree in Case Nos. 10CW306 and 09CW283, as well as the recharge projects and exchanges sought in Case No. 16CW3195, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ACWWA, by lease or trade with ECCV, pursuant to any future applications, so long those future applications list the ECCV Serfer Pit Storage Right as a source of supply or replacement water. 3.2.8. Name and Addresses of the Owner of the Storage Structure and the Diversion Facility Listed Above. United, 8301 W. Prentice Avenue, Suite 100, Greenwood Village, Colorado, 80111. 3.3. ECCV Highlands Reservoir Storage Right. 3.3.1. Name of Structure. Highlands Reservoir. 3.3.2. Location. Highlands Reservoir is an off-channel reservoir located in the NW1/4 of Section 32, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. Water will be diverted from the South Platte River at the diversion facilities described below in paragraph 3.3.3. After water is diverted from the South Platte River it will be delivered to the Highlands Reservoir through the delivery canals in the Farmers Reservoir and Irrigation Company’s (“FRICO”) Barr Lake system. 3.3.3. Names of the Diversion Facilities Used to Fill Highlands Reservoir. 3.3.3.1. United Diversion Facility No. 3. The headgate is on the east bank of the South Platte River in the SW1/4 of Section 26, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado. United Diversion Facility No. 3 delivers water to the United No. 3 Reservoir, from which water is delivered through the Beebe Pipeline to the Burlington Canal, immediately above Barr Lake. From Barr Lake the water will be delivered through FRICO delivery canals in the Beebe Draw to Highlands Reservoir. 3.3.3.2. Burlington Canal (a/k/a the “Burlington/O’Brien Canal”). The Burlington Canal headgate is located on the east bank of the South Platte River, in the NE1/4 of the SW1/4 of Section 14, Township 3 South, Range 68 West of the 6th P.M., City and County of Denver, Colorado. 3.3.3.3. Beebe Seep Canal. Point(s) of diversion from the Beebe Seep Canal for delivery of water to storage in Highlands Reservoir may be located at one or more of the following locations, all of which will divert surface water only: 3.3.3.3.1. In the SE1/4 of Section 30, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 3.3.3.3.2. In the SE1/4 of the NE1/4 of Section 30, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 3.3.3.3.3. In the W1/2 of the NW1/4 of Section 29, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 3.3.3.3.4. In the NE1/4 of the NW1/4 of Section 6, Township 1 South, Range 65 West of the 6th P.M., Adams County, Colorado. 3.3.3.4. Other Diversion Facilities. Any other existing facilities or facilities constructed in the future capable of delivering water to Highlands Reservoir in which ECCV is legally permitted to divert water. 3.3.4. Source of the Water. South Platte River. 3.3.5. Amount Claimed. 750 acre-feet, conditional, with the right to one refill in the amount of 750 acre-feet per year, conditional. 3.3.6. Date of Appropriation. December 8, 2016. 3.3.6.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ECCV Board of Directors on December 8, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 3.3.6.2. Date Water First Applied to Beneficial Use. Not applicable. 3.3.7. Uses. By this Application, ECCV seeks a decree granting the right to use the ECCV Highlands Reservoir Storage Right as follows: 3.3.7.1. Use in ECCV’s Plans for Augmentation. ECCV will use the ECCV Highlands Reservoir Storage Right as a source of replacement water in the ACWWA/ECCV Augmentation Plans approved in the 403 and 404/442 Decrees to replace depletions from the pumping of water from the ACWWA/ECCV Well Field for delivery to ECCV’s present and future service area in Arapahoe County. 3.3.7.2. Use in ECCV’s Recharge Project. ECCV seeks to use the ECCV Highlands Reservoir Storage Right for recharge by delivering the water to the recharge facilities located in the Beebe Draw pursuant to the terms and conditions of the 404/442 Decree, as amended by the 306 Decree. In addition, ECCV seeks to use the ECCV Highlands Reservoir Storage Right for recharge by delivering the water to the recharge sites described in this Application, and any future recharge facility to which ECCV is legally permitted to recharge water. 3.3.7.3. Use in ECCV’s Exchanges. ECCV seeks to use the water as a source of substitute supply in the 2016 ECCV Exchanges claimed in this Application and in any future exchanges operated or decreed by ECCV. 3.3.7.4. Use to Meet Historical Return Flow Obligations. ECCV seeks to

 

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use the ECCV Highlands Reservoir Storage Right to meet its historical return flow obligations for its existing, pending, and future acquired and changed water rights owed to the South Platte or Cache la Poudre Rivers. 3.3.7.5. Alternate Places of Storage. ECCV seeks to store the ECCV Highlands Reservoir Storage Right in the following surface storage facilities: 3.3.7.5.1. Barr Lake, an off-channel reservoir located in Sections 15, 21, 22, 23, 26, 27, 28, and 33, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. Barr Lake is an enlargement of the original Oasis Reservoir. 3.3.7.5.2. Milton Lake, an off-channel reservoir located in Sections 10, 11, 14, 15, 22, and 23, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. 3.3.7.5.3. Any existing or future storage facility to which ECCV is legally permitted to store water. 3.3.7.6. All Municipal Uses. ECCV will use the ECCV Highlands Reservoir Storage Right via delivery by a pipeline or by exchange to ECCV’s surface water treatment plant for treatment and subsequent direct delivery for all municipal uses, including, but not limited to, domestic, mechanical, manufacturing, commercial, and industrial, within ECCV’s present and future service area located in Arapahoe County. 3.3.7.7. Right of Reuse, Successive Use, and Disposition. ECCV asks the Court to decree that it has the right to use, reuse, successively use and dispose of by sale, exchange, augmentation, or otherwise, to extinction, all water lawfully diverted and/or impounded pursuant to the decree entered in this case. 3.3.7.8. Use by ACWWA. ECCV may lease and/or trade water attributable to the ECCV Highlands Reservoir Storage Right to ACWWA for use in ACWWA’s augmentation plans, recharge projects, and exchanges including those decree in Case Nos. 10CW306 and 09CW283, as well as the recharge projects and exchanges sought in Case No. 16CW3195, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ACWWA, by lease or trade with ECCV, pursuant to any future applications, so long those future applications list the ECCV Highlands Reservoir Storage Right as a source of supply or replacement water. 3.3.8. Name and Addresses of the Owner of the Storage Structure and the Diversion Facility Listed Above. 3.3.8.1. Highlands Reservoir will be owned by the United Water and Sanitation District, 8301 East Prentice Avenue, Suite 100, Greenwood Village, Colorado 80111. 3.3.8.2. The land on which Highlands Reservoir will be located is currently owned by Highland Equities, L.L.C., 8301 East Prentice Avenue, Suite 100, Greenwood Village, Colorado, 80111. 3.3.8.3. United Water and Sanitation District, 8301 East Prentice Avenue, Suite 100, Greenwood Village, Colorado, 80111 holds a perpetual easement, granted by Henderson Aggregate, LTD, for United Diversion Facility No. 3. The diversion structure is owned by United. 3.3.8.4. The Burlington Canal (a/k/a “Burlington/O’Brien Canal”) and the Beebe Seep Canal are owned by FRICO, 80 South 27th Avenue, Brighton, Colorado, 80601. 3.3.8.5. Barr Lake and the canals which will be used to deliver water to Highlands Reservoir are owned by FRICO. 3.3.8.6. The land on which the proposed diversion point from the Beebe Seep Canal, described in paragraph 3.3.3.3.1, above, may be located is owned by one or more of Edmundson Land, LLC, P.O. Box 932, Brighton, Colorado, 80601 and Public Service Company of Colorado, P.O. Box 1979, Denver, Colorado, 80201. 3.3.8.7. The land on which the proposed diversion point from the Beebe Seep Canal, described in paragraph 3.3.3.3.2, above, may be located is owned by one or more of Vicki and David Pelletier, 3851 E. Geddes Avenue, Centennial, Colorado 80122 and Weld County, Colorado, 1150 O Street, Greeley, Colorado 80631. 3.3.8.8. The land on which the proposed diversion point from the Beebe Seep Canal, described in paragraph 3.3.3.3.3, above, may be located is owned by one or more of Len Pettinger, 18437 County Road 8, Brighton, Colorado 80603, and Town of Lochbuie, Colorado, 703 County Road 37, Brighton, Colorado, 80603. 3.3.8.9. The land on which the proposed diversion point from the Beebe Seep Canal, described in paragraph 3.3.3.3.4, above, may be located is owned by Mile High Duck Club, c/o Brown and Locke P.C., 1720 S. Bellaire St., Ste. 405, Denver, Colorado 80222. 4. Description of Conditional Direct Flow Water Rights. 4.1. ECCV Binder Pipeline Water Right. 4.1.1. Name of Structure. Binder Pipeline. 4.1.2. Location. Binder Pipeline will be located upstream of the confluence of the South Platte River and Big Dry Creek. The proposed diversion structure will divert water from the east bank of the South Platte River, in the NW1/4 of Section 18, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 4.1.3. Source. South Platte River. 4.1.4.Amount Claimed. 30 cfs, conditional. 4.1.5. Date of Appropriation. December 8, 2016. 4.1.5.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the

 

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ECCV Board of Directors on December 8, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 4.1.5.2. Date Water First Applied to Beneficial Use. Not applicable. 4.1.6. Uses. By this Application, ECCV seeks a decree granting the right to use the Binder Pipeline Water Right as follows: 4.1.6.1. Use in ECCV’s Plans for Augmentation. ECCV will use the ECCV Binder Pipeline Water Right as a source of replacement water in the ACWWA/ECCV Augmentation Plans approved in the 403 and 404/442 Decrees to replace depletions from the pumping of water from the ACWWA/ECCV Well Field for delivery to ECCV’s present and future service area in Arapahoe County. 4.1.6.2. Use in ECCV’s Recharge Projects. ECCV seeks to use the ECCV Binder Pipeline Water Right for recharge by delivering the water to the recharge facilities located in the Beebe Draw pursuant to the terms and conditions of the 404/442 Decree, as amended by the 306 Decree. In addition, ECCV seeks to use the ECCV Binder Pipeline Water Right for recharge by delivering the water to the recharge sites described in this Application, and any future recharge facility to which ECCV is legally permitted to recharge water. 4.1.6.3. Use in ECCV’s Exchanges. ECCV seeks to use the Binder Pipeline Water Right as a source of substitute supply in the 2016 ECCV Exchanges claimed in this Application and in any future exchanges operated or decreed by ECCV. 4.1.6.4. Storage. ECCV seeks to use the Binder Pipeline Water Right for storage, directly or by exchange, in the following facilities: 4.1.6.4.1. Barr Lake, an off-channel reservoir located in Sections 15, 21, 22, 23, 26, 27, 28, and 33, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. Barr Lake is an enlargement of the original Oasis Reservoir. 4.1.6.4.2. Milton Lake, an off-channel reservoir located in Sections 10, 11, 14, 15, 22, and 23, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. 4.1.6.4.3. Binder Reservoir, as described in paragraph 3.1, above. 4.1.6.4.4. Highlands Reservoir, as described in paragraph 3.3, above. 4.1.6.4.5. Any other storage facility to which ECCV is legally permitted to store water. 4.1.6.5. Use to Meet Historical Return Flow Obligations. ECCV seeks to use the ECCV Binder Pipeline Water Right to meet its historical return flow obligations for its existing, pending, and future acquired and changed water rights owed to the South Platte or Cache la Poudre Rivers. 4.1.6.6. All Municipal Uses. ECCV will use the ECCV Binder Pipeline Water Right via delivery by a pipeline or by exchange to ECCV’s surface water treatment plant for treatment and subsequent direct delivery for all municipal uses, including, but not limited to, domestic, mechanical, manufacturing, commercial, and industrial, within ECCV’s present and future service area located in Arapahoe County. 4.1.6.7. Right of Reuse, Successive Use, and Disposition. ECCV asks the Court to decree that it has the right to use, reuse, successively use and dispose of by sale, exchange, augmentation, or otherwise, to extinction, all water lawfully diverted and/or impounded pursuant to the decree entered in this case. 4.1.7.8. Use by ACWWA. ECCV may lease and/or trade water attributable to the ECCV Binder Pipeline Water Right to ACWWA for use in ACWWA’s augmentation plans, recharge projects, and exchanges including those decree in Case Nos. 10CW306 and 09CW283, as well as the recharge projects and exchanges sought in Case No. 16CW3195, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ACWWA, by lease or trade with ECCV, pursuant to any future applications, so long those future applications list the ECCV Binder Pipeline Water Right as a source of supply or replacement water. 4.1.7. Name and Addresses of the Owner of the Diversion Structure Listed Above. PRWDA, 8301 East Prentice Avenue, Suite 100, Greenwood Village, Colorado, 80111, will be the owner of the Binder Pipeline and owns easements along the path where the pipeline will be located. 4.2. ECCV Brighton Lateral Water Right. 4.2.1. Name of Structure. Brighton Lateral. 4.2.2. Location. The point of diversion for Brighton Lateral will be located in the NE1/4 of the NE1/4 of Section 32, Township 1 South, Range 66 West of the 6th P.M., Weld County, Colorado. Water may also be delivered to Brighton Lateral from the Burlington Canal. 4.2.3. Source. South Platte River. 4.2.4. Amount Claimed. 10 cfs, conditional. 4.2.5. Date of Appropriation. December 8, 2016. 4.2.5.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ECCV Board of Directors on December 8, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 4.2.5.2. Date Water First Applied to Beneficial Use. Not applicable. 4.2.6. Uses. By this Application, ECCV seeks a decree granting the right to use the ECCV Brighton Lateral Water Right as follows: 4.2.6.1. Use in ECCV’s

 

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Plans for Augmentation. ECCV will use the ECCV Brighton Lateral Water Right as a source of replacement water in the ACWWA/ECCV Augmentation Plans approved in the 403 and 404/442 Decrees to replace depletions from the pumping of water from the ACWWA/ECCV Well Field for delivery to ECCV’s present and future service area in Arapahoe County. 4.2.6.2. Use in ECCV’s Recharge Projects. ECCV seeks to use the ECCV Brighton Lateral Water Right for recharge by delivering the water to the recharge facilities located in the Beebe Draw pursuant to the terms and conditions of the 404/442 Decree, as amended by the 306 Decree. In addition, ECCV seeks to use the ECCV Brighton Lateral Water Right for recharge by delivering the water to the recharge sites described in this Application, and any future recharge facility to which ECCV is legally permitted to recharge water. 4.2.6.3. Use in ECCV’s Exchange. ECCV seeks to use the ECCV Brighton Lateral Water Right as a source of substitute supply in the 2016 ECCV Exchanges claimed in this Application and in any future exchanges operated or decreed by ECCV. 4.2.6.4. Storage. ECCV seeks to use the Brighton Lateral Water Right for storage in the following facilities: 4.2.6.4.1. Barr Lake, an off-channel reservoir located in Sections 15, 21, 22, 23, 26, 27, 28, and 33, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. Barr Lake is an enlargement of the original Oasis Reservoir. 4.2.6.4.2. Milton Lake, an off-channel reservoir located in Sections 10, 11, 14, 15, 22, and 23, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. 4.2.6.4.3. Binder Reservoir, as described in paragraph 3.1, above. 4.2.6.4.4. Highlands Reservoir, as described in paragraph 3.3, above. 4.2.6.4.5. Any other storage facility to which ECCV is legally permitted to store water. 4.2.6.5. Use to Meet Historical Return Flow Obligations. ECCV seeks to use the ECCV Brighton Lateral Water Right to meet its historical return flow obligations for its existing, pending, and future acquired and changed water rights owed to the South Platte River or Cache la Poudre River. 4.2.6.6. All Municipal Uses. ECCV will use the water via delivery by a pipeline or by exchange to ECCV’s surface water treatment plant for treatment and subsequent direct delivery for all municipal uses, including, but not limited to, domestic, mechanical, manufacturing, commercial, and industrial, within ECCV’s present and future service area located in Arapahoe County. 4.2.6.7. Right of Reuse, Successive Use, and Disposition. ECCV asks the Court to decree that it has the right to use, reuse, successively use and dispose of by sale, exchange, augmentation, or otherwise, to extinction all water lawfully diverted and/or impounded pursuant to the decree entered in this case. 4.2.6.8. Use by ACWWA. ECCV may lease and/or trade water attributable to the ECCV Binder Lateral Water Right to ACWWA for use in ACWWA’s augmentation plans, recharge projects, and exchanges including those decree in Case Nos. 10CW306 and 09CW283, as well as the recharge projects and exchanges sought in Case No. 16CW3195, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ACWWA, by lease or trade with ECCV, pursuant to any future applications, so long those future applications list the ECCV Binder Lateral Water Right as a source of supply or replacement water. 4.2.7. Name and Addresses of the Owner of the Diversion Structure Listed Above. New Brighton Lateral, LLC, 1801 E. Prentice Avenue, Suite 100, Greenwood Village, Colorado, 80111. 5. Claims for Conditional Recharge Water Rights or Plans for Augmentation. 5.1.ECCV Drouhard Recharge Right. 5.1.1. Name of Structure. Drouhard Recharge Site. 5.1.2. Recharge Location. The Drouhard Recharge Site is an off-channel recharge site located in the SE1/2 of the SE1/4 of Section 30, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado. 5.1.3. Points of Diversion. Water will be diverted from the South Platte River to the Drouhard Recharge Site from the following locations: 5.1.3.1. Farmers Independent Ditch. The Farmers Independent Ditch headgate is located in the SW1/4 of the SW1/4 of Section 19, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado. 5.1.3.2. Western Mutual Ditch. The Western Mutual Ditch headgate is located in the SE1/4 of the SW1/4 of Section 11, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado. 5.1.3.3. Drouhard Pipeline. The Drouhard Pipeline is a bi-directional pipeline that will be located parallel to County Road 40.5 from the Drouhard Pond to Milliken Reservoir. The proposed diversion structure will divert water from Milliken Reservoir, in the NE1/4 of the SE1/4 of Section 26, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. 5.1.3.4. Milliken Reservoir. Water will be delivered from Milliken Reservoir through the bi-directional Drouhard Pipeline. 5.1.3.5. Future Diversion Facilities. Any other existing facilities or

 

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facilities constructed in the future capable of delivering water to the Drouhard Recharge Site in which ECCV is legally permitted to divert water. 5.1.4. Amount Claimed. 20 cfs, conditional. 5.1.5. Date of Appropriation. December 8, 2016. 5.1.5.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ECCV Board of Directors on December 8, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 5.1.5.2. Date Water First Applied to Beneficial Use. Not applicable. 5.1.6. Sources of Water for the Plan for Augmentation. 5.1.6.1. Drouhard Recharge Site. ECCV will use the water rights described in Exhibit 4 for recharge at the Drouhard Recharge Site. 5.1.6.2. Future Acquired Sources. ECCV intends to acquire and/or lease additional water supplies in the future for use as a source of supply for the plan for augmentation described in this Application. ECCV will add future acquired sources to the plan for augmentation claimed in this Application pursuant to section 37-92-305(8)(c) of the Colorado Revised Statutes, or successor statute. 5.1.7.Recharge Accretions. Water recharged into the alluvial aquifer will naturally flow down-gradient for accretion to the South Platte River. The quantity, timing, and location of accretions will be calculated and accounted for by ECCV. 5.1.8. Uses for the Recharge Accretions. Water accreted back to the South Platte River will be used for the purposes decreed for each source of water listed in Exhibit 4, which may include, but are not limited to, augmentation, storage and refill, recharge, replacement, and exchange, as well as for the purposes described in paragraph 3.1.9, above. ECCV may also lease and/or trade recharge accretions attributable to the ECCV Drouhard Recharge Right to ACWWA for use in ACWWA’s augmentation plans, recharge projects, and exchanges including those decree in Case Nos. 10CW306 and 09CW283, as well as the recharge projects and exchanges sought in Case No. 16CW3195, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ACWWA, by lease or trade with ECCV, pursuant to any future applications, so long those future applications list the ECCV Drouhard Recharge Right as a source of supply or replacement water. 5.2. ECCV Brighton Lateral Recharge Right. 5.2.1. Name of Structure. Brighton Lateral. 5.2.2. Recharge Location. The point of diversion for Brighton Lateral will be located in the NE1/4 of the NE1/4 of Section 32, Township 1 South, Range 66 West of the 6th P.M., Weld County, Colorado. Water may also be delivered to the Brighton Lateral from the Burlington Canal. Recharge will occur within the Brighton Lateral. 5.2.3. Amount Claimed. 10 cfs, conditional. 5.2.4. Date of Appropriation. December 8, 2016. 5.2.4.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ECCV Board of Directors on December 8, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 5.2.4.2. Date Water First Applied to Beneficial Use. Not applicable. 5.2.5. Sources of Water for the Plan for Augmentation. 5.2.5.1. Brighton Lateral. ECCV will use the water rights described in Exhibit 4 for recharge in the Brighton Lateral. 5.2.5.2. Future Acquired Sources. ECCV intends to acquire and/or lease additional water supplies in the future for use as a source of supply for the plan for augmentation described in this Application. ECCV will add future acquired sources to the plan for augmentation claimed in this Application pursuant to section 37-92-305(8)(c) of the Colorado Revised Statutes, or successor statute. 5.2.6. Recharge Accretions. Water recharged into the alluvial aquifer will naturally flow down-gradient for accretion to the South Platte River. The quantity, timing, and location of accretions will be calculated and accounted for by ECCV. 5.2.7. Uses for the Recharge Accretions. Water accreted back to the South Platte River will be used for the purposes decreed for each source of water listed in Exhibit 4, which may include, but is not limited to, augmentation, storage and refill, recharge, replacement, and exchange, as well as for the purposes described in paragraph 3.1.9, above. ECCV may also lease and/or trade recharge accretions attributable to the ECCV Brighton Lateral Recharge Right to ACWWA for use in ACWWA’s augmentation plans, recharge projects, and exchanges including those decree in Case Nos. 10CW306 and 09CW283, as well as the recharge projects and exchanges sought in Case No. 16CW3195, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ACWWA, by lease or trade with ECCV, pursuant to any future applications, so long those future applications list the ECCV Brighton Lateral Recharge Right as a source of supply or replacement water. 5.3. ECCV Brighton Lateral Recharge Site Right. 5.3.1. Name of Structure. Brighton Lateral Recharge Site. 5.3.2. Recharge

 

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Location. The Brighton Lateral Recharge Site is an off-channel recharge site located in the S1/2 of Section 15, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 5.3.3. Point of Diversion. 5.3.3.1. Brighton Lateral. The point of diversion for the Brighton Lateral will be located in the NE1/4 of the NE1/4 of Section 32, Township 1 South, Range 66 West of the 6th P.M., Weld County, Colorado. Water may also be delivered to the Brighton Lateral from the Burlington Canal. 5.3.3.2. Burlington Canal. 5.3.4. Amount Claimed. 20 cfs, conditional. 5.3.5. Date of Appropriation. December 8, 2016. 5.3.5.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ECCV Board of Directors on December 8, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 5.3.5.2. Date Water First Applied to Beneficial Use. Not applicable. 5.3.6. Sources of Water for the Plan for Augmentation. 5.3.6.1. Brighton Lateral Recharge Site. ECCV will use the water rights described in Exhibit 4 for recharge at the Brighton Lateral Recharge Site. 5.3.6.2. Future Acquired Sources. ECCV intends to acquire and/or lease additional water supplies in the future for use as a source of supply for the plan for augmentation described in this Application. ECCV will add future acquired sources to the plan for augmentation claimed in this Application pursuant to section 37-92-305(8)(c) of the Colorado Revised Statutes, or successor statute. 5.3.7. Recharge Accretions. Water recharged into the alluvial aquifer will naturally flow down-gradient for accretion to the South Platte River. The quantity, timing, and location of accretions will be calculated and accounted for by ECCV. 5.3.8. Uses for the Recharge Accretions. Water accreted back to the South Platte River will be used for the purposes decreed for each source of water listed in Exhibit 4, which may include, but is not limited to, augmentation, storage and refill, recharge, replacement, and exchange, as well as for the purposes described in paragraph 3.1.9, above. ECCV may also lease and/or trade recharge accretions attributable to the ECCV Brighton Lateral Recharge Site Right to ACWWA for use in ACWWA’s augmentation plans, recharge projects, and exchanges including those decree in Case Nos. 10CW306 and 09CW283, as well as the recharge projects and exchanges sought in Case No. 16CW3195, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ACWWA, by lease or trade with ECCV, pursuant to any future applications, so long those future applications list the ECCV Brighton Lateral Recharge Site Right as a source of supply or replacement water. APPROPRIATIVE RIGHTS OF EXCHANGE. The 2017 ECCV South Platte River and St. Vrain Creek Exchange, the 2016 ECCV Cache la Poudre Exchange, and the 2016 ECCV Beebe Canal Exchange, further described below, are collectively referred to in this Application as the “2016 ECCV Exchanges.” 6. Claim for Appropriative Rights of Substitution and Exchange- 2016 ECCV South Platte River and St. Vrain Creek Exchange. 6.1. Exchange-From Points. 6.1.1. SPR Reach 5. 6.1.1.1. Downstream End Point of South Platte River Reach 5 - Confluence of Beaver Creek and the South Platte River. Located in the NW1/4 of the SW1/4 of Section 4, Township 4 North, Range 55 West, of the 6th P.M., Morgan County, Colorado. ECCV does not seek to exchange water up Beaver Creek. For purposes of the appropriative rights of exchange decreed herein, the confluence of Beaver Creek and the South Platte River is also the downstream end point of SPR Reach 5. SPR Reach 5 was decreed at paragraph 17.1.8 of the 404/442 Decree as an administrative reach of the South Platte River for the augmentation plans approved in the 403 Decree and the 404/442 Decree as amended by the 306 Decree. SPR Reach 5 is located below the Bijou Canal headgate to the confluence of Beaver Creek and the South Platte River. The Bijou Canal headgate is located on the south bank of the South Platte River, in the NE1/4 of the NE1/4 of Section 13, Township 4 North, Range 63 West, of the 6th P.M., Morgan County, Colorado, at a point approximately 95 feet west of the east section line and 604 feet south of the north section line of said Section 13. 6.1.1.2. Fort Morgan Canal above the Lower Platte & Beaver. The location where return flow accretions and future recharge accretions from the Hofmeister farm will accrue to the South Platte River above the Lower Platte & Beaver headgate, located in the SW1/4 of the SW1/4 of Section 25, Township 4 North, Range 57 West of the 6th P.M., Morgan County, Colorado. 6.1.1.3. Fort Morgan Canal below the Lower Platte & Beaver. The location where return flow accretions and future recharge accretions from Glassey farm will accrue to the South Platte River below the Lower Platte & Beaver headgate, located in the NE1/4 of the SE1/4 of Section 21, Township 4 North, Range 56 West of the 6th P.M., Morgan County,

 

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Colorado. 6.1.1.4. Weldon Valley Ditch Central/ACWWA Augmentation Station. An augmentation station located where the Weldon Valley Ditch crosses the west line of the NE1/4 of Section 3, Township 4 North, Range 60 West of the 6th P.M., Morgan County, Colorado. This augmentation station returns water south via a pipeline to a channel that discharges to the South Platte River in the NE1/4 NE1/4 of said Section 3. 6.1.1.5. Weldon Valley Ditch Augmentation Station. An augmentation station located at the end of Weldon Valley Ditch in the SE1/4 of Section 7, Township 4 North, Range 58 West of the 6th P.M., Morgan County, Colorado. This augmentation station delivers water to the South Platte River below the Fort Morgan Canal headgate. 6.1.1.6. ECCV 70 Ranch Recharge Project Quantification Point. The ECCV 70 Ranch Recharge Project was decreed at paragraphs 34-38 of the 404/442 Decree. The Quantification Point for recharge accretions from the ECCV 70 Ranch Recharge Project is the farthest downstream point at which recharge accretions from the ECCV 70 Ranch Recharge Project accrue to the South Platte River at the west section line of Section 23, Township 4 North, Range 62 West of the 6th P.M., Weld County, Colorado, as the section line intersects with the South Platte River. 6.1.2. SPR Reach 4. 6.1.2.1. Downstream End Point of South Platte River Reach 4 – Bijou Canal Headgate. SPR Reach 4 was decreed at paragraph 17.1.7 of the 404/442 Decree as an administrative reach of the South Platte River for the augmentation plans approved in the 403 Decree and the 404/442 Decree as amended by the 306 Decree. SPR Reach 4 is located from the Empire Inlet Canal headgate, located in the SW1/4 of the SW1/4 of Section 19, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado, to the Bijou Canal headgate, located on the south bank of the South Platte River in the NE1/4 of the NE1/4 of Section 13, Township 4 North, Range 63 West, of the 6th P.M., Morgan County, Colorado, at a point approximately 95 feet west of the east section line and 604 feet south of the north section line of said Section 13. 6.1.2.2. 70 Ranch Reservoir. Located in the SE1/4 of Section 34, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado. The preliminarily designed outlet structure for 70 Ranch Reservoir will allow releases from 70 Ranch Reservoir by gravity flow back to the South Platte River at a point in the SE1/4 of Section 34, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado. Water may also be released to the Hardin Seep Canal and delivered to the South Platte River through an existing return ditch in the NW1/4 of the NW1/4 of Section 2, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado. 6.1.3. SPR Reach 3. 6.1.3.1. Downstream End Point of South Platte River Reach 3 – Empire Inlet Canal Headgate. SPR Reach 3 was decreed at paragraph 17.1.6 of the 404/442 Decree as an administrative reach of the South Platte River for the augmentation plans approved in the 403 Decree and the 404/442 Decree as amended by the 306 Decree. SPR Reach 3 is located from the Lower Latham Ditch headgate, located in the NW1/4 of the NE1/4 of Section 31, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado, to the Empire Inlet Canal headgate, located in the SW1/4 of the SW1/4 of Section 19, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado. 6.1.3.2. Confluence of Crow Creek and the South Platte River. Located in SE1/4 of the NE1/4 of Section 24, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado. Prior to delivery to the confluence of Crow Creek and the South Platte River for exchange, ECCV intends to divert certain sources of substitute supply, as described in Exhibit 4, from the Cache la Poudre River and deliver the substitute supplies from said Canal to Crow Creek in the NW1/4 of the SW1/4 of Section 25, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado, where the substitute supplies will be conveyed to the confluence with the South Platte River. 6.1.3.3. Confluence of Lone Tree Creek and the South Platte River. Located in the SE1/4 of the SE1/4 of Section 6, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado. Prior to delivery to the confluence of Lone Tree Creek and the South Platte River for exchange, ECCV intends to divert certain sources of substitute supply, as described in Exhibit 4, from the Cache la Poudre River to Lone Tree Creek, in the NE1/4 of the NW1/4 of Section 15, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado, where substitute supplies will be conveyed to the confluence with the South Platte River. 6.1.3.4. Confluence of the Cache la Poudre River and the South Platte River. Located in the SW1/4 of the SW1/4 (Lot 4) of Section 6, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado, the centroid being 590 feet from the west section line and 4,760 feet from the north section line. ECCV will deliver its sources of substitute supply to the confluence of the Cache la Poudre

 

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River and the South Platte River by: (1) conveying certain sources of substitute supply, as described in Exhibit 4, down the Cache la Poudre River to its confluence with the South Platte River; and/or (2) delivering certain sources of substitute supply, as described in Exhibit 4, to the confluence of Sand Creek and the Cache la Poudre River, which is located in the NW1/4 of the NW1/4 of Section 11, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado, immediately above the Cache la Poudre River’s confluence with the South Platte River. From the confluence of Sand Creek and the Cache la Poudre River, the sources of substitute supply will be conveyed in the Cache la Poudre River to the exchange-from point at the confluence of the Cache la Poudre River and the South Platte River. 6.1.3.5. Ogilvy Ditch Augmentation Stations. ECCV will use the following augmentation structures to deliver certain sources of substitute supply from the Ogilvy Irrigating Ditch to the South Platte River: (1) an existing augmentation structure near where the Ogilvy Ditch bifurcates located in the NW1/4 of the NE1/4 of Section 9, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado, which delivers water to the South Platte River in the NE1/4 of the NW1/4 of Section 15, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado; and (2) the end of ditch augmentation structure which delivers water to Crow Creek in the SW1/4 of the SE1/4 of Section 12, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado, which delivers water to the South Platte River in the NE1/4 of the SE1/4 of Section 24, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado. 6.1.4. SPR Reach 2. 6.1.4.1. Downstream End Point of South Platte River Reach 2– Lower Latham Headgate. SPR Reach 2 was decreed at paragraph 17.1.5 of the 404/442 Decree as an administrative reach of the South Platte River for the augmentation plans approved in the 403 Decree and the 404/442 Decree as amended by the 306 Decree. SPR Reach 2 is located from the Western Mutual Ditch headgate, located in the SE1/4 of the SW1/4 of Section 11, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado, to the Lower Latham Ditch headgate, located in the NW1/4 of the NE1/4 of Section 31, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado. 6.1.4.2. Strohauer Pond Accretions and Release. The point at which water recharged or discharged at the Strohauer Pond Recharge Site accretes to the South Platte River is located in the NE1/4 of the NW1/4 of Section 31, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado. 6.1.4.3. Milliken Reservoir Outlet Structures. Milliken Reservoir has several outlets capable of returning water to the South Platte River at the following locations: (1) the SE1/4 of the NW1/4 of Section 2, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado; (2) the NW1/4 of the NW1/4 of Section 35, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado; and (3) the SW1/4 of the NE1/4 of Section 26, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. In addition, the North Diversion structure of Milliken Reservoir, located on the South Platte River downstream of the confluence with the St. Vrain River in the NE1/4 of the SW1/4 of Section 26, Township 4 North, Range 67 West of the 6th P.M., Weld County Colorado, can also operate as an outlet from Milliken Reservoir. 6.1.4.4. Confluence of St. Vrain Creek and the South Platte River. Located in the SW1/4 of the NE1/4 of Section 34, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. From this point, water will be exchanged up St. Vrain Creek to the St. Vrain Pipeline Diversion, described below. 6.1.4.5. Haren Recharge Accretions. The point at which water recharged at the Haren Recharge Site accretes to the South Platte River is located in the SW1/4 of Section 8, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado. 6.1.4.6. Drouhard Recharge Accretions and Release. The location at which water recharged or discharged at the Drouhard Recharge Site accretes to the South Platte River is located in the E1/2 of the SE1/4 of Section 24, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. 6.1.4.7. Brownwood Augmentation Station. Located in the NW1/4 of Section 25, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado, approximately 4.6 miles down ditch from the Western Mutual Ditch headgate. 6.1.4.8. Farmers Independent Ditch Lower Augmentation Station. Located in the SE1/4 of the NE1/4 of Section 1, Township 4 North, Range 66 West of the 6th P.M., Weld County Colorado. 6.1.4.9. Farmers Independent Ditch Pipeline. Located in the NE1/4 of the SE1/4 of Section 36, Township 5 North, Range 66 West of the 6th P.M., Weld County, Colorado. 6.1.5. SPR Reach 1. 6.1.5.1. Downstream End Point of South Platte River Reach 1– FIDCo Upper Augmentation Station. Located in the SE1/4 of the NE1/4 of Section

 

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24, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado. 6.1.5.2. Binder Reservoir. Located in the N1/2 of Section 15, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. Water from Binder Reservoir will be released to the South Platte River via the Binder Pipeline at a location on the east bank of the South Platte River, in the NW1/4 of Section 18, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 6.1.5.3. Brighton Lateral Accretions. The most downstream location of accretions from Brighton Lateral to the South Platte River will be within either the NW1/4 of the NW1/4 or the NE1/4 of the NW1/4, both of Section 18, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 6.1.5.4. Fulton Irrigating Ditch Augmentation Stations. ECCV will use the following augmentation structures to deliver certain sources of substitute supply from the Fulton Irrigating Ditch to the South Platte River: (1) an existing augmentation structure located in the SW1/4 of the NW1/4 of Section 8, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado, which delivers water to the South Platte River, in the SE1/4 of the NW1/4 of Section 7, Township 1 North, Range 66 West of the 6th P.M., Adams County, Colorado; and (2) an augmentation structure to be constructed in Section 3 of the Fulton Ditch, in the NE1/4 of the SE1/4 of Section 28, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado, which delivers water to the South Platte River, in the NW1/4 of the NE1/4 of Section 30, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado. 6.1.5.5. United Reservoir No. 3 Discharge Point. The point of discharge from United Reservoir No. 3 to the South Platte River is located on the east bank of the South Platte River, in the SW1/4 of Section 26, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado, located 1,636 feet east of the west line and 1,531 feet north of the south line of said Section 26. 6.1.5.6. St. Vrain Pipeline (a/k/a “United Diversion Facility No. 5”). The point of discharge from the St. Vrain Pipeline to the South Platte River will be located in one of the following locations: (1) at a point located upstream of the Highway 66 Bridge as it crosses the South Platte River, which will deliver water to the South Platte River in the SW1/4 of the SW1/4 of Section 19, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado; (2) at a point upstream of the Highway 66 Bridge as it crosses the South Platte River, which will deliver water to the South Platte River in the SE1/4 of the SE1/4 of Section 24, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado, or the SE1/4 of Section 25, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado; or (3) at a point near the SW1/4 of the SE1/4 of Section 11, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado. The Exchange-From Points are shown on the map attached to the Application as Exhibit 2. 6.2.Exchange-To Points. 6.2.1. SPR Reach 4. 6.2.1.1. 70 Ranch Reservoir Surface Diversion. The surface diversion facility for 70 Ranch Reservoir will be located in the NW1/4 of the SE1/4 of Section 34, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado. 6.2.2. SPR Reach 3. 6.2.2.1. Powell Spillway. Pumping depletions that accrue to the South Platte River at the Powell Spillway will replaced at the SE1/4 of the SW1/4 of Section 14, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado. 6.2.2.2. Confluence of the Cache la Poudre River and the South Platte River. Located in the SW1/4 of the SW1/4 (Lot 4) of Section 6, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado, the centroid being 590 feet from the west section line and 4,760 feet from the north section line. 6.2.3. SPR Reach 2. 6.2.3.1. Milliken Reservoir Diversion Points. Water will be diverted from the South Platte River at the following diversion facilities: 6.2.3.1.1. South Diversion. A point of diversion for Milliken Reservoir may be located adjacent to the Jay Thomas Ditch Diversion Dam on the east bank of the South Platte River, in the NW1/4 of the NW1/4 of Section 11, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado (referred to as the “South Diversion”). 6.2.3.1.2. North Diversion. A point of diversion for Milliken Reservoir may be located on the South Platte River downstream of the confluence with the St. Vrain River, in the NE1/4 of the SW1/4 of Section 26, Township 4 North, Range 67 West of the 6th P.M., Weld County Colorado (referred to as the “North Diversion”). 6.2.3.1.3. Milliken Pumps. A pump is currently located in the SW1/4 of the SW1/4 of Section 35, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. A pump may also be constructed near the confluence of the South Platte River and the St. Vrain River, in Section 34, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. 6.2.3.1.4. Western Mutual Ditch Headgate. The point of diversion for the

 

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Western Mutual Ditch headgate is located on the South Platte River, in the SE1/4 of the SW1/4 of Section 11, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado. Water will be delivered to Milliken Reservoir through an interconnect between the Western Mutual Ditch and Milliken Reservoir. 6.2.3.2. Western Mutual Ditch Headgate. Described in paragraph 6.2.3.1.4, above. 6.2.4. SPR Reach 1. 6.2.4.1. Farmers Independent Ditch Headgate. The Farmers Independent Ditch headgate is located on the east bank of the South Platte River in the SW1/4 of Section 19, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado. ECCV will deliver water from the Farmers Independent Ditch headgate to the Drouhard Recharge Site. 6.2.4.2. Binder Pipeline. Binder Pipeline will divert water from the east bank of the South Platte River in the NW1/4 of Section 18, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. Substitute supplies exchanged and conveyed through the Binder Pipeline will be delivered to Binder Reservoir. 6.2.4.3. United Diversion Facility No. 3. United Diversion Facility No. 3 is located on the east bank of the South Platte River, in the SW1/4 of Section 26, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado, located 1,636 feet east of the west line and 1,531 feet north of the south line of said Section 26. Substitute supplies exchanged and diverted at the United Diversion Facility No. 3 will be delivered to United Reservoir No. 3. Water stored in United Reservoir No. 3 can be delivered to Barr Lake through the Beebe Pipeline pursuant to the 403 Decree. Water stored in Barr Lake can be delivered to Milton Lake via the Beebe Draw. From Barr Lake the water can also be delivered through a drainage seep to and through the Brighton Lateral to Binder Reservoir, or through the FRICO delivery canals in the Beebe Draw to Highlands Reservoir. Water can also be delivered from United No. 3 through the Beebe Pipeline to and through the Brighton Lateral to Binder Reservoir. 6.2.4.4. Burlington Canal Headgate. The Burlington Canal headgate is, pursuant to a changed point of diversion approved in the 403 Decree, located on the east bank of the South Platte River in the NE1/4 of the SW1/4 of Section 14, Township 3 South, Range 68 West of the 6th P.M., City and County of Denver, Colorado. Substitute supplies exchanged and diverted at the Burlington Canal headgate will be delivered to Barr Lake. Water stored in Barr Lake can be delivered to Milton Lake via the Beebe Draw. From Barr Lake, the water can also be delivered through a drainage seep to and through the Brighton Lateral to Binder Reservoir, or through the FRICO delivery canals in the Beebe Draw to Highlands Reservoir. ECCV may also deliver water to recharge facilities in the Beebe Draw pursuant to the terms and conditions of the ECCV Beebe Draw Recharge Project approved in the 404/442 and 306 Decrees. Water can also be delivered from the Burlington Canal through the Beebe Pipeline to and through the Brighton Lateral to Binder Reservoir. The Exchange-To Points are shown on the map attached to the Application as Exhibit 2. 6.3. Rates on the Appropriative Rights of Exchange. 6.3.1. Exchange Matrix. The maximum exchange rates in cubic feet per second for the conditional appropriative rights of exchange are set forth in the Exchange Matrix attached as Exhibit 5. 6.4. Date of Appropriation. December 8, 2016. 6.4.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ECCV Board of Directors on December 8, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 6.4.2. Date Water First Applied to Beneficial Use. Not applicable. 6.5. Uses. Substitute supplies exchanged to the Exchange-To Points described above and discharged to the South Platte River may be: 6.5.1. Used by ECCV to satisfy its replacement obligations in SPR Reaches 1, 2, 3, 4, 5, and the Beebe Draw. 6.5.2. Delivered into recharge facilities at 70 Ranch pursuant to the terms and conditions of the ECCV 70 Ranch Recharge Project approved in the 404/442 Decree, or future recharge facilities in which ECCV is legally permitted to recharge water. 6.5.3. Used to replace depletions from pumping ECCV’s wells on 70 Ranch pursuant to the terms and conditions of the ECCV 70 Ranch Augmentation Plan approved in the 404/442 Decree, or future augmentation plans if separately decreed. 6.5.4. Used to augment depletions to the South Platte River from the ACWWA/ECCV Well Field under the ECCV Augmentation Plan approved in the 403, 404/442, and 306 Decrees, or future augmentation plans if separately decreed. 6.5.5. Delivered to recharge facilities in the Beebe Draw pursuant to the terms and conditions of the ECCV Beebe Draw Recharge Project approved in the 404/442 and 306 Decrees, or future recharge facilities in which ECCV is legally permitted to recharge water. 6.5.6. Delivered to ECCV’s Water Treatment Plant in the Beebe Draw, and then transported via a 31-mile pipeline to ECCV’s service area.

 

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6.5.7. Used to meet its historical return flow obligations for ECCV’s existing, pending, and future acquired and changed water rights owed to the South Platte River or Cache la Poudre River. 6.5.8. Stored in the following surface storage facilities: 6.5.8.1. 70 Ranch Reservoir, a lined off-channel reservoir that will be located in the S1/2 of Section 3, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado, and a portion of the NE1/4 of Section 10, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado. 6.5.8.2. Serfer Pit, a lined off-channel reservoir located along the Cache la Poudre River, approximately 2.8 stream miles below the New Cache headgate, in the NE1/4 of the NE1/4 of Section 24, Township 6 North, Range 68 West of the 6th P.M., Larimer County, Colorado. 6.5.8.3. Milliken Reservoir, a lined off-channel reservoir located within a part of Section 2, Township 3 North, Range 67 West and Sections 23, 26, 34, and 35, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. 6.5.8.4. United Reservoir No. 3, an off-channel reservoir located on the east side of the South Platte River in the S1/2 of Section 26 and the N1/2 of Section 35, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado. 6.5.8.5. Barr Lake, an off-channel reservoir located in Sections 15, 21, 22, 23, 26, 27, 28, and 33, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. Barr Lake is an enlargement of the original Oasis Reservoir. 6.5.8.6. Milton Lake, an off-channel reservoir located in Sections 10, 11, 14, 15, 22, and 23, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. 6.5.8.7. Binder Reservoir, an off-channel reservoir located in the N1/2 of Section 15, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 6.5.8.8. Highlands Reservoir, an off-channel reservoir located in the NW1/4 of Section 32, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 6.5.8.9. Any existing or future storage facility to which ECCV is legally permitted to store water. 6.5.9. Use by ACWWA. ECCV may lease and/or trade exchange space available to the 2016 ECCV SPR and St. Vrain Creek Exchange and water exchanged under the 2016 ECCV SPR and St. Vrain Creek Exchange to ACWWA for use in ACWWA’s augmentation plans, recharge projects, and exchanges including those decree in Case Nos. 10CW306 and 09CW283, as well as the recharge projects and exchanges sought in Case No. 16CW3195, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ACWWA, by lease or trade with ECCV, pursuant to any future applications, so long those future applications list the 2016 ECCV SPR and St. Vrain Creek Exchange as a source of supply or replacement water. 6.6. Sources of Substitute Supply for 2016 ECCV South Platte River and St. Vrain Exchange. 6.6.1. Existing Water Rights Portfolio. Exhibit 4 is a list of the sources of substitute supply claimed herein for the appropriative rights of exchange. 6.6.2. Future Acquired Sources. ECCV intends to acquire and/or lease additional water supplies in the future for use as a source of supply for the exchanges described in this Application. To the extent that this future acquired water is available at the exchange-from points listed above, ECCV seeks to allow such sources to serve as substitute supplies for the exchanges. 6.7. Substitute Water Supply Projections. ECCV shall make projections of the yield of the 2016 ECCV Exchanges pursuant to the procedures described in paragraph 16 of the 403 Decree and paragraph 68 of the 404/442 Decree. ECCV shall incorporate the projected yield into the augmentation plans approved in the 403 and 404/442 Decrees pursuant to the notice of use procedures described in paragraphs 19.2 and 17.3, respectively, of those decrees. 7. Claim for Appropriative Rights of Substitution and Exchange- 2016 ECCV Cache la Poudre River Exchange. 7.1. Exchange-From Points. 7.1.1. Greeley Canal No. 3 Return Structures. ECCV will deliver water associated with its change shares in the Greeley Irrigation Company to the Cache la Poudre and the South Platte Rivers from the following locations: 7.1.1.1. F Street Release Structure. Located in the SE1/4 of the SW1/4 of Section 34, Township 6 North, Range 66 West, Weld County, Colorado, at a point approximately 1,602 feet east of the west section line and 837 feet north of the south section line of Section 34. 7.1.1.2. 23rd Avenue Structure. Located in the NE1/4 of the SE1/4 of Section 1, Township 5 North, Range 66 West, Weld County, Colorado, at a point approximately 1,070 feet west of the east section line and 2,482 feet north of the south section line of Section 1. 7.1.1.3. 16th Street Structure. Located in the NW1/4 SE1/4 of Section 10, Township 5 North, Range 65 West, Weld County Colorado, at a point approximately 1,967 west of the east section line and 2,616 feet south of the north section line of Section 10. 7.1.2. Greeley No. 2 Canal Augmentation Stations. ECCV will deliver water associated with its changed shares in the New

 

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Cache la Poudre Irrigating Company and Cache la Poudre Reservoir Company to the Cache la Poudre and the South Platte Rivers from the following locations: 7.1.2.1. A proposed augmentation return structure contemplated for construction near the Greeley Canal No. 2 headgate (the Headgate Augmentation Station); the turnout location off the Greeley Canal No. 2 would likely be within the NE1/4 of the SE1/4 of Section 11, Township 6 North, Range 68 West of the 6th P.M., Larimer County, Colorado. 7.1.2.2. A proposed augmentation station (the Serfer Augmentation Station), located in the SE1/4 of the SW1/4 of Section 12, Township 6 North, Range 68 West of the 6th P.M., Larimer County, Colorado. Water turned out from the Greeley No. 2 Ditch at this station would be delivered directly to Serfer Pit, where it could be stored or passed through to the Cache la Poudre River. 7.1.2.3. Law Ditch Augmentation Station, located in the NE1/4 of the SE1/4 of Section 15, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado, delivers to the Cache la Poudre above the Greeley No. 3 Canal via the John Law Seepage Ditch. 7.1.2.4. A proposed augmentation station (the Orr Lateral Augmentation Station), located in the NW1/4 of Section 32, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado, on the Orr-Tollgate farm, to deliver to the Cache la Poudre above the Greeley No. 3 Canal. 7.1.2.5. Graham Seep Augmentation Station, located in the NW1/4 of the SE1/4 of Section 13, Township 6 North, Range 66 West, 6th P.M., Weld County, Colorado. Water delivered through this station would enter the Cache la Poudre below the Greeley No. 3 Ditch headgate and above the Ogilvy Ditch headgate. 7.1.2.6. A proposed augmentation station (Carpenter Lateral Augmentation Station), to be located in the SE1/4 of the NW1/4 of Section 19, Township 6 North Range 65 West of the 6th P.M., Weld County, Colorado. It would deliver water to the Cache la Poudre below the Greeley No. 3 Ditch headgate and above the Ogilvy Ditch headgate, via the Carpenter Lateral and Graham Seep. 7.1.2.7. Eaton Draw Augmentation Station, located in the NW1/4 of the NE1/4 of Section 17, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado, and delivers to the Cache la Poudre below the Greeley No. 3 Ditch headgate and above the Ogilvy Ditch headgate. 7.1.2.8. Lone Tree Creek Augmentation Station, located in the NE1/4 of the NW1/4 of Section 15, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado, and delivers to the South Platte River just below the Cache la Poudre confluence via Lone Tree Creek. 7.1.2.9. Lower Sand Creek Augmentation Station, located in the SE1/4 of the NW1/4 of Section 27, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado, and delivers to the Cache la Poudre River below the Ogilvy Ditch headgate via Sand Creek. 7.1.2.10. Galeton Draw Augmentation Station, proposed to be located in the NE1/4 of Section 7, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado. It would deliver to the South Platte River via Lone Tree Creek. 7.1.2.11. Gill Augmentation Station, proposed to be located on or close to the section line dividing Sections 22 and 27 in Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado, could deliver water to the South Platte River via Crow Creek. 7.1.2.12. Lower Crow Creek Augmentation Station, located more or less on the quarter section line dividing the NW1/4 and the SW1/4 of Section 25, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado, and delivers to the South Platte River a short distance above the Empire Ditch headgate. 7.1.2.13. Upper Crow Creek Augmentation Station, located in the SW1/4 of the NW1/4 of Section 16, Township 6 North, Range 63 West of the 6th P.M., Weld, County, Colorado. This Augmentation Station delivers water to the South Platte River a short distance above the Empire Ditch headgate. 7.1.2.14. Upper Sand Creek Augmentation Station, located in the NW1/4 of the NE1/4 of Section 16, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado. This Augmentation Station delivers water to the Cache la Poudre River below the Ogilvy Ditch headgate. The Exchange-From Points are shown on the map attached to the Application as Exhibit 2. 7.2. Exchange-To Point. 7.2.1. Serfer Pit. Diversions from the Cache la Poudre River into Serfer Pit will be made at the NE1/4 of the NE1/4 of Section 24, Township 6 North, Range 68 West of the 6th P.M., Weld County, Colorado. The location of the Serfer Pit is shown on the map attached as Exhibit 2. 7.3. Rates on the Appropriative Right of Exchange. 7.3.1. Exchange Matrix. The maximum exchange rates in cubic feet per second for the conditional appropriative rights of exchange are set forth in the Exchange Matrix attached as Exhibit 6. 7.4. Date of Appropriation. December 8, 2016. 7.4.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ECCV Board of Directors on December 8, 2016. The Notice of Appropriation

 

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was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 7.4.2. Date Water First Applied to Beneficial Use. Not applicable. 7.5. Uses. Substitute supplies exchanged to Serfer Pit described above and discharged to the Cache la Poudre River may be: 7.5.1. Used by ECCV to satisfy its replacement obligations in SPR Reaches 1, 2, 3, 4, 5, and the Beebe Draw. 7.5.2. Delivered into recharge facilities at 70 Ranch pursuant to the terms and conditions of the ECCV 70 Ranch Recharge Project in the 404/442 Decree, or any future recharge facilities in which ECCV is legally permitted to recharge water. 7.5.3. Used to replace depletions from pumping ECCV’s wells on 70 Ranch pursuant to the terms and conditions of the ECCV 70 Ranch Augmentation Plan in the 404/442 Decree, or future augmentation plans if separately decreed. 7.5.4. Used to augment depletions to the South Platte River from the ACWWA/ECCV Well Field under the ECCV Augmentation Plan pursuant to the 403, 404/442, and 306 Decrees, or future augmentation plans if separately decreed. 7.5.5. Used as a source of substitute supply for the appropriative right of exchange pursuant to the 285 Decree, the exchanges claimed herein, or future exchanges if separately decreed. 7.5.6. Delivered to recharge facilities in the Beebe Draw pursuant to the terms and conditions of the ECCV Beebe Draw Recharge Project in the 404/442 and 306 Decrees, or any future recharge facilities in which ECCV is legally permitted to recharge water. 7.5.7. Delivered to ECCV’s Water Treatment Plant in the Beebe Draw, and then transported via a 31-mile pipeline to ECCV’s service area. 7.5.8. Used to meet its historical return flow obligations for ECCV’s existing, pending, and future acquired and changed water rights owed to the South Platte River or Cache la Poudre River. 7.5.9. Stored in the following surface storage facilities: 7.5.9.1. 70 Ranch Reservoir, a lined off-channel reservoir that will be located in the S1/2 of Section 3, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado, and a portion of the NE1/4 of Section 10, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado. 7.5.9.2. Milliken Reservoir, a lined off-channel reservoir located within a part of Section 2, Township 3 North, Range 67 West and Sections 23, 26, 34, and 35, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. 7.5.9.3. United Reservoir No. 3, an off-channel reservoir located on the east side of the South Platte River, in the S1/2 of Section 26 and the N1/2 of Section 35, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado. 7.5.9.4. Barr Lake, an off-channel reservoir located in Sections 15, 21, 22, 23, 26, 27, 28, and 33, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. Barr Lake is an enlargement of the original Oasis Reservoir. 7.5.9.5. Milton Lake, an off-channel reservoir located in Sections 10, 11, 14, 15, 22, and 23, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. 7.5.9.6. Binder Reservoir, off-channel reservoir located in the N1/2 of Section 15, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 7.5.9.7. Highlands Reservoir, an off-channel reservoir located in the NW1/4 of Section 32, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 7.5.9.8. Any existing or future storage facility to which ECCV is legally permitted to store water. 7.5.10. Use by ACWWA. ECCV may lease and/or trade exchange space available to the 2016 ECCV Cache la Poudre River Exchange and water exchanged under the 2016 ECCV Cache la Poudre River Exchange to ACWWA for use in ACWWA’s augmentation plans, recharge projects, and exchanges including those decree in Case Nos. 10CW306 and 09CW283, as well as the recharge projects and exchanges sought in Case No. 16CW3195, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ACWWA, by lease or trade with ECCV, pursuant to any future applications, so long those future applications list the 2016 ECCV Cache la Poudre River Exchange as a source of supply or replacement water. 7.6. Sources of Substitute Supply. 7.6.1. Existing Water Rights Portfolio. Exhibit 4 is a list of the sources of substitute supply claimed herein for the appropriative rights of exchange. 7.6.2. Future Acquired Sources. ECCV intends to acquire and/or lease additional water supplies in the future for use as a source of supply for the exchanges described in this Application. To the extent that this future acquired water is available at the exchange-from points listed above, ECCV seeks to allow such sources to serve as substitute supplies for the exchanges. 7.7. Substitute Water Supply Projections. ECCV shall make projections of the yield of the 2016 ECCV Exchanges pursuant to the procedures described in paragraph 16 of the 403 Decree and paragraph 68 of the 404/442 Decree. ECCV shall incorporate the projected yield into the augmentation plans approved in the 403 and 404/442 Decrees pursuant to the notice of use procedures described in

 

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paragraphs 19.2 and 17.3, respectively, of those decrees. 8. Claim for Appropriative Rights of Substitution and Exchange- 2016 ECCV Beebe Canal Exchange. 8.1. Exchange-From Points. 8.1.1. Highlands Reservoir. Highlands Reservoir is located in the Beebe Draw as described above in paragraph 3.3.2. Water will be released to the Beebe Seep Canal through the outlet works of Highlands Reservoir. The location of the outlet structure for Highlands Reservoir has not yet been finally determined. The preliminary design anticipates that Highlands Reservoir will be gravity drained under Weld County Road (“WCR”) 39 into the existing drainage that has pipe crossings of the railroad and Interstate 76, and then flows west on the south side of WCR 4 to the Beebe Draw in the NW1/4 of the NE1/4 of Section 31, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. An inlet structure from the Beebe Seep Canal, the potential locations of which are described above in paragraph 3.3.3.3, may be designed to also deliver water from Highlands Reservoir to the Beebe Seep Canal, and as an outlet structure it would also be an exchange-from point. 8.1.2. Milton Lake. Milton Lake is located in Sections 10, 11, 14, 15, 22, and 23, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. The Exchange-From Points are shown on the map attached to the Application as Exhibit 2. 8.2. Exchange-To Points. 8.2.1. Barr Lake. Barr Lake is located in portions of Sections 15, 21, 22, 23, 26, 27, 28, and 33, Township 1 South, Range 66 West, 6th P.M., Weld County, Colorado. 8.2.2. Toe of Barr Lake Dam. The toe of Barr Lake Dam is located in the NW1/4 of Section 23, Township 1 South, Range 66 West, 6th P.M., Weld County, Colorado, approximately 390 feet from the north section line and 930 feet from the west section line of said Section 23. 8.2.3. DeSanti Headgate. The headgate for the DeSanti Parcel is located on the DeSanti Parcel, which is located in the SE1/4 of Section 11, Township 1 South, Range 66 West, 6th P.M., Adams County, Colorado. 8.2.4. Highlands Reservoir Beebe Seep Canal Diversion(s). The Highlands Reservoir Beebe Seep Canal diversion points are located in the Beebe Draw, as described above in paragraph 3.3.3.3. Water will be exchanged to these points from Milton Reservoir. The Exchange-To Points are shown on the map attached to the Application as Exhibit 2. 8.3. Rates on the Appropriative Right of Exchange. 8.3.1. Exchange Matrix. The maximum exchange rates in cubic feet per second for the conditional appropriative rights of exchange are set forth in the Exchange Matrix attached as Exhibit 7. 8.4. Date of Appropriation. December 8, 2016. 8.4.1. How Appropriation was Initiated. The appropriation date is based upon the Resolution passed by the ECCV Board of Directors on December 8, 2016. The Notice of Appropriation was posted on December 15, 2016, a copy of which is attached as Exhibit 3. 8.4.2. Date Water First Applied to Beneficial Use. Not applicable. 8.5. Uses. Water diverted by exchange under the 2016 ECCV Beebe Canal Exchange will be used to satisfy ECCV’s replacement obligations in the Beebe Draw and delivered to recharge facilities in the Beebe Draw pursuant to the terms and conditions of the ECCV Beebe Draw Recharge Project approved in the 404/442 and 306 Decrees, or any future recharge facilities in which ECCV is legally permitted to recharge water. ECCV may also lease and/or trade exchange space available to the 2016 ECCV Beebe Canal Exchange and water exchanged under the 2016 ECCV Beebe Canal Exchange to ACWWA for use in ACWWA’s augmentation plans, recharge projects, and exchanges including those decree in Case Nos. 10CW306 and 09CW283, as well as the recharge projects and exchanges sought in Case No. 16CW3195, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ACWWA, by lease or trade with ECCV, pursuant to any future applications, so long those future applications list the 2016 ECCV Beebe Canal Exchange as a source of supply or replacement water. 8.6. Sources of Substitute Supply. 8.6.1. Existing Water Rights Portfolio. Exhibit 4 is a list of the sources of substitute supply claimed herein for the appropriative rights of exchange. 8.6.2. Future Acquired Sources. ECCV intends to acquire and/or lease additional water supplies in the future for use as a source of supply for the exchanges described in this Application. To the extent that this future acquired water is available at the exchange-from points listed above, ECCV seeks to allow such sources to serve as substitute supplies for the exchanges. 8.7. Substitute Water Supply Projections. ECCV shall make projections of the yield of the 2016 ECCV Exchanges pursuant to the procedures described in paragraph 16 of the 403 Decree and paragraph 68 of the 404/442 Decree. ECCV shall incorporate the projected yield into the augmentation plans approved in the 403 and 404/442 Decrees pursuant to the notice of use procedures described in paragraphs 19.2 and 17.3, respectively, of

 

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those decrees. The 2016 ECCV South Platte River and St. Vrain Creek Exchange, 2016 ECCV Cache la Poudre Exchange and 2016 ECCV Beebe Canal Exchange are collectively referred to in this Application as the “2016 ECCV Exchanges.” 9. ECCV’s Independent Claim to Appropriate Return Flows Associated with its Changed Shares in the Greeley Irrigation Company (“ECCV’s GIC Shares”). 9.1. Name of Structure. Greeley Canal No. 3, the decreed headgate location of which is on the South side of the Cache la Poudre River, in the NW1/4 of the SE1/4 of Section 32, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado. 9.2. ECCV’s GIC Shares. By the decree entered in Case No. 06CW40 (“40 Decree”), ECCV changed the place and type of use of 5.472 shares of the Greeley Irrigation Company from irrigation to all municipal uses, including augmentation, replacement, exchange, storage, and recharge. 9.3. Claim to Appropriate Return Flows. When the calling water right downstream of the Greeley Canal No. 3 headgate is junior to December, 2016 or there is no call from downstream of the Greeley Canal No. 3 headgate, ECCV seeks the right to use, reuse, successively use, and use, to extinction, for all of the purposes described in paragraph 9.7, below, the historical return flow portion of its irrigation season delivery of ECCV’s GIC Shares and the winter return flow portion of its previous irrigation season delivery of ECCV’s GIC Shares. 9.4. Appropriation Information. 9.4.1. Date of Appropriation. December 29, 2016. 9.4.2. How Appropriation was Initiated. The appropriation date is based upon the date the Application in this case was filed. 9.4.3. Date Water First Applied to Beneficial Use. Not applicable. 9.5. Source. Cache la Poudre River. 9.6. Amount Claimed. Any and all amounts of return flows determined to be attributable to ECCV’s GIC Shares, conditional. 9.7. Claimed Uses. 9.7.1. Use in ECCV’s Plans for Augmentation. ECCV seeks to use the water attributable to the return flows associated with ECCV’s changed GIC Shares as a source of replacement water in the ACWWA/ECCV Augmentation Plan approved in the 403, 404/442, and 306 Decrees, for pumping water for delivery to ECCV’s service area from the ACWWA/ECCV Well Field. ECCV will follow the procedures in the 403 and 404/442 Decrees to add its return flows as a source of replacement supply. ECCV also seeks to use the water attributable to its return flows associated with ECCV’s GIC Shares as a source of replacement water pursuant to the 70 Ranch Augmentation Plan approved in the 404/442 and 306 Decrees. ECCV will follow the procedures in paragraph 25.6.1 of the 404/442 Decree to add its return flows as a source of replacement supply. In addition, ECCV seeks to use the water attributable to the return flows associated with ECCV’s GIC Shares as a source of replacement water in plans for augmentation that it may seek in the future. 9.7.2. Use in ECCV’s Recharge Projects. ECCV seeks to use the water attributable to the return flows associated with ECCV’s GIC Shares for recharge by delivering the water to the recharge facilities located in the Beebe Draw and on 70 Ranch pursuant to the terms and conditions of the 404/442 and 10CW306 Decrees, and in any other recharge facility in which ECCV is legally permitted to recharge water. 9.7.3. Use in ECCV’s Exchanges and/or Storage. ECCV seeks to use the water attributable to the return flows associated with ECCV’s GIC Shares, either directly or following storage, as a source of substitute supply for the appropriative right of exchange approved in the 404/442 and 285 Decrees, and in any other future exchange operated or decreed by ECCV. ECCV seeks to store and exchange the water attributable to its return flows associated with ECCV’s GIC Shares in Barr Lake, United Reservoir No. 3, and Milliken Reservoir pursuant to the decreed entered in Case No. 11CW280 (“280 Decree”). ECCV also seeks to store the water attributable to the return flows associated with ECCV’s GIC Shares in 70 Ranch Reservoir and the Serfer Pit, and any other storage facility in which ECCV is legally permitted to store water. 9.7.4. All Municipal Uses. ECCV seeks to use the water attributable to the return flows associated with ECCV’s GIC Shares for all municipal uses via augmentation and exchange. ECCV’s municipal uses include but are not limited to domestic, mechanical, manufacturing, commercial, industrial, exchange, augmentation and replacement, recharge, substitute supply, including further exchange with other water systems and with other water users, and for all other beneficial uses within the present and future service area of ECCV. 9.7.5. Right of Reuse, Successive Use, and Disposition. In addition to the uses described above, ECCV claims the right to use, reuse, successively use and dispose of, by sale, exchange, augmentation, or otherwise, to extinction all water exchanged, lawfully diverted and/or impounded pursuant to the decree entered in this case. 9.7.6. Use by ACWWA. ECCV may lease and/or trade water attributable to the ECCV’s GIC Share Return Flows to

 

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ACWWA for use in ACWWA’s augmentation plans, recharge projects, and exchanges including those decree in Case Nos. 10CW306 and 09CW283, as well as the recharge projects and exchanges sought in Case No. 16CW3195, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ACWWA, by lease or trade with ECCV, pursuant to any future applications, so long those future applications list the ECCV’s GIC Share Return Flows as a source of supply or replacement water. 10. ECCV’s Claim to Appropriate Return Flows Associated with its Changed Shares in the Farmers Independent Ditch Company (“ECCV’s FIDCO Shares”). 10.1. Name of Structure. Farmers Independent Ditch, the decreed headgate is located on the east bank of the South Platte River in the SW1/4 of Section 19, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado. 10.2. ECCV’s FIDCO Shares. In the decree entered in Case No. 12CW73 (“73 Decree”), ECCV changed the place and type of use of 17.5 shares of the Farmers Independent Ditch Company from irrigation to all municipal uses, including augmentation, replacement, exchange, storage, and recharge. 10.3. Claim to Appropriate Return Flows. When the calling water right downstream of the Farmers Independent Ditch headgate is junior to December, 2016 or there is no call from downstream of the Farmers Independent Ditch headgate, ECCV seeks the right to use, reuse, successively use, and use to extinction, for all of the purposes described above in paragraph 9.7, the historical return flow portion of its irrigation season delivery of ECCV’s FIDCO Shares and the winter return flow portion of its previous irrigation season delivery of ECCV’s FIDCO Shares. 10.4.Appropriation Information. 10.4.1. Date of Appropriation. December 29, 2016. 10.4.2. How Appropriation was Initiated. The appropriation date is based upon the date the Application in this case was filed. 10.4.3. Date Water First Applied to Beneficial Use. Not applicable. 10.5. Source. South Platte River. 10.6. Amount Claimed. Any and all amounts of return flows determined to be attributable to ECCV’s FIDCO Shares, conditional. 10.7. Claimed Uses. ECCV’s claimed uses for the water attributable to the return flows associated with ECCV’s FIDCO Shares are described above in paragraph 9.7. 11. ECCV’s Claim to Appropriate Return Flows Associated with its Changed Shares in the Weldon Valley Ditch Company (“ECCV’s Weldon Shares”). 11.1. Name of Structure. Weldon Valley Ditch, the decreed point of diversion is located on the North bank of the South Platte River, in the SW1/4 NW1/4 SE1/4 of Section 13, Township 4 North, Range 61 West of the 6th P.M., Weld County, Colorado. 11.2. ECCV’s Weldon Shares. In Case No. 11CW151/05CW58 (“151 Case”), which is currently pending before this Court, ECCV is seeking to change the place and type of use of 44 shares of the Weldon Valley Ditch Company from irrigation to all municipal uses, including augmentation, replacement, exchange, storage, and recharge. 11.3. Claim to Appropriate Return Flows. When the calling water right downstream of the Weldon Valley Ditch headgate is junior to December, 2016 or there is no call from downstream of the Weldon Valley Ditch headgate, ECCV seeks the right to use, reuse, successively use, and use to extinction, for all of the purposes described in paragraph 9.7, above, the historical return flow portion of its irrigation season delivery of ECCV’s Weldon Shares and the winter return flow portion of its previous irrigation season delivery of ECCV’s Weldon Shares. 11.4. Appropriation Information. 11.4.1. Date of Appropriation. December 29, 2016. 11.4.2. How Appropriation was Initiated. The appropriation date is based upon the date the Application in this case was filed. 11.4.3. Date Water First Applied to Beneficial Use. Not applicable. 11.5. Source. South Platte River. 11.6. Amount Claimed. Any and all amounts of return flows determined to be attributable to ECCV’s Weldon Shares, conditional. 11.7. Claimed Uses. ECCV’s claimed uses for the water attributable to the return flows associated with ECCV’s Weldon Shares are described in paragraph 9.7, above. 12. Change in Use of ECCV’s Previously Changed Water Rights. 12.1. Change in Use. Pursuant to Colo. Rev. Stat. Ann. § 37-92-305(3)(e), ECCV seeks to change its previously-quantified water rights described below (collectively, the “Previously Changed Shares”) to allow such water to be used and stored as described below. 12.1.1. Farmers Independent Ditch Company Shares. In the 73 Decree, ECCV originally changed 17.5 Farmers Independent Ditch shares from irrigation use to municipal, augmentation, replacement, recharge, exchange, and substitution uses either directly or following recharge and/or storage. 12.1.2. Greeley Irrigation Company Shares. Pursuant to the 40 Decree, ECCV originally changed 5.472 Greeley Irrigation Company shares from irrigation use to municipal, augmentation, replacement, recharge, exchange, and substitution uses either

 

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directly or following recharge and/or storage. 12.1.3. Weldon Valley Ditch Company Shares. In the 151 Case, ECCV requests to change 44 Weldon Valley Ditch shares from irrigation use to municipal, augmentation, replacement, recharge, exchange, and substitution uses either directly or following recharge and/or storage. 12.1.4. New Cache la Poudre Irrigating Company (“NCLPIC”) and Cache la Poudre Reservoir Company (“CLPRC”) Shares. In Case No. 13CW3026, ECCV is seeking to change 16shares in the NCLPIC and 16 shares in the CLPRC from irrigation use to municipal, augmentation, replacement, recharge, exchange, and substitution uses as more fully described in the application and proposed decree in that case. 12.2. Replacement of Return Flow Obligations. The decrees for the Previously Changed Shares require Applicants to meet historical return flow obligations in time, place, and amount, as more fully described in the relevant decrees. ECCV seeks the ability to meet these return flow obligations using any of the water rights described in Exhibit 4, so long as those rights have been decreed for use for augmentation, replacement, or substitution. Additionally, ECCV seeks the ability to use any future acquired water rights to meet these return flow obligations to the extent that future acquired sources are decreed for augmentation, replacement, or substitution purposes. 12.3. Additional Uses. To the extent the Previously Changed Shares are not already decreed for such purposes, ECCV seeks to add the following as permissible uses of the Previously Changed Shares. 12.3.1. Augmentation Plans. ECCV may use its Previously Changed Shares in the augmentation plans decreed in Case Nos. Case Nos. 02CW403, 02CW404/03CW442, as amended by the decree entered in Case No. 10CW306, and any future augmentation plans sought by ECCV. 12.3.2. Recharge Facilities. ECCV may use its Previously Changed Shares in the recharge facilities previously decreed in Case Nos. Case Nos. 02CW403, 02CW404/03CW442, as amended by the decree entered in Case No. 10CW306, the recharge facilities sought in this application, and any other existing or future recharge facilities to which ECCV may legally recharge water. 12.3.3. Exchanges. ECCV may use its Previously Changed Shares in the exchanges previously decreed in Case No. 11CW285, the exchanges sought in this application, and any future exchanges operated or decreed by ECCV. 12.3.4. Storage. ECCV may store its Previously Changed Shares in the following surface storage structures for subsequent delivery into ACWWA’s or ECCV’s municipal system or for use as a source of augmentation, replacement, recharge, exchange or substitute supply: 12.3.4.1. 70 Ranch Reservoir, a lined off-channel reservoir that will be located in the S1/2 of Section 3, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado, and a portion of the NE1/4 of Section 10, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado. 12.3.4.2. Binder Reservoir, an off-channel reservoir located in the N1/2 of Section 15, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 12.3.4.3. Highlands Reservoir, an off-channel reservoir located in the NW1/4 of Section 32, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 12.3.4.4. Any existing or future storage facility to which ECCV is legally permitted to store water. 12.3.5. Replacement of Return Flow Obligations. ECCV may use its Previously Changed Shares to replace return flows obligations associated with the Previously Changed Shares, as well as the return flow obligations of any other water rights changed by ECCV in the future. 12.3.6 Use by ACWWA. ECCV may lease and/or trade water attributable to the Previously Changed Shares to ACWWA for use in ACWWA’s augmentation plans, recharge projects, and exchanges including those decree in Case Nos. 10CW306 and 09CW283, as well as the recharge projects and exchanges sought in Case No. 16CW3195, and including use to replace return flow obligations associated with previously changed shares. This water may also be used by ACWWA, by lease or trade with ECCV, pursuant to any future applications, so long those future applications list the Previously Changed Shares as a source of supply or replacement water. (44 pages, 7 exhibits). THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED.

 

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YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of MAY 2017 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be filed as an Original and include $158.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.