June 2003 resume - CO Courts · JUNE 2003 WATER RESUME TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are notified that the following

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DISTRICT COURT, WATER DIVISION 1, COLORADO JUNE 2003 WATER RESUME TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of June, 2003 for each County affected. 03CW247 THOMAS A. WEHSE, 25893 Mosier St., Conifer, CO 80433 Application for Underground Water Right, IN JEFFERSON COUNTY. Wehse Well Permit #148009, located in the SW1/2NW1/4, S12, T6S, R71W, 1820’ from N section line and 250’ from W section line, Aspen Park, Lot 10, Block 053, Unit 4 Source: Underground Depth: 500’ Appropriation: 5/20/1987 Amount claimed: 5 gpm Use: Household (2 pages + 2 attachments) 03CW248 DARRYL A. WILSON, 25532 Mosier Circle, Conifer, CO 80433 Application for Underground Water Right, IN JEFFERSON COUNTY. Wilson well #2245, located in the SE1/4NW1/2, S12, T6S, R71W, 3,156’ from S section line and 2,000’ from W section line, Aspen Park, Lot 27, Block 48 Source: Underground Depth: 165’ Appropriation: 10/14/1958 Amount claimed: 1 gpm Use: Domestic use, 4000 square feet of lawn and garden. 03CW249 LARRY ROTHE, 15160 Highway 144 #16, Fort Morgan, Colorado, 80701, (970) 645-2427 c/o Kim R. Lawrence of Lind, Lawrence & Ottenhoff, LLP, 1011 11th Avenue, Greeley, Colorado, 80631, (970)356-9160. Application for Water Rights, Change of Water Rights and Approval of Plan for Augmentation in Morgan and Weld Counties. Application for Recharge Wells IN MORGAN AND WELD COUNTIES. 2. Applicant seeks a water right for each of the structures in the following table. Each location is in Morgan or Weld Counties within the 6th P.M. The source of each is groundwater tributary to the South Platte River and each well permit is conditioned on it being within 100 feet of the river. The appropriation date is based on the application for or issuance of the well permit. Applicant claims each amount for each well as stated in the table, conditional. The use of each well is augmentation, recharge, replacement, irrigation, exchange, municipal, recreation, wildlife and wildlife recovery, commercial, industrial, livestock, fire protection and piscatorial. Uses are by Applicant and by individuals and entities with whom Applicant contracts. The proposed diversions from these structures will be recharged in the ponds described in ¶2.1 or ponds to be developed. Applicant claims the use, reuse and successive uses of the water diverted for recharge purposes under the subject water rights to extinction, either directly or by exchange.

No. Name Permit No. App Date GPM Qtr/Qtr Sec Tnp Rng 1 Rothe Recharge #1 59501-F 4/28/2003 1500 NE NE 1 4N 60W 2 Rothe Recharge #2 pending 5/1/2003 1500 NW NE 1 4N 60W 3 Rothe Recharge #3 pending 5/13/2003 3000 NW NW 23 4N 61W

2.1 Rothe Recharge #1 and Recharge #2 divert water into Rothe Ponds #1-11. Rothe Recharge #3 diverts water into Sublette Ponds #1-21 and Canal Reaches B and C. Rothe Ponds #1-7 are also the subject of an Application in Case m 01CW189 and the Sublette Ponds #1-21 and Canal Reaches B and C are also the subject of a Decree in Case m 89CW027.

NAME LOCATION SURFACE CAPACITY SDF AREA ACRE FT ACRES ACRE FT

ROTHE #1 NW1/4NE1/4 SEC13-4N-60W 4.5 18 847

ROTHE #2 SE1/4NE1/4 SEC13-4N-60W 4.5 13 1017

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ROTHE #3 NE1/4NE1/4 SEC13-4N-60W 6.0 29 905

ROTHE #4 SW1/4NE1/4 SEC12-4N-60W 3.0 5 416

ROTHE #5 SW1/4NW1/4 SEC7-4N-59W 10.0 20 480

ROTHE #6 SW1/4NW1/4 SEC7-4N-59W 2.0 6 480

ROTHE #7 SE1/4NW1/4 SEC6-4N-59W 9.0 44 138

ROTHE #8 SW1/4NW1/4 SEC6-4N-59W 19.5 59 94

ROTHE #9 SE1/4SE1/4 SEC1-4N-60W 19.8 40 185

ROTHE #10 NW1/4SE1/4 SEC1-4N-60W 15.4 31 114

ROTHE #11 SW1/4NE1/4 SEC1-4N-60W 12.7 38 80

SUBLETTE #1 SE1/4SW1/4 SEC2-4N-61W 3.0 6 750 SUBLETTE #2 SE1/4SW1/4 SEC2-4N-61W 20.0 58 480 SUBLETTE #3 NE1/4NW1/4 SEC11-4N-61W 7.0 21 480 SUBLETTE #4 SE1/4NW1/4 SEC11-4N-61W 7.0 14 270 SUBLETTE #5 NW1/4NW1/4 SEC11-4N-61W 10.0 30 480 SUBLETTE #6 SW1/4NW1/4 SEC11-4N-61W 12.0 24 480 SUBLETTE #7 SE1/4NE1/4 SEC10-4N-61W 1.0 2 480 SUBLETTE #8 SE1/4NE1/4 SEC10-4N-61W 6.0 18 480 SUBLETTE #9 SW1/4NE1/4 SEC10-4N-61W 5.0 10 480 SUBLETTE #10 SW1/4NE1/4 SEC10-4N-61W 2.0 4 480 SUBLETTE #11 SE1/4SE1/4 SEC10-4N-61W 5.0 10 270 SUBLETTE #12 NE1/4NW1/4 SEC14-4N-61W 9.0 9 120 SUBLETTE #13 NE1/4NE1/4 SEC15-4N-61W 19.0 19 120 SUBLETTE #14 SW1/4NW1/4 SEC14-4N-61W 17.0 51 30 SUBLETTE #15 SE1/4NE1/4 SEC15-4N-61W 12.0 96 120 SUBLETTE #16 NE1/4NE1/4 SEC15-4N-61W 34.0 170 120 SUBLETTE #17 SE1/4NE1/4 SEC15-4N-61W 8.0 16 120 SUBLETTE #18 SW1/4NE1/4 SEC15-4N-61W 4.0 8 120 SUBLETTE #19 SW1/4NE1/4 SEC15-4N-61W 2.0 4 120 SUBLETTE #20 SE1/4NW1/4 SEC15-4N-61W 37.0 185 120 SUBLETTE #21 NE1/4SW1/4 SEC15-4N-61W 30.0 60 30 CANAL REACH B SEC10,11-4N-61W 270 CANAL REACH C SEC10,15-4N-61W 120

Application for Augmentation Wells 3. Applicant seeks a water right for each of the structures in the following table. Each location is in Morgan County within the 6th P.M. The source of each is groundwater tributary to the South Platte River. The appropriation date is based on the application for or issuance of the well permit. Applicant claims each of the wells, conditional. The use of each well is augmentation, replacement and exchange, for all beneficial uses. Applicant claims the use, reuse and successive uses of the water diverted for augmentation purposes under the subject water rights to extinction, either directly or by exchange.

No. Name Permit/Receipt No. App Date GPM Qtr/Qtr Sec Tnp Rng 1 Rothe Aug #1 507085A 2/28/2003 1500 NW NE 13 4N 60W 2 Rothe Aug #2 pending 5/1/2003 900 NE 12 4N 60W

Application for Change of Water Rights

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4. Decreed Name of Structure: Bijou Irrigation Company. (157 shares). 4.1. Decrees: Bijou Irrigation Canal was decreed in Case m 33817 on April 28, 1883 and in Case m 2142 on November 21, 1883 for 16.32 c.f.s. with an appropriation date of April 20, 1873; 450 c.f.s. with an appropriation date of October 1, 1888; 50 c.f.s. with an appropriation date of April 1, 1900. The Bijou canal headgate is located on the south bank of the South Platte River, at or near a point in the SE¼ of Section 12, Township 4 North, Range 63 West of the 6th P.M., Morgan County, Colorado, which point bears South 33Ε East 5,200 feet from the Northwest corner of said Section. In addition the following priorities are carried by the Bijou Canal, as the Company has a vested interest by virtue of an exchange agreement relating back to 1925 with the Putnam Ditch Company; Decreed in Case m 433 on November 21, 1895 for 10 c.f.s. with an appropriation date of April 1, 1880 and 30 c.f.s. with an appropriation date of April 26, 1882. 4.2. Historic Use: The 157 shares of the Company have and are used to irrigate 750 acres, along with other water supplies. 4.3. Proposed Change: Applicant seeks to change the use of the shares to include augmentation, replacement, exchange and recharge into the structures described in ¶2.1, as well as the decreed irrigation use, with the right to totally consume the consumable portion of the water, either by first use, successive use, or disposition. Applicant also proposes to bypass the shares as needed at the river headgate and /or structures along the ditch below the river headgate to provide augmentation water. Such augmentation use will replace historic return flows including ditch seepage losses from the use of such surface water rights in the time, location and amount in which they occurred and prevent expanded use of such surface water rights so that other water rights will not be injured. 5. Decreed Name of Structure: Weldon Valley Ditch Company. (25 shares). 5.1. Decrees: The Weldon Valley Ditch was decreed in Case m 433 in the Weld County District Court, Weld County, State of Colorado, on November 21, 1895 with appropriation date of October 26, 1881for 165 c.f.s. from the South Platte River. The decreed use is for irrigation. The decreed headgate location is on the north bank of the South Platte River in the SW¼ NW¼ SE¼ of Section 13,Township 4 South, Range 61 West of the 6th P.M., Weld County, Colorado. 5.2. Historic Use: The 25 shares of the Company have and are used to irrigate 335 acres, along with other water supplies. 5.3. Proposed Change: The same as ¶4.3. Application for Plan of Augmentation 6. Structures to Be Augmented: 23 wells described in the following table and the wells described in ¶3 above. The plan is intended to augment any replacement well or alternate point of diversion well authorized in connection with one of the listed wells.

ROTHE WELL # WELL PERMIT # DECREE # LOCATION SDF ROTHE #4 #4989RF W16704 NW1/4SE1/4 SEC 7-04N-59W 800 ROTHE #5 #6334 W16704 SE1/4SW1/4 SEC 7-04N-59W 950 ROTHE #6 #6721 W16704 NE1/4NW1/4 SEC 7-04N-59W 461 ROTHE #7 #13387-RF W2704 NE1/4 SEC 12-4N-60W 750 ROTHE #8N #6720-F W16704 SE1/4NE1/4 SEC 1-4N-60W 130 ROTHE #8S #6722-F W479 SE1/4SE1/4 SEC 1-4N-60W 282 ROTHE #16 #22297F 85CW108 NE1/4NE1/4 SEC 16-04N-59W 800 ROTHE #17 #4755F W2115 CNTR SW1/4 SEC 8-04N-59W 875 ROTHE #19 #018217 W7641 NE1/4SE1/4 SEC 5-04N-59W 200 ROTHE #34 #2644F #1 W3613 NE1/4NW1/4 SEC 29-04N-59W 3300 ROTHE #37 #11009 W2225 NW1/4NW1/4 SEC 22-04N-59W 1920 ROTHE #38 #5015F W2225 SW1/4NW1/4 SEC 23-04N-59W 2000 ROTHE #40 #RF111 W16704 SW1/4SE1/4 SEC 26-04N-59W 3800 ROTHE #42 #0594 W16704 SE1/4SW1/4 SEC 35-04N-59W 4600 ROTHE #51 9395FR 89CW027 NW1/4SW1/4 SEC 12-04N-61W 135 ROTHE #52 48101-F 89CW027 SE1/4NW1/4 SEC 15-04N-61W 135 ROTHE #60 #RF548 W888 NE1/4SW/14 SEC 5-03N-58W 1280 ROTHE RD 14 #8341®-204) W2704 SW1/4 SEC 9-03N-58W 2317 ROTHE #64 #8342 W2704 NE1/4 SEC 16-03N-58W 3027

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ROTHE/LIND E R8289 W2704-B117 SE1/4NW1/4 SEC 17-03N-58W 4083 ROTHE/LIND W 6663RR W2704 SE1/4NW1/4 SEC 17-03N-58W 4070 ROTHE #66N 8315 W2704-B92 NW1/4SW1/4 SEC 17-03N-58W 4345 ROTHE #66S 8314 W2704-B92 NW1/4SW1/4 SEC 17-03N-58W 4464

Other wells may have been unintentionally omitted and will be included later. Are there other rights diverted from these structures? No. 7. Water Rights to be Used for Augmentation: 7.1. Water rights described in ¶2-5. Applicant reserves the right to add additional augmentation wells, recharge wells, shares and water rights to this plan. If the Applicant’s recharge projects produce accretions in excess of that needed to augment the structures in ¶6, this plan includes the recapture of excess accretions from recharge by making additional diversions at the structures in ¶2 or by leasing such water to other water users pursuant to an approved Substitute Water Supply Plan or a Water Court Decree. 7.2. Augmentation credits may be utilized from Bijou Irrigation Company, W-2704, W-9172-78, 01CW189; Sublette, 89CW027. 7.3. Applicant seeks approval to add water rights it acquires by purchase or lease to be used as replacement sources for this plan of augmentation. Applicant proposes that for reservoir water 60% and for direct flow water 50% of the previous 5 years average releases be available for augmentation purposes. These percentages for reservoir and direct flow water are subject to change based upon field validation of historic irrigation practices including consumptive use and return flows. If the Water Court has quantified the historic use of the same type of shares to be used for replacement water, Applicant proposes to use the consumptive use and return flow obligations found in such a decree, unless changed circumstances indicate a different historic use should be used. 8. Plan for Augmentation. 8.1. Diversions from the wells listed in ¶6 cause depletions to the South Platte River. To the extent that those depletions are out of priority, the purpose of this plan is to provide for replacement of such out of priority depletions in time, location and amount to the extent necessary to prevent injury to senior water rights. 8.2. Method for Determination of Well Depletions. Applicant’s current method of determining well depletions is based on well pumping data. Applicant collects actual well pumping data each year based on power records or flow meter readings and determines the amount pumped. The amount of water projected for next year’s pumping is based on a rolling average of the last five years of pumping. Based on approval by the State Engineer the consumptive use of the total pumping is estimated to be 40%-50% for well water applied by flood irrigation, 75% applied by sprinkler irrigation and 100% for augmentation wells. The applicant will undertake some field validation for historic irrigation practices to determine what consumptive use factors are appropriate. The consumptive use of the well water is lagged using the SDF method to determine the cumulative depletion for each well. Applicant reserves the right to utilize a consumptive use model instead. In such a model, the historic consumptive use for each field is estimated for the period 1974 – 2002 and future years are added. This history is necessary to determine the long term resulting depletion attributed to the wells after consideration of alluvial lagging effects. The modified Blaney-Criddle crop evapotranspiration method or more current scientifically based method is used to estimate monthly crop potential consumptive use for the crops historically grown over the period. The consumptive use model is a water budget that includes surface water inputs, effective precipitation and soil moisture storage. A monthly water budget is simulated for each field for every month of the applicable period. This budget includes the distinction between flood and sprinkler acres. After credit of any applicable surface water sources, effective precipitation and soil moisture the model estimates the amount of alluvial water to fulfill the net crop water irrigation requirement not met by the surface water supplies. The calculations provided by the model are not fixed but will vary year to year and change based on changes in annual and monthly data, based on changed assumptions and methodology during the pendency of this application. 8.3. Replacement of Out of Priority Depletions. Applicant will make replacement of out-of-priority depletions that cause material injury to senior vested water rights from the sources identified in ¶7. 8.4. Accounting and Reporting. Applicant will provide reports and accountings to the State and Division Engineers. 9. Applicant reserves the right to operate pursuant to §37-92-308 C.R.S. or any amendments thereto. Applicant also reserves the right to add any additional recharge/reservoir sites, recharge wells, augmentation wells and water

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rights which Applicant subsequently acquires the right to use, which may be diverted and used by Applicant for the purposes described herein, and used to further augment the wells identified in ¶6; further, additional wells to be augmented may be added, all subject to such conditions as may be provided in any decree entered herein, upon filing a notice of the acquisition of such additional augmentation or recharge sources, or additions to list of wells to be augmented, with the Division Engineer's office and without further judicial proceedings. Applicant also reserves the right to remove any recharge/reservoir sites, recharge wells, augmentation wells and water rights. 10. Name and Address of Owner of the Structures: Applicant owns the wells, the Rothe recharge sites and the shares or has permission of the owners to file this application. The Sublette sites, Rothe Well # 52 are and Canal Reaches B and C are owned by Sublette Inc., P. O. Box 21, Orchard, Colorado 80644. (Application filed via CourtLink) 03CW250 HOSHIKO FARMS, INC., 28607 Weld County Road 50, Kersey, CO 80644, c/o Dennis Hoshiko, (970) 330-8780. APPLICATION FOR A NEW WATER RIGHT, CHANGE OF WATER RIGHTS AND APPROVAL OF PLAN FOR AUGMENTATION, IN WELD COUNTY. All future correspondence and pleadings to: Daniel K. Brown, Fischer, Brown & Gunn, P.C., P.O. Box Q, Fort Collins, CO 80522. The purposes of this application are: (a) to change the use of certain water rights that Applicant owns that are currently decreed for irrigation to allow such to also be used for augmentation, recharge, and substitute supply purposes, either directly or following storage; (b) to obtain a new water right to pump an existing irrigation well owned by the Applicant during the non-irrigation season for augmentation, replacement, exchange and/or recharge purposes, with the water pumped to be used either by direct flow or following storage; (c) to adjudicate a plan for augmentation that uses the consumptive use of water associated with the water rights to be changed herein and the ground water pumped from Applicant’s proposed augmentation well; (d) to provide for the inclusion of additional replacement water and other structures or water rights which Applicant obtains the right to use in the future and which are legally available for augmentation use, into the plan for augmentation applied for herein, either on a direct flow or release from storage basis to replace out-of-priority depletions associated with well pumping from wells described in paragraph 6 below, and/or to replace historic return flows from the changed water rights or additional water rights, to the extent necessary to prevent legal injury to other water rights. Change of Water Rights. 3. Decreed name of structures for which change is sought: Greeley No. 3 Ditch: Applicant is the owner of two (2) shares (represented by stock Certificate Numbers 3253 and 3254) of 519.7 outstanding shares in the Greeley Irrigation Company (“GIC”). The GIC owns a 5/8th interest in the water rights decreed to the Greeley Canal No. 3., as well as 60 preferred rights in Fossil Creek Reservoir. A. Date Decree Entered: The original decree for the Greeley Canal No. 3 was entered on April 11, 1882. Case No. Civil Action No. 320 Court: District Court, Larimer County. B. Decreed point of diversion (include map): Located on the South side of the Cache La Poudre River in the NW ¼ of the SE1/4 of Section 32, Township 6 North, Range 66 West of the 6th P.M., Weld County, at a point 1900 feet West and 2200 feet North of the southeast corner of said Section 32. Decreed Use: Irrigation and Domestic. D. Source: Greeley Canal No. 3, Cache La Poudre River. Fossil Creek Reservoir, Cache La Poudre River and Fossil Creek, Box Elder Creek, and Cooper and Ames Sloughs, tributaries to the Cache La Poudre River. E. Appropriation Dates: April 1, 1870 Amount: 52 c.f.s. October 1, 1871Amount: 41 c.f.s. July 15, 1872 Amount: 63.13 c.f.s. May 15, 1873 Amount: 16.67 c.f.s. F. The Fossil Creek Reservoir water rights were decreed by the District Court in Larimer County.

Priority Approp. Date Amount (AF.) Adj. Date-Case No. Original Constr. 3/5/1901 12,052 10/28/1909-1591* (Priority No. 40) First Enlargement 6/1/1904 1,545 4/22/1922-20317 (Priority No. 66) Second Filling (Refill) 3/5/1901 12,052 9/10/1953-11217 (Priority No. 136E)

*Date of Revised Final Findings and Decree in Civil Action No. 1591. G. Historic use: The two shares were historically used for agricultural irrigation on approximately 5.43 acres of farm ground in the GIC system, which ground is located in the NE ¼ of the NE ¼ of Section 20, Township 5 North, Range 65 West of the 6th P.M., in Weld County (Farm I.D. Number E-56 in Division 1 Water Court Case No. 96CW658, In the Matter of the Application for Water Rights of the Poudre Prairie Mutual Reservoir & Irrigation Company). Applicant’s ownership of GIC shares allows it to receive

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delivery of Fossil Creek Reservoir water. This land is to be dried up in accordance with the dry-up 4. Proposed change: (a) describe change requested: alternate point of diversion/replacement/change of use; (if well, please list pertinent information from well permit) (b) location; (c) use; (d) amount; (e) give proposed plan for operation (if (b) thru (e) applicable. Applicant intends to change the two shares it owns in the GIC to allow the water to be used for augmentation, replacement and exchange purposes, either by direct flow or storage for later use, and for storage for recharge purposes. The consumptive use portion of the GIC shares claimed is in accordance with the ditch-wide historic use analysis, and other applicable requirements contained in the decree entered by this Court in Case No. 96CW658, In the Matter of the Application for Water Rights of the Poudre Prairie Mutual Reservoir & Irrigation Company. In Case No. 96CW658, the Applicant conducted a ditch-wide analysis to determine the historic consumptive use of each share of GIC water rights during the period of 1950-1979, a period that the court found representative of historic use. This Court found that during this period the average annual diversion of GIC direct flow water rights was 11,400 acre feet. The decree found that the average annual consumptive use per share under the GIC system was 10.31 acre feet. The decree in the case further provided, at paragraph 20, that other owners of shares in the GIC system could rely upon the findings made in the decree regarding historic consumptive use of GIC shares in any subsequent change application, in the absence of any showing of later events which the court did not address in 96CW658 and which are germane to the question of injury. The Applicant asserts that the historic consumptive use of the 2 shares should thus be determined to be 20.62 acre feet on an average annual basis, and any additional GIC shares Applicant owns or later acquires should be determined to yield 10.31 acre feet per share. Applicant shall replace all historic return flows from the irrigation use of such water to the extent necessary to prevent legal injury to senior water rights and shall not use the said water rights unless such replacement is made. Applicant requests the right to store the consumptive use component of the GIC shares named above, and any additional shares GIC later obtained by Applicant, in storage vessels, including recharge vessels, as may be available to Applicant or may be constructed by the Applicant in the future. The end use of the stored water shall continue to be for irrigation but will also include augmentation, exchange and replacement by direct release Cache La Poudre River or South Platte River, or for later release following storage, or by means of recharge at recharge locations. New Water Right for Augmentation Well. 5. Pearson Farm Well Augmentation Water Right: The Pearson Farm Well, (Permit no. 19437-R) is currently decreed in Court Case No. W-177 in Water Division 1 (entered Nov. 13, 1970). The well is decreed for irrigation with a pumping rate of 2.23 c.f.s. The point of diversion is at a point whence the North ¼ corner of Section 34 Township 6 North, Range 65 West of the 6th P.M. bears north 78º 45' West for 230.9 feet. The well has historically been used to irrigate approximately 80 acres of farm ground in the W ½ of the NE ¼ of Section 34, Township 6 North, Range 65 West of the 6th P.M. Applicant is requesting a new, conditional water right be decreed to use the Pearson Farm Well for the non-irrigation season (from October through April) as a source of augmentation water in the augmentation plan described below. When referring to the non-irrigation season use of the Pearson Farm Well, the structure will be referred to herein as the “Pearson Augmentation Well” and the water derived therefrom as “Pearson Augmentation Well water.” The well will be equipped with a totalizing flow meter and Applicant will apply for a revised well permit for this well. A. Source: Ground water tributary to the Cache La Poudre River. B. Depth: unknown. C. Date of Appropriation: June 1, 2003. D. How Appropriation Was Initiated: Determination by Applicant to utilize well for augmentation purposes in this proposed augmentation plan. E. Date Water Applied to Beneficial Use: n/a. F. Amount Claimed: 2.23 c.f.s. (October through April) CONDITIONAL. G. Purpose: Applicant proposes to use Pearson Augmentation Well water for augmentation, exchange and replacement by release to the Cache La Poudre River. Applicant also requests the right to store this water in storage vessels, including recharge vessels, as may be available to Applicant or may be constructed by the Applicant in the future, for later release to the Cache La Poudre River or the South Platte River following storage, or by means of recharge at recharge locations. Augmentation Plan. 6. Name(s) of structure(s) to be augmented, together with related information applicable to this plan for augmentation: TABLE 1

Well Location Well Permit

Adjudication Case No. Range Township Section Q160 Q40

19437-R W177 65 W 6 N 34 NE NW 13086-F W785 65 W 5 N 23 SW SW 5923-R W4270 65 W 5 N 23 NE NW

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Augmentation of Well No. 19437-R, will include augmentation of depletions resulting from the pumping of this well for irrigation pursuant to Case No. W-177 as well as the augmentation water pumped by the Pearson Augmentation Well. It is also Applicant’s intent to augment any well that may be a replacement well for the wells listed above. Are there other water rights diverted from this structure(s)? No 7. Previous decree(s) for water right(s) to be used for augmentation: The sources of water to be used for augmentation are the consumptive use portion of the GIC shares listed in paragraph 3 above and the water pumped from the Pearson Augmentation Well described in paragraph 5 above. In addition, Applicant has a contractual right to receive up to 19.4 acre feet of fully consumable water from the City of Longmont by virtue of an assignment from Lower Latham Ditch Company to Applicant of a portion of Lower Latham’s right to 403.7 acre feet of fully consumable water, derived from an agreement between Lower Latham Ditch Company and the City of Longmont entitled 2002-2004 Exchange of Water Agreement. The 2002-2004 Exchange of Water Agreement is temporary in nature, and such deliveries are to be made only until March 31, 2004. However, it is Applicant’s intent to use such water for augmentation, exchange and replacement purposes during such time period. The 2002-2004 Exchange of Water Agreement calls for the 403.7 acre feet of fully consumable water to be delivered via the St. Vrain Creek and delivered to either the headgate of the Union Ditch, for delivery to storage in the Lower Latham Reservoir, or to the headgate of the Lower Latham Ditch. The distance from the Lower Latham Ditch headgate to the location of stream depletions for the structures listed in paragraph 6 is approximately 6 miles. Applicant will reduce its entitlement to account for conveyance loss by 0.5% per mile. In addition, Applicant seeks the right to use, either directly or after storage, and either permanently or temporarily, for augmentation, replacement, and/or recharge in this plan for augmentation, waters that have been decreed for or changed to fully consumptive uses. Further, Applicant seeks approval of its right to use other sources of water that may be acceptable to the State Engineer as substitute supply water in accordance with Section 37-92-308, C.R.S. 8. Historic use: Historic use of GIC water rights is stated above in paragraphs 3. There has been no historic use of Pearson Augmentation Well. 9. Statement of plan for augmentation: The pumping of the wells listed in paragraph 6 above causes depletions to the South Platte River and the Cache La Poudre River below the Ogilvy Ditch headgate located in the SE ¼ of the SE ¼ of the SW ¼ of Section 4, Township 5 North, Range 65 West of the 6th P.M. The purpose of the plan is to replace those depletions that are out of priority in time, location and amount so as to prevent injury to senior vested water rights. Applicant has three irrigated parcels. The Auburn Farm is located in the W ½ of the SW ¼ of Section 23, Township 5 North, Range 65 West of the 6th P.M. The Buderus Farm is located in the N ½ of the NE ¼ of Section 23, Township 5 North, Range 65 West of the 6th P.M. The Pearson Farm is located in the W ½ of the NE ¼ of Section 34 Township 6 North, Range 65 West of the 6th P.M. Each parcel has one of the three well listed in Table 1 on it, and each well has historically been used as a supplemental source of irrigation water on the farm where it is located. The Auburn Farm Well was decreed in Case No. W-785 (Permit No. 13086-F). The Buderus Farm Well was decreed in Case No. W-4270 (Permit No. 5923-R). The Pearson Farm Well was decreed in Case No. W-177 (Permit No. 19437-F). The following table summarizes the surface water supplies utilized at each farm and well location:

TABLE 2 Surface Water Supplies Farm

Name Well Permit

Ditch Shares C-BT Auburn 13086-F 6 shares Union Ditch -- Buderus 5923-R 6 shares Union Ditch -- Pearson 19437-R 8 shares New Cache La Poudre

Ditch 8 shares New Cache La Poudre Reservoir

35 units

Applicant proposes to determine the depletions from the pumping of these wells as follows. A water budget method will be used, and is appropriate for estimating well depletions on the Applicant’s farms. The proposed water budget accounting procedure is outlined below: A. On an annual basis, the Applicant will report the types of crops and number of acres irrigated on each of its three farms. B. The total irrigation water requirement for the lands irrigated will be determined on a monthly basis using the modified Blaney-Criddle method and weather data from the UNC weather station. C. The total surface water supply delivered to the three farms will be determined based upon applicable ditch diversion records, reservoir/storage releases, Colorado-Big Thompson Quotas and the number of Colorado-Big Thompson Units used to irrigate the Pearson farm (only the Pearson farm has historically been irrigated with C-BT

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units) and the Applicant’s pro rata interest in Union Ditch, New Cache La Poudre Ditch and New Cache La Poudre Reservoir waters. For purposes of this water budget analysis, the Applicant will assume ditch loss in the New Cache La Poudre Ditch to be 15% and the Union Ditch 20%. Any supplemental surface water supplies will be quantified on a monthly basis. D. A water budget will be simulated for each farm including surface water deliveries to the farm and soil moisture storage. E. The consumptive use of groundwater will be calculated for each well as the difference between the total irrigation requirement and the portion of the total requirement satisfied by surface water supplies. Consumptive use of Pearson Augmentation Well water will also be calculated. F. Applicant’s farms are all currently flood irrigated. A maximum farm efficiency of 65 percent for flood irrigation will be used in the water budget simulation. Total well pumping will be estimated assuming an application efficiency of 50 percent. G. Timing of depletions and ground water return flows have been estimated as follows using the Stream Depletion Factor (SDF) methodology developed by the U.S.G.S. TABLE 3

Stream Depletion Factor (SDF) Well Permit

Farm Name Well

Pumping Surface Runoff

Deep Percolation

19437-R Pearson 600 0 500 13086-F Auburn 240 0 190 5923-R Buderus 60 0 50

As all wells are relatively close to the river or a natural drainage channel, return flows from the farm to the river are assumed to be 40 percent surface and 60 percent for groundwater. Surface return flows are assumed to return to the river within one month of pumping. H. Out-of-priority depletions to the South Platte River will be replaced at the appropriate times and places. Applicant’s engineer has estimated the wintertime depletions (Nov. – March) that have occurred from the pumping of the wells from November 2002 to March 2003 to be 11.4 acre feet. Applicant has replaced these depletions with fully consumable water provided to the river from the 2002-2004 Exchange of Water Agreement, which releases have been recorded by the City of Longmont to reported to the District 5 water commissioner. In addition, based on the cropping percentages on the three farms from 1998 to 2002, together with river diversion records from the Union Ditch (1969-2002), river diversion records for the New Cache La Poudre Ditch (1992-2002), reservoir releases from the New Cache La Poudre Reservoir (1992-2002), and records of the historical Colorado-Big Thompson quotas (1969-2002), Applicant’s engineer has estimated the stream depletions from the operation of the Applicant’s three wells from April 1, 2003 to March 31, 2004 to be 15.9 acre feet. Applicant intends to utilize the consumptive use credits associated with its GIC shares, its entitlement of fully consumable water from the City of Longmont and augmentation water pumped from the Pearson Augmentation Well to replace water depletions for this year. From April 1, 2003 to March 31, 2004, it is estimated that the operation of this plan will result in a net river gain of 19.62 acre feet. In subsequent years Applicant intends to utilize the consumptive use from its GIC shares, the augmentation water from Pearson Augmentation Well and if necessary other fully consumable water later obtained to replace depletions. If non-irrigation season depletions from the three farm wells (including non-irrigation season pumping of the Pearson Augmentation Well) cannot be satisfied by augmentation water obtained from the Pearson Augmentation Well, Applicant will obtain storage capability for the purpose of storing excess GIC consumptive use water and/or other fully consumable water for later release to replace non-irrigation season depletions. Applicant is in the process of acquiring such storage capability. In addition, augmentation water may be obtained from a recharge site or sites to be located Applicant on Applicant’s property. If such recharge site(s) are utilized, a determination will be made, using SDF factors, as to when such recharged water reaches the South Platte River and thus is available for augmentation, to include the amounts of such water available, the location of availability, and the time of availability. Applicant will make all necessary replacements of materially injurious out-of-priority depletions caused by pumping of the wells under the plan at times when the actual injury is occurring, using for augmentation water the sources identified herein and approved by

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this Court either separately or in combination. Applicant will provide appropriate accounting as to the operation of this plan for augmentation as required by the Division Engineer. 10. Name(s) and address(es) of owner(s) of the land on which structures is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use. The Applicant owns all structures referenced herein except the structures necessary for the measuring and turning back to the river the water associated with Applicant’s GIC shares which structures 03CW250 HOSHIKO FARMS structures are owned by the Greeley Irrigation Company, P.O. Box 445, Greeley, CO 80632. (Application filed via CourtLink) 03CW251 HIGHLANDS PRESBYTERIAN CAMP & RETREAT CENTER, P.O. Box 66, Allenspark, CO 80510 (Lind, Lawrence & Ottenhoff LLP, 1011 11th Avenue, Greeley, CO 80631), Application for Underground Water Right and Approval of Plan for Augmentation, IN BOULDER COUNTY. 2. Name of well: Highlands Camp Well #4. 3. Legal description of well: In the NW¼ of the NE¼ of Section 36, Township 3 North, Range 73 West of the 6th P.M., 320 feet from the North section line and 2050 feet from the East section line, Boulder County, Colorado. 4. a. Source: Aquifer tributary to St. Vrain Creek and its tributaries. b. Depth: 700 ft. 5. a. Date of appropriation: April 9, 2003. b. How appropriation was initiated: Formation of intent to appropriate and site inspection by well driller. c. Date water applied to beneficial use: N/A. 6. Amount Claimed: 15 g.p.m., conditional. 7. If well is non-tributary: N/A. 8. Proposed use: a. If irrigation, complete the following: N/A. b. If non-irrigation, describe purpose fully: Applicant owns and operates Highlands Camp, a church camp, and intends to use the water from the new well for domestic, livestock, and fire protection at the camp. Plan for Augmentation: 9. Name of structure to be augmented: Highlands Camp Well #4. 10. Previous decrees for water rights to be used for augmentation: Applicant has a decreed augmentation plan, Case No. 89CW138, District Court, Water Division No. 1, decree date July 27, 1990. Nothing in this application is intended to amend that decree, and Applicant will continue to be bound by the terms and conditions therein. 11. Statement of plan for augmentation: Applicant owns and operates Highlands Camp, which is located on approximately 248 acres in the South ½ of Section 25 and the North ½ of Section 36, Township 3 North, Range 73 West, 6th P.M., Boulder County, Colorado. The amount of water pumped from Well #4 will not exceed 15 acre-feet per year. Annual consumptive use is calculated to be 1.5 acre-feet, 10% of the amount pumped. A ten percent consumptive use factor is appropriate because the camp’s wastewater will be disposed of through individual, non-evaporative systems, and this factor was used by the Court in Case No. 89CW138. Pumping from Well #4 will be augmented by credits generated under the decreed augmentation plan. Applicant’s augmentation yields more than enough water to fully augment the structures augmented under Case No. 89CW138 plus the additional out-of-priority depletions from Well #4. Paragraph 20 of the decree in that case anticipated that there would be surplus augmentation credits available, and each year to date Applicant has used only a fraction of its credits. Diversions from Well #4 will be added to the accounting required for 89CW138. 12. Name(s) and address(es) of owner(s) of the land upon which the well will be located: Applicant owns the land. (Application filed via CourtLink) 03CW252 ELK RIDGE ESTATES, L.L.C., c/o Peggy E. Montano, Trout, Witwer & Freeman, P.C., 1120 Lincoln St., Denver, Colorado, 80203, (303)-861-1963, Ext. 133. APPLICATION FOR UNDERGROUND WATER RIGHTS, IN DOUGLAS COUNTY. 1. Names, address, and telephone number of Applicant: Elk Ridge Estates, L.L.C., 838-10 Street, Ste. 203, Canmore, Alberta, T1W 2A7, (403)-609-2484. 2. Well permits: Wells for withdrawing the

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groundwater sought to be decreed by this Application have not yet been constructed, nor have applications for well permits been filed with the State Engineer. Prior to constructing any such well, Applicant will apply to the State Engineer for a well permit. The Applicant requests that the Court include in the decree entered in this case a requirement that, in considering applications for any well permits described in this Application, the State Engineer shall be bound by the decree and shall issue permits in accordance with the provisions of C.R.S. ' 37-90-137(10). Applicant also requests that the Court waive the permit requirement that the location of new wells be at a distance of more than six hundred feet from an existing well, as provided in C.R.S. § 37-90-137(2)(b)(I) and 2 C.C.R. 402-7(11)(C)-(D), to the extent this requirement would apply to any then-existing wells or other new wells on the Subject Property. 3. Legal Description of Wells and Subject Property: The property which is the subject of this application is approximately 432.13 acres of land in Sections 30 and 31, T7S, R67W, and Sections 25 and 36, T7S, R68W, all west of the 6th P.M., as shown on the location map in Exhibit A attached hereto and as more particularly described in Exhibit B attached hereto (“Subject Property”). The wells that will withdraw the subject groundwater will be located at any location subject to Section 37-90-137(4). Applicant is the only owner of the Subject Property. 4. Sources of Groundwater: The sources of groundwater underlying the Subject Property include not nontributary groundwater within the Lower Dawson and Denver aquifers, as described in C.R.S. '37-90-103(10.7), and nontributary groundwater within the Denver, Arapahoe and Laramie-Fox Hills aquifers, as described in C.R.S. ' 37-90-103(10.5). Each well will be completed to the bottom of the aquifer into which it is drilled. For the purposes of the decree to be entered in this case, the Applicant will rely on the well depth set forth in any Determination of Facts issued by the State Engineer. The wells will withdraw the subject groundwater at rates of flow necessary to efficiently withdraw the groundwater. Not nontributary groundwater will not be withdrawn until a plan for augmentation is approved by the Court pursuant to C.R.S. ' 37-90-137(9)(c). 5. Date of Appropriation: The groundwater rights sought to be decreed in this case are not governed by the appropriation doctrine. Applicant requests the Court to decree that the rights adjudicated in this case are vested property rights notwithstanding the fact that the groundwater has not yet been diverted and applied to beneficial use. 6. Amount Claimed: Applicant seeks confirmation of its right to withdraw all of the legally available groundwater in the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property. Applicant will not decree 15.5 acre-feet of not nontributary Denver aquifer water underlying the Subject Property for use through exempt wells pursuant to C.R.S. § 37-92-602. Estimates of the average annual amounts of water available from each such aquifer, as indicated below, are based upon the aquifer characteristics established in the Denver Basin Rules, 2 C.C.R. 402.6:

Aquifer Average Saturated

Thickness (feet)

Acreage

Specific Yield Annual Amount

Available

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Lower Dawson 42.8 432 20.0% 37

Denver 491 426 17.0% 356 Arapahoe 336 432 17.0% 247

Laramie-Fox Hills 174 432 15.0% 113

Total 753 Based upon Applicant’s modeling of the hydrogeology of the Subject Property, the status of the groundwater available within the aquifers underlying the Subject Property and the corresponding acreage and average annual amount of available water are as follows:

Aquifer Status Acreage

Annual Amount

Available Lower Dawson Not Nontributary

432 37

Denver Not Nontributary

Nontributary 87 339

73 283

Arapahoe Nontributary 432 247

Laramie-Fox Hills Nontributary 432 113 B. Total NNT

Total NT Total

110 643 753

The Denver aquifer was modeled as not nontributary in Section 25 and nontributary in Sections 36, 30 and 31. The Arapahoe aquifer was modeled as nontributary for the entire property. The Denver aquifer acreage has been decreased by six (6) acres to reflect the impact of an existing pre-213 well off of the property with a maximum pumping rate of 12 gpm and average annual amount of groundwater to be appropriated of 1 acre-foot for the irrigation of one acre of land. A permit for this replacement well, permit number RN-560-RF, was issued to Mrs. Tweet Kimball, owner of Cherokee Ranch, on May 5, 1986. The aforementioned pump rate and volume were obtained from Mrs. Kimball’s statement of beneficial use, dated December 30, 1987. 7. Proposed Uses: The groundwater claimed herein will be used, reused, successively used or otherwise disposed of for municipal, domestic, industrial, agricultural, commercial, irrigation, stock watering, recreation, fish and wildlife, fire protection and other beneficial uses, including augmentation, substitution and exchange, on or off the Subject Property. The waters will be withdrawn through the wells described herein for immediate application to beneficial use, for exchange purposes, for the replacement of depletions resulting from the use of water from other sources and for all other augmentation purposes, including taking credit for all return flows as augmentation for, or as offsets against, out-of-priority tributary depletions. Applicant claims the right to use or re-use to extinction, and/or to

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take return flow credit for, all of the not nontributary and nontributary groundwater which is subject to this Application, subject to the provisions of Rule 8 of the Denver Basin Rules, 2 C.C.R. 402-6, regarding 2% relinquishment of nontributary groundwater and subject to future augmentation requirements of the not nontributary groundwater. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to C.R.S. '' 37-92-302(2) and 37-90-137(6). 9. Additional Wells and Well Fields: Applicant requests the Court’s approval to construct additional, supplemental or replacement wells as are necessary to maintain production levels in each aquifer, to meet water supply demands or to recover the entire amount of groundwater in the subject aquifers underlying the Subject Property without publishing additional notice or filing any additional pleading with the Court. As additional wells are planned, applications shall be filed in accordance with C.R.S. ' 37-90-137(10). Two or more wells constructed into an aquifer shall be considered a well field. In affecting production from such well field, Applicant may produce the entire amount that may be produced hereunder through any combination of wells within the field. 10. Remarks: A. Applicant claims the right to withdraw more than the average annual amount estimated in paragraph 6 above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicant has estimated the amounts of water available for withdrawal from the subject aquifers based on estimates of relative values for specific yield and saturated thicknesses, Applicant requests the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. Legal Description of Subject Property: Parcel 1 - Tracts B, C, D, E, F, G and H: All of the SW 1/4, Section 30, T7S, R67W; A portion of the N 2, NW 1/4, Section 31, T7S, R67W; All of the S 2, SE 1/4, Section 25, T7S, R68W lying East of State Highway No. 105; and All of the NE1/4, Section 36, T7S, R68W lying East of State Highway No. 105. All West of 6th P.M., County of Douglas, State of Colorado, being more particularly described as follows: Beginning at the Center Quarter Corner, said Section 30, thence along the East Line of the SW 1/4, said Section 30, South 00 Degrees, 03 Minutes 01 Seconds East, 2654.38 feet to the South Quarter Corner of said Section 30; thence South 00 Degrees 03 Minutes 01 Seconds East, 317.72 feet; thence South 77 Degrees 59 Minutes 00 Seconds West, 2632.18 feet to a point on the east line of the NE 1/4, said Section 36; thence along the East line of the NE 1/4, said Section 36, South 00 Degrees 25 Minutes 51 Seconds East, 1761.42 feet to the Southeast corner of the North 2 , said Section 36; thence along the South line of the N 2 , said Section 36, South 89 Degrees 45 Minutes 18 Seconds West, 2247.82 feet to the Easterly right of way of State Highway No. 105, also known as Perry Park Road (as determined by the existing centerline of paved surface); Thence along said right of way the following six courses: Thence North 11 Degrees 52 Minutes 23 Seconds West, 308.03 feet; Thence 151.05 feet along a curve to the right which has a radius of 6016.35 feet, a delta of 01 Degrees 26 Minutes 18 Seconds and a chord which bears North 14 Degrees 06 Minutes 45 Seconds West, 151.04 feet; Thence North 13 Degrees 22 Minutes 23 Seconds West, 2119.10 feet; Thence 128.59 feet along a curve to the right which

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has a radius of 1869.86 feet, a delta of 03 Degrees 56 Minutes 25 Seconds and a chord which bears North 11 Degrees 24 Minutes 15 Seconds West, 128.57 feet to a point on the South line of the Southwest 1/4, said section 25; Thence continuing 411.56 feet on a curve to the right which as a radius of 1869.86 feet, a delta of 12 Degrees 36 Minutes 39 Seconds and a chord which bears North 03 Degrees 07 Minutes 43 Seconds West, 410.73; Thence North 03 Degrees 10 Minutes 37 Seconds East, 912.45 feet to a point on the North line of the South 2 of the South 2, said section 25; Thence along the North line of the South 2 of the South 2, said section 25, North 89 Degrees 58 Minutes 42 Seconds East, 2812.03 feet to the Northeast corner of the South 2 of the South 2 said section 25; thence along the West line of the North 2 of the Southwest 1/4, said section 30 North 00 Degrees 08 Minutes 30 Seconds West, 1319.74 feet to the Northwest corner of the Southwest 1/4, said section 30; thence along the North line of the Southwest 1/4, said section 30, North 89 Degrees 42 Minutes 00 Seconds East, 2585.34 feet to the point of beginning. (9 pages) 03CW253 JONATHAN L. AND SHARON E. DURAN, 25875 Noah Ave., Conifer, CO 80433 Application for Underground Water Right, IN JEFFERSON COUNTY. JS Duran Well , located in the SW1/4SW1/4, S12, T6S, R71W, 500’ from S section line and 550’ from W section line. Aspen Park, Lot 3 Block 40 Source: Underground Depth: 200’ Appropriation: April 1971 Amount claimed: <15 gpm Use: Household + irrigation of 1000 sq ft (2 pages + 2 attachments) 03CW254 DAVID A. WAGERS AND ANNETTA SUE WAGERS, (Charles E. Norton, Esq., Icenogle, Norton, Smith and Blieszner, P.C., 821 17th St., Suite 600, Denver, CO 80202) PROTEST TO REVISED ABANDONMENT LIST. Structure: Beaver Farmers Canal and Ditch, IN MORGAN COUNTY. 03CW255 JOHN AND MARGARET HALLAHAN, (Charles E. Norton, Esq., Icenogle, Norton, Smith and Blieszner, P.C., 821 17th St., Suite 600, Denver, CO 80202) PROTEST TO REVISED ABANDONMENT LIST. Structure: Beaver Farmers Canal and Ditch, IN MORGAN COUNTY. 03CW256 SETTLERS LANDING COMMUNITY ASSOCIATION, a Colorado Non-Profit Corporation, Zachary G. Wilson; Liggett, Smith & Williams, P.C., 425 West Mulberry, Suite 112 Fort Collins, CO 80521, Telephone (970) 482-9770, E-mail: [email protected], Fax (970) 482-0339, Attorney Registration: #12608 VERIFIED APPLICATION FOR CHANGE IN WATER RIGHT (CHANGE IN POINT OF DIVERSION) IN WELD COUNTY.

1. Name, address and telephone number(s) (residence and business) of Applicant(s): Settlers Landing Community Association c/o 1520 East Mulberry Street, Suite 160 Fort Collins, Colorado 80524 mailing address: P.O. Box 2382 Fort Collins, Colorado 80524

2. Decreed name of structure for which change is sought (indicate whether ditch, well, springs, reservoir, etc.): Change in point of diversion by combining Settlers Landing wells 6, 16 and 17 into one new well pursuant to well permit number 58306-F; and combining wells 13, 14 and 15 into one new well pursuant to well permit number 58305-F.

3. From previous Decree: a. Date entered: July 30, 1998 Case No. 96 CW 1058 Court: Division 1 Water Court

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b. Decreed point of diversion (include map): Lots located in Settlers Landing Subdivision in Section 35, Township 7 North, Range 67 West of the 6th P.M., Weld County, Colorado and as more particularly described as follows:

Well Permit Number 58306-F: Well Number Location

6 Lot 6, 1380 ft from south section line 1770 ft from east section line 16 Lot 16, 1440 ft from south section line 2170 ft from east section line 17 Lot 17, 950 ft from south section line 2170 ft from east section line

Well Permit Number 58305-F: Well Number Location

13 Lot 13, 2260 ft from south section line 2170 ft from east section line 14 Lot 14, 2000 ft from south section line 2220 ft from east section line 15 Lot 15, 1770 ft from south section line 2210 ft from east section line

c. Source: groundwater d. Appropriation date:

(a) Original source was the well known as 10019-R (RF-192) decreed on January 25, 1972 in Case No. W-1167, District Court (Water Court) Water Division 1 with an original appropriation of December 31, 1935 in the amount of 1.11 cubic feet per second (500 gallons per minute).

(b) Original source from well known as 10018-R (RF-207), decreed on January 25, 1972 in Case No. W-1167, District Court (Water Court) Water Division 1 with original appropriation date of December 31, 1954 in the amount of .44 cubic feet per second (200 gallons per minute).

Amount: (a) 1.1 cubic feet per second (500 gallons per minute). (b) .44 cubic feet per second (200 gallons per minute).

e. Historic use (include a description of all water rights to be changed, a map showing the approximate location of historic use of the rights and records or summaries of records of actual diversions of each right the Applicant intends to rely on to the extent such records exist.) Historically, the land on which the original wells 10019-R (RF-192) and 100180-R (RF-207) were located was a farm consisting of 62 acres of land, of which, approximately 50.9 acres were irrigated by the two wells. NRCS aerial photography confirms the 50.9 acres of irrigated land under production. Records of the Weld County Underground Users Association and of the Cache la Poudre Water Users Association show that these two original wells were under the CLPWUA Augmentation Plan for a yearly amount of 100 acre-feet. The historic pumping on the 50.9 acres of irrigated land averaged 153 acre-feet per year during growing seasons that alternated between hay and corn. The consumptive use from this irrigation and crop production averaged 76.5 acre-feet per year pursuant to the Decree in Case No. 96 CW 1058. These

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original wells were capped and abandoned. Pursuant to the Decree in Case No. 96 CW 1058, the water is currently being used to provide irrigation water to lawns and gardens in the Settlers Landing Subdivision lots.

4. Proposed Change: a. Describe change requested: alternative point of diversion/replacement/change of

use; (if well, please list pertinent information from well permit). Alternative point of diversion for wells 6, 16 and 17 combined into one well under Well Permit No. 58306-F. Alternative point of diversion for wells 13, 14 and 15 into one combined well under Well Permit No. 58305-F.

b. Location: Well Permit Number 58306-F (see attached permit to construct a well):

Well Number Original Location New Location 6 1380 ft fr S Sec Line 1550 ft fr S Sec Line 1770 ft fr E Sec Line 1840 ft fr E Sec Line 16 1440 ft fr S Sec Line 1550 ft fr S Sec Line 2170 ft fr E Sec Line 1840 ft fr E Sec Line 17 950 ft fr S Sec Line 1550 ft fr S Sec Line 2170 ft fr E Sec Line 1840 ft fr E Sec Line

Well Permit Number 58305-F (see attached permit to construct a well): Well Number Location New Location

13 2260 ft fr S Sec Line 2220 ft fr S Sec Line 2170 ft fr E Sec Line 1815 ft fr E Sec Line 14 2000 ft fr S Sec Line 2220 ft fr S Sec Line 2220 ft fr E Sec Line 1815 ft fr E Sec Line 15 1770 ft fr S Sec Line 2220 ft fr S Sec Line 2210 ft fr E Sec Line 1815 ft fr E Sec Line

c. Use: Irrigation water to lawns and gardens. d. Amount:

Well # Location Max Avg Lot Maximum Amt of Pumping Size Irrigated Area Groundwater Rate (gpm) (in acres) (in acres) Allocated in acre/ft 6 Lot 6 30 2.25 1.5 4.5 1380 ft fr S Sec Line 1770 ft fr E Sec Line 16 Lot 16 30 2.25 1.5 4.5 1440 ft fr S Sec Line 2170 ft fr E Sec Line 17 Lot 17 30 2.25 1.5 4.5 950 ft fr S Sec Line 2170 ft fr E Sec Line 13 Lot 13 30 2.25 1.5 4.5 2260 ft fr S Sec Line 2170 ft fr E Sec Line 14 Lot 14, 30 2.25 1.5 4.5 2000 ft fr S Sec Line 2220 ft fr E Sec Line 15 Lot 15 30 2.25 1.5 4.5 1770 ft fr S Sec Line 2210 ft fr E Sec Line

e. Give proposed plan for operation (if [b] through [e] applicable, please give full descriptions): Because of the difficulty of getting the approved wells to function, it is proposed that the wells 6, 16 and 17 be combined to obtain one functioning well at the new location. Similarly, in order to provide for a

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functioning well, the approved wells 13, 14 and 15 will be combined for one operating well at the new location.

Pursuant to the Decree in Case 96 CW 1058, all lots and wells are subject to the Declaration of Covenants, Conditions and Restrictions for Settlers Landing Subdivision, as amended and as recorded in the official records of Weld County. The Declaration contains language that the Declaration shall not be further amended regarding any provision relating to subdivision water, its use or administration, except following resume notice and the Water Division 1 Court’s approval. The Settlers Landing Community Association acts as a water users association in keeping pumping records and to administer the small wells located in the subdivision. Upon approval of this application, the approved wells 6, 16 and 17 shall not be operated but shall be replaced as a combined well located at the new location. Similarly, the approved wells 13, 14 and 15 will not be operated but shall be combined into one well at the new location. The new well pursuant to Permit 58306-F will be designated as combined Well 6/16/17-A. The new well pursuant to Permit 58305-F will be designated as combined Well 13/14/15-A.

Well Permit Number 58306-F (see attached permit to construct a well): Well Number New Location

6/16/17-A 1550 ft fr S Sec Line 1840 ft fr E Sec Line

Well Permit Number 58305-F (see attached permit to construct a well): Well Number New Location

13/14/15-A 2220 ft fr S Sec Line 1815 ft fr E Sec Line

Well # Max Avg Lot Existing Maximum Amt of Pumping Size or New Irrigated Area Groundwater Rate (gpm) (in acres) (in acres) Allocated in acre/ft 6/16/17-A 75-80 2.25 New 6.75 13.5 13/14/15-A 60-65 2.25 New 6.75 13.5

5. Name(s), address(es) of owner(s) of land on which structure(s) is (are) located: Well # Lot # Owners Address 17 17 Michael J. Flynn and 401 Immigrant Trail Brenda M. Flynn Severance, CO 6 6 John B. Peach 308 Immigrant Trail Severance, CO 13 13 W. Richard Lawrence and 301 Immigrant Trail Deborah S. Lawrence Severance, CO 14 14 Michael J. Jaques and 303 Immigrant Trail Heather S. Jaques Severance, CO 15 15 Anthony Aragon and 305 Immigrant Trail Gloria Aragon Severance, CO 16 16 Sean Reed and 307 Immigrant Trail Charlotte Reed Severance, CO

6. None of wells are exempt from the rules and regulations of the State Engineer, nor are any of the wells exempt wells as defined in § 37-92-2602, C.R.S.

7. The new points of diversion will be included in a decreed plan for augmentation or substitute supply plan approved by the Division Engineer. In conformance with C.R.S. 37-92-305(8), the State Engineer shall curtail all of the applicant’s out-of-priority diversions, the depletions from which are not replaced as provided herein.

8. Such measuring devices shall be installed and maintained, and such records shall be maintained and provided to the Division Engineer, as the Division Engineer may require for administration of this change of water right.

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03CW257 BENNETT ESTATES, LLC, 2442 South Downing St., Denver, Colorado, 80210, (303) 573-0067. (P. Andrew Jones, Lind, Lawrence & Ottenhoff, LLP, 1011 11th Avenue, Greeley, CO 80631; (970) 356-9160) Application for Underground Water Rights From The Laramie Fox-Hills Aquifer, Cheyenne Basin, IN WELD COUNTY 2. Well Permit: Applicant will apply for well permits from the State Engineer. 3. Legal Description of Land Upon Which Wells Will Be Located: 1040.61 acres located in Sections 8 and 19, Township 8 North, Range 64 West of the Sixth P.M., as more specifically set for in Exhibits “A,” “B,” and “C” attached hereto. 4. Source: Not Non-Tributary Laramie Fox-Hills Aquifer, Cheyenne Basin, underlying the property. 5. Depth: Will be based upon existing data available to the Office of the State Engineer. 6. Applicant has been appointed by owner as their representative to obtain Decree. A copy of the appointment is attached to this Application as Exhibit “D.” 7. Amount Claimed: Applicant claims all of the ground water in the Laramie Fox-Hills aquifer underlying the property. The estimated average annual amount available is 114.6 acre feet for the Laramie-Fox Hills Aquifer. This amount may vary up or down depending upon the Determinations of Fact filed by the State Engineer and the actual aquifer characteristics underlying the property. 8. Proposed Use: The ground water in the Laramie Fox-Hills aquifers will be used, reused, successively used, leased, sold, or otherwise disposed of for the following beneficial purposes: municipal, domestic, industrial, commercial, irrigation, stock watering, recreational, fish and wildlife, fire protection, and all other beneficial uses both on and off the property. Said water will be produced for immediate application to said uses, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 9. Replacement: Applicant will replace 4% of the annual pumping from the Laramie Fox-Hills aquifer by means of septic system returns. 10. Remarks: a. Applicant claims the right to withdraw more than the average annual amount estimated above or decreed in this case pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. b. Although Applicant has estimated the amounts of water available for withdrawal from beneath the property using currently available data from the Denver Basin Rules, Applicant requests the right to revise the average annual amount of withdrawal upward or downward, based on better or revised data including the Determinations of Fact filed by the State Engineer in this case, without the necessity of amending or republishing this Application. c. Applicant intends by this application to establish and quantify its rights to all ground water in the Laramie Fox-Hills underlying the property and Applicant believes all such ground water lies within the Laramie Fox-Hills aquifer. 11. Applicants requests a Decree that: a. The ground water from the Laramie Fox-Hills is not nontributary. b. Applicant has the vested right to use all of the ground water in the Laramie Fox-Hills aquifer underlying the property for the uses described herein. c. The Court will retain jurisdiction with respect to the average annual amount of withdrawal to provide for the adjustment of such amount to confirm to actual aquifer

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characteristics obtained from wells or test holes drilled on or near the property, pursuant to §37-95-305(11), C.R.S. (Application filed via CourtLink)

2003CW258 (W-8033-75) COLONY INVESTMENTS, INC., 9800 Mt. Pyramid Ct., 4th Floor, Lone Tree, CO 80112 (303) 256-5778, Application for Changes of Nontributary Ground Water Rights, IN DOUGLAS COUNTY. Please send all correspondence to: Stephen H, Leonhardt, BURNS, FIGA & WILL, P.C., 6400 S. Fiddlers Green Circle, Suite 1030, Englewood, CO 80111, (303) 796-2626, [email protected], 2. Aquifer and Location of Groundwater; Ownership of Wells and Land: i. The property involved in this application is located in parts of Sections 13, 14, 15, 21, 22, 23, and 24, T6S, R67W, 6th P.M., consisting of 3,514 acres. Applicant owns the ground water rights previously decreed in connection with these lands, including those which are the subject of this application. ii. The water rights described below are decreed to be withdrawn from the nontributary Arapahoe aquifer (and, in two instances, the nontributary Denver Aquifer) underlying certain lands located in Douglas County, Colorado. The existing wells are located in Sections 13, 14, 15, 21, 22, 23, and 24, T6S, R67W, 6th P.M., as more particularly described in the following paragraph. Applicant owns the wells and the water rights. Applicant owns most of the subject lands described above, and has retained ownership of the wells and water rights located on others’ lands. The table in paragraph 4 summarizes the annual volumes available under prior decrees. No part of the acreage from which the water will be withdrawn lies within a designated ground water basin. No claim is made herein for any volumes of water in addition to those previously decreed. 3. Purpose of Application: The purpose of this Application is to correct the decreed point of diversion for Well No. RRC-1; to adjudicate certain specified future additional, replacement, supplemental and/or alternate point of diversion wells; and to confirm Colony’s right to withdraw certain volumes of water annually from the Arapahoe Formation pursuant to the decreed rights described below through any or all of such future wells and the existing wells described in paragraph 4.C. A map showing the current well locations and proposed alternate points of diversion is attached as “Exhibit A”. 4. Description of Current Decreed Wells and Water Rights for which Changes are Sought: A. Initial Decree: Wells RRC-1 through RRC-12, as described below, were initially decreed in Case No. W-8033-75 (Water Division 1). i. Adjudication Date: May 31, 1977 ii. Appropriation Date: December 6, 1972 for all wells. B. Previous Enlargement and Change Decrees: Wells RRC-6 and RRC-7 received a decree for enlargement in Case No. 83CW333, decree entered on June 24, 1985. Colony’s interest in the water right initially decreed to Well RRC-4 was changed to wells RRC-6 and RRC-7 as alternate points of diversion, in addition to the amounts previously decreed to those wells, by decree in Case No. 98CW459, decree entered on June 21, 2000. C. Existing decreed locations and decreed amounts: The water rights for Well Nos. RRC-1 through RRC-12 have been previously decreed as follows. All amounts are decreed for withdrawal of Arapahoe Formation groundwater, except for Well Nos. RRC-1 & RRC-2 which are dually completed and decreed in both the Denver and Arapahoe Aquifers, with permitted amounts of water available from each aquifer as indicated below: WELL PERMIT LOCATION SOURCE DECREED AMOUNT/

FLOW RATE RRC-1 018734F/

018742F SE ¼ of SE ¼ of Sec 13, T6S, R67W, 6th P.M., Douglas County, Colorado, 950 ft. N. and 675 ft. W. of the SE corner of said Sec. 13

Denver & Arapahoe

400 a.f./yr., 0.67 c.f.s. (of this volume, the well permits show 180 a.f./yr. attributable to the Arapahoe Formation, and 220 a.f./yr. attributable to the Denver Formation)

RRC-2 018732F/018737F

SE ¼ NE ¼ of Sec. 15, T6S, R67W, 6th P.M., 2125 ft. S. and 525 ft. W. of NE corner of Sec. 15

Denver & Arapahoe

420 a.f./yr., 0.67 c.f.s. (of this volume, the well permits show 200 a.f./yr. attributable to the Arapahoe Formation, and 220 a.f./yr. attributable to the Denver Formation)

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WELL PERMIT LOCATION SOURCE DECREED AMOUNT/ FLOW RATE

RRC-3 018731F NW ¼ of NW ¼ of Sec. 15, T6S, R67W, 6th P.M., 100 ft. S. and 200 ft. E. of the NW corner of said Sec. 15

Arapahoe 240 a.f./yr., 0.67 c.f.s.

RRC-4 018733F NE ¼ of NE ¼ of Sec. 14, T6S, R67W, 6th P.M., 148 ft. S. and 1218 ft. W. of the NE corner of said Sec. 14 (See Note 1 below)

Arapahoe 125.8 a.f./yr., 0.78 c.f.s. (See Note 1 below)

RRC-5 018724F NE ¼ of NE ¼ of Sec. 13, T6S, R67W, 6th P.M., 150 ft. S. and 150 ft. W. of the NE corner of said Sec. 13



Arapahoe 462.3 a.f./yr., 0.67 c.f.s. (See ¶ 4.E below)


Arapahoe 472.3 a.f./yr., 0.67 c.f.s. (See ¶4.E below)



RRC-9 018730F SW ¼ of SE ¼ of Sec. 21, T6S, R67W, 6th P.M., 50 ft. N. and 2100 ft. W. of the SE corner of said Sec. 21


RRC-10

018728F SW ¼ of SE ¼ of Sec. 22, T6S, R67W, 6th P.M., 400 ft. N. and 1650 ft. W. of the SE corner of said Sec. 22


RRC-11

018726F SW ¼ of SE ¼ of Sec. 23, T6S, R67W, 6th P.M., 450 ft. N. and 2000 ft. W. of the SE corner of said Sec. 23


RRC-12

018723F SE ¼ of SE ¼ of Sec. 24, T6S, R67W, 6th P.M., Douglas County, Colorado, 650 ft. N. and 950 ft. W. of the SE corner of said Sec. 24


Note 1: Well RRC-4 was decreed in Case No. W-8033-75 to divert 425 a.f./yr.. By subsequent agreement with Meridian Metropolitan District, Colony’s ownership in this water right is limited to 125.8 a.f./yr., A previous change of water rights for Colony’s interest in Well RRC-4 was decreed in Case No. 98CW459. The decree in Case No. 98CW459 also corrected the location for Well RRC-4 (as decreed in Case No. W-8033-75) to reflect the actual surveyed location as set forth above.

D. Well Permits: Well permits for the above-referenced wells have been issued, as described in the above table. Permit applications will be filed for the additional locations sought in this proceeding. E. Previous Changes: Wells RRC-6 and RRC-7 were decreed for enlargement in the Case No. 83CW333 (Water Division No. 1), decree entered on June 24, 1985, and subsequently were decreed as alternate points of diversion for 125.8

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a.f./yr. from Well No. RRC-4 in Case No. 98CW459 (Water Division 1), decree entered on June 21, 2000. All amounts shown are decreed for nontributary Arapahoe Formation ground water. The decrees, amounts and locations for each of these wells are as follows:

Well Initial Decreed Amounts W-8033-75 (Pumping rates – See Note 1)

Enlargement Decree, 83CW333 (See Note 3)

Change Decree 98CW459

TOTAL DECREED CURRENTLY

RRC-4 425 a.f./yr., 0.78 c.f.s.

N/A 125.8 a.f./yr (may withdraw through alternate points or replacement well for RRC-4)

See Note 2 below

RRC-6 180 a.f./yr., 0.67 c.f.s.

156.5 a.f./yr enlargement; 0.67 c.f.s

125.8 a.f./yr. (from RRC-4)

462.3 a.f/yr (See Note 3 below)

RRC-7 190 a.f./yr., 0.67 c.f.s.

156.5 a.f./yr enlargement; 0.67 c.f.s

125.8 a.f./yr. (from RRC-4)

472.3 a.f/yr (See Note 3, below)

Note 1: The pumping rates decreed for Wells RRC-6 and RRC-7 in Case Nos. W-8033-75 and 83CW333 are 300 gallons per minute (0.67 cfs) for each well. Pursuant to the Decree in Case No. 98CW459, Applicant may exceed any pumping rates decreed or estimated for Wells RRC-6 and RRC-7 in Case Nos. W-8033-75 and 83CW333, to the extent necessary to obtain its full entitlement of ground water as decreed therein, provided that Applicant obtains a well permit for each well which allows such pumping rate. Note 2: Well RRC-4 was decreed in Case No. W-8033-75 to divert 425 a.f./yr.. By subsequent agreement with Meridian Metropolitan District, Colony’s ownership in this water right is limited to 125.8 a.f./yr., A previous change of water rights for Colony’s interest in Well RRC-4 was decreed in Case No. 98CW459. Note 3: Well Nos. RRC-6 and RRC-7 may be operated as alternate points of diversion (a) pursuant to the Decree in Case No. 83CW333 for the 313 a.f./yr. of enlargement water, and (b) pursuant to the decree in Case No. 98CW459 for Applicant's portion of the ground water previously decreed to Well RRC-4. As decreed in Case No. 98CW459, a total of 808.8 a.f. per yr. under the rights previously decreed to the three wells described in ¶4.E. may be withdrawn through wells RRC-6 and RRC-7, through any permitted replacement well for Well RRC-4, and through such additional wells as may be required in order to maintain the decreed annual appropriation. Pursuant to the decree in case No. 83CW333, Well Nos. RRC-6 and RRC-7 are decreed as alternate points of diversion for each other’s enlargement water rights (313 a.f./yr combined) provided that (a) the annual withdrawal for each well shall not exceed 125% of the annual enlargement quantity decreed to each such well, (b) in any 5 yr. period the total amount of this enlargement water pumped from any one well shall not exceed 5 times the annual enlargement appropriation decreed to each such well, and (c) the total amount of the enlargement water withdrawn from the Arapahoe Formation in any one yr. by these two wells shall not exceed 313 a.f.. The 313 a.f./yr. of enlargement water rights may be withdrawn through Well Nos. RRC-6 and RRC-7, and through such additional wells as may be required in order to maintain the annual enlargement appropriation. CLAIM I 5. Correction of Point of Diversion: Well No. RRC-1 has been permitted and drilled. A recent survey of the well location indicates that the well is drilled more than 200 feet from its decreed location. The well is decreed as described above in paragraph 4.C. Colony requests a change to the decree for this well to reflect the following actual surveyed location: WELL# ACTUAL LOCATION RRC-1 SE ¼ of SE ¼ of Sec. 13, T6S, R67W, 6th P.M., 736 ft. N. and 746 ft. W. of the SE

corner of said Sec. 13 CLAIM II 6. Colony seeks to obtain confirmation of the right to construct and use additional, replacement, supplemental and/or alternate point of diversion wells as described below:

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WELL# ADDITIONAL WELL LOCATION RRC-2 (A) SE1/4 SE1/4 of Sec. 15, Township 6 South, Range 67 West, 6th P.M., 754 ft. N. and

1304 ft. W. of the SE corner of said Sec. 15. RRC-3 (A) NW1/4 NW1/4 of Sec. 15, Township 6 South, Range 67 West, 6th P.M., 925 ft. S. and

28 ft. E. of the NW corner of said Sec. 15. RRC-3 (B) SE1/4 NW1/4 of Sec. 15, Township 6 South, Range 67 West, 6th P.M., 2158 ft. S. and

1328 ft. E. of the NW corner of said Sec. 15. RRC-3 (C) NW1/4 SW1/4 of Sec. 15, Township 6 South, Range 67 West, 6th P.M., 1948 ft. N. and

1223 ft. E. of the SW corner of said Sec. 15. RRC-5 (A) NE1/4 NE1/4 of Sec. 13, Township 6 South, Range 67 West, 6th P.M., 485 ft. S. and

216 ft. W. of the NE corner of said Sec. 13. RRC-7 (A) NE1/4 NW1/4 of Sec. 23, Township 6 South, Range 67 West, 6th P.M., 958 ft. S. and

1359 ft. E. of the NW corner of said Sec. 23. 7. Additional, Supplemental and/or Replacement Wells: Colony and its predecessor have developed, and Colony will continue to construct, a municipal water system over a period of several years, constructing its wells as required by development. In addition to the wells described above, Colony may construct additional, supplemental and/or replacement wells in order to maintain levels of production, to meet municipal water supply systems demands, or to recover the entire amount of Arapahoe aquifer water decreed to the described wells. Any well drilled within 200 feet of a decreed location will be deemed to be constructed at the decreed well location pursuant to the permit and this decree. As additional wells are planned, application will be made in accordance with C.R.S. § 37-90-137(10), for an appropriate permit. The total annual amount of water withdrawn through all Arapahoe formation wells pursuant to this decree will not exceed the previously decreed total annual amount of 2,954 a.f. CLAIM III 8. Annual Withdrawal Amounts: Colony seeks to withdraw an annual average total of 2,954 a.f. of water annually from the Arapahoe Formation pursuant to the decreed rights described above through any or all of the above-described wells, together with any additional, replacement, supplemental and/or alternate point of diversion wells decreed or permitted for such wells, in normal and maximum annual amounts as shown in the following table. For each well, the normal annual withdrawal amount is based on the previously decreed amount described above (with Colony’s RRC-4 amount divided between Well Nos. RRC-6 and RRC-7). A larger withdrawal amount from each well, as shown below, may only be withdrawn in one of every five consecutive yrs. The currently decreed legal description of the location of each well, and the permit number for each existing well, is as described above in ¶¶ 4.C., 5 and 6.

Normal Annual Withdrawal Maximum 1 yr. out of 5 (See Notes 1 and 2) Colony

Well No. Source af/yr. Pumping Rate af/yr. Pumping Rate

RRC-1 Arapahoe 180 0.67 c.f.s. (300 gpm) 424 300 gpm RRC-2 Arapahoe 200 0.67 c.f.s. (300 gpm) 424 300 gpm RRC-3 Arapahoe 240 0.67 c.f.s. (300 gpm) 424 300 gpm RRC-5 Arapahoe 190 0.67 c.f.s. (300 gpm) 424 300 gpm RRC-6 Arapahoe 399 0.67 c.f.s. (300 gpm) 501.4 300 gpm RRC-7 Arapahoe 410 0.67 c.f.s. (300 gpm) 511.4 300 gpm RRC-8 Arapahoe 240 0.67 c.f.s. (300 gpm) 424 300 gpm

RRC-9 Arapahoe 190 0.67 c.f.s. (300 gpm) 424 300 gpm RRC-10 Arapahoe 240 0.67 c.f.s. (300 gpm) 424 300 gpm

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RRC-11 Arapahoe 240 0.67 c.f.s. (300 gpm) 424 300 gpm RRC-12 Arapahoe 425 0.78 c.f.s. (350 gpm) 425 350 gpm

Note 1: The combination of wells pumping shall not exceed 2954 a.f./yr. from the Arapahoe Aquifer. The combination of any two of the Colony Wells RRC-2, RRC-3 and RRC-5 will not exceed 800 a.f./yr. from the Arapahoe Aquifer in a normal yr., with the third well continuing to pump the decreed rate. Note 2: The maximum annual amounts shown are those currently allowed by the decrees in Case Nos. 83CW333 and 98CW459 for wells RRC-6 and RRC-7, including the provision in 83CW333 for maximum annual withdrawal through each well of up to 125% of the first enlargement amount decreed therein. As decreed in Case No. 98CW459, combined pumping of wells RRC-6 and RRC-7 is limited to a maximum of 808.8 a.f. per yr. CLAIM IV 9. Dually Decreed Wells: Well Nos. RRC-1 and RRC-2 were permitted and decreed to withdraw water from the Denver and Arapahoe Aquifers. The decreed flow rates and volumes from these two wells are to be amended to reflect the amount that each of the two aquifers contributes to the flow rate and volume of flow of each well, as reflected in the permits for each wells. The above listed additional, replacement, supplemental and/or alternate points of diversion for Wells Nos. RRC-1 and RRC-2 reflects the Arapahoe Aquifer contribution for these two wells. The original dually decreed flow rates and volumes, to the extent permitted for withdrawal from the Denver Aquifer, are not assigned to the Arapahoe Aquifer pursuant to this application and will be available for withdrawal from the Denver Aquifer via new Denver Aquifer wells drilled within 200 feet of the original well locations, through the initially decreed dually completed wells (or any replacement thereof within 200 feet of its current decreed location), or through any additional, replacement, supplemental and/or alternate point of diversion wells in the Denver Aquifer that may be permitted or decreed in the future for Wells Nos. RRC-1 and RRC-2. OTHER 10. Use of Water: Arapahoe Formation groundwater from Well Nos. RRC-1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 has been decreed for municipal purposes. The Decrees in Case Nos. 83CW333 and 98CW459 state that these municipal purposes include domestic, industrial, agricultural, commercial, irrigation, stock watering, recreation, and fire protection uses, as well as storage for subsequent application to beneficial use, replacement of depletions resulting from use of water from other sources, and exchange and augmentation purposes. These purposes will not be changed by this application. 11. Pumping Rates: The pumping rates decreed for Wells RRC-1 through 12 are decreed in Cases Nos. W-8033-75, 83CW333 and 98CW459 for each well as described above. Applicant may exceed any pumping rates decreed or estimated for Wells RRC-1 through 12 in Case Nos. W-8033-75, 83CW333 and 98CW459 or in this application, to the extent necessary to obtain its full entitlement of ground water as decreed herein, provided that Applicant obtains a well permit for each well which allows such pumping rate. 12. The wells described herein, and the waters decreed to these wells will be utilized within a single water system, pursuant to Statewide Nontributary Rule 14, 2 C.C.R. 402-7. Well Nos. RRC-6 and RRC-7 were previously decreed as alternate points of diversion in Case No. 83CW333 for the first enlargement of those two wells, and in Case No. 98CW459 for 125.8 a.f. per yr. previously decreed to Well RRC-4. Colony seeks the right to further operate its wells as alternate points of diversion for one another, to the extent set forth above. 13. In addition to the wells described above, Applicant or its successor may construct additional and replacement wells for Well Nos. RRC-1 through 12, in conformance with C.R.S. § 37-90-137(10) and Statewide Nontributary Rule 12, 2 C.C.R. 402-7, in order to maintain levels of production, to meet municipal water supply system demands, or to recover the entire amount of Arapahoe aquifer water decreed to the described wells. Applicant will apply to the State Engineer for permits for such additional and replacement wells. TERMS, CONDITIONS AND LIMITATIONS 14. Pursuant to an agreement with Meridian Metropolitan District and Meridian Associates West, Colony has agreed to the following limitations for any decree approved pursuant to this application: A. Colony may withdraw an annual average total of 2,954 a.f. from the Arapahoe aquifer, subject to combined annual limits and related provisions of its previous decrees, including but not limited to any right under such previous decrees to withdraw additional amounts based on banking or retained jurisdiction to adjust amounts. B. If supplemental wells are needed to pump Colony’s full appropriation, then such supplemental wells may be drilled no closer than half the distance from Colony’s existing Well RRC-2, RRC-3, RRC-5 or RRC-6 to the Colony/Meridian property

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boundary, and may pump at up to half the decreed annual appropriation and pumping rate of such existing well. C. In no more than one yr. out of every five, for each of Wells RRC-2, RRC-3, and RRC-5, Colony may withdraw a maximum of 424 a.f. from the Arapahoe Aquifer at 300 gallons per minute. D. In all other years, Colony may withdraw a maximum of 800 a.f. combined from the Arapahoe Aquifer from any two of Wells RRC-2, RRC-3 and RRC-5, with the remaining Colony wells continuing to pump their decreed amounts consistent with Paragraph 8 above. 15. Pursuant to a stipulation between Colony and the Parker Water & Sanitation District, (“Parker”) dated May 22, 2000, in Case No. 1999CW006 (“Stipulation”), the following conditions shall apply to Colony’s location and pumping of wells in areas where Colony and Parker’s common borders are within close proximity to each other (i.e., Sections 13 and 24 of Township 6 South, Range 67 West for Colony). These conditions will apply even if one, or both, parties and their land positions (as defined in the Stipulation) change in the future: A. Colony shall not locate its Denver Basin aquifer wells closer than 1,000 feet to the exterior boundary of Parker’s land position. B. The maximum annual production from any single Arapahoe aquifer well that is located between 1,000 feet and 2,500 feet from the exterior boundary of Parker’s land position shall not exceed 800 a.f./yr. C. Any Denver Basin aquifer wells located between 1,000 feet and 2,500 feet from the exterior boundary of Parker’s land position will have a minimum spacing of 1,000 feet from any other Denver Basin aquifer well completed in the same formation by Colony. This restriction does not apply to other interior wells. (14 pages) 00CW226 CITY OF BOULDER, P. O. Box 791, Boulder, Colorado 80306-0791, (303) 441-3200 (Veronica A. Sperling, Moses, Wittemyer, Harrison and Woodruff, P.C., P. O. Box 1440, Boulder, Colorado 80306-1440). AMENDMENT TO APPLICATION FOR APPROVAL OF APPROPRIATIVE RIGHT OF SUBSTITUTION AND EXCHANGE, IN BOULDER COUNTY. Name of appropriative right of substitution and exchange: Windy Gap Exchange. Description of substitution and exchange: Pursuant to §§ 37-80-120, 37-83-104 and 37-92-302(1)(a), C.R.S., Boulder seeks adjudication of an appropriative right of substitution and exchange on Boulder Creek, Middle Boulder Creek and North Boulder Creek, whereby water available to Boulder from its 37 units of Windy Gap Project water is delivered to Boulder Creek at the outlet of the Boulder Creek Supply Canal to supply downstream appropriators, and an equivalent amount of water is diverted from Middle Boulder Creek at Barker Meadow Reservoir and/or Boulder City Pipeline #3 and/or from North Boulder Creek at Lakewood Pipeline, Silver Lake Pipeline, Silver Lake Reservoir, Island Lake, Goose Lake, Lake Albion, Green Lakes Reservoir #1, Green Lakes Reservoir #2, and/or Green Lakes Reservoir #3, for direct use or for storage for subsequent use by Boulder for the uses described in paragraph 7 of the original application. The substitution and exchange reach on Boulder Creek/Middle Boulder Creek is between the outlet of the Boulder Creek Supply Canal, as described in paragraph 4.A. of the original application, and Barker Meadow Reservoir, as described in paragraph 4.B. of the original application, and on Boulder Creek/North Boulder Creek is between the outlet of the Boulder Creek Supply Canal, as described in paragraph 4.A. of the original application, and Goose Lake and Green Lakes Reservoir #3, as described in paragraphs 4.H. and 4.L. of the original application. Location of structures to which the amendment applies (all in Boulder County, Colorado): Boulder Creek Supply Canal: The outlet of the Boulder Creek Supply Canal is located on the north bank of Boulder Creek in the NW1/4 SW1/4, Section 13, Township 1 North, Range 70 West, 6th P.M., at a point located approximately 200 feet from the west

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section line and 2,500 feet from the south section line of said Section 13. Barker Meadow Reservoir: Barker Meadow Reservoir is located on the mainstem of Middle Boulder Creek in the W1/2 of Section 17 and in Section 18, Township 1 South, Range 72 West, of the 6th P.M., and in the E1/2 of Section 13, Township 1 South, Range 73 West, of the 6th P.M. Amendments to application: Paragraph 5.C. of the application filed herein on December 21, 2000, is amended to read as follows: C. Date water applied to beneficial use: The subject exchange was operated to Barker Meadow Reservoir from May 31, 2001 through June 4, 2001, at a maximum rate of 92 cfs. The water stored by exchange in Barker Meadow Reservoir was placed to beneficial use beginning March 6, 2003 and continuing through March 31, 2003. Paragraph 6 of the application filed herein on December 21, 2000 is amended to read as follows: 6. Amount claimed: 200 cfs maximum rate of diversion at any one or a combination of the exchange-to structures described in paragraph 4 of the original application, 92 cfs of which is absolute for diversion at Barker Meadow Reservoir and the remainder of which is conditional. In all other respects, the application filed on December 21, 2000, remains as originally filed and published. All statements of opposition previously filed in this case shall be deemed to also apply to the amendment to the application. (4 pages) 02CW19 SIERRA VISTA ESTATES, 1380 17th Street, Denver, Colorado, 80202, (303) 573-0067 C/O Kim R. Lawrence, Lind, Lawrence & Ottenhoff, LLP, 1011 11th Avenue, Greeley, CO, 80631. Amendment to Application for Underground Water Rights from the Laramie Fox-Hills and Lower Arapahoe in the Denver Basin, IN WELD COUNTY. 2. Legal Description of Land Upon Which Wells Will Be Located is amended to add to following Lots to those set out in the Application: Lots 3 & 4, Block 71; Lots 3, 4, 5, 6, Block 74. All being a part of the THIRD FILING ARISTOCRAT RANCHETTES, A SUBDIVISION OF WELD COUNTY, STATE OF COLORADO, being a part of Section 26 & 27, Township 2 North, Range 66 West of the 6th Principal Meridian. The entire parcel of all Lots, as amended, contains 139.9558 acres. 3. Source: Laramie Fox-Hills, non-tributary and Lower Arapahoe, not-non tributary aquifers underlying the property. (Filed via CourtLink) 2003CW031 Patricia Ann Nolta, 1288 Coyote Trail, Woodland Park, CO 80863, (719) 687-2011. APPLICATION FOR UNDERGROUND WATER RIGHTS, IN TELLER COUNTY. Name and Address of Applicant: Attorneys for Applicants: FELT, MONSON & CULICHIA, L.L.C., James G. Felt, #4369, 319 North Weber, Colorado Springs, Colorado 80903, (719) 471-1212. 2. Application for Underground Water Rights: A. Name of Well(s): Nolta Well. B. Legal Description: The well is located in the SW ¼ SW ¼, Section 22, Township 12 South, Range 69 West of the 6th PM being 660 feet from the south section line and 1316 feet from the west section line of said Section 22, Teller County, Colorado. The well is located in Lot 43 of the Aspen Hills subdivision. C. Source: Tributary groundwater of an unnamed drainage, tributary to Trout Creek, tributary to Horse Creek, tributary to the South Platte River. The depth of

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the well is 175 feet. D. Appropriation: (a) Date of Initiation of Appropriation: December 10, 1979; (b) How Appropriation Was Initiated. By the filing of an exempt household use only well permit no. 112486 with the Colorado Division of Water Resources on December 10, 1979 together with Applicant’s intent to appropriate the water from the well and apply the water to beneficial use; (c) Date Water Applied to Beneficial Use: June 16, 1980. E. Amount Claimed: 15 g.p.m. absolute. F. Use: In-house use only as per permit no. 112486. G. Land Ownership. The land upon which Nolta Well is located is owned by the

Applicant. H. Additional Information. The well which is the subject of this application is an

exempt well under C.R.S. § 37-92-602 and a decree for these exempt wells is sought pursuant to C.R.S. § 37-92-602(4). WHEREFORE, the Applicant requests that this Application for Underground Water Rights be granted as requested herein. 2003CW034 Steve and Cynthia Stcynske, 2 Pinecrest Road, Woodland Park, CO 80863, APPLICATION FOR UNDERGROUND WATER RIGHTS, IN TELLER COUNTY. (719) 687-8576. Attorneys for Applicants: FELT, MONSON & CULICHIA, L.L.C., James G. Felt, #4369, 319 North Weber, Colorado Springs, Colorado 80903, (719) 471-1212. Application for Underground Water Rights: A. Name of Well(s): Stcynske Well. B. Legal Description: The well is located in the NE ¼ NW ¼, Section 27, Township 12 South, Range 69 West of the 6th PM being 1,155 feet from the north section line and 1,821 feet from the west section line of said Section 27, Teller County, Colorado. The well is located in Lot 2 of the Aspen Hills subdivision. C. Source: Tributary groundwater of an unnamed drainage, tributary to Trout Creek, tributary to Horse Creek, tributary to the South Platte River. The depth of the well is 200 feet. D. Appropriation: (a) Date of Initiation of Appropriation: March 8, 1972, (b) How Appropriation Was Initiated. By the filing of an exempt domestic well permit no. 53287 with the Colorado Division of Water Resources on March 8, 1972 together with Applicant’s intent to appropriate the water from the well and apply the water to beneficial use. (c) Date Water Applied to Beneficial Use: April 12, 1972; E. Amount Claimed: 15 g.p.m. absolute. F. Use: Domestic use as per permit no. 53287. G. Land Ownership. The land upon which Stcynske Well is located is owned by the Applicant. H. Additional Information. The well which is the subject of this application is an exempt well under C.R.S. § 37-92-602 and a decree for these exempt wells is sought pursuant to C.R.S. § 37-92-602(4). WHEREFORE, the Applicant requests that this Application for Underground Water Rights be granted as requested herein. 03CW130 RICKY ALLEN HILL, 14755 Picadilly Rd., Brighton, CO 80603. Amended Application for Water Storage Right, IN ADAMS COUNTY. Hill Ranch Reservoir, located in the NE1/4SE1/4, S14, T1S, R66W, 2213’ from S section line and 957’ from E section line. Source: Underground Spring/Seep Appropriation: Pre 1966 Amount claimed: 1AF Use: Non-irrigation,

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livestock water supply, recreation, fish pond, water feature and fire prevention. (2 pages + 2 attachments) 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 80634, 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 August 2003 (forms available at Clerk’s Office), and must be filed as Original with triplicate copies and to include $70.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.

Documents

June 2003 resume - CO Courts · JUNE 2003 WATER RESUME TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are notified that the following