March 2005 FINAL resume - CO Courts · MARCH 2005 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

March 2005 Resume Page 1 of 50

DISTRICT COURT, WATER DIVISION 1, COLORADO MARCH 2005 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 MARCH 2005 for each County affected. 05CW046 THE PEOPLE OF COLORADO, ex rel. Harold D. Simpson, State Engineer for the State of Colorado, and James R. Hall, Division Engineer for Water Division 1 v. Defendant: Fred L. Hamilton, VERIFIED COMPLAINT FOR INJUNCTIVE RELIEF, COSTS AND PENALTY. 05CW047 MARLIN AND SHIRLEY NESS, 501 East 27th Street, Greeley, CO (970-353-6476). c/o Kim R. Lawrence, Lind, Lawrence & Ottenhoff, LLP, 1011 11th Avenue, Greeley, CO, 80631, (970)356-9160. APPLICATION FOR CHANGE OF WATER RIGHTS AND PLAN FOR AUGMENTATION, IN WELD COUNTY. 2. Change of Water Right. Greeley Irrigation Company (2 shares). 2.1 Previous Decree. A decree was entered in Civil Action No. 320 in the District Court, County of Larimer, State of Colorado on April 11, 1882. The headgate of Canal No. 3 is located on the south side of the Cache La Poudre River in the Northeast Quarter of the Northwest Quarter of the Southeast Quarter of Section 32, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado at a point 1900 feet West and 2200 feet North of the southeast corner of said Section 32. The source of water is the Cache La Poudre River. The decreed use is for irrigation and domestic with the following appropriation dates and amounts:

Priority No. Appropriation Date Decreed Amount 35 04/01/1870 52.0 c.f.s 46 10/01/1871 41.0 c.f.s 50 07/15/1872 63.13 c.f.s 58 05/15/1873 16.67 c.f.s

2.2 Ownership. Canal No. 3 and the above water rights are jointly owned, with 5/8ths interest belonging to Greeley Irrigation Company and 3/8ths interest belonging to the City of Greeley. Greeley Irrigation Company also owns 60 preferred rights in Fossil Creek Reservoir which was decreed in CA 2031 in the amount of 1545 acre feet for irrigation use with an appropriation date of June, 1, 1904. 2.3. Historical Use: The historical use of the Greeley No. 3 Ditch was previously quantified and decreed in Case No. 96CW658, Poudre Prairie Mutual Reservoir & Irrigation Co., Water Division No. 1 using a ditch wide analysis. Pursuant to that decree the 2 shares Applicant owns have a historical consumptive use of 21.8 acre-feet. Applicant’s shares were historically used for irrigation on the lands shown in Figure 1 attached hereto. 2.4. Proposed Change: Applicant seeks to change the use of 2 shares to include augmentation, replacement and exchange with the right to totally consume the consumable portion of the water, either by first use, successive use, or disposition, as well as the existing decreed uses. Return flows will be made in accordance with Case No. 96CW658. 3. Change of Water Right. Scott Well No.38583. 3.1. Previous Decree. A decree was entered in the Water Court, Water Division No. 1, and Case No. W-4970 on April 29, 1974 for Scott Well No. 38583 located in the SE¼ NW¼ of Section 16, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado, at a point 540 feet north and 826 feet west of the S¼ corner of said Section 16, with a date of appropriation of July 17, 1969 in the amount of 0.044 c.f.s. for domestic use. 3.2. Historic Use. In-house supply for 96 RV lots and 3 single family residences. 3.3. Proposed Change. The location of Scott Well No.38583 is changed to the SE¼ NW¼ of Section 16, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado, at a point 589 feet north and 1780 feet east of the southwest corner of said Section 16. 4. Decreed Name of Structure to be Augmented: Scott Well No.38583. 5. Plan for Augmentation. 5.1. Groundwater Consumptive Use.


Scott Well No. 38583 is used for the in-house supply for 96 RV lots and 3 single family residences. All outside irrigation demands are met by a portion of the 2 shares. The Table below shows the maximum anticipated monthly in-house water demand for 96 RV lots and 3 single family residential homes located on the property. The water demand represents a 12 month period assuming that all 96 RV lots are occupied. The Table shows the monthly consumptive use, which is estimated at 10 percent of the total in-house water demand. There are two separate leach fields that return 90 percent of the in-house use back to the alluvial aquifer. The Table also presents the net river depletion of the well after lagging the total pumping of 16.97 acre-feet of maximum on-site consumptive use and the leach field returns of 15.27 acre-feet.

5.2 Timing of Depletions. The timing of the total pumping and leach field returns was determined from the Alluvial Water Accounting System (AWAS) developed by Colorado State University’s Integrated Decision Support team. The AWAS model is based on the Glover Stream Depletion Model (Glover). The Glover model requires the definition of (1) the distance of the well from the impacted stream, (2) the distance of the impacted stream from any impervious boundaries, (3) the transmissivity of the aquifer and (4) the coefficient of storage of the aquifer. The approximate boundary of the South Platte alluvium as defined by the Hydrogeologic Characteristics of the Valley-Fill Aquifer in the Brighton Reach of the South Platte River Valley, Colorado, USGS Open File Report 1972. The Table below shows the aquifer properties used in the AWAS model to determine the net river depletion from the operation of the well and leach fields. 5.3 Replacement. Applicant proposes to use 0.3 share of the total 2 shares to replace out of priority depletions, along with the pro-rata share of Fossil Creek water, if and when the Company allows such use, and leased reusable effluent from the City of Greeley. If more than 0.3 share is required, it will be used. The augmentation deliveries will be made from existing augmentation stations. Applicant will leave 15 percent of its total pro-rata river headgate diversion attributed to the shares used for augmentation in the ditch to protect other shareholders. 5.4. Accounting. Accounting for the augmentation plan will be compiled monthly. The plan will be accounted on a daily basis, and the accounting for the past month’s operation will be completed in the following month. Reports will be electronically mailed to the Division Engineer in Greeley. 6. Name and Address of Owners of Structures: Applicant and the Greeley Irrigation Company, c/o Ms. Donna Coble, 1025 9th Avenue, #309, Greeley, CO 80632. 05CW048 LOWELL T. AND BERTHA M. EARNEST, 96 S. Grandbay, Aurora, CO 80018 (303-365-0146). APPLICATION FOR UNDERGROUND WATER RIGHT, IN ARAPAHOE COUNTY. 2. Name of well: Permit #136118, Worosello Drilling. 3. Legal description of well: SE 1/4, SE 1/4 Section 7, T4S, R65W of 6th P.M. in Arapahoe County. Distance from sec lines 1200 ft from S and 200 ft from E. Street address: 96 S. Grandbay. Subdivision: Thunderbird Estates, Lot 9, Block 2. 4. Depth: 500 + ft. 5. A. Date of appropriation: 7/10/84. B. How appropriation was initiated: permit application. C. Date water

Summary of Greeley RV Park Water Demand and Consumptive Use: Well # 38583 (all values in acre-feet)

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total

Total Water Demand 96 RV's: In-house 1.37 1.24 1.37 1.33 1.37 1.33 1.37 1.37 1.33 1.37 1.33 1.37 16.13 3 Single Family Dwellings: In-house 0.07 0.06 0.07 0.07 0.07 0.07 0.07 0.07 0.07 0.07 0.07 0.07 0.84 Total Water Demand 1.44 1.30 1.44 1.39 1.44 1.39 1.44 1.44 1.39 1.44 1.39 1.44 16.97 Consumptive Use 96 RV's: In-house 0.14 0.12 0.14 0.13 0.14 0.13 0.14 0.14 0.13 0.14 0.13 0.14 1.61 3 Single Family Dwellings: In-house 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.08 Total Consumptive Use 0.14 0.13 0.14 0.14 0.14 0.14 0.14 0.14 0.14 0.14 0.14 0.14 1.70 Lagged cumulative depletions - Well #38583 -0.17 -0.20 -0.16 -0.15 -0.14 -0.14 -0.14 -0.13 -0.14 -0.14 -0.14 -0.13 -1.78


applied to beneficial use: 12/5/84. 6. Amount claimed: 15 gpm, ABSOLUTE. 7.A. Name of aquifer: Denver. B. Amount claimed: one acre foot annually. 8. Proposed use: A. Irrigation: One acre historically; one acre proposed to be irrigated; one acre of lawns and gardens. B. Non-irrigation: household use and septic system. 05CW049 JOHN LARSON, P.O. Box 927, Indian Hills, CO 80454 (303-674-5772). APPLICATION FOR UNDERGROUND WATER RIGHT, IN JEFFERSON COUNTY. 2. Name of well: Permit 97416. 3. Legal description: SE 1/4, SW 1/4 of Section 23, T5S, R71W of 6th P.M. in Jefferson County. Distance from sec lines: 566 ft from S and 3300 ft from E. Street address: 26761 Hilltop Rd., Evergreen, CO 80439. Subdivision: Marshdale Pk 2nd Addn., Lots 70 and 75. Northing 4383 005; Easting 473 665. 4.A. Source: groundwater. B. Depth: 480 state records, 380 compl rpt. 5.A. Date of appropriation: 04/10/1978. B. How appropriation was initiated: Well Permit. C. Date water applied to beneficial use: 06/15/1979. 6. Amount claimed: 2 gpm, ABSOLUTE. 7. Non-tributary. A. Name of aquifer: all unnamed aquifers. B. Amount claimed in acre feet annually: 0.1 (100 gal/day). 8. Proposed use: non-irrigation: Household use only. 05CW050 CHARLES FRANK LEAF and JOANNE KLOCKER LEAF, 59365 County Road R, Merino, CO 80741 (970-522-1829). APPLICATION FOR A NEW WATER RIGHT AND APPROVAL OF PLAN FOR AUGMENTATION, IN WASHINGTON COUNTY. 2. Purpose of application: To adjudicate a plan using the Applicant’s one share of Morgan-Prewitt Reservoir water and additional accretions to which the Applicant is entitled to pursuant to other decrees of this Court, and to replace out-of-priority depletions associated with the pumping of the Applicant’s irrigation wells to the extent necessary to prevent legal injury to other water rights. 3. The wells to be augmented are as follows: 3.1. Well No. 15280; Case No. W-1470; Date entered: 12/13/1976; District Court, Water Division 1; Decreed point of diversion: SE 1/4, SE 1/4, Section 4, T5N, R54W of 6th PM, Washington County, CO, at a point 1000 ft W of the E sec line and 50 ft N of the S sec line of said Section 4; Source: Groundwater tributary to South Platte River; Appropriation date: 04/15/1954; Amount: 4.20 cfs; Use: Irrigation of approximately 80 acres in the SE 1/4 of Sec 4, T5N, R54W of the 6th PM in Washington County, CO. 3.2. Well No. 8385; Case No. W-2969 (A17); Date entered: 03/28/1978; District Court, Water Division 1; Decreed point of diversion: SE 1/4, NE 1/4 of Sec 29, T5N, R54W of the 6th PM, Washington County, CO at a point 2628 ft S and 1296 ft W of the NE corner of said Sec 29; Source: Groundwater tributary to South Platte River; Appropriation date: 05/25/1954; Amount: 2.22 cfs; Use: Irrigation of approximately 70 acres in the E 1/2 of the NE 1/4 of Sec 29, T5N, R54W of the 6th PM; AUGMENTATION PLAN 4. Applicant is seeking a decreed augmentation plan to augment the out-of-priority depletions from the two wells listed in paragraphs 3.1 and 3.2. Applicant also intend for this plan for augmentation to include any replacement wells(s) for the wells. There are no other water rights diverted from these structures. 5. Applicant irrigates lands in the Hillrose Irrigation District and is entitled to its pro-rata share of storage in Jackson Lake and Riverside Reservoir under that District. 6. Previous decrees for water rights to be used for augmentation: Applicant intends to partially or fully offset depletions associated with the pumping of Well No. 8385 in accordance with the terms of the augmentation plan decree to the Lower Platte and Beaver Canal Company (“Lower Platte and Beaver”) in Case No. W-2969. Case No. W-2969 decreed to the Lower Platte and Beaver a 1972 water right to recharge the aquifer from various locations, the accretions from which are intended to replace well depletions for numerous wells under the Lower Platte and Beaver system, including Applicant’s well listed above. Lower Platte and Beaver has also filed an application in Case 03CW443 for the purpose of providing additional augmentation water for its shareholders’ wells. Applicant intends to utilize any augmentation credit to which Applicant is entitled by virtue of any Lower Platte and Beaver decree or substitute water supply plan to replace depletions from Applicant’s well listed above. Applicants other well No. 15280 is under the Johnson Edwards Ditch Company (“Johnson and Edwards”) system and was decreed in Case Numbers W-4263 and W-1470 respectively. In Case No. W-4298, the well was among several wells decreed as alternate points of diversion for Johnson and Edwards surface right priorities No. 5, dated June 1, 1872, and No. 29, dated


April 10, 1886. In addition, Johnson and Edwards has filed an application for a water right for recharge purposes in order to augment depletions from wells under the Johnson and Edwards system, Case No. 03CW423. Applicant will use any augmentation credit to which it is entitled by virtue of the anticipated Johnson and Edwards decree to offset depletions from wells 15280 and 8385 when Well 15280 is not being pumped as an alternate point of diversion pursuant to W-4298 and when well 8385 is pumped pursuant to W-2969. To the extent depletions from the wells listed in paragraphs 3.1 and 3.2 above are not fully augmented under the above described decrees (and/or anticipated decrees), Applicant intends to replace said depletions in accordance with the plan for augmentation described below and also utilizing water derived from Applicant’s one share of Morgan Prewitt Reservoir. Applicant also seeks the right to use as an additional source of augmentation water any other decreed fully consumable source for augmentation purposes as a source of water to which the Applicant is entitled or may become entitled which is capable of replacing depletions resulting from the pumping of Applicant’s wells. 7. Historic use: N/A. 8. Statement of plan for augmentation, covering all applicable matters under CRS 37-92-103(9), 302(1)(2) and 305(8). Give full details of plan, including a description of all water rights to be established or changed by the plan. The wells listed in paragraphs 3.1 and 3.2 above will be used to irrigate crops on all or a portion of the approximately 150 acres owned by the Applicant (represented by the crosshatched area in Exhibit A, which will hereinafter be referred to as the “Property”). The Property is located in Sections 4 and 29, T5N, R55W of the 6th PM, Washington County. Diversions from the wells will cause depletions to the South Platte River. The purpose of this plan is to replace the out-of-priority depletions from these wells in time, amount and location to the extent necessary to prevent injury to senior water rights. Applicant is the owner of surface water represented by 13 shares in the Lower Platte and Beaver, 80 acres of Hillrose Irrigation District, 144.06 shares of Johnson and Edwards Priority No. 5, and 460.98 shares of Johnson and Edwards Priority No. 29. After accounting for surface water, precipitation, and soil moisture, Applicant must pump its wells to meet the irrigation requirements of the crops grown, which amount will be considered to be groundwater depletion associated with the pumping of Applicant’s wells. Applicant will first apply its pro-rata entitlement of all replacement water from Lower Platte and Beaver’s decreed plan for augmentation (Case No. W-2969) and pending application (Case No. 03CW443) against its Well No. 8385 depletion as determined by Lower Platte’s engineer. Lower Platte’s engineer shall provide all accounting pertinent to Applicant’s Well No. 8385 which quantifies Applicant’s pro-rata entitlement of all sources of replacement water. Lower Platte’s engineer shall also calculate and provide to Applicant is cumulative well depletion using methods pursuant to Lower Platte’s decreed plan for augmentation and pending decree as required by the State Engineer. A determination will be made as to the time at which the wells’ pumping depletes the river using the Glover method and other methods specified in Lower Platte’s plan for augmentation decrees. Applicant intends to not pump Well No. 15280 out-of-priority. However, Applicant reserves the right to pump its well out-of-priority when this plan generates sufficient excess credits to cover Applicant’s out-of-priority depletions. Applicant well calculate out-of-priority depletions using metered pumping and an irrigation efficiency coefficient or the modified Blaney-Criddle method and a water balance. The Glover Well Pumping Depletion Model will be used to tag the depletions to the South Platte River. Applicant will replace the out-of-priority groundwater depletions in time, amount and location. To do so, Applicant intends to first utilize any existing and expected augmentation credit (including the alternate point of diversion decree) to which it is entitled pursuant to the Lower Platte and Beaver and Johnson and Edwards Ditch decrees discussed in paragraph 6 above. Thereafter, to the extent necessary to replace any remaining depletions, Applicant proposes to utilize the consumable portion of its one share of Morgan-Prewitt Reservoir to offset well depletions. Applicant proposes to dry up four acres in the E 1/2 of the NE 1/4 of Section 29, T5N, R54W to compensate for the historic use of one share of Morgan-Prewitt for irrigation. 9. Applicant will dedicate one share of Morgan-Prewitt Reservoir Company stock (“Morgan-Prewitt water”) to this plan by making deliveries of water to the South Platte River from the Prewitt Reservoir to meet the annual augmentation requirements associated with out-of-priority stream depletions from its wells. The Morgan-Prewitt water was decreed in: 9.1. Civil Action No. 2142, in the District Court of Weld County, CO; Date entered: 01/05/1922; Type of water right: storage; Source: South Platte


River; Amount: 32,300 acre-feet, ABSOLUTE; Appropriation date: 05/25/1910; Decreed use: irrigation. 9.2. Civil Action No. 16704, in the District Court of Weld County, CO; Dated entered: 10/18/1965; Type of water right: storage; Source: South Platte River; Amount: 34,960 acre-feet, ABSOLUTE; Appropriation date: 12/31/1929; Decreed use: irrigation. (a) Legal description of place of storage: parts of Sections 1, 2, 10, 11, 12, 13, 14 and 15 in T5N, R54W of the 6th PM, and upon parts of Sections 5, 6 and 7 in T5N, R53W of the 6th PM all in Washington County; about 15 acres in the SE 1/4, SE 1/4 of Section 36, T6N, R54W, and 60 acres in the SW 1/4, and about 5 acres in the SW 1/4, SE 1/4 of Section 31, T6N, R53W all in Logan County. Legal description of point of diversion: A headgate in common with the Johnson & Edwards Ditch on the east bank of the South Platte River at a point in the SW 1/4 of Section 24, T5N, R55W, in Morgan County, CO, whence it extends northeasterly, and easterly for a distance of 27,000 ft to the reservoir. (b) Historic use: Irrigation of lands in the Logan Irrigation District, Iliff Irrigation District and land of the stockholders of the Morgan-Prewitt Reservoir Company. For several years since the acquisition by the Applicant of Morgan-Prewitt water, said water was leased for augmentation by the Groundwater Appropriators of the South Platte River, Inc. (GASP). If Applicant’s augmentation credits and recharge accretions from the replacement water sources described above are not adequate to meet Applicant’s well depletions, Applicant will either obtain additional fully consumable water decreed for augmentation purposes the use of which is acceptable to the Division Engineer in order to replace said depletions, or reduce the number of acres irrigated to match estimated depletions to available augmentation water supplies. There will likely be excess credits generated beyond the needs of the Applicant. Applicant has reached tentative agreement with the Lower Platte and Beaver whereby Lower Platte will utilize the excess credits, if any, to augment wells under the Lower Platte system. Further, any such credits may be used for well augmentation purposes beyond the Property, in accordance with written agreements between the Applicant and other landowners, in accordance with the law, and subject to the approval of the State Engineer or Water Court. Applicant also seeks the right to divert and use, reuse, and successively use said excess credits, if physically and legally available, as an additional source by which to irrigate the Property. Applicant will provide reports and accounting for the augmentation plan to the Division Engineer, as required by the Division Engineer. 10. The Applicant owns all of the property on which the wells named in this application are located. Applicant also owns a 25 percent interest in a recharge project operated by QFL Wells, LLC, 59365 WCR R, Merino, CO 80741. 11. Applicant requests that the Court award an ABSOLUTE water right as to all or any portion of the above claim for conditional water rights which may be duly diverted, stored, or placed to beneficial uses prior the date of the decree to be entered herein. 05CW051 L & M ENTERPRISES, INC., P.O. Box W, Berthoud, CO 80513 (970-532-3706). Clark Williams and Matsunaka, LLC, Sean D. Rutledge, 2881 N. Monroe Avenue, Suite 1, Loveland, CO 80538 (970-669-8668 ) Attn. Reg. # 33710. APPLICATION FOR CHANGE OF WATER RIGHT AND APPROVAL OF PLAN FOR AUGMENTATION, IN WELD and LARIMER COUNTIES. Part A: Change of Water Rights. 2. Decreed name of structure for which change is sought: 2.1 Rockwell Ditch: (20 out of 180 shares in Rockwell Ditch Company, “RDC” Shares) 2.2 Loveland Reservoir: (26.02 out of 150 shares in Loveland Lake and Reservoir Company, “LLRC Shares”) The shares that are the subject of this Application shall be referred to collectively as “The Rights.”3. Information from previous Decrees: 3.1 RDC Shares: The Rockwell Ditch headgate is located in the SW1/4, SW1/4, of section 20, Township 4 North, Range 68 of West of the 6th P.M. (See attached Exhibit A for a depiction of the location.) The ditch operates pursuant to the Decree summarized as follows: Structure Appropriation Date Adjudication Date Amount Case Use Rockwell 10-01-1883 6-29-1916 21.00

c.f.s. CA-4862 Boulder District Court

Irrigation

3.2 LLRC Shares: The Loveland Reservoir is located in the SE1/4, NE1/4 of Section 15, Township 4 North, Range 68 West of the 6th P.M. and diverts from the Big Thompson River through the Handy Ditch


System. (See attached Exhibit A for a depiction of the location.) The Loveland Reservoir operates pursuant to the decrees summarized as follows: Structure Appropriation Date Adjudication Date Amount Case Use Loveland Reservoir 04-01-1885 04-01-1931 561.00

AF CA-4862 Irrigation

and Storage Loveland Reservoir 09-15-1898 11-14-1939 1870.30

AF CA-4862 Irrigation

and Storage Loveland Reservoir 12-04-1905 11-14-1939 476.90

AF CA-10077

Irrigation and Storage

* CA-4862 and CA-10077 were adjudicated in Boulder District Court. 3.3 Historical Uses: Applicant is the owner of the “Rockwell Farm”, “Chilson Farm” and “Highway 56 Farm” upon which the above described water rights have been historically used. The locations of the Farms are more particularly set forth herein, and generally depicted upon the Attached Exhibits A and B. Applicant has undertaken an historical consumptive use analysis on the subject properties spanning the years of 1950-2003. This period of time provides an accurate analysis of the performance of these rights under a wide variety of hydrological conditions. 3.3.1 Rockwell Farm: 3.3.1.1 General Location: E1/2 of NE1/4 of Section 30, Township 4 North, Range 68 West. 3.3.1.2 RDC Shares: State Engineer records of diversions through the three foot Parshall flume located at the river headgate establishes that the average annual diversion for the study period was 506.5 AF. (Copies of Rockwell Diversion records are attached hereto as Exhibit C and incorporated herein by this reference.) Farm headgate deliveries were assumed to be headgate deliveries minus a ten percent conveyance loss. The Rockwell Farm contains 65 irrigated acres and was supplemented with other water rights not part of this action. Applicant states that the following table is representative of the Farm Headgate delivery and historical consumptive use associated with the RDC Shares:

AVERAGE HEADGATE DELIVERIES AND CONSUMPTIVE USE 1950-2003 (ROCKWELL FARMS/RDC SHARES)

Month N D J F M A M J J A S O Total Farm Headgate Delivery (AF) 0 0 0 0 0.1 1.2 6.9 15.3 9.3 7.5 7.4 3.4 51.2 Actual Consumptive Use (AF) 0 0 0 0 0.0 0.6 3.6 8.4 5.0 3.1 2.5 0 23.3 3.3.2 Chilson Farm: 3.3.2.1 General Location: NE1/4 of SE1/4 of Section 19, Township 4 North, Range 68 West. 3.3.2.2 LLRC Shares: The average net annual storage in Loveland Reservoir is 687.7 AF as shown by the storage records set forth upon Exhibit D which is attached hereto and incorporated herein by this reference. Farm deliveries were calculated to be Applicant’s proportional interest in the LLRC associated with the property (1.09/150)and there was an assumed ten percent conveyance loss. The Chilson Farm contains 21 total irrigated acres in which use of the LLRC Shares was consistently maximized. Applicant states that the following table accurately represents the historical consumptive use and Farm Headgate delivery of the LLRC Shares:

AVERAGE HEADGATE DELIVERIES AND CONSUMPTIVE USE (CHILSON FARMS/LLRC SHARES)

Month N D J F M A M J J A S O Total Farm Headgate Delivery (AF) 0 0 0 0 0 1 2 1.1 0.2 0.1 0 0 4.4 Actual Consumptive Use (AF) 0 0 0 0 0 0.6 1.1 0.6 0.1 0 0 0 2.4 3.3.3 Highway 56 Farm: 3.3.3.1 General Location: E1/2 of the NE1/4 of Section 24, Township 4 North, Range 68 West. 3.3.3.2 LLRC Shares Farm deliveries of LLRC Shares were assumed to be Applicant’s proportional interest in the LLRC Shares associated with the property (24.93/150) and there was assumed, ten percent conveyance loss. The Highway 56 Farm has consisted of 100 acres and use of the LLRC Shares was consistently maximized. Applicant states that the following table is accurately representative of the farm headgate delivery and the historical consumptive use of the LLRC Shares.


AVERAGE HEADGATE DELIVERIES AND CONSUMPTIVE USE (HIGHWAY 56 FARM/LLRC SHARES)

Month N D J F M A M J J A S O Total Farm Headgate Delivery (AF) 0 0 0 0 0 0.1 3.4 16.5 29.7 23.3 1.9 0 75 Actual Consumptive Use (AF) 0 0 0 0 0 0.1 1.9 9.1 16.3 12.8 1.1 0 41.2 3.3.4 Return Flows: Operation of the above described farms has resulted in return flows accruing to the Little Thompson River in the general vicinity of Section 30, Township 4 N, Range 68 West of the 6th P.M. As part of its engineering analysis, Applicant has determined the approximate timing and quantity of such flows which Applicant shall be obligated to maintain under the changes proposed herein. Return flows were assumed to be half surface and half subsurface with a certain amount of subsurface return flows accruing to the river in a month other than when it was diverted (“lagged return flows”.) Parameters used in computing return flows were assumed as follows:

FARM PARAMETERS Farm Distance to River (Feet) Specific Yield Transmissivity

(Feet ^ 2/Day) SDF (Days)

Rockwell 1400 0.2 2659 147 Chilson 2000 0.2 851 940 Highway 56 2000 0.2 851 940 Applicant states that the following table is representative of the historically accruing return flows resulting from the use of the Rights. Return Flows (AF)

Month N D J F M A M J J A S O Total Surface Return Flow

0 0 0 0 0.1 0.6 2.9 7.4 8.9 7.5 2.9 1.7 31.8

Non Lagged Subsurface Return Flow

0 0 0 0 0.1 .06 2.9 7.1 8.9 7.5 2.9 1.7 31.8

Lagged Return Flows

2.9 2.6 2.4 2.1 2.0 1.9 1.9 2.1 2.6 2.7 2.7 3.0 28.8

4. Proposed Change: Applicant request that the allowable uses of the Rights be expanded to include irrigation, storage, use by exchange, augmentation, including, without limitation, the augmentation plan requested in Part B of this Application. 5. Owners of Land: All properties in which storage or diversion facilities will be constructed are owned by the Applicant. Part B: Augmentation Plan 1. Name of structures to be augmented: A total of six wells, collectively referred to as the “Carroll

Wells,” will be augmented under this plan. Carroll Well Number 1-10708 Carroll Well Number 2-10709 Carroll Well Number 3/3-A-11060 (These wells form a siphon system.) Carroll Well Number 4-10649-F Carroll Well Number 5-10650-F Carroll Well Number 6-10570-F

There are no other water rights diverted from these structures. 2. Previous Decrees for water rights used for augmentation: For purposes of augmentation, Applicant will be relying on shares owned in Loveland Lake and Rockwell Ditch Company, previously referred to collectively as “the Rights.” All information concerning these Decrees is provided in Part A of this Application and is incorporated into this section, as if fully set forth. 3. Historic use of the Rights: All information concerning the historical use of the Rights to be used for augmentation is provided in Part A of this Application, and is incorporated into this section, as if fully set forth. Applicant further proposes that under proper terms and conditions, the historical consumptive


use associated with the Rights may be used as a credit to off set against any out of priority depletions resulting herein. 4. Statement of Plan: 4.1 Carroll Wells: The Carroll Wells were adjudicated in case W-2894 on October 30, 1975 after having been filed on May 26, 1972. Approximate locations of these wells is depicted in Exhibit B attached to this Application and incorporated herein by this reference. 4.1.1 Carroll Well Number 1-10708: Date of Appropriation: September 20, 1940. Legal Description of Structure: NE1/4 of SW1/4 of Section 19, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado at a point 1620 feet North and 280 feet West of the S1/4 corner of said Section 19. Amount of Water: .74 cubic feet per second. 4.1.2 Carroll Well Number 2-10709: Date of Appropriation: June 30, 1940. Legal Description of Structure: NW1/4 of the SE1/4 of Section 19, Township 4 North, range 68 West of the 6th P.M., Weld County, Colorado at a point 1570 feet North and 15 feet East of the S1/4 corner of said Section 19. Amount of Water: .345 cubic feet per second. 4.1.3 Carroll Well Number 3/3-A-11060: Date of Appropriation: September 11, 1936. Legal Description of Structure: NW1/4 of the NE1/4 of Section 30, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado at a point 145 feet South and 16 feet East of the N1/4 corner of said Section 30. Amount of Water: 1.11 cubic feet per second. 4.1.4 Carroll Well Number 4-10649-F: Date of Appropriation: February 9, 1966. Legal Description of Structure: NW1/4 of the NE1/4 of Section 30, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado at a point of 608 feet South and 16 feet East of the N1/4 corner of said Section 30. Amount of Water: .84 cubic feet per second. 4.1.5 Carroll Well Number 5-10650-F: Date of Appropriation: April 6, 1966. Legal Description of Structure: NW1/4 of NW1/4 of Section 30, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado at a point 533 feet South and 48 feet East of the NW Section corner of said Section 30. Amount of Water: 2.23 cubic feet per second. 4.1.6 Carroll Well Number 6-10670-F: Date of Appropriation: January 17, 1966. Legal Description of Structure: NW1/4 of NW1/4 of Section 30, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado at a point 1134 feet South and 13 feet East of the N1/4 corner of said Section 30. Amount of Water: 1.445 cubic feet per second. 4.1.7 Decreed Use of the Wells: Carroll Well Number 1-10708 and Carroll Well Number 2-10709. Irrigation of 101 acres located in the NE1/4 of the SW1/4, the NW1/4 of the SE1/4 and part of the SW1/4 of the SE1/4 of Section 19, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado. Carroll Well Number 3-11060, Carroll Well Number 3-A, and Carroll Well Number 4-10649-F. Irrigation of 50 acres located in the NE1/4 of Section 30, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado, and 40 acres located in the S1/2 of the SE1/4, Section 19, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado. Carroll Well Number 5-10650-F. Irrigation of 90 acres located in the NW1/4 of Section 30, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado. Carroll Well Number 6-10570-F. Irrigation of 90 acres located in the NE1/4 of Section 30, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado. 4.2 Well Pumping: Applicant has estimated gross pumping from available power records during the years of 1999-2003. Such pumping will be representative of the future production of the wells. Monthly gross pumping was then multiplied by an assumed efficiency of 55% for flood irrigation, to create tables of historical consumptive use. The consumptive use was then entered into the SDF View model to compute lagged deletions occurring on the Little Thompson River. For each well, the gross pumping, consumptive use, and lagged depletions were forecasted to the year 2010 when maximum depletions will occur and remain relatively constant thereafter. Average estimated pumping and other data is provided in the following table.


GROSS PUMPING (AF)

Well Spe-cific Yield

Distance to River (ft)

Transmissiv-ity (Feet^2/day)

SDF (days)

N D J F M A M J J A S O Total

1-10708

.2 300 851 20 0 0 0 0 0 0 0 0 0 4.8 0 0 4.8

2-10709

.2 400 851 40 0 0 0 0 0 0 0 0 0 0.3 0 0 0.3

3/3A-11060

.2 950 2024 90 0 0 0 0 .2 1.2 0 0 1.5 1.4 0 0 4.3

4-10649F

.2 1200 2024 140 0 0 0 0 .3 2.2 .1 0 6.3 6.7 0 .2 15.8

5-10650F

.2 2250 3745 270 0 0 0 0 1.4 0 0 0 14.8 18.3 0 0 34.5

6-10570F

.2 1600 2659 190 0 0 0 0 0 0 0 0 15.5 4.5 2.1 0 22.1

Total = 81.8 Total depletions in the year 2010 and the years thereafter are projected as follows:

LAGGED STREAM FLOW DEPLETIONS (AF) Well N D J F M A M J J A S O Total 1-10708 -.1 -.1 -.1 -.1 -.1 0 0 0 0 -1.2 -.6 -.2 -2.6 2-10709 0 0 0 0 0 0 0 0 0 -.1 0 0 -.1 3/3A-11060 -.2 -.2 -.1 -.1 -.1 -.2 -.3 -.2 -.2 -.4 -.4 -.2 -2.5 4-10649F -.8 -.6 -.5 -.4 -.4 -.4 -.6 -.5 -.5 -1.1 -1.4 -1.0 -8.3 5-10650F -2.0 -1.7 -1.5 -1.2 -1.2 -1.1 -1.1 -1.0 -1.0 -1.6 -2.4 -2.4 -18.2 6-10570F -1.3 -1.1 -.9 -.8 -.8 -.7 -.6 -.6 -.7 -1.8 -1.8 -1.6 -12.6 Total = 44.3 4.3 Replacement Plan: Applicant proposes that the Rights be used for the purposes of maintaining historical surface and subsurface return flows as well as replacement of all out of priority stream flow depletions resulting from the use of the wells. All historic diversion practices shall continue to be maintained. Surface return flows will be delivered directly to the Little Thompson River in the quantities and at the times, and locations of historical occurrence. Flows not required to meet irrigation season return flow requirements, including the historical consumptive use portion of such flows, will be stored in Baxter Lake Reservoir, out of which pumping depletions, winter time return flow requirements and lake losses will be delivered to the river. 4.3.1 Baxter Lake Reservoir: Baxter Lake Reservoir was adjudicated on January 10, 1978 in case number W-8451-76 and has been supplied with direct flow rights. Pertinent information regarding Baxter Reservoir is as follows: BAXTER LAKE RESERVOIR Date of Filing December 30, 1976 Appropriation Date December 12, 1975 Decreed Capacity 225.5 AF Primary Source of Water St. Vrain Creek through Supply Ditch and lateral Use of Water Domestic, manufacturing, and irrigation General Description SW ¼ Section 30, Township 4 N, R 68 West Storage in Baxter Lake Reservoir will result in evaporative losses which will be satisfied with excess consumptive use credits. Applicant predicts the total evaporative losses to be approximately equal to 22.48 AF/year. 4.3.2 Non Injury: Since historical consumptive use credits balance with the stream flow depletions and evaporative losses, the Augmentation Plan will not result in injury to other vested or decreed conditional rights in the South Platte River System. 5. Owner of Land: All properties in which storage of diversion facilities will be stored are owned by the Applicant. WHEREFORE: Applicant respectfully requests the Court grant this Application and


enter a decree approving Applicant’s Change Of Water Rights And Plan For Augmentation, and grant such further relief as the Court deems necessary and proper. 05CW052 ACCOMASSO BROTHERS c/o Pary Accomasso, 15137 County Road 12 Atwood, CO 80722 (970-522-0629) All correspondence to Ray Ann Brammer, Brammer Law Office, P.C., P.O. 1827, Sterling, CO 80751 (970-521-0700). CONCERNING THE APPLICATION FOR WATER RIGHTS, CHANGE OF EXISTING WATER RIGHTS AND APPROVAL OF PLAN FOR AUGMENTATION OF ACCOMASSO BROTHERS, IN LOGAN, MORGAN AND WASHINGTON COUNTIES. CHANGE OF WATER RIGHTS 2.Decreed name of structure for which change is sought: Schneider Ditch. 3. From previous decree: a. Logan County District Court, Case No. 547 on May 29, 1897 for 11 c.f.s. with an appropriation date of April 10, 1873; Case no. 766 on November 15, 1894 for 25 c.f.s. with an appropriation day of July 15, 1875 and 22 c.f.s. with an appropriation date of October 20, 1880 for irrigation purposes. b. Decreed point of diversion: South Bank of the South Platte River near the NW 1/4 SW1/4 of Section 9, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado. c. Source: South Platte River d.Historic Use: There are 125 shares outstanding in the Schneider Ditch. Applicant is the owner of 19.5 shares. 4.Decreed name of structure for which change is sought: Prewitt Reservoir. Decreed point of diversion: Prewitt Reservoir is located in parts of Sections 1, 2, 10, 11, 12, 13, 14 and 15, Township 5 North, Range 54 West of the 6th P.M., and in parts of Sections 5, 6 and 7, Township 5 North, Range 53 West of the 6th P.M., all in Washington County, Colorado, and in the SE 1/4 of the SE 1/4 of Section 36, Township 6 North, Range 54 West, and in the SW 1/4 and the SW 1/4 of the SE 1/4 of Section 31, Township 6 North, Range 53 West, 6th P.M., all in Logan County, Colorado. The headgate of the Prewitt Inlet Canal is located on the east bank of the South Platte River in the SW 1/4 of Section 24, Township 5 North, Range 55 West, 6th P.M, in Morgan County, Colorado. Source: South Platte River. Appropriation dates and amounts: May 25, 1910 for 32,300 acre-feet; December 31, 1929 for 34,960 acre-feet. Historic use: Applicant owns 23 acre-rights of the Logan Irrigation District, a quasi-municipal district under Colorado Law (“Logan Prewitt acre-rights”). The Logan Irrigation District is the owner of 17/31 of the water rights decreed to Prewitt Reservoir. Prewitt Reservoir water available to the subject Logan Prewitt acre-rights has historically been used for irrigation purposes on approximately 343 acres of land in Logan County. 6. Proposed change: Applicant seeks to change its 19.5 shares to allow for an alternate point of diversion for Well Permit No. RF 438 and PO 2687. Applicant seeks approval of change of use of the Prewitt Reservoir water rights represented by the Logan Prewitt acre-rights to add augmentation, replacement and recharge uses to the existing irrigation use. Water available to the Prewitt Reservoir water rights represented by the subject Logan Prewitt acre-rights will be used to replace depletions associated with wells described below which are owned and used by applicant. Such use shall also include the right to use, reuse and successively use, lease, sell and otherwise dispose of to extinction that portion of the water available to the subject Logan Prewitt acre-rights which was historically consumed through irrigation use and that portion which was historically returned to the stream system to the extent those return flows have been made with water from another source available to applicant for replacement purposes. When water available to the subject Logan Prewitt acre-rights is being used for augmentation, replacement or recharge purposes as described above, applicant will replace the return flows that would have occurred from the irrigation use of the subject Logan Prewitt acre-rights, in the amount, at the time and at the location required to prevent injury to other water rights. These replacements will be made by one or a combination of the following methods: leaving a portion of the water available to the subject Logan Prewitt acre-rights in the South Platte River at or near the outlet canal of Prewitt Reservoir, leaving recharge accretions available to applicant from the Schneider Ditch Recharge program described below in the South Platte River, and/or releasing to or leaving in the South Platte River any other fully consumable water available to applicant for replacement purposes. Water available to the subject Logan Prewitt acre-rights that is not used for augmentation, replacement or recharge will continue to be used for irrigation. 7. Names and addresses of owners of land on which structures are or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: a. Prewitt Reservoir, the Prewitt Inlet Canal and the Prewitt Outlet Canal are


owned by Morgan-Prewitt Reservoir Company, Logan Irrigation District and Iliff Irrigation District, c/o Jim Yahn, P.O. Box 103, Sterling, Colorado 80751. b. The land on which that water is or will be placed to beneficial use is owned by applicant. PLAN FOR AUGMENTATION 8. Names of Structures to be augmented: The following, owned by applicant divert groundwater tributary to the South Platte River, and replacement, supplemental and alternate point of diversion wells. All of the Wells are located in Logan County, Colorado, on lands within the service area of the Davis Brothers Ditch, Schneider Ditch and the Logan Prewitt Reservoir and are used for irrigation. Accomasso Brothers RF 438 Decree No. W3278; SE1/2NE1/4 S 9, T6N, R 53 W; SDF 35; Accomasso Brothers PO 2687; Decree No. W 3278 SE1/4NW1/4 S10, T6N, R 53 W SDF 110. A map showing the approximate location of the wells is attached.. 9.Previous decrees for water rights to be used for augmentation: The water to be used for augmentation hereunder is water available to applicant’s members from the following sources: a. Accomasso Brothers: Date entered, case number and court: February 13, 2003, 98 CW 339, District Court, Water Division No. 1. Type of water right: Alternate point of diversion for 30 shares of Davis Brother Ditch and an alternate place of use by exchange for 23acre rights of Prewitt Reservoir for Well Permit No. 1-RF-438 and Well No. 2-2687F. Legal description of point of diversion or place of storage: Well Permit No: RF 438 SE 1/4NE1/4 Section 9, Township 6 North, Range 53 West, 6th P.M. Well Permit No.: PO 2687, SE1/4NW1/4 Section 10, Township 6 North, Range 53 West, 6th p.m. Source: South Platte River and its tributaries. Amount: 1/7 interest in Davis Brothers Ditch Case No. CA 547, May 29, 1897 for 2 c.f.s. with an appropriation date of 4/10/1874; 3.0 c.f.s. with an appropriation date of 12/1/1890 and 20 c.f.s. with an appropriation date of 9/20/1894 and 23 acre rights of Prewitt Reservoir. Appropriation date: August 26, 1998. Decreed use:. The Decreed use includes an alternate point of diversion for 30 shares of Davis Brothers Ditch and an alternate place of use by exchange for 23 acre rights of Prewitt Reservoir. b. Smart Brothers, Inc. a Colorado Corporation: Date entered, case number and court: April 29, 1987, W-8686, District Court, Water Division No. 1. Type of water right: Underground Water Right, Plan for Augmentation Legal description of point of diversion or place of storage: SW 1/4 of Section 8, township 5 North, Range 54 West of the 6th P.M. Source: South Platte River and its tributaries.Amount: 950 acre feet Conditional. (395.88 made absolute in 93CW39) Appropriation date: June 17, 1983 Decreed use: Recharge, augmentation, exchange Smart Brothers, Inc. a Colorado Corporation: Date entered, case number and court: April 30, 1997, 93 CW 39, District Court, Water Division No. 1. Diligence filing on W-8686) Type of water right: Underground Water Right, Plan for Augmentation Legal description of point of diversion or place of storage: SW 1/4 of Section 8, township 5 North, Range 54 West of the 6th P.M. Source: South Platte River and its tributaries.Amount: 395.88 acre feet absolute, 554.12 conditional Decreed use: Recharge, augmentation, exchange. d. Smart Brothers, Inc. a Colorado Corporation and Hessler Farms, Inc.:i. Date entered, case number and court: 2003 CW 207 , District Court, Water Division No. 1. Diligence filing on W-8686) ii. Type of water right: Underground Water Right, Plan for Augmentation. iii.Legal description of point of diversion or place of storage: SW 1/4 of Section 8, township 5 North, Range 54 West of the 6th P.M. iv.Source: South Platte River and its tributaries. v.Amount: 554.12 conditional vi.Decreed use: Recharge, augmentation, exchange. Other: Pursuant to Easement and Permit to Transport Water entered into between Smart Brothers, Inc. and the Applicant, Smart Brothers, Inc. pursuant to the terms and conditions in Case No. 2003 CW 207, have agreed to cover the depletions for November through March of each year, associated with Well Permit RF 438 and PO 2687. e.Prewitt Releases: Shall be as directed in case No. 98 CW 339 or as decreed herein. f.Schneider Ditch Recharge Project Case No. 2003 CW 195: Legal description of point of diversion or place of storage:. NW 1/4SW1/4 Section 9, Township 6 North, Range 53 West of the 6th P.M. Logan County, State of Colorado ii. Source: South Platte River and its tributaries. iii. Logan Well Users, case no. 2003 CW 195 has filed for a water right for the above. The Applicant is a share holder in the above and is therefore entitled to a pro rata share of any recharge credits available under the application. g. Applicant proposes to use the augmentation water available to the applicant from any other source legally available for augmentation and which can be provided in the amount, at the time and at the location required for augmentation. Prior to use of any such water for augmentation, applicant shall provide written notification to the State Water Administration Officials of the source of


water to be used and the method of delivery of such water. 10. Historic use (include a description of all water rights to be used for augmentation, 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): The above identified sources have historically been used for the decreed purposes, including irrigation, augmentation and replacement of depletions resulting from diversions from wells. 11. Statement of plan for augmentation, covering all applicable matters under C.R.S. 37-92-103(9), 302(1)(2) and 305(8). Give full details of plan, including a description of all water rights to be established or changed by the plan: a. Applicant will use and has used groundwater withdrawn through the wells for irrigation of agricultural lands. By this application, the Applicant seeks approval of a plan for augmentation to provide for replacement of out-of-priority depletions to the South Platte River from the use of the wells, including out-of-priority post-pumping depletions resulting from the use of the wells since January 1, 1974, to the extent necessary to prevent injury to other water rights. b. Replacement water will be provided from the sources described above or any other source that is legally available to the Applicant. c. The amount of water withdrawn through the wells will be measured either with flow meters or though power meters. For determining pumping volumes in years 1974 -2002, applicant used pumping records available from Groundwater Appropriators of the South Platte. For the years 2003 and 2004, the Applicant used actual records or records generated by Logan Well Users. Applicant proposes to determine the volume of stream depletions resulting from the use of the Wells using the consumptive use factors of 55% for flood irrigation use, 80% for sprinkler irrigation use. Applicant proposes to determine the timing of stream depletions from the use of the wells using (1) the stream depletion factor (“SDF”) methodology developed by Glover (1977) using stream depletion factors developed by the U.S. Geological Survey (Hurr, et al., 1972); (2) the stream depletion factor (“SDF”) methodology developed by Jenkins (1968) using stream depletion factors developed by the U.S. Geological Survey (Hurr, et al., 1972); (3) the Colorado State University Integrated Decision Support Group Alluvial Water Accounting System (“AWAS”), or (4) a similar methodology. Applicant proposes to account for and replace out-of-priority depletions and to report its operations under the plan for augmentation on a monthly basis. Applicant proposes to use an April 1 through March 31 accounting period and to submit a projection of pumping, stream depletions, historical return flow obligations and augmentation supplies for each April 1 through March 31 accounting period and to submit a projection of pumping, stream depletions, historical return flow obligations and augmentation supplies for each April 1 through March 31 accounting period to the State Water Administration Officials on or before April 1 of each year. Applicant proposes to reduce projected pumping for each April1 through March 31 accounting period to the extent necessary to prevent projected out-of-priority stream depletions from exceeding projected augmentation supplies for such accounting period. 12. Names and addresses of owners of land on which structures are or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: a. The structures to be augmented are located on land owned by the applicant and the groundwater withdrawn through such structures is on land owned by the applicant. b. The Schneider Ditch is owned by the Schneider Ditch Company P.O. Box 589 Sterling, CO 80751. c. The pro rata share of the Davis Brothers Ditch is owned by the Applicant. 05CW053 THE GROUNDWATER MANAGEMENT SUBDISTRICT OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT, 3209 West 28th Street, Greeley, Colorado 80634. (970) 330-4540, c/o Kim R. Lawrence, Lind, Lawrence & Ottenhoff, LLP, 1011 11th Avenue, Greeley, CO, 80631, (970)356-9160. APPLICATION FOR CHANGE OF WATER RIGHTS IN WELD COUNTY. 2. Name of Structures. Beeline Ditch Company (5 shares) and Big Thompson and Platte River Ditch Company (7 shares). 3. Previous Decrees. 3.1. The Beeline Ditch was decreed in Case m 4862, on June 29, 1916 with an appropriation date of May 31, 1887 for 40.0 c.f.s. The decreed use is for irrigation. The decreed headgate location is in the NE¼ SW¼ NW¼ of Section 10, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. 3.2. The Big Thompson and Platte River Ditch were decreed in Case No. 4862 on June 29, 1916 with appropriation dates of November 11, 1865 for 35 c.f.s. and May 28, 1883 for 60 c.f.s. The decreed use is for irrigation. The decreed headgate location is in


the SW¼ NW¼ of Section 4, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. 4. Historic Use. Central acquired 5 shares of the Beeline Ditch Company and 7 shares of the Big Thompson and Platte River Ditch Company (shares). There are 120 shares outstanding in both Companies. 4.1 The shares historically irrigated the Ehrlich Farm Company parcel. The were the sole irrigation supply for 75 acres in the SE¼ SE¼ of Section 7, Township 4N, Range 66W and the SW¼ SW¼ of Section 12, Township 4N, Range 67W owned by the Ehrlich Farm Company. The subject shares were used on the 75 acres to irrigate corn from 1950 to 1965. After 1965, 20 acres were developed into a feedlot and the 12 shares were used to irrigate the remaining 55 acres of corn. 4.2 The farm headgate delivery of the shares averaged a total of 562.30 acre-feet assuming a 15% ditch loss for each ditch. Farm headgate deliveries for the 7 shares of BT&PRD averaged 480.01 af/year. Farm headgate deliveries for the 5 shares of Beeline Ditch averaged 82.29 af/year. The historic on-farm depletion of surface water supply of the shares averaged 89.4 acre-feet based on a maximum flood irrigation application efficiency of 65 percent. 5. Proposed Change. Central seeks to change the use of the shares to include augmentation, recharge, replacement, and exchange, by direct release or storage for later release with the right to totally consume the consumable portion of the water, either by first use, successive use, or disposition. Specifically the shares will be used in the plans for augmentation in Case No. 02CW335 and Case No. 03CW99. As a condition of purchase of the shares Central has a dry-up agreement on the farm for the portions not already developed. 5.1. Central proposes terms for the Beeline shares which include, 1) an average annual augmentation delivery for the Beeline shares limited to 82.29 acre-feet per year on a five-year rolling average; 2) maximum monthly volumetric augmentation delivery limits for the shares shown below; 3) a diversion season of April 1 through November 30; 4) an annual maximum volumetric augmentation delivery of the shares limited to 249.69 acre-feet.

Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec 5 Shares Beeline Ditch (acre-feet)

0.00 0.00 0.00 30.21 46.22 84.79 80.58 77.98 47.70 56.33 34.04 0.00

5.2.Central proposes terms for the BT&PRD shares which include, 1) an average annual augmentation delivery for the BT&PRD shares limited to 480.01 acre-feet per year on a five-year rolling average; 2) maximum monthly volumetric augmentation delivery limits for the shares shown below; 3) a diversion season of April 1 through November 30; 4) an annual maximum volumetric augmentation delivery of the shares limited to 674.54 acre-feet.

Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec 7 Shares BT&PRD (acre-feet)

0.00 0.00 0.00 34.62 145.54 176.92 216.07 163.53 103.44 99.45 57.63 4.52

6. Return Flow. 6.1. Beeline. The monthly return flow factors below will be applied to the measured augmentation station deliveries of the Beeline shares delivered to the ditch from May through September. The winter return flows will be determined using the October through April factors times the previous years’ annual augmentation deliveries of the shares. The monthly on-farm groundwater returns were lagged to the river using the Alluvial Water Accounting System (AWAS) model. Return flows for the shares averaged 72.42 acre-feet per year. Historic returns are hereby reappropriated and will be maintained only for calls senior to the date of the filing of this application.

7 Shares BT&PRD (acre-feet)

Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec

Summer Return Flow Factors 0.64 0.64 0.81 0.85 0.83

Winter Return Flow Factors 0.02 0.01 0.01 0.03 0.09 0.04 0.02


6.2. BT&PRD. The monthly return flow factors below will be applied to the measured augmentation station deliveries of the BT&PRD shares delivered to the ditch from May through September. The winter return flows will be determined using the October through April factors times the previous years’ annual augmentation deliveries of the shares. The monthly on-farm groundwater returns were lagged to the river using the Alluvial Water Accounting System (AWAS) model. Return flows for the shares averaged 397.51 acre-feet per year. Historic returns are hereby reappropriated and will be maintained only for calls senior to the date of the filing of this application.

7 Shares BT&PRD (acre-feet)


Summer Return Flow Factors 0.64 0.63 0.60 0.71 0.93

Winter Return Flow Factors 0.02 0.01 0.01 0.02 0.08 0.04 0.02

7. Net Stream Depletions. In order to determine the amount of water that Central can claim for augmentation purposes, the average monthly net stream depletion was calculated as the difference between the average monthly farm headgate diversion, and the average monthly return flow obligation. This net stream depletion represents the total depletion to the river due to the historic use of the subject shares. The net stream depletion attributable to irrigation with the Beeline shares for the study period of 1950-1996 averaged 9.87 acre-feet per year. The net stream depletion attributable to irrigation with the BT&PRD shares for the study period of 1950-1996 averaged 82.50 acre-feet per year. Central will agree to leave 15 percent of its total pro-rata river headgate diversion attributed to the shares to protect other shareholders. 8. Place of Storage. Bernhardt Reservoir located in the South ½ of Section 1, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado and more fully described in Case No. 02CW269. 9. Administration. The shares will be delivered to existing augmentation stations by the Ditch Companies and will be measured to the South Platte River. 10. Name and Address of Owners of Structures: Applicant and the Beeline Ditch Company and Big Thompson and Platte River Ditch Company, c/o Vern Kammerzell, 12614 State Highway 60, Milliken, Colorado 80543. 05CW054 GROUNDWATER MANAGEMENT SUBDISTRICT OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT, 3209 West 28th Street, Greeley, Colorado 80634. (970) 330-4540, c/o Kim R. Lawrence, Lind, Lawrence & Ottenhoff, LLP, 1011 11th Avenue, Greeley, CO, 80631, (970)356-9160. APPLICATION FOR CHANGE OF WATER RIGHTS, IN WELD COUNTY. 2. Name of Structure. Greeley Irrigation Company (12 shares). 3. Previous Decrees. 3.1. A decree was entered in Civil Action No. 320 in the District Court, County of Larimer, State of Colorado on April 11, 1882. The headgate of Canal No. 3 is located on the south side of the Cache La Poudre River in the Northeast Quarter of the Northwest Quarter of the Southeast Quarter of Section 32, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado at a point 1900 feet West and 2200 feet North of the southeast corner of said Section 32. Canal No. 3 and the above water rights are jointly owned, with 5/8ths interest belonging to Greeley Irrigation Company and 3/8ths interest belonging to the City of Greeley. Greeley Irrigation Company also owns 60 preferred rights in Fossil Creek Reservoir which was decreed in CA 2031 in the amount of 1545 acre feet for irrigation use with an appropriation date of June, 1, 1904. The source of water is the Cache La Poudre River. The decreed use is for irrigation and domestic with the following appropriation dates and amounts:

Priority No. Appropriation Date Decreed Amount 35 04/01/1870 52.0 c.f.s 46 10/01/1871 41.0 c.f.s 50 07/15/1872 63.13 c.f.s 58 05/15/1873 16.67 c.f.s


3.2 A decree was entered in Case No. 96CW658 on June 15, 1998 based on a ditch wide analysis of the Greeley No. 3 Ditch and quantified the consumptive use of each share under the ditch. 3.3 Central previously changed 20 shares of the Greeley Irrigation Company in Case No. 97CW078. 4. Historic Use. Central acquired 12 shares of the Greeley Irrigation Company (shares). There are 519.7 shares outstanding in the Company. The historical use of the Greeley No. 3 Ditch was previously quantified and decreed in Case No. 96CW658, Poudre Prairie Mutual Reservoir & Irrigation Co., Water Division No. 1 using a ditch wide analysis based on the period of 1950 through 1979. This period encompasses wet years, dry years and years of average supply and is representative of historic use. During the period of 1950-1979 the average annual diversion of GIC direct flow water rights was 11,400 acre-feet. The amount attributable to the applicant’s prorate share of those diversions of the GIC direct flow water rights was 263.23 acre-feet per year. Pursuant to that decree the 12 shares have a historical consumptive use of 123.72 acre-feet. The shares historically irrigated 35 acres. 5. Proposed Change. Central seeks to change the use of the shares to include augmentation, recharge, replacement, and exchange, by direct release or storage for later release with the right to totally consume the consumable portion of the water, either by first use, successive use, or disposition. Specifically the shares will be used in the plans for augmentation in Case No. 02CW335 and Case No. 03CW99. Central proposes the same terms as decreed in 97CW078 except that augmentation deliveries for the shares will not exceed 303 acre feet in any single year nor 2,632.3 acre-feet in any consecutive 10 year period. 35 acres of the approximate 1,947 acres removed from irrigation are attributable to the 12 shares changed in this case and will not be attributed to any other shares in future cases. Diversions on the shares will be limited to the period of April 15 through October 31. Central will only take delivery of its pro rata share of Fossil Creek Reservoir water attributable to its share in the GIC when such water is called for and delivered by the GIC for the benefit of its shareholders. 6. Return Flow. All deliveries of shares for Central’s use will incur a return flow obligation to the stream system. The return flows resulting from the historic agricultural use of the shares included a surface and subsurface component. The surface component of the return flow obligation associated with Central’s use of GIC direct flow water will be calculated by multiplying Central’s deliveries of GIC direct flow water by 0.237. The surface component of the return flow obligation associated with Central’s use of Fossil Creek Reservoir water will be calculated by multiplying Central’s deliveries of GIC Fossil Creek Reservoir water by 0.201. The subsurface component of Central’s return flow obligation will be calculated by multiplying the five year running average annual deliveries of GIC water (direct flow water and Fossil Creek Reservoir water) by the applicable subsurface return flow factors used in 96CW658 and 97CW078. The return flow factors are based upon the ditch wide historic use analysis. Historic returns are hereby reappropriated and will be maintained only for calls senior to the date of the filing of this application. 7. Administration. The shares will be delivered to existing augmentation stations by the Ditch Company and will be measured to the South Platte River. 8. Places of Storage. Westmoor Lake Case No. 96CW658; Siebring Reservoir Case No. 88CW127; Jo Dee Reservoir Case No. 92CW165; 83rd Avenue Reservoir 94CW096; La Poudre Reservoirs 3 & 4 Case No. 94CW097; Nissen Reservoir 02CW270. 9. Name and Address of Owners of Structures: Applicant and the Greeley Irrigation Company, c/o Donna Coble, Secretary, 1025 9th Ave., Suite 309, Greeley, Colorado 80631. 05CW055 (97CW240, 87CW335) CITY OF WESTMINSTER, 4800 West 92nd Avenue, Westminster, Colorado 80030 (303) 430-2400, c/o Lee H. Johnson Esq. & Amy N. Huff, Esq. , Carlson, Hammond & Paddock, L.L.C., 3900 Lincoln Street, Suite 3900, Denver CO 80203, 303-861-9000. APPLICATION TO MAKE ABSOLUTE CERTAIN PORTIONS OF CONDITIONALLY DECREED WATER RIGHTS AND FOR FINDING OF REASONABLE DILIGENCE, IN JEFFERSON COUNTY. 2. Names of Structures: Farmers High Line Canal, Standley Lake, Signal Reservoir Nos. 1 and 2. 3. Description of conditional water rights: A. Westminster Water Works Direct Flow Water Right i. Date of Original Decree: August 26, 1991, Case No. 87CW335, Water Court, Division No. 1, State of Colorado. ii. Location: The Westminster Water Works Direct Flow Water Right diverts from the following locations: a. On the north bank of Clear Creek in the SW 1/4 of Section 27, Township 3 South, Range 70 West a short distance below the Fort Street Bridge across Clear Creek in the City of Golden, Jefferson County,


Colorado (decreed as in the Clear Creek point of diversion for the Farmers High Line Canal in Case No. 60052, District Court for the City and County of Denver, Division II, May 13, 1936). b. At a point where the Farmers High Line Canal crosses Van Bibber Creek in the SW 1/4 of Section 12, Township 3 South, Range 70 West, Jefferson County, Colorado, which point is approximately 800 feet north of the south line and 400 feet west of the east line of said SW 1/4. c. On the north bank of Ralston Creek at a point approximately 175 feet west of the point where the Farmers High Line Canal crosses Ralston Creek and near the center of the NW 1/4 of Section 1, Township 3 South, Range 70 West, Jefferson County, Colorado (decreed as the Ralston Creek point of diversion for the Farmers High Line Canal in Case No. 60052, District Court for the City and County of Denver, Division II, May 13, 1936). iii. Source: Clear Creek, Ralston Creek, and Van Bibber Creek, all tributary to the South Platte River. iv. Appropriation Date: June 16, 1987. v. Amount: 139.5 c.f.s. In Case No. 97CW240, the court ruled that 46.0 c.f.s. of the original 139.5 c.f.s. conditional appropriation had been diverted, applied to beneficial use, and was therefore absolute. The conditional decree for the remaining 93.5 c.f.s. of the original appropriation was maintained in full force and effect. vi. Use: Pursuant to the decree in Case No. 87CW335, water will be used for all beneficial uses of the municipal water system of Westminster, including, but not limited to, domestic, irrigation, commercial, industrial, recreation, fish and wildlife, augmentation, replacement and exchange purposes. B. Westminster Water Works Storage Water Right i. Date of Original Decree: August 26, 1991, Case No. 87CW335, Water Court, Division No.1, State of Colorado. ii. Location: The Westminster Water Works Storage Water Right diverts from the locations identified above in paragraphs 3.A.ii.a, 3.A.ii.b., and 3.A.ii.c. Water is stored at the following locations. a. Standley Lake, located in Sections 16, 17, 20, 21, 22, 28, and 29, Township 2 South, Range 69 West. b. Signal Reservoir Nos. 1 and 2, located in Section 4, Township 1 South, Range 67 West. iii. Source: Clear Creek, Ralston Creek, and Van Bibber Creek, all tributary to the South Platte River. iv. Appropriation Date: June 16, 1987 v. Amount: 10,000 acre feet, with maximum cumulative rate of flow to storage is 350 c.f.s. In Case No. 97CW240, the court ruled that 527 acre-feet of the original 10,000 acre-foot conditional appropriation had been diverted, applied to beneficial use, and was therefore absolute. The conditional decree for the remaining 9,473 acre-feet of the original appropriation was maintained in full force and effect. vi. Use: Pursuant to the decree in Case No. 87CW335, water will be used for all beneficial uses of the municipal water system of Westminster, including, but not limited to, domestic, irrigation, commercial, industrial, recreation, fish and wildlife, augmentation, replacement and exchange purposes. 4. Detailed outline of what has been done toward completion of the appropriation and application to a beneficial use: A. The conditional direct flow water right and conditional storage water right decreed in Case No. 87CW335 are part of Westminster’s Clear Creek Water Supply System, an integrated system under § 37-92-301(4)(b), C.R.S. During the diligence period, Westminster has continued the development of its Clear Creek Water Supply System. Activities have included, among other things, acquisition of additional interests in water on Clear Creek and its tributaries and the South Platte River, filing and prosecuting Water Court applications to incorporate said interests into the City’s Water Supply System, entering into contracts for the construction of additional storage vessels, entering into a carriage agreement to fill said vessels, rehabilitation of the Standley Lake dam and participation in numerous Water Court cases for purposes of protecting, maintaining, and developing Westminster’s Water Supply System. Expenses associated with these activities have been incurred during the diligence period. In addition, in connection with the operation of the Clear Creek Water Supply System and during the diligence period, Westminster has diverted the water rights decreed conditionally in Case No. 87CW335, and maintained in Case No. 97CW240, for use in Westminster’s Clear Creek Water Supply System. B. During the diligence period, Westminster continued to operate under the carriage agreement with the Farmers High Line Canal and Reservoir Company for the use of excess capacity in the Farmers High Line Canal. This agreement allows Westminster to carry additional water through the Farmers High Line Canal, including water carried in the Farmers High Line Canal in accordance with the decree entered in Case No. 87CW335. Westminster is contractually obligated to pay an annual fee for use of the Farmers High Line Canal. Westminster has continually made these payments during the diligence period. C. During the diligence period, Westminster has paid substantial amounts in annual assessments to the Farmers High Line Canal.


Said assessments have been used in part to fund annual operations and maintenance activities associated with the Farmers High Line Canal. The conditional water rights that are the subject of this Application directly involve the Farmers High Line Canal. D. During the diligence period, Westminster has participated in various Division No. 1 Water Court cases in an effort, in part, to protect and maintain the historical use patterns on Clear Creek. Said expenses have been incurred during the diligence period. E. During the diligence period, Westminster diverted water in the Farmers High Line Canal under Westminster Water Works Direct Flow Water Right. Specifically, on July 20, 1999, Westminster diverted a total of 44 c.f.s. of water through the Farmers High Line Canal under the direct flow right decree in Case No. 87CW335. This water was subsequently put to beneficial use consistent with C.R.S. § 37-92-103(4) during the diligence period. F. During the diligence period, Westminster diverted and stored water in Standley Lake under the Westminster Water Works Storage Water Right decreed in Case No. 87CW335. In 1999, Westminster diverted a total of 3,637 acre-feet into storage at Standley Lake under the storage right decreed in Case No. 87CW335. This water was subsequently put to beneficial use consistent with C.R.S. § 37-92-103(4) during the diligence period. 5. Water applied to beneficial use: A. Westminster Water Works Direct Flow Water Right. In Case No. 87CW335, the Westminster Water Works Direct Flow Water Right was conditionally decreed for 139.5 c.f.s. In a previous diligence proceeding Westminster demonstrated that it diverted and beneficially used 46 c.f.s. of the Water Works Direct Flow Water Right. As a result, the court decreed 46 c.f.s. of the Water Works Direct Flow Water Right absolute. Although Westminster diverted water under the Water Works direct flow water right in May, June, July, August, and October of 1999, it did not divert an amount greater than 46 c.f.s. at any one time and therefore cannot claim that it has put any additional portion of the remaining 93.5 c.f.s. to beneficial use. B. Westminster Water Works Storage Water Right. In Case No. 87CW335, the Westminster Water Works Storage Water Right was conditionally decreed for 10,000 acre-feet. In previous a diligence proceeding Westminster demonstrated that it stored and beneficially used 527 acre-feet of the Water Works Storage Water Right. As a result, the court decreed 527 acre-feet of the Water Works Storage water right absolute. During this diligence period, Westminster stored and subsequently put to beneficial use a total of 3,637 acre-feet. Westminster therefore has made an additional 3,110 acre-feet of the Water Works Storage Water Right ABSOLUTE. WHEREFORE, Westminster requests the Court to enter its decree and ruling as follows: A. To make a finding of reasonable diligence with respect to the remaining 93.5 c.f.s. of the 139.5 c.f.s. conditionally decreed in Case No. 87CW335 to the Westminster Water Works Direct Flow Water Right, and providing that a subsequent showing of diligence be made six years from the date of entry of a decree of diligence in this matter. B. To make a finding that an additional 3,110 acre feet of the Westminster Water Works Storage Water Right originally decreed conditional in Case No. 87CW335, and maintained in Case No. 97CW240, has been diverted and put to beneficial use and is therefore ABSOLUTE, and that the remaining conditional amount of the Westminster Water Works Storage Water Right continues to be in effect. C. To make a finding of reasonable diligence with respect to the remaining conditional amount decreed in Case No. 87CW335 to the Westminster Water Works Storage Water Right, and providing that a subsequent showing of diligence be made six years from the date of entry of a decree of diligence in this matter. D. In the alternative, to enter a finding of reasonable diligence with respect to all conditionally decreed portions of the water rights decreed in Case No. 87CW335 and maintained in Case No. 97CW240, and providing that a subsequent showing of diligence for the conditional water rights be made six years from the date of entry of a decree of diligence in this matter. 05CW056 JOHN J. MAGDALENSKI AND LARI L. BESANT, 7411 Blue Creek Road, Evergreen, Colorado 80439, NORTH FORK ASSOCIATES, LLC and the MOUNTAIN MUTUAL RESERVOIR COMPANY, 2525 South Wadsworth Blvd., Suite 306, Denver, Colorado 80227. (c/o David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR UNDERGROUND WATER RIGHTS, APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHTS, IN JEFFERSON COUNTY. APPLICATION FOR UNDERGROUND WATER RIGHTS: 1. Names of Wells and Permit, Registration or Denial Numbers: Creek Vistas Well No. 1 (Permit No. 165861) and


Creek Vistas Well Nos. 2, 3 and 4. 2. Legal Description of the Wells: Creek Vistas Well No. 1 is located in the SE 1/4 SW 1/4 of Section 28, Township 5 South, Range 71 West, 6th P.M., Jefferson County, Colorado, at a point approximately 300 feet from the South Section line and 1,900 feet from the West Section line of said Section 28. Pursuant to Policy Memo No. 99-1 of the State Engineer, John J. Magdalenski and Lari L. Besant, ("Magdalenski and Besant"), request conditional underground water rights for the Creek Vistas Well Nos. 2, 3 and 4. The exact locations of the wells will not be known until the locations of the residences to be served are finally determined. However, the wells can generally be described as being within the SW 1/4 of Section 28, Township 5 South, Range 71 West, 6th P.M., Jefferson County, Colorado. 3.A. Source of Water: Ground water that is tributary Cub Creek, Bear Creek and the South Platte River. 3.B. Depth of Creek Vistas Well No. 1: 585 feet. Depth of Creek Vistas Well Nos. 2, 3 and 4: 800 feet, approximate. Dates of Appropriation: Creek Vistas Well No. 1: May 28, 1981. Creek Vistas Well Nos. 2, 3 and 4: March 30, 2005. 4.B. How Appropriation was Initiated: Issuance of a well permit by the Colorado Division of Water Resources and the filing of this Application. 4.C. Dates Water Applied to Beneficial Use: Creek Vistas Well No. 1: July 8, 1981. Creek Vistas Well Nos. 2, 3 and 4: N/A. 5. Amount Claimed: Creek Vistas Well No. 1: 2.0 gallons per minute, Absolute and 13.0 gallons per minute, Conditional. Creek Vistas Wells Nos. 2, 3 and 4: 15 gallons per minute, Conditional, for each well. 6. Uses: Ordinary household purposes inside a single family dwelling, the watering of domestic animals, irrigation and fire protection purposes. 7. Name and Address of Owner of Land and on which the New Wells will be Located: John J. Magdalenski and Lari L. Besant, as described above. 8. Remarks: The Permit for the Creek Vistas Well No. 1 was originally issued pursuant to C.R.S. Section 37-92-602. Upon approval of the plan for augmentation being requested, a new well permit application for the Well will be submitted to the State Engineer, along with a request that Permit No. 165861 be cancelled. APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT: 1. Name of Structures to be Augmented: The wells described in Claim No. 1, above. 2. Water Rights to be Used for Augmentation Purposes. a. Magdalenski and Besant have entered into a contract with North Fork Associates, LLC to purchase 8.7 shares of the capital stock of the Mountain Mutual Reservoir Company, ("MMRC"). The 8.7 shares represent the right to receive 0.273 of an acre foot of augmentation water per year from the water rights and storage facilities MMRC holds for the benefit of its shareholders, as more particularly described below. b. The water rights which MMRC owns for the benefit of its shareholders (hereinafter referred to as the "Bear Creek/Turkey Creek water rights"), are summarized as follows: i. Harriman Ditch. 7.71 shares of the 400 shares of capital stock (1.93%), issued and outstanding in the Harriman Ditch Company. Said Company owns direct flow water rights decreed to the Harriman Ditch. Pursuant to the Decree entered in Civil Action No. 6832, on February 4, 1884, the Ditch was awarded the following direct flow priorities: Appropriation Priority MMRC Date No. Source Amount Entitlement April 15, 1868 21 Turkey Creek 10.75 cfs 0.2072 cfs March 16, 1869 23 Bear Creek 7.94 cfs 0.1530 cfs May 1, 1871 25 Bear Creek 25.54 cfs 0.4923 cfs March 1, 1882 30 Bear Creek 12.87 cfs 0.2481 cfs The Bear Creek headgate of the Harriman Ditch is located on the South bank of Bear Creek in the NE 1/4 NE 1/4, Section 2, Township 5 South, Range 70 West, 6th P.M., Jefferson County, Colorado. The Turkey Creek headgate of the Harriman Ditch is located on the South bank of Turkey Creek near the Southwest corner of Section 6, Township 5 South, Range 69 West, 6th P.M., Jefferson County, Colorado. The Ditch was originally decreed for irrigation, livestock watering, domestic and municipal purposes. ii. Warrior Ditch. 2.0 shares of the 160 shares of capital stock (1.25%), issued and outstanding in the Warrior Ditch Company. Said Company owns direct flow water rights decreed to the Warrior Ditch. Pursuant to the Decree entered in Civil Action No. 6832 on February 4, 1884, the Ditch was awarded the following direct flow priorities:


Appropriation Priority MMRC Date No. Source Amount Entitlement December 1, 1861 4 Bear Creek 12.33 cfs 0.1541 cfs April 16, 1862 8 Turkey Creek 2.86 cfs 0.0358 cfs October 31, 1864 14 Bear Creek 25.47 cfs 0.3184 cfs April 1, 1865 16 Bear Creek 11.49 cfs 0.1436 cfs The headgates of the Warrior Ditch are the same as those of the Harriman Ditch, described above. The Ditch was originally decreed for irrigation purposes. iii. Soda Lakes Reservoir Nos. 1 and 2. 8.71 shares of the 400 shares of capital stock (2.18%), issued and outstanding in the Soda Lakes Reservoir and Mineral Water Company. Said Company owns storage water rights decreed to the Soda Lakes Reservoir Nos. 1 and 2. Pursuant to the Decree entered in Civil Action No. 91471 on September 24, 1935, the Soda Lake Reservoir Nos. 1 and 2 were adjudicated for 1,794 acre feet for irrigation purposes, and 598 acre feet for storage for supplying the City of Denver with water for municipal purposes, including the watering of lawns and gardens. The date of appropriation awarded the structures was February 11, 1893. The Soda Lakes Reservoirs are located in Section 1, Township 5 South, Range 70 West, 6th P.M., Jefferson County. The Reservoirs are filled through the Harriman Ditch. iv. Meadowview Reservoir. The structure is located in the NE 1/4 SW 1/4 and the NW 1/4 SE 1/4 of Section 26, Township 5 South, Range 71 West, 6th P.M., Jefferson County, Colorado. Meadowview Reservoir was awarded a conditional water right in Case No. 2001CW294, in an amount of water up to 50 acre feet, for augmentation, replacement, exchange and substitution purposes, with the understanding that the amount will be reduced to the difference between 50 acre feet and the volume of water decreed in Case No. 94CW290 for the same purposes. The source is water tributary to North Turkey Creek. Harriman Ditch and Warrior Ditch direct flow water and water available to MMRC in the Soda Lakes Reservoirs are also stored in Meadowview Reservoir by exchange pursuant to the appropriative rights of substitution and exchange decreed in Case Nos. 2000CW060 and 2001CW293, and the currently pending claim in Case No. 94CW290. c. The overall "firm" yield of consumptive use water available from the MMRC portfolio of Bear Creek/Turkey Creek water rights and storage facilities was quantified in the Decree entered by the District Court for Water Division 1 in Case No. 2001CW293, dated July 16, 2003. The terms and conditions under which the Bear Creek/Turkey Creek water rights are used for augmentation and replacement purposes are set forth in the Decree in Case No. 2001CW293, and are deemed to be res judicata in future proceedings involving such rights, pursuant to Williams v. Midway Ranches, 938 P.2d 515 (Colo. 1997). Reference is made to the Decree in Case No. 2001CW293 for more detailed information. 3. Statement of Plan for Augmentation, Covering all Applicable Matters under C.R.S. Sections 37-92-103(9), 302(1),(2) and 305(8): a. Magdalenski and Besant have subdivided a tract of land, consisting of approximately 48 acres, into a residential subdivision known as Creek Vistas. The property is located in the SW 1/4 of Section 28, Township 5 South, Range 71 West, 6th P.M., Jefferson County, Colorado, and is depicted on the attached Exhibit "A." The subdivision was originally approved on the basis that a single exempt well would serve three residences. Magdalenski and Besant are processing this augmentation plan so that the subdivision can be expanded to four lots, each of which will be served by its own well. b. Wastewater from all in-building uses of water are or will be treated utilizing non-evaporative septic systems with soil absorption leach fields. Return flows are to Cub Creek. c. Based on prior engineering studies of similar residential subdivisions, it is assumed that the maximum average occupancy for each single family residence will be 3.5 persons per residence and that the per capita daily water usage will not exceed 80 gallons as an annual average. The augmentation plan will also cover the irrigation of 500 square feet of lawn grass, or equivalent gardens, per lot, and the watering of eight horses. Gross irrigation requirements for lawn grass are anticipated to be no more than 1.25 acre feet of water per irrigated acre. Water requirements for horses are assumed to be 10 gallons per animal per day. The total volume of water required for the development is projected to be approximately 1.4 acre feet per year. d. Depletions associated with water which is used inside the single family residences will be based on a ten percent (10%) consumption factor. Consumption of lawn grass at this location is 1.0 acre foot per acre. All of the water supplied to horses is assumed to be consumed. Maximum stream depletions are not


anticipated to exceed 0.273 of an acre foot per year. e. The required volume of augmentation water will be provided from the sources described in Paragraph No. 2, above. Due to the small volume of annual stream depletions projected to occur under this plan, instantaneous stream depletions may be aggregated and replaced by one or more releases from storage of short duration. f. Whenever possible, depletions to the stream system which occur during the period April through October, inclusive, will be continuously augmented by MMRC forgoing the diversion of a portion of its Warrior Ditch and/or Harriman Ditch direct flow water rights. During times when MMRC's direct flow water rights are not in priority and during the months of November through March, inclusive, depletions will primarily be augmented by periodically releasing water from the Soda Lakes Reservoirs. g. Since the point of depletion associated with water use from the Creek Vistas Well Nos. 1, 2, 3 and 4 is upstream of the Harriman Ditch headgate, Magdalenski and Besant assert an appropriative right of substitute supply and exchange pursuant to C.R.S. Sections 37-80-120 and 37-92-302(1)(a). The reach of the exchange shall extend from the confluence of Bear Creek and Turkey Creek at Bear Creek Lake in Section 5, Township 5 South, Range 69 West, 6th P.M., Jefferson County, Colorado; thence up Bear Creek to the confluence of Bear Creek and Cub Creek located in the SW 1/4 SW 1/4 of Section 10, Township 5 South, Range 71 West, 6th P.M.; thence up Cub Creek to the confluence of Cub Creek and an unnamed tributary of Cub Creek located in the SE 1/4 SE 1/4 of Section 28, Township 5 South, Range 71 West, 6th P.M.; and thence up the unnamed tributary to the point where depletions from the subject wells impact the unnamed tributary of Cub Creek in the SE 1/4 SW 1/4 of Section 28, Township 5 South, Range 71 West, 6th P.M. The exchange will operate to replace depletions to the flow of water in Cub Creek and Bear Creek as the depletions occur. The exchange may also be used to fill an on-site storage container if such a container is ever determined to be needed. The exchange will be administered with a priority date of March 30, 2005, at a maximum flow rate of 0.001 of a cubic foot per second. h. Magdalenski and Besant believe and assert that the depletions associated with the wells described herein, combined with depletions associated with other augmentation plans filed subsequent to 1994, will result in less than a one percent depletive effect on the instream flow water rights held by the Colorado Water Conservation Board on Cub Creek and Bear Creek that were decreed in Case Nos. 94CW251, 94CW259 and 94CW260. 4. Names and Addresses of Owners of Land on which New Structures will be Located: Structures described in Paragraph No. 1: John J. Magdalenski and Lari L. Besant, as above described. WHEREFORE, Magdalenski and Besant request the entry of a decree approving this Application, specifically determining that the source and location of delivery of augmenta-tion water are sufficient to eliminate material injury to vested water rights. Magdalenski and Besant also request a determination that the wells described herein can be operated without curtailment so long as out-of-priority stream depletions are replaced as proposed herein. Magdalenski and Besant further request the entry of an Order directing the State Engineer to issue permits for the construction and use of the subject wells. (8 pages and 1 exhibit). 05CW057 BRIAN R. DIEDRICH and ASHLEIGH M. OLDS, 23605 Oehlmann Park Road, Conifer, Colorado 80433, NORTH FORK ASSOCIATES, LLC and the MOUNTAIN MUTUAL RESERVOIR COMPANY, 2525 South Wadsworth Blvd., Suite 306, Denver, Colorado 80227. (c/o David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR UNDERGROUND WATER RIGHT, APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT, IN JEFFERSON AND PARK COUNTIES. APPLICATION FOR UNDERGROUND WATER RIGHT: 1. Name of Well and Permit, Registration or Denial Number: Raven's Lot "C" Well (Permit No. 033605-F). 2. Legal Description of the Well: The Well is located in the NE 1/4 SW 1/4 of Section 19, Township 6 South, Range 70 West, 6th P.M., Jefferson County, Colorado, at a point approximately 2,500 feet from the South Section line and 2,180 feet from the West Section line of said Section 19. It can also be described as being located on Lot "C" of the Raven's Subdivision. 3.A. Source of Water: Ground water that is tributary to Deer Creek and the South Platte River. 3.B. Depth of Well: 135 feet. 4.A. Date of Appropriation: May 6, 1988. 4.B. How Appropriation was Initiated: Issuance of a well permit by the Colorado Division of Water Resources. 4.C. Date Water Applied to Beneficial Use: August 18, 1988. 5. Amount Claimed: 8 gallons per minute, Absolute. 6. Uses: Ordinary household purposes inside a single family dwelling, the


watering of livestock and domestic animals and fire protection purposes. 7. Names and Addresses of Owners of Land on which the Well is Located: Brian R. Diedrich and Ashleigh M. Olds, as described above. 8. Remarks: Copies of Permit No. 033605-F and the Well Completion Report for the Raven's Lot "C" Well are attached as Exhibits "A" and "B." APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT: 1. Name of Structure to be Augmented: Raven's Lot "C" Well. 2. Water Rights to be Used for Augmentation Purposes. a. Brian R. Diedrich and Ashleigh M. Olds ("Diedrich and Olds"), have entered into a contract with North Fork Associates, LLC to purchase 1.1 shares of the capital stock of the Mountain Mutual Reservoir Company, ("MMRC"). The 1.1 shares represent the right to receive 0.036 of an acre foot of augmentation water per year from the water rights and storage facilities MMRC holds for the benefit of its shareholders, as more particularly described below. b. MMRC owns water rights decreed to the Parmalee Ditch No. 1, the Carruthers Ditch No. 2 and the Nickerson Ditch No. 2 ("Parmalee/Carruthers water rights"), portions of which will be used to replace the out-of-priority depletions from the Richmond Hill Meadows Wells. The Parmalee/Carruthers water rights have a priority date of May 1, 1867 and were decreed in the original adjudication for former Water District No. 23 by the Park County District Court on May 22, 1913 in Civil Action No. 1678. Historically, the Parmalee/Carruthers water rights were diverted from Deer Creek at the headgate of the Nickerson Ditch No. 2 in the NW 1/4 SE 1/4 of Section 9, Township 7 South, Range 72 West, 6th P.M., Park County, Colorado. Such diversions no longer occur. The terms and conditions under which the Parmalee/Carruthers water rights are used for augmentation, replacement and storage purposes are described in the Decree entered by the District Court for Water Division 1 in Case No. 2000CW174, dated October 11, 2002, and are deemed to be res judicata in future proceedings involving such rights, pursuant to Williams v. Midway Ranches, 938 P.2d 515 (Colo. 1997). A copy of the Decree in Case No. 2000CW174 is attached as Exhibit "C." c. Consumable water stored in Maddox Reservoir and/or the Lower Sacramento Creek Reservoir No. 1 will be released to the stream system when the Parmalee/Carruthers water rights are out-of-priority. The Lower Sacramento Creek Reservoir No. 1 is located in the NE 1/4 NW 1/4 of Section 32 and the SE 1/4 of Section 29, Township 9 South, Range 77 West, 6th P.M., Park County. It was originally decreed in Case No. W-7741-74 for domestic, municipal, commercial, industrial, irrigation, fish and wildlife propagation, recreational and all other beneficial purposes, including exchange to compensate for depletions in the South Platte River or its tributaries. Maddox Reservoir is located in the NE 1/4 SW 1/4 of Section 22, Township 7 South, Range 73 West, 6th P.M., Park County. 3. Statement of Plan for Augmentation, Covering all Applicable Matters under C.R.S. Sections 37-92-103(9), 302(1),(2) and 305(8): a. Diedrich and Olds are the record owners of Lot "C" of the Raven's Subdivision. The property consists of approximately 10.3 acres and is located in the E 1/2 SW 1/4 of Section 19, Township 6 South, Range 70 West, 6th P.M., Jefferson County, Colorado. The property is depicted on the attached Exhibit "D." b. The Raven's Lot "C" Well was constructed pursuant to the plan for augmentation decreed in Case No. 83CW323. Use of water from the Well pursuant to that augmentation plan is limited to in-house purposes within a single family residence. Diedrich and Olds desire to expand the use of water from the well to include horse watering. c. A total of three horses or equivalent livestock may be boarded on site. Water requirements for horses are assumed to be 10 gallons per animal per day. The total volume of water required for the expanded purpose is projected to be no more than approximately 0.034 of an acre foot per year. d. All of the water supplied to horses or equivalent livestock is assumed to be consumed. Maximum stream depletions, including any applicable stream transportation charges, are not anticipated to exceed 0.036 of an acre foot per year. e. The required volume of augmentation water will be provided from the sources described in Paragraph No. 2, above. Due to the small volume of annual stream depletions projected to occur under this plan, instantaneous stream depletions may be aggregated and replaced by one or more releases from storage of short duration. f. Whenever possible, depletions to the stream system which occur during the period April 23 through October 31, inclusive, will be continuously augmented by MMRC forgoing the diversion of a portion of its Parmalee/Carruthers water rights. During times when the Parmalee/Carruthers water rights are not in priority and during the non irrigation season, depletions will be augmented by releasing water from Maddox Reservoir or the Lower Sacramento Creek Reservoir No. 1. Transportation charges from the point where water is released from MMRC's facilities to the stream system, to the point of depletion from the subject


well, will be computed on the basis of 0.13 percent per mile. g. Since the point of depletion associated with water use from the Raven's Lot "C" Well is on a side tributary of the South Platte River, Diedrich and Olds assert an appropriative right of substitute supply and exchange pursuant to C.R.S. Sections 37-80-120 and 37-92-302(1)(a). The reach of the exchange shall extend from the confluence of Deer Creek and the South Platte River in the SE 1/4 of Section 11, Township 6 South, Range 69 West, 6th P.M.; thence up Deer Creek to the confluence of Deer Creek and the North Fork of Deer Creek in the NE 1/4 SW 1/4 of Section 11, Township 6 South, Range 70 West, 6th P.M.; and thence up the North Fork of Deer Creek to the point of depletion from the subject well in the NW 1/4 SE 1/4 of Section 19, Township 6 South, Range 70 West, 6th P.M. The exchange will operate to replace depletions to the flow of water in the North Fork of Deer Creek, Deer Creek and the South Platte River as the depletions occur. The exchange will be administered with a priority date of March 30, 2005, at a maximum flow rate of 0.001 of a cubic foot per second. 4. Names and Addresses of Owners of Land on which New Structures will be Located: N/A. WHEREFORE, Diedrich and Olds request the entry of a decree approving this Application, specifically determining that the source and location of delivery of augmentation water are sufficient to eliminate material injury to vested water rights. Diedrich and Olds also request a determination that the well described herein can be operated to water horses without curtailment so long as out-of-priority stream depletions are replaced as proposed herein. Diedrich and Olds further request the entry of an Order directing the State Engineer to issue a permit for the expanded use of the subject well if requested by them. (6 pages and five exhibits totaling 15 pages). 05CW058 THE GROUNDWATER MANAGEMENT SUBDISTRICT OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT, 3209 West 28th Street, Greeley, Colorado 80634. (970) 330-4540. C/O Kim R. Lawrence, Lind, Lawrence & Ottenhoff, LLP, 1011 11th Avenue, Greeley, CO, 80631, (970)356-9160. APPLICATION FOR CHANGE OF WATER RIGHTS, IN WELD COUNTY. 2. Name of Structure. Weldon Valley Ditch Company (8.125 shares). 3. Previous Decrees. The Weldon Valley Ditch was decreed in Case No. 433 in the Weld County District Court, Weld County, State of Colorado, on November 21, 1895 with appropriation date of October 26, 1881 for 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 North, Range 61 West of the 6th P.M., Weld County, Colorado. 4. Historic Use. Central acquired 8.125 shares of the Weldon Valley Ditch Company (shares). There are 640 shares outstanding in the Company. The shares historically irrigated three separate parcels of the Shaver Farm, designated A, B, and C, respectively. 4.1 Parcel A. Parcel A (43 acres) was historically irrigated with 3 shares and was the sole irrigation supply in part of the SW¼ NW¼ of Section 30, and the W½ NW¼ NW¼ of Section 30, Township 5N, Range 59W. The 3 shares were used to irrigate 21.5 acres of hay and 21.5 acres of corn from 1978 to 1998, and 43 acres of hay from 1999 to 2003. 4.2 Parcel B. Parcel B (66.5 acres) was historically irrigated with 5 shares and was the sole irrigation supply in part of the W½ NW¼ of Section 33 and part of the NE¼ NW¼ SW¼ of Section 33, Township 5N, Range 59W. The 5 shares were used on the 66.5 acres to irrigate corn from 1983 to 1998, and hay from 1999 to 2003. 4.3 Parcel C. Parcel C (0.5 acres) was historically irrigated with 0.125 shares of Weldon Valley Ditch and was the sole irrigation supply in the SW¼ NW¼ of Section 30 and the W½ NW¼ NW¼ of Section 30, Township 5N, Range 59W. The 0.5 share was used on the 0.5 acres to irrigate 0.33 acres of sweet corn and 0.17 acres of garden vegetables from 1978 to 2000 and 0.5 acres of sweet corn from 2001 to 2003. 4.4 The farm headgate delivery of the shares averaged a total of 338.63 acre-feet assuming a 15% ditch loss for the ditch. The historic on-farm depletion of surface water supply of the shares averaged 164.64 acre-feet based on a maximum flood irrigation application efficiency of 65 percent. 5. Proposed Change. Central seeks to change the use of the shares to include augmentation, recharge, replacement, and exchange, by direct release or storage for later release with the right to totally consume the consumable portion of the water, either by first use, successive use, or disposition. Specifically the shares will be used in the plans for augmentation in Case No. 02CW335 and Case No. 03CW99. As a condition of purchase of the shares Central has dry-up agreements on all the parcels. Central proposes terms which include, 1) an average annual augmentation delivery for the shares limited to 338.63 acre-feet per year on a five-year rolling average; 2) maximum


monthly volumetric augmentation delivery limits for the shares shown below; 3) a diversion season of April 1 through November 30; 4) an annual maximum volumetric augmentation delivery of the shares limited to 488.56 acre-feet.

Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec 8.125 Shares Weldon Valley Ditch (acre-feet)

0.00 0.00 0.00 58.55 76.99 85.90 104.77 105.09 79.20 59.78 10.06 0.00

6. Return Flow. The monthly return flow factors below will be applied to the measured augmentation station deliveries of the shares delivered to the Weldon Valley Ditch from April through October. The winter return flows will be determined using the November through March factors times the previous years’ annual augmentation deliveries of the shares. The monthly on-farm groundwater returns were lagged to the river using the Alluvial Water Accounting System (AWAS) model. Return flows for the shares averaged 165.29 acre-feet per year. Historic returns are hereby reappropriated and will be maintained only for calls senior to the date of the filing of this application.

8.125 Shares Weldon Valley (acre-feet)


Summer Return Flow Factors 0.53 0.34 0.33 0.23 0.24 0.40 0.85

Winter Return Flow Factors 0.03 0.02 0.02 0.04 0.03

Net Stream Depletions. In order to determine the amount of water that Central can claim for augmentation purposes, the average monthly net stream depletion was calculated as the difference between the average monthly farm headgate diversion, and the average monthly return flow obligation. This net stream depletion represents the total depletion to the river due to the historic use of the subject shares. The net stream depletion attributable to irrigation with the shares for the study period of 1950-2003 averaged 173.33 acre-feet per year. Central will agree to leave 15 percent of its total pro-rata river headgate diversion attributed to the shares to protect other shareholders. 8. Places of Storage & Recharge. 8.1 Nissen Reservoir located in the SE¼ and the E½ SW¼ of Section 12, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado, and more fully described in Case No. 02CW270. 8.2. Milliron & Kiowa Recharge & Storage Project located in the NE¼ of Section 13 and the NE¼ of Section 22 both in Township 4 North, Range 60 West of the 6th P.M. and decreed in Case No. 81CW382. 8.3. The shares may also be diverted at OWW Wells No. 1, 2 or 4 for diversion to recharge sites developed by Orphan Wells of Wiggins, LLC pursuant to the application in Case No. 04CW84. 9. Administration. The shares will be delivered to existing augmentation stations by the Ditch Company and will be measured to the South Platte River. 10. Name and Address of Owners of Structures: Applicant and the Weldon Valley Ditch Company, c/o Rick Lorenzini, President, P.O. Box 626, Weldona, CO 80653. 05CW059 TOWN OF MILLIKEN (owner of 2 shares of Consolidated Hillsborough Ditch and Knaub Well #0456 pursuant to this application), J. R. Schnelzer, Town Administrator, 1101 Broad Street, P. O. Box 290, Milliken, Colorado 80543. Telephone: 970-587-4331. FRANK BROTHERS (owners of 2 shares of Consolidated Hillsborough Ditch and Oster Well #165049A pursuant to this application), Box A, Milliken, Colorado 80543. Telephone: 970-587-5125. LOT HOLDING INVESTMENTS, LLC (owner of Knaub Seep and Hadely Reservoir, 1760 Broad Street, Unit E, Milliken, Colorado 80543. Telephone: 970-587-8204 C/O Kim R. Lawrence, LIND, LAWRENCE & OTTENHOFF, LLP, 1011 11th Avenue, Greeley, CO, 80631, (970)356-9160. APPLICATION FOR WATER RIGHT, CHANGE OF WATER RIGHTS AND PLAN FOR AUGMENTATION, IN WELD COUNTY. 2. Application for Water Right. 2.1 Name of Structure. Oster Well No. 165049-A. 2.2 Location. In the NE¼, Section 10, Township 4 North, Range 67_ West of the 6th P.M., Weld County, Colorado, approximately 1480 feet north and 200 feet east of the northwest corner of said section. 2.3 Depth. 45 feet. 2.4 Amount Claimed.


10 acre feet. 2.5 Use. Commercial Use. 3. Change of Water Right. Knaub Well No. 0456. 3.1 Previous Decree. A decree was entered in the Water Court, Water Division No. 1, Case No. W-420 on February 7, 1972 for Knaub Well No. 0456 located in the NW¼ NW¼ of Section 14, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado, at a point 460 feet south and 942 feet east of the Northwest corner of said Section 14, with a date of appropriation of December 31, 1934, in the amount of 1.7 c.f.s. for irrigation of land in Section 14, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. 3.2. Historical Use: Knaub Well No. 0456 was used for irrigation of 105 acres in the NW¼ of Section 14, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado along with 1 share of Consolidated Hillsborough Ditch, the Edward Knaub Ditch and Hadely Reservoir rights from 1950 through 1974. A center pivot was installed in 1975 and irrigated 125 acres with the 1 share of Consolidated Hillsborough, Edward Knaub Ditch, Hadely Reservoir and Knaub Well #0456 from 1975 through 2002. The parcel is scheduled for development. 3.3 Proposed Change: Applicant proposes to re-drill the Knaub Well #0456 (RO Well #2) in the NW¼ NW¼ of Section 14, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado, at a point 450 feet south and 1000 feet east of the Northwest corner of said Section 14. The re-drilled Knaub Well #0456 will be used to provide raw water to the Town’s new reverse osmosis (RO) water treatment plant located in Section 14. The use of the Knaub Well will be changed to municipal use including, commercial, industrial, domestic, irrigation, augmentation, exchange, fire protection, and all other municipal uses. 4. Change of Water Rights. Consolidated Hillsborough Ditch (4 shares). 4.1. Previous Decree. District Court CA 8426. The headgate of the Consolidated Hillsborough Ditch is located in SE¼ NW¼ of Section 21, T5N, R68W of the 6th P.M. Weld County, Colorado, on the Big Thompson River. The Ditch has the following absolute water rights which are decreed for irrigation purposes: Adjudication Appropriation Date Date Amount 5/28/1883 11/10/1861 63.31 c.f.s. 5/28/1883 10/15/1874 8.25 c.f.s. 5/28/1883 4/15/1878 54.00 c.f.s. 5/28/1883 10/6/1881 45.69 c.f.s. 4.2 Historical Use: The 4 shares were historically used to irrigate up to 364 acres on 3 separate farms. 4.2.1 Parcel 1. The Frank Brothers farm in the SE1/4 of the NE1/4 and the NE1/4 of the SE1/4 of Section 10, 4N, 67W consisted of 78 acres of corn, alfalfa, sugar beets and barley flood irrigated from 1950 through 2002. The Town of Milliken obtained a dry-up covenant on the 80 acre parcel. The farm was irrigated by 2 shares of Consolidated Hillsborough Ditch and Oster Well No. 13787. Figure 1 shows the 78 acres. 4.2.2 Parcel 2. The Frank Brothers farm in the NE1/4 of Section 15, 4N, 67W and the SE1/4 of the SE1/4 of Section 10, 4N, 67W consisted of 50 acres of corn, alfalfa, sugar beets and barley, flood irrigated from 1950 through 1974 using 1 share of Consolidated Hillsborough Ditch. In 1975 a 125 acre center pivot was installed. From 1975 through 2002 the 125 acres were irrigated under the center pivot and 36 acres remained under flood irrigation. Figures 1 and 2 show the irrigated acres for each historical period evaluated. The parcel was irrigated with 1 share of Consolidated Hillsborough over the entire 1950 through 2002 period studied and was the only source of water. All of the land is annexed into the Town of Milliken and is scheduled for development. 4.2.3 Parcel 3. See ¶3.2. 4.2.4 Consumptive Use. Farm headgate deliveries for the 4 shares were estimated from the river headgate diversions attributed to the Consolidated Hillsborough ditch and pro-rated based on a total of 118 shares, and a 20 percent ditch conveyance loss. The farm headgate deliveries of the Edward Knaub Ditch and the Hadely Reservoir were developed from a daily call analysis for the 1950 through 2002 period studied. The net crop water irrigation requirement was estimated using the Modified Blaney-Criddle method, which includes effective precipitation and a soil moisture budget. Climate data from the Greeley weather station was used in the modified Blaney-Criddle. The consumptive use of the 4 shares was estimated assuming a maximum field irrigation application efficiency of 55 percent for flood irrigation and 85 percent for center pivot applications. 4.2.5 Historical Return Flows. The historical return flows attributed to the 4 shares for all three farms were calculated from the farm headgate deliveries minus the consumptive use. It was


assumed that the return flow returned to the Big Thompson River via deep percolation for all three farms. Ground water returns for the three parcels were lagged using the Glover Stream Depletion model (Glover) assuming appropriate aquifer boundary conditions and characteristics. Historical well depletions were lagged back to the stream using the Glover model. 4.3. Proposed Change: Applicant proposes to change the 4 shares to augmentation, replacement and exchange. The 4 shares will be delivered to recharge ponds and/or measured through existing augmentation stations. Applicant is not seeking any change for Oster Well No. 13787. That water right will be used by Applicant under it’s present decree. In order to prevent injury to other water rights, Applicant proposes 1) limit the augmentation deliveries of the 4 shares to 403.72 acre-feet on a five year rolling average; 2) limit monthly volumetric augmentation delivery for the 4 shares as shown below; 3) limit the diversion season for the 4 shares to March 26 through November 2; 4) limit the annual maximum augmentation delivery of the 4 shares to 526.28 acre-feet; 5) leave 20 percent of the total pro-rata river headgate diversion attributed to the 4 shares in the ditch to protect other shareholders. Surface and ground water returns will be maintained for all calls senior to the date of the filing of this application and Applicant will use recharge accretions or storage water rights located upstream of the senior calling right. Monthly Volumetric Limits-4 shares Consolidated Hillsborough Ditch (all values in acre feet) Monthly Maximum Aug Deliveries

Jan

0.00

Feb

0.00

Mar

4.32

Apr

35.26

May

93.83

Jun

145.52

Jul

170.06

Aug

112.82

Sep

81.66

Oct

43.41

Nov

0.69

Dec

0.00

Total

526.28

5. Change of Water Rights. Edward Knaub Ditch. 5.1 Previous Decree. A decree was entered in the Water Court, Water Division No. 1, Case No. W-1625 on December 15, 1975 for Edward Knaub Ditch the point of diversion being a twelve inch CMP on the East side of a county road along the West line of Section 14, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado, from whence the W½ Corner of said Section 14 bears N 56º30’00” W, a distance of 29 feet, with a date of appropriation of May 1, 1898, in the amount of 4.5 c.f.s. for irrigation of 80 acres in the N½ NW¼ of said Section 14. 5.2 Historic Use. See ¶3.2. 5.3. Consumptive Use. See ¶4.24 5.4 Historic Return Flows. See ¶4.25. 5.5 Proposed Change. Applicant proposes to change the Knaub Ditch to add augmentation, replacement and exchange to the existing irrigation use. The farm headgate deliveries of the Knaub Ditch were developed from a daily call analysis for the 1950 through 2002 period studied. Applicant will limit the augmentation deliveries of the Knaub Ditch to 25.07 acre-feet on a five year rolling average. The diversion season for the Knaub Seep is March 26 through November 2. The annual maximum recharge delivery of the Knaub Ditch will be limited to 58.42 acre-feet. The maximum monthly volumetric augmentation delivery for the Knaub Ditch is shown below. Monthly Volumetric Limits-Knaub Seep (all values in acre feet) Monthly Maximum Aug Deliveries

Jan

0.00

Feb

0.91

Mar

4.75

Apr

26.20

May

31.82

Jun

37.58

Jul

27.91

Aug

1.66

Sep

0.02

Oct

0.36

Nov

1.20

Dec

1.09

Total

58.42

6. Change of Water Rights. Hadely Reservoir. 6.1. Previous Decree. A decree was entered in the Water Court, Water Division No. 1, Case No. W-421 on June 1, 1976 for Hadely Reservoir being located in Section 14, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado, with a date of appropriation of May 1, 1898, in the amount of 19.182 acre feet for irrigation of 110 acres in the NW¼ of said Section 14. 6.2. Historic Use. See ¶3.2. 6.3. Consumptive Use. See ¶4.24. 6.4. Historic Return Flows. See ¶4.25. 6.5. Proposed Change. Applicant proposes to change the Hadely Reservoir to add augmentation, replacement and exchange to the existing irrigation use. Milliken will limit the


augmentation deliveries of the Hadely Reservoir to 5.04 acre-feet on a five year rolling average. The annual maximum augmentation delivery of the Hadely Reservoir will be limited to 24.05 acre-feet. 7. Decreed Name of Structures to be Augmented. Knaub Well No. 0456 and Oster Well No. 165049-A. 8. Plan for Augmentation. 8.1. Groundwater Consumptive Use Knaub Well. The re-drilled Knaub Well #0456 will be used to provide raw water to the Town’s new reverse osmosis (RO) water treatment plant located in Section 14. Net average depletions are shown in the Table below. The Town reserves the right to claim the lawn return flows and wastewater treatment plant effluent in future Water Court applications. Total annual pumping from the re-drilled Knaub Well #0456 will be limited to 350 acre-feet annually. Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total

8.78 8.63 8.90 8.80 8.93 7.21 7.38 7.41 7.31 9.10 9.06 9.17 100.69

8.2. Groundwater Consumptive Use Oster Well. The Oster well will be used for commercial use for a convenience storage and car wash. The Table below shows the estimated monthly depletions. Oster Well 165049-A Operations (all values in acre feet) Jan

Feb

Mar

Apr

May

Jun

Jul

Aug

Sep

Oct

Nov

Dec

Total

Car Wash Consumptive Use

0.25 0.00 0.00 0.01 0.12 0.25 0.48 0.62 0.52 0.28 0.12 0.00 3.00

Landscape Consumptive Use 1 acre

0.00 0.00 0.01 0.12 0.25 0.48 0.62 0.52 0.28 0.12 0.00 0.00 2.40

Lagged Well Depletions

-0.48 -0.47 -0.46 -0.44 -0.43 -0.41 -0.41 -0.42 -0.44 -0.46 -0.49 -0.50 -5.40

Replacement. The 4 shares will be delivered directly to the Big Thompson River or for recharge to three existing recharge ponds, Centennial Lake North, Centennial Lake South and Ehrlich Lake as shown in Figure 3. These three recharge ponds are being decreed pursuant to the application in Case No. 02CW339. The augmentation deliveries and recharge accretions will augment the well depletions from Knaub Well 0546, Oster Well No. 165049A and historical lagged return flows from the 4 shares, Knaub Seep and Hadely Reservoir. In addition, the augmentation deliveries and recharge accretions will augment the depletions from all of the alluvial wells owned by Milliken and historical return flow obligations from other water rights owned by Milliken. 8.4 Accounting. Accounting for the augmentation plan will be compiled monthly. The plan will be administered on a daily basis, and the accounting for the past month’s operation will be completed in the following month. Reports will be electronically mailed to the Division Engineer in Greeley. 9. Name and Address of Owners of Structures: All water rights and structures are owned by Applicant except the Hillsborough Ditch which is owned by the Consolidated Hillsborough Ditch Company, c/o Margaret Vetter, Secretary, 612 Charlotte Street, Johnstown, Colorado 80534. 05CW060 PEGGY B. GRAHAM and HELEN C. BURLESON, 9830 Niwot Road, Longmont, Colorado 80504. (c/o David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR CHANGE OF WATER RIGHT. IN JEFFERSON COUNTY. 2. Decreed Names of Structures for which Change is Sought: Burleson Well Nos. 1, 2, 3 and 4. 3. From Previous Decree: A. Date Entered: July 7, 2004. Case No. 2003CW281. Court: District Court, Water Division 1. B. Decreed Points of Diversion: Burleson Well No. 1: A point in the NW 1/4 NE 1/4 of Section 29, Township 4 South, Range 70 West, 6th P.M., Jefferson County, Colorado, approximately 1,280 feet from the North Section line and 1,872 feet from the East Section line of said Section 29. Burleson Well No. 2: A point in the NW 1/4 NE 1/4 of Section 29, Township 4 South, Range 70 West, 6th P.M., Jefferson County, Colorado, approximately 990 feet from the North Section line and 1,920 feet from the East Section line of said Section 29. Burleson


Well Nos. 3 and 4: Generally described in the Decree as being located in the NW 1/4 NE 1/4 of Section 29, Township 4 South, Range 70 West, 6th P.M., Jefferson County, Colorado. C. Source: Ground water that is tributary to Sawmill Gulch, Bear Creek and the South Platte River. D. Appropriation Dates: Burleson Well Nos. 1 and 2: September 4, 2001. Burleson Well Nos. 3 and 4: July 31, 2003. E. Amount: 15 gallons per minute, CONDITIONAL, for each well. F. Historic Use: Not applicable. 4. Proposed Change: Applicants seek approval to move the decreed point of diversion for each well so that the well locations will be compatible with the final configuration of the Burleson Ranch Subdivision. The Burleson Well No. 1 will be located on Lot 1 of the Burleson Ranch Subdivision at a point in the NE 1/4 NE 1/4 of Section 29, Township 4 South, Range 70 West, 6th P.M., Jefferson County, Colorado, approximately 702 feet from the North Section line and 1,050 feet from the East Section line of said Section 29. The Burleson Well No. 2 will be located on Lot 2 of the Burleson Ranch Subdivision at a point in the SW 1/4 NE 1/4 of Section 29, Township 4 South, Range 70 West, 6th P.M., Jefferson County, Colorado, approximately 1,371 feet from the North Section line and 1,925 feet from the East Section line of said Section 29. The Burleson Well No. 3 will be located on Lot 3 of the Burleson Ranch Subdivision at a point in the SW 1/4 NE 1/4 of Section 29, Township 4 South, Range 70 West, 6th P.M., Jefferson County, Colorado, approximately 1,826 feet from the North Section line and 1,837 feet from the East Section line of said Section 29. The Burleson Well No. 4 will be located on Lot 4 of the Burleson Ranch Subdivision at a point in the SW 1/4 NE 1/4 of Section 29, Township 4 South, Range 70 West, 6th P.M., Jefferson County, Colorado, approximately 1,574 feet from the North Section line and 2,049 feet from the East Section line of said Section 29. 5. Names and Address of Owners of land on which the above Described Points of Diversion are Located: Peggy B. Graham and Helen C. Burleson, as described above. 6. Remarks: The Burleson Well Nos. 1, 2, 3 and 4 will be operated under the plan for augmentation previously decreed by the Court in Case No. 2003CW281. WHEREFORE, Applicants request the entry of a decree approving a change of water right for the Burleson Well Nos. 1-4 as described herein. Applicants further request the entry of an Order directing the State Engineer to issue permits for each of the wells at the requested locations. (4 pages) 05CW061 CAMFIELD WATER USERS ASSOCIATION, P.O. Box 744, Galeton, CO 80622 (970-834-0385). APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION, IN WELD COUNTY. 2. Name of structures: Armstrong #234753; Bishop #223849; Buckridge #232309; Bucy #234085; Carlson #215911; Carlson #243728; Craig #243442; Crawford #243724; Delgado #240441; Dougherty #220649; Emery #234965; Evans #238878; Faulk #234556; Fraser #239644; Gann #233726; Heinze #203870; Howes #226335; Howes #215933; Jackson #236968; Keiss #233847; Kirkendall #233030; Knee #236974; Kuntz #234443; Lamborn #237423; Legler #234559; Lopresto #238728; Moore #244798; Murrow #212701; Orand #244800; Poffenroth #235482; Pope #239643; Rojas #243723; Schlierkamp #234422; Schneider #233603; Schultz #235925; Scopel #189889; Scott #236584; Shostrom #230529; Smallwood #191676; Wagner #234579; Wallace #243726; Weaver #236229. There are no other water rights diverted from these structures. 3. Previous decree(s) for water right(s) to be used for augmentation: A. Date entered: 1. Cache LaPoudre Reservoir: 04/11/1882; 12/09/1904; 04/22/1922; 09/10/1953. 2. New Cache LaPoudre Irrigating Co: 04/11/1882; 12/31/1975. B. Case No: 1. CA1260; CA1591; CA2031; CA11217. 2. CA0320; W8059. C. Court: Larimer District Court; Water Dist 3/Water Division 1. D. Type of water right is storage and surface. E. Legal description: NE 1/4, SE 1/4, SW 1/4 of Sec 11, T6N, R68W of 6th PM in Larimer County. Also, portions of Sec 23, 24, 25, 26 in T7N, R68W. G. Amount: 2 shares of Cache LaPoudre Reservoir and 2 shares of New Cache LaPoudre Irrigating Co. H. Appropriation: Reservoir: 8379 a/f, 1740 a/f, 5948 a/f, 4171 a/f. Irrigating Co: 110 cfs, 170 cfs, 184 cfs, 121 cfs, 65 cfs. I. Decreed Use: Irrigation. 4. Historic use: The two shares of Cache LaPoudre Reservoir (Certificate 3856-number subject to change pending transfer) and the two shares of New Cache LaPoudre Irrigating (Certificate 4562-number subject to change) were used to irrigate a parcel of land of approximately 32.5 acres located in Section 1, T6N, R67W, of the 6th PM, Weld County, CO more particularly described as Lot B of Recorded Exemption No. 0807-23-1-RE 3479, recorded April 29, 2003 at Reception NO. 305639, being a part of the E 1/2 of the NE 1/4 of Section 32, T6N, R67W of the 6th PM, Weld County, Colorado. As part of the purchase of aforesaid water rights, the owners of


aforesaid lands have entered into and recorded a dry-up covenant to cease utilization of the water rights on 9.8 acres more or less which is described on the attached map. The average consumable yield for these shares is 8.46 acre feet for the direct flow and 6.0 acre feet for the storage shares for a total of 14.46 acre feet assuming a 20 percent ditch loss and 55 percent irrigation efficiency for flood irrigation. These shares will provide a net augmentation of 13.01 acre feet assuming a 10 percent river transit loss to Kersey. The dry-up acres were calculated assuming irrigated pasture, moderately steep slopes and partially sub-irrigated sandy clay-loan soil. 5. Statement of plan for augmentation details: Applicant seeks to change the use of two shares of New Cache LaPoudre Irrigating Company and two shares of Cache La Poudre Reservoir to include augmentation. Applicant intends to fully consume the consumable portion of the water, either by first use, successive use or disposition. The wells of members of the Camfield Water Users Association were originally permitted as exempt household use wells. Under this plan, these wells will become non-exempt wells, applicant proposes a plan for augmentation to prevent injury to senior appropriators from any out-of-priority diversions by the wells. A. Well depletions: The use of the wells as proposed cause the depletion of 12.9 acre feet of water per year based on the demand for in-house, domestic, livestock and lawn and garden irrigation uses of the member single-family properties. B. Augmentation releases: Applicant will use the two shares of New Cache LaPoudre Irrigating Company and two shares of Cache LaPoudre Reservoir to make direct augmentation releases back to the Cache LaPoudre River. The augmentation release credits attributed to these shares will total approximately 13.01 acre feet. Applicant may add or delete specific wells on Exhibit 1 as long as the combined rate of diversion from the wells does not exceed 13.01 acre feet. Applicant shall send a listing of the wells that have membership in the Camfield Water Users Association to the Division Engineer no later than March 1 of each year. The listing shall include the name of the well, the permit or late registration number, the amount of the diversion in gpm, the acreage irrigated, the number of livestock, the total amount of diversions and the total amount of acreage for wells within the Association. Based on the engineering analysis, Exhibit 2, the applicant proposes to commit one share of New Cache LaPoudre Irrigating Company and one share of Cache LaPoudre Reservoir to the augmentation plan for a period of 25 years. Thereafter, all four shares will be committed to the plan. Table 4 in Exhibit 2 illustrates the supply plan. C. The net impact results in no material injury to senior water rights. 6. Name and address of owners: Camfield Water Users Association, P.O. Box 744, Galeton, CO 80622 and New Cache LaPoudre Irrigating Company and Cache LaPoudre Reserovir Company, 33040 Railroad Avenue, P.O. Box 105, Lucerne, CO 80464. 05CW062 GOLDEN EAGLE RANCH, LLC, Attn: Charles P. Woods, 600 Grant Street, Suite 620, Denver, CO 80203, (303) 864-0444. (Steven P. Jeffers, Esq., Bernard, Lyons, Gaddis & Kahn, P.C., P.O. Box 978, Longmont, CO 80502-0978, (303) 776-9900.) APPLICATION FOR UNDERGROUND WATER RIGHT, WATER STORAGE RIGHT, SURFACE WATER RIGHT, CHANGE OF WATER RIGHTS, AND PLAN FOR AUGMENTATION, IN LOGAN, MORGAN AND WASHINGTON COUNTIES. FIRST CLAIM: UNDERGROUND WATER RIGHT. The application is filed in the name of Golden Eagle Ranch, LLC, Charles P. Woods and the other landowners described in Exhibit A. 2. Name of well and permit, registration, or denial number(s): A. GE Well No. 1. B. Permit No.: Applicants do not have a well permit, but will be filing an application for well permit concurrent with or shortly after filing this Application. 3. Legal description of proposed well: The well will be located in the NE¼ of the SE¼ Section 6, T9N, R50W of the 6th P.M. in Logan County, 1,500 feet from the South section line and 450 from the East section line. 4. A. Source: Ground water tributary to the South Platte River. B. Depth: approximately 60 feet. 5. A. Date of appropriation: March 31, 2005. B. How appropriation was initiated: by field inspection of the well site and filing of this application. C. Date water applied to beneficial use: N/A. 6. Amount claimed: 2,500 gpm, CONDITIONAL. 7. Proposed use: Irrigation, including waterfowl habitat creation and maintenance, recreation, wildlife propagation, hunting, direct augmentation, recharge, and storage. Such uses will include construction of one or more ponds on approximately 38.5 acres located generally in the SW ¼ of Section 5, T9N, R50W of the 6th P.M. in Logan County, depicted on attached EXHIBIT B. The well will deliver water directly to the


ponds, or deliver water directly to the South Platte River under the plan for augmentation claimed in this application, to the extent needed to replace stream depletions when other water rights are not available. SECOND CLAIM: WATER STORAGE RIGHT 8. Name of Reservoir: GE Pond No. 1. 9. Legal Description: GE Pond No. 1 will consist of one or more ponds created by the construction of small berms to hold back water to a sufficient depth and amount to establish and maintain open water surface for waterfowl resting and feeding as part of a waterfowl habitat project in conjunction with Ducks Unlimited. The ponds will be located on approximately 38.5 acres in the SW ¼ of Section 5 as described above. If off-channel reservoir, name and capacity of structure used to fill reservoir: The ponds will be filled by pipeline from the GE Well No. 1 at a rate up to 2,500 gpm as described in the First Claim above. 10. Source: Ground water tributary to the South Platte River. 11. Appropriation Date: March 31, 2005. How appropriation was initiated: By field inspection, preliminary design of the waterfowl project, and filing the application. Date water applied to beneficial use: N/A. 12. Amount claimed: 58 acre feet, CONDITIONAL, with right to fill and refill periodically throughout the year as needed. Applicants estimate that annual storage in the pond will be approximately 500 acre feet per year. Filling rate: 2,500 gpm, CONDITIONAL. 13. Use: Recreation and wildlife propagation associated with the waterfowl habitat project, hunting, and augmentation or recharge to generate delayed return flows to offset well depletions. 14. Surface Area of High Water Line: 38.5 acres. A. Maximum Height of Dam: 5 feet. B. Length of Dam: 2,000 feet. 15. Total Capacity of Reservoir: 58 acre feet. Active Capacity: 58 acre feet. Dead Storage: 0 acre feet. THIRD CLAIM: SURFACE WATER RIGHT 16. Name of Structure: GE Recharge Pit No. 1. 17. Legal Description of Diversion Point. The decreed point of diversion will be the headgate of the Powell Ditch on the north side of the South Platte River near the south line of the SE¼ of the NE¼, Section 1, T9N, R51W, 6th P.M. in Logan County, Colorado. The Recharge Pit will be located in the SE1/4 of the NE1/4 of Section 32, T10N, R50W, 6th P.M., in Logan County. The Pit will have a surface area at high water line of 3 acres, with total active capacity of 15 acre feet. 18. Source: South Platte River. 19. Date of Initiation of Appropriation: March 31, 2005. How appropriation was initiated: By field inspection, preliminary design of the waterfowl project, and filing the application. Date water applied to beneficial use: N/A. 20. Amount Claimed: 10 cfs, CONDITIONAL. 21. Use or Proposed Use: Augmentation, recharge and replacement of out of priority depletions from Applicants’ Well and Waterfowl Project, and to satisfy Applicants’ delayed return flow obligations. These uses are fully consumptive. Applicant will deliver water to the recharge pit to cause the water to percolate into the local aquifer and back to the South Platte River for Applicants’ uses. FOURTH CLAIM: CHANGE OF WATER RIGHTS 22. Names of Structures for Which Change is Sought: Applicant seeks to change its pro rata share of water rights decreed to the Iliff & Platte Valley Ditch, Powell Ditch (a/k/a Powell Blair Ditch) and Prewitt Reservoir. Applicant currently owns 29 shares out of 1,500 shares in the Iliff and Platte Valley Ditch Co., 370 shares out of 2797 shares in the Proctor Water Co.(owner of the Powell Ditch), and 520.5 acre-rights in the Iliff Irrigation District. The Iliff Irrigation District owns 8/31 of the water rights decreed to Prewitt Reservoir. 23. Previous Decrees for Water Rights to be Changed: A. Iliff Platte Valley Ditch i) Date entered: November 15, 1894. ii) Case No.: 304. iii) Court: District Court in and for the County of Logan, Colorado. iv) Type of Water Right: Surface right. v) Legal Description of Point of Diversion: The decreed point of diversion is on the north side of the South Platte River in the NE¼ of the SE¼, Section 25, T9N, R52W, 6th P.M, Logan County, Colorado. vi) Source: South Platte River. vii) Amount: 150 cfs. viii) Appropriation Date: October 1, 1883. ix) Decreed use: Irrigation. B. Powell Ditch (a/k/a Powell Blair Ditch) i) Date entered: November 10, 1898, as modified on August 9, 1899. ii) Case No. 605. iii) Court: District Court in and for the County of Logan, Colorado. iv) Type of Water Right: Surface right. v) Legal description of point of diversion: The decreed point of diversion is on the north side of the South Platte River near the south line of the SE¼ of the NE¼, Section 1, T9N, R51W, 6th P.M, Logan County, Colorado. vi) Source: South Platte River. vii) Amount: 40 cfs. viii) Appropriation Date: February 19, 1895. ix) Decreed use: Irrigation and domestic purposes. C. Prewitt Reservoir and Prewitt Inlet Canal i) Date entered, case number and court: January 15, 1914, Case No. 2142, and October 18, 1965, Case No. 16704. ii) Type of Water Right: Surface right. iii) Legal description of structure: Prewitt Reservoir is located in parts of


Sections 1, 2, 10, 11, 12, 13, 14, and 15, T5N, R54W, and in parts of Sections 5, 6 and 7, T5N, R53W, of the 6th P.M., all in Washington County, and in parts of Section 36, T6N, R54W and Section 31, T6N, R53W, of the 6th P.M., all in Logan County. The decreed point of diversion of the Prewitt Inlet Canal is on the east side of the South Platte River in the SW1/4 of Section 24, T5N, R55W, of the 6th P.M, in Morgan County. iv) Source: South Platte River. v) Amount and Appropriation Dates: 32,300 acre feet on May 25, 1910, and 34,960 acre feet on December 31, 1929. The decreed diversion rate for both storage rights is 695 cfs. vi) Decreed use: Irrigation, recreation, commercial, municipal, fishing, and augmentation purposes. vii) Applicant’s Iliff Prewitt acre-rights were also included in the decree entered on January 19, 2005 in Case No. 2003CW208, District Court, Water Division No. 1, where they were changed to include continued irrigation use and augmentation, replacement and recharge, and wildlife and wildlife recovery. 24. Historic Use of Water Rights to be Changed: Applicant’s water rights in the Iliff Ditch and Powell Ditch have been used historically to irrigate over 500 acres in portions of Sections 5 and 6, T9S, R50W, and Sections 31 and 32, T10N, R50W, 6th P.M. Such irrigation has been periodically supplemented by delivery of water from two wells, Permit No. 6168FR decreed in Case No. 2289, District Court, Water Division 1 on December 13, 1976, and Permit No. 6951RF decreed in Case No. W-2154, District Court, Water Division 1, on December 27, 1976. Attached are summaries of diversion records for the subject ditches as EXHIBIT C. The Prewitt Reservoir water under Applicants’ Iliff Prewitt acre rights has historically been used for irrigation on approximately 520.5 acres on Applicants’ property. Copies of storage records for Prewitt Reservoir are attached as EXHIBIT D. In general, owners of Iliff Prewitt acre-rights are entitled to delivery of 0.5 acre feet per acre-right. As a result, Applicants are entitled to delivery of 260.25 acre feet of Prewitt water, subject to any transit losses. A map showing the location of the historically irrigated lands is attached as EXHIBIT B. 25. Proposed Changes: Applicant requests approval of a change in type of use of the subject water rights to include continued irrigation use on Applicants’ property, and an alternative use for augmentation, replacement and recharge to replace out of priority depletions associated with the GE Well No.1, GE Pond No.1, GE Recharge Pit No. 1. Such depletions will be replaced as needed to prevent injury to vested water rights by releasing water from the Powell Ditch, Iliff and Platte Valley Ditch and/or Prewitt Reservoir to the South Platte River, by delivering such water to the GE Recharge Pit No. 1, or by foregoing the diversion of the subject water rights and leaving a portion of the subject water rights in the South Platte River. Such change shall include the right to use and reuse and fully consume the historic consumptive use portion of the subject water rights for such purposes. Applicants propose to permanently dry up a portion of the historically irrigated area to the extent needed to use the subject water rights for the changed purposes. Applicants request a determination of the full historic use of the subject water rights on Applicants’ property in order to develop a formula to allow conversion of the water rights for the new uses and for future habitat improvement projects on the property. FIFTH CLAIM: PLAN FOR AUGMENTATION 26. Names of Structures to be Augmented: Applicant seeks to augment out of priority depletions from the use of the GE Well No.1, GE Pond No.1, and GE Recharge Pit No.1. 27. Previous Decrees for Water Rights to be Used for Augmentation: Applicant will use the water rights described in Claims One through Four above for augmentation purposes. 28. Historic Use of Water Rights to be Used for Augmentation: See Section 24 above for historic use of the Powell Ditch, Iliff and Platte Valley Ditch, and Prewitt Reservoir water rights. 29. Statement of Plan for Augmentation including description of water rights to be established or changed by the plan: Applicants propose to construct the GE Pond No. 1 to store and recharge water as part of a waterfowl habitat improvement project. Water will be delivered for irrigation within the project area and for periodic flooding, storage and recharge in the pond from the GE Well No. 1. Applicants estimate that total diversions from the Well will be approximately 500 acre feet per year, and total depletions will be approximately 78 acre feet per year from the use of the Pond, and 3.3 acre feet per year from the Recharge Pit. A portion of the depletions will be in priority. Applicant proposes to replace net out of priority depletions in amount, time and location as needed to prevent injury to senior vested water rights. Such depletions will be replaced by drying up a portion of the historically irrigated area on Applicant’s property and delivering the historic consumptive use portion of the subject water rights to the river at or above the senior calling water rights.


Applicant estimates that the dry up of approximately 115 acres will be sufficient to provide adequate replacement water for the depletions in this case. In addition, a portion of the water rights from the Powell Ditch, Iliff Ditch or Prewitt Reservoir may be diverted and delivered back to the South Platte River, delivered to the GE Recharge Pit No. 1 to create delayed return flows back to the River, or left in the River to replace such depletions. In addition, water may be delivered directly to the South Platte River from GE Well No.1 if needed to replace such depletions when the other augmentation supplies are not available. Water may also be diverted if available in priority through the Powell Ditch for recharge in the GE Recharge Pit under the water right claimed in this case. To the extent that the use of the Recharge Pit, or the use of the Well for direct augmentation cause any additional out of priority depletions, Applicant shall replace those depletions as needed to prevent injury to other vested water rights. 30. All lands upon which new diversion and storage structures will be constructed or upon which water will be stored are owned by Applicant. Applicant also owns all lands upon which the water has been and will be used. The Powell Ditch is owned by the Proctor Water Co, P.O. Box 1723, Sterling, CO 80751. The Iliff Ditch is owned by the Iliff and Platte Valley Ditch Co. P.O. Box 1723, Sterling, CO 80751. The Prewitt Reservoir Inlet Canal and Prewitt Reservoir are owned and managed by the Prewitt Operating Committee, c/o James Yahn by the Logan Irrigation District, Iliff Irrigation District, and the Morgan-Prewitt Reservoir Co., whose address is P.O. Box 103, Sterling, CO 80751. 05CW063 LOWER SOUTH PLATTE WATER CONSERVANCY DISTRICT WATER ACTIVITY ENTERPRISE, 100 Broadway Plaza, Suite 12, Sterling, Colorado 80751, Telephone: (970) 522-1378. (c/o Kelly J. Custer, Lind, Lawrence & Ottenhoff, LLP, 1011 Eleventh Avenue, Greeley, CO 80631, Telephone: (970)356-9160.) APPLICATION TO MAKE WATER RIGHT ABSOLUTE, FOR FINDING OF DILIGENCE, AND TO IDENTIFY RECHARGE SITES, IN SEDGWICK COUNTY. 2. Name of Structure: Lower South Platte Recharge Project. 3. Conditional Water Right: A. Previous Decrees: 90CW182, Water Division № 1, January 22, 1992; 97CW385, March 17, 1999. B. Legal Description of Structure: Water is diverted in the Northeast Quarter of the Northwest Quarter of Section 24, Township 11 North, Range 47 West of the 6th P.M., Sedgwick County, Colorado, at the diversion works of the Petersen Ditch on the North bank of the South Platte River at a point from which the Northwest Corner of said Section bears North 77°2'W 1815.2 feet. C. Source of Water: The South Platte River and its tributaries. D. Date of Appropriation: May 2, 1989. E. 35 cfs, absolute; 55 cfs, conditional. F. Use: Augmentation, recharge, replacement and exchange for irrigation, commercial, industrial, municipal, domestic and other purposes. G. The decree in 90CW182 granted Applicant a water right in the amount of 25 cfs absolute, 65 cfs conditional. An additional 10 cfs was decreed absolute in 97CW385. The decree in 97CW385 erroneously stated that the amount remaining conditional is 30 cfs, however, the correct number is 55 cfs. CLAIM TO MAKE ABSOLUTE AND FOR FINDING OF DILIGENCE 4. Claim to Make Absolute: Applicant diverted the water right and placed it to beneficial use each year of the diligence period. An additional 2.9 cfs, over and above the 35 cfs previously decreed absolute, was diverted as shown by the records of the Division Engineer’s Office. 5. Outline of What Has Been Done Toward Completion of Conditional Appropriation: During the diligence period, Applicant performed the following acts toward placing the amount remaining conditional to beneficial use: Applicant developed additional recharge sites, and planned other new sites which have not yet been constructed. Applicant also incurred expenses for the maintenance of the Petersen Ditch. Applicant spent approximately $95,000 on operation and maintenance of the project and on development of recharge sites. In addition, Applicant incurred legal and engineering expenses related to the operation of the recharge project. 6. Applicant seeks a decree granting an additional 2.9 cfs absolute, for a total of 37.9 cfs absolute, with 52.1 cfs to remain conditional, and finding that Applicant has demonstrated reasonable diligence on the remaining conditional portion of the appropriation, and such other relief as the Court deems appropriate. CLAIM TO IDENTIFY ADDITIONAL RECHARGE SITES. 7. Paragraph 10.f. of the decree in Case No. 90CW182 allows the Applicant to add facilities for the purpose of recharging waters under that decree. Operation of the recharge sites described below will continue to comply with the terms and conditions of that decree. Applicant hereby adds the following recharge sites: A. LSR


(Radel) Pond. Location: In the SE 1/4 of the SE 1/4, Section 35, Township 12 North, Range 45 West, 6th P.M., Sedgwick County, Colorado, 500 feet from the East section line and 100 feet from the South section line. The SDF is 375. B. McKinstry Pond (previously McKinstry-Thode Pond). Location: In the SW 1/4 of the NE 1/4, Section 25, Township 12 North, Range 45 West, 6th P.M., Sedgwick County, Colorado, 2396 feet from the East section line and 1672 feet from the North section line. The SDF is 1340. C. Gerk Pond. Location: In the NW 1/4 of the SE 1/4, Section 19, Township 12 North, Range 44 West, 6th P.M., Sedgwick County, Colorado, 1339 feet from the East section line and 1559 feet from the South section line. The SDF is 1230. D. Farmers Grain Pond. Location: In the NE 1/4 of the SE 1/4, Section 20, Township 12 North, Range 44 West, 6th P.M., Sedgwick County, Colorado, 852 feet from the East section line and 1489 feet from the South section line. The SDF is 790. E. Kontny Pond. Location: In the SW 1/4 of the NE 1/4, Section 28, Township 12 North, Range 44 West, 6th P.M., Sedgwick County, Colorado, 1756 feet from the East section line and 1335 feet from the North section line. The SDF is 105. F. Wayne Kinnison Pond. Location: In the NE 1/4 of the NE 1/4, Section 30, Township 12 North, Range 44 West, 6th P.M., Sedgwick County, Colorado, 536 feet from the East section line and 215 feet from the North section line. The SDF is 1080. G. Harms Pond 1. Location: In the NW1/4 of the SE1/4, Section 25, Township 12 North, Range 45 West, 6th P.M., Sedgwick County, Colorado, 1513 feet from the East section line and 1915 feet from the South section line. The SDF is 1200. H. Harms Pond 2. Location: In the NW1/4 of the SE1/4, Section 25, Township 12 North, Range 45 West, 6th P.M., Sedgwick County, Colorado, 1513 feet from the East section line and 1915 feet from the South section line. The SDF is 1200. I. Hanson Pond. Location: In the NW1/4 of the NE1/4, Section 31, Township 12 North, Range 44 West, 6th P.M., Sedgwick County, Colorado, 2388 feet from the East section line and 817 feet from the North section line. The SDF is 715. J. Town of Julesburg Pond. Location: In the SE1/4 of the NE1/4, Section 26, Township 12 North, Range 45 West, 6th P.M., Sedgwick County, Colorado, 1179 feet from the East section line and 1459 feet from the North section line. The SDF is 1400. K. Beavers Pond (previously Thode Pond). Location: In the NE1/4 of the NW1/4, Section 28, Township 12 North, Range 44 West, 6th P.M., Sedgwick County, Colorado, 2531 feet from the West section line and 1289 feet from the North section line. The SDF is 195. L. Julius Pond (previously Spillman Pond). Location: In the NE1/4 of the SE1/4, Section 19, Township 12 North, Range 44 West, 6th P.M., Sedgwick County, Colorado, 550 feet from the East section line and 1785 feet from the South section line. The SDF is 1181. M. Kari Pond (previously David Kinnison Pond). Location: In the NW1/4 of the NW1/4, Section 31, Township 12 North, Range 44 West, 6th P.M., Sedgwick County, Colorado, 965 feet from the West section line and 1193 feet from the North section line. The SDF is 790. N. Anderson Pond. Location: In the NE1/4 of the SW1/4, Section 35, Township 12 North, Range 45 West, 6th P.M., Sedgwick County, Colorado, 2612 feet from the West section line and 1595 feet from the South section line. The SDF is 375. O. Bell Pond. Location: In the SE1/4 of the NW1/4, Section 35, Township 12 North, Range 45 West, 6th P.M., Sedgwick County, Colorado, 2545 feet from the West section line and 2505 feet from the North section line. The SDF is 490. P. Geisert Pond 1. Location: In the NW1/4 of the SW1/4, Section 30, Township 12 North, Range 44 West, 6th P.M., Sedgwick County, Colorado, 646 feet from the West section line and 2439 feet from the South section line. The SDF is 1130. Q. Geisert Pond 2. Location: In the NE1/4 of the SW1/4, Section 30, Township 12 North, Range 44 West, 6th P.M., Sedgwick County, Colorado, 2291 feet from the West section line and 2335 feet from the South section line. The SDF is 1040. R. Schneider Pond 3. Location: In the SE1/4 of the NW1/4, Section 33, Township 12 North, Range 45 West, 6th P.M., Sedgwick County, Colorado, 1586 feet from the West section line and 2446 feet from the North section line. The SDF is 235. 8. Names and addresses of owners of structures: A. The Petersen Ditch is owned by the Julesburg Irrigation District, 315 Cedar Street, Julesburg, CO 80737. B. The recharge sites are owned by the following: Faye Radel, Route 1 Box 10, Julesburg, CO 80737 Mac Land Corp., P.O. Box 115, Julesburg, CO 80737 Bruce Gerk, 420 Pine, Julesburg, CO 80737 Farmers Grain, P.O. Box 296, Julesburg, CO 80737 Kontny Enterprises, Inc., P.O. Box 296, Julesburg, CO 80737


Wayne & Susan Kinnison, 16111 C.R. 27, Ovid, CO 80744 Byron & Deborah Harms, 16233 C.R. 37, Julesburg, CO 80737 Irvin Hanson, 20602 No. 104th Avenue, Peoria, AZ 85382 Town of Julesburg, 100 West Second St., Julesburg, CO 80737

Denny Jay LLP, 8690 West 69th Place, Arvada, CO 80004 Charles & Cindy Julius, 250 Rd. 187, Julesburg, CO 80737 Paul & Kathleen Kari, 286 Todd’s Ridge Road, Wilmington, OH 45177 Bill Anderson, 317 Third Street, Box 295, Ovid, CO 80744 Monroe Bell, 603 Sycamore, Julesburg, CO 80737 Louise Geisert, 9824 C.R. 43, Julesburg, CO 80737 Don Schneider, 14505 C.R. 32, Ovid, CO 80744 7. Applicant seeks a decree adding the above-described recharge sites to the Lower South Platte Recharge Project, and such other relief as the Court deems appropriate. 05CW064 (88CW239), EQUUS FARMS, INC. (“Equus”), 2400 Anaconda Tower, 555 17th Street, Denver, CO 80202, (303) 298-1000. (Michael F. Browning, Esq., Porzak, Browning & Bushong, LLP, 929 Pearl St., Ste 300, Boulder, CO 80302 303-443-6800.) APPLICATION TO CHANGE WATER RIGHTS AND AMEND EXISTING AUGMENTATION PLANS, IN WELD COUNTY. 2. Overview. Equus owns and operates eleven irrigation wells described in Section 4 below (the “Equus Wells”). By decree of the Water Court, Water Division No. 1, in Case No. 88CW239 dated February 14, 1991, the court approved an augmentation plan to augment otherwise out of priority depletions associated with the Equus Wells, using recharge credits from a recharge project between Equus and Riverside Reservoir and Land Company and Riverside Irrigation District (the “Riverside Aug Plan”). By decree of the Water Court, Water Division No. 1, in Case No. 86CW386 dated October 29, 1991, the court approved a second augmentation plan to provide additional augmentation water for five of the Equus Wells using recharge credits from a recharge project between Equus and the Bijou Irrigation Company (the “Bijou Aug Plan”). The Riverside Aug Plan and Bijou Aug Plan are sometimes jointly referred to herein as the “Existing Aug Plans.” As a result of recent drought years, the recharge credits available to Equus under the Existing Aug Plans have proved insufficient to allow use of the Equus Wells at desired levels. Equus owns 54 shares of the Putnam Ditch Company described in Section 3 below (the “Equus Shares”). To supplement the recharge credits available under the Existing Aug Plans, Equus hereby seeks the right, from time to time, to (a) bypass all or part of the Putnam water associated with the Equus Shares and instead receive augmentation credits for such water as described in Section 5 below (the “Bypass Credits”) and/or (b) divert all or part of the Putnam water associated with the Equus Shares into recharge ponds and obtain recharge credits as described in Section 7 below (the “Recharge Credits”). 3. Water Rights to be Changed. The Equus Shares represent 25.7% of the 210 total outstanding shares in the Putnam Ditch Company, a Colorado mutual ditch company, and a like percentage of the following water rights decreed to the Putnam Ditch: 10 cfs decreed as Priority 13 and an additional 30 cfs decreed as Priority 17, by decree dated November 21, 1895, Case No. 433, Weld County District Court, for irrigation, with appropriation dates of April 1, 1880 and April 26, 1882, respectively (the “Putnam Priorities”). By decree of the Weld County District Court in Case No. 6534 dated June 9, 1925, the point of diversion of the Putnam Priorities was changed to the Bijou Canal, the headgate of which is located in the SE1/4 of Section 12, T4N, R63W of the 6th P.M. The Equus Shares are decreed and have historically been used to irrigate various lands under the Bijou Canal, directly or by exchange. A table summarizing the historic river headgate diversions associated with the Putnam Priorities from 1980 through 2003 is attached hereto as Exhibit A. 4. Wells to be Augmented. The Bypass and Recharge Credits will be an additional source of augmentation credits to augment otherwise out of priority depletions associated with use of the following Equus Wells: Equus Farms Wells 1 through 5 and Equus Farms Wells A, B, C, D, E and F (the “Equus Wells”). The Equus Wells are located in portions of Sections 9 and 17, T4N, R61W; and Sections 9, 19, 22, 23 and 24, T4N, R62W; all of the 6th P.M. The locations of the Equus Wells are more fully set forth on Exhibit B attached hereto, and are depicted on Exhibit C attached hereto. The amount


and timing of depletions to the South Platte River resulting from use of the Equus Wells will be determined under the existing provisions of the Existing Aug Plans. 5. Bypass Credits. Bypass Credits will be generated in one of two ways. First, Equus will divert its share of the Putnam Priorities, when in priority, at the Bijou Canal, take 76.5% of such water at the first lateral headgate on the Bijou Canal located on Equus property in the SE1/4 of Section 17, T4N, R67W of the 6th P.M., and return such water, without prior use, to the South Platte River in the SW1/4 of Section 16, T4N, R67W of the 6th P.M. The amount of water involved will be measured both at Equus’ lateral headgate from the Bijou Canal and at the point where the water returns to the South Platte River. Equus will receive augmentation credit for 100 percent of the amount of the Putnam Priorities so returned to the South Platte River. Second, 76.5 percent of Equus’ share of the Putnam Priorities may be bypassed directly at the headgate of the Bijou Canal, when in priority, without diversion into the Bijou Canal, and 23.5 percent left in the Bijou Canal to replace historic ditch losses. Equus will receive augmentation credit for the amount of water so bypassed. Under either method, historic return flows associated with the Putnam water so bypassed will be replaced in time, location and amount and by sources sufficient to replicate historic return flows. These sources may include, but are not limited to, recharge credits available to Equus pursuant to the Existing Aug Plans and the Bypass and Recharge Credits available pursuant to this application. Historic return flows need not be replaced during times that the call on the South Platte River below the Bijou Canal is junior to March 31, 2005. 6. Recharge Credits. Equus’ share of the Putnam Priorities may also be diverted, when in priority, into storage in the recharge facilities described in the Existing Aug Plans. The point of diversion from the South Platte River for the recharge facilities under the Riverside Aug Plan is the headgate of the Riverside Canal located on the north bank of the South Platte River in the SW1/4 of the SW1/4 of Section 20, T5N, R63W, of the 6th P.M. The point of diversion from the South Platte River for the recharge facilities under Bijou Aug Plan is the headgate of the Bijou Canal described above. The resulting Recharge Credits will be calculated and accounted for in accordance with the procedures already decreed in the Existing Aug Plans. Historic return flows associated with the Putnam water so used for recharge purposes will be replaced in time and amount and by sources sufficient to replicate historic return flows. These sources may include, but are not limited to, recharge credits available to Equus pursuant to the Existing Aug Plans and the Bypass and Recharge Credits available pursuant to this application. Historic return flows need not be replaced during times that the call on the South Platte River below the Bijou Canal is junior to March 31, 2005. Equus also claims the right to recharge credits for any part of the Putnam water attributable to the Equus Shares that is diverted into, but seeps out of, the Riverside Canal, pursuant to the methodology and procedures set forth in the existing decree of the Water Court, Water Division No. 1, entered in Case No. 88CW221 on October 30, 1990. 7. Accounting and Measurement. Applicant will install and maintain such measuring devices and shall keep and submit such accounting records as may be required by the Division Engineer to properly administer this plan. 8. Additional Sources and Wells. Applicant also seeks the right to the utilize the Bypass and Recharge Credits to offset otherwise out-of-priority depletions associated with wells or other structures in addition to the Equus Wells, to the extent that surplus Bypass or Recharge Credits are available. Applicant also seeks the right to add additional augmentation sources to replace out-of-priority depletions associated with the Equus Wells, or to replicate the return flows associated with historic use of the Equus Shares. Such new augmented structures or augmentation sources would be added only upon notice to and the approval of the Division Engineer. 9. Ownership. Equus owns the land upon which the augmented wells and recharge structures are located and have been used. The Equus’ share of the Putnam Priorities have been used to irrigated land owned by Equus, with excess water supplementing the supplies available in the Bijou Canal for use throughout the Putnam and Bijou systems. The Bijou Canal is owned by the Bijou Irrigation Company, whose address is P.O. Box 972, Fort Morgan, Colorado 80701. The Riverside Canal is owned by the Riverside Reservoir and Land Company whose address is P.O. Box 455, Fort Morgan, Colorado 80701. The address of the Putnam Ditch Company is 19704 Weld County Road 87, Orchard, CO 80649.


05CW065 FOREST RIDGE COMMUNITY CHURCH, c/o Tim Miller, 18725 Monument Hill Road, Monument, Colorado 80132. (c/o Tienken & Hill, L.L.P., 726 Front Street, Suite B, Louisville, Colorado 80027 (303) 673-9373). APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF A PLAN FOR AUGMENTATION, IN EL PASO COUNTY. FIRST CLAIM FOR RELIEF (Underground Water Rights From the Not Nontributary Dawson Aquifer) 2. Names and legal description of wells: The wells which will withdraw groundwater from the not nontributary Dawson aquifer will be located at any location on approximately ten (10) acres of land in the SW1/4, Section 10, Township 11 South, Range 66 West of the 6th P.M., El Paso County, Colorado, more particularly described on Exhibit A attached hereto and incorporated herein by this reference, (“Subject Property”). Source: The not nontributary Dawson aquifer underlying the Subject Property. Full penetration of the Dawson aquifers, estimated to be approximately 900 feet. Date of appropriation: N/A Applicant requests the right to add additional wells at any location within the Subject Property. 3. Applicant is the owner of the Subject Property overlying a portion of the not nontributary Dawson groundwater claimed herein. Applicant requests that this court determine that applicant has the right to withdraw and use all of the unappropriated water lying below the Subject Property in the Dawson aquifer. 4. The best data currently available indicates that applicant can recover a maximum of 860 acre feet from the Dawson aquifer, with an annual maximum of 8.6 acre feet, based upon the hydrogeology of the aquifer and applicant's legal entitlement to all not nontributary water in the Dawson aquifer underlying the Subject Property. 5. Applicant requests that all of the wells in one aquifer, including any additional wells in that aquifer, shall be designated as a well field as defined by Statewide Nontributary Ground Water Rule 14, 2 CCR 402-7, and that the pumping rates for each well be allowed to exceed the nominal pumping rates set forth herein to the extent necessary to withdraw the full acre foot allocation of water from the Dawson aquifer. 6. Applicant requests the right to revise the estimate of available groundwater, based on new data made available, without the necessity of amending this application or republishing. Applicant may need to construct additional or replacement wells to recover the entire decreed amount of water in the Dawson aquifer. Applicant requests the right to construct such additional or replacement wells as are necessary in order to maintain production levels. 7. The annual withdrawal amounts for the Dawson aquifer, set forth above, was calculated based upon an aquifer life of 100 years in accordance with C.R.S. § 37-90-137(4)(b)(I) and equal one percent of the total amount of water recoverable from beneath the applicant's lands. However, applicant claims the right to withdraw more than the one percent withdrawal amount so long as the sum of the total withdrawals from all wells in each aquifer does not exceed the product of the number of years since the date of issuance of the first well permit for a well in the aquifer, or the date of determination of rights to ground water from the Water Court, whichever occurs first, times the average annual amount of withdrawal. 8. Applicant requests that the court retain jurisdiction until such time as a sufficient number of wells have been drilled to provide the site specific information required by the rules and regulations. At that time the applicant will petition the court for a final determination of the amount of water that may be withdrawn based upon evidence of saturated sand thicknesses and specific yields as shown by wells logs. This petition may have the effect of revising the claims described herein either upward or downward, as the evidence indicates. 9. Proposed uses: Applicant intends to use, reuse, successively use and otherwise dispose of the water for all purposes, including domestic, agricultural, industrial, commercial, irrigation, stock watering, central supply, recreation, fish and wildlife and fire protection. The water will be produced for immediate application to said uses, for storage and subsequent application to said uses and for exchange. 10. The groundwater in the Dawson aquifer is not nontributary ground water as defined in C.R.S. § 37-90-103(10.5). Applicant seeks quantification of the ground water available in the not nontributary Dawson aquifers underlying the Subject Property and states that the water from this aquifer will only be used in conjunction with the judicial approval of a plan for augmentation to replace depletions caused by the pumping of the ground water, as required by C.R.S. § 37-90-137(9)(c). Approval of a plan for augmentation is sought in the Third Claim for Relief herein. 11. In compliance with C.R.S. § 37-92-302(2)(b), applicant shall supplement this application, with evidence that applicant has, within ten days after the filing of this application, given notice to every record owner of the overlying land and to every


person who has a lien or mortgage on, or deed of trust to, the overlying land. SECOND CLAIM FOR RELIEF (Underground Water Rights From the Nontributary Denver, Arapahoe, and Laramie-Fox Hills Aquifers) 12. Names and legal description of wells: A. Denver aquifer (1) The wells which will withdraw groundwater from the nontributary Denver aquifer will be located at any location within the Subject Property. (2) Source: The nontributary Denver aquifer underlying the Subject Property. (3) Full penetration of the Denver aquifer, estimated to be approximately 1,700 feet. (4) Date of appropriation: N/A. (5) Applicant requests the right to add additional wells at any location within the Subject Property so long as the wells are at least 600 feet from other wells in the same aquifer owned by third parties. B. Arapahoe aquifer 1) The wells which will withdraw groundwater from the nontributary Arapahoe aquifer will be located at any location within the Subject Property. 2) Source: The nontributary Arapahoe aquifer underlying the Subject Property. 3) Full penetration of the Arapahoe aquifer, estimated to be approximately 2,200 feet. 4) Date of appropriation: N/A 5) Applicant requests the right to add additional wells at any location within the Subject Property so long as the wells are at least 600 feet from other wells in the same aquifer owned by third parties. C. Laramie-Fox Hills aquifer 1) The wells which will withdraw groundwater from the nontributary Laramie-Fox Hills aquifer will be located at any location within the Subject Property. 2) Source: The nontributary Laramie-Fox Hills aquifer underlying the Subject Property. 3) Full penetration of the Laramie-Fox Hills aquifer, estimated to be approximately 3,000 feet. 4) Date of appropriation: N/A 5) Applicant requests the right to add additional wells at any location within the Subject Property so long as the wells are at least 600 feet from other wells in the same aquifer owned by third parties. 13. Applicant is the owner of the Subject Property the nontributary groundwater claimed herein. Applicant requests that this court determine that applicant has the right to withdraw and use all of the unappropriated water lying below the Subject Property in the Denver, Arapahoe and Laramie-Fox Hills aquifers. 14. The best data currently available indicates that applicant can recover a maximum of 940 acre feet from the Denver aquifer, with an annual maximum of 9.4 acre feet. 440 acre feet from the Arapahoe aquifer, with an annual maximum of 4.4 acre feet, and 320 acre feet from the Laramie-Fox Hills aquifer, with an annual maximum of 3.2 acre feet, based upon the hydrogeology of the aquifers and applicant's legal entitlement to all nontributary water in the Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property. 15. Applicant requests that all of the wells in one aquifer, including any additional wells in that aquifer shall be designated as a well field as defined by Statewide Nontributary Ground Water Rule 14, 2 CCR 402-7, and that the pumping rates for each well be allowed to exceed the nominal pumping rates set forth herein to the extent necessary to withdraw the full acre foot allocation of water from the Denver, Arapahoe and Laramie-Fox Hills aquifers. 16. Applicant requests the right to revise the estimate of available groundwater, based on new data made available, without the necessity of amending this application or republishing. Applicant may need to construct additional or replacement wells to recover the entire decreed amount of water in the Denver, Arapahoe and Laramie-Fox Hills aquifers. Applicant requests the right to construct such additional or replacement wells as are necessary in order to maintain production levels. 17. The annual withdrawal amounts for the Denver, Arapahoe and Laramie-Fox Hills aquifers, set forth above, were calculated based upon an aquifer life of 100 years in accordance with C.R.S. § 37-90-137(4)(b)(I) and equal one percent of the total amount of water recoverable from beneath the applicant's lands. However, applicant claims the right to withdraw more than the one percent withdrawal amount so long as the sum of the total withdrawals from all wells in each aquifer does not exceed the product of the number of years since the date of issuance of the first well permit for a well in the aquifer, or the date of determination of rights to ground water from the Water Court, whichever occurs first, times the average annual amount of withdrawal. 18. Applicant requests that the court retain jurisdiction until such time as a sufficient number of wells have been drilled to provide the site specific information required by the rules and regulations. At that time the applicant will petition the court for a final determination of the amount of water that may be withdrawn based upon evidence of saturated sand thicknesses and specific yields as shown by wells logs. This petition may have the effect of revising the claims described herein either upward or downward, as the evidence indicates. 19. Proposed uses: Applicant intends to use, reuse, successively use and otherwise dispose of the water for all purposes, including domestic, agricultural,


industrial, commercial, irrigation, stock watering, central supply, recreation, fish and wildlife and fire protection. The water will be produced for immediate application to said uses, for storage and subsequent application to said uses, for exchange, for replacement of depletions resulting from the use of the water from other sources, for relinquishment to the stream system pursuant to C.R.S. §37-90-137(9)(b), and for all other augmentation purposes, including augmentation of "not nontributary" ground water diversions. 20. Applicant also requests confirmation of its right to use, reuse, successively use and otherwise dispose of all groundwater in the Denver, Arapahoe and Laramie-Fox Hills aquifers remaining after lawful consumption for the statutorily required 2% relinquishment. 21. In compliance with C.R.S. § 37-92-302(2)(b), applicant shall supplement this application, with evidence that applicant has, within ten days after the filing of this application, given notice to every record owner of the overlying land and to every person who has a lien or mortgage on, or deed of trust to, the overlying land. THIRD CLAIM FOR RELIEF (Approval of a Plan for Augmentation) 22. Water Rights to be Augmented: A. Applicant is entitled to develop 860 acre feet of groundwater in the not nontributary Dawson aquifer described in the First Claim for Relief herein. Accordingly, the maximum annual average entitlement of not nontributary groundwater owned by applicant in the Dawson aquifer is 8.6 acre feet. B. Judicial approval of a plan for augmentation is a condition precedent to the withdrawal of the Dawson aquifer groundwater claimed herein. Applicant seeks, in this application, approval of a plan for augmentation entitling applicant to withdraw its Dawson aquifer groundwater. 23. Water Rights to be Used for Augmentation: A. Applicant proposes to replace depletions caused during pumping with non-evaporative septic system return flows. These return flows, estimated to be a maximum of 7.5 acre feet per year during pumping exceed the amount of stream depletion, which is estimated to be a maximum of nine percent (9%) of Dawson aquifer pumping or 0.8 acre feet per year. B. Applicant is the owner of 940 acre feet of groundwater in the nontributary Denver aquifer, 440 acre feet of groundwater in the nontributary Arapahoe aquifer, and 320 acre feet of groundwater in the nontributary Laramie-Fox Hills aquifer claimed herein. Accordingly, the maximum annual average entitlement of nontributary groundwater owned by applicant in the Denver, Arapahoe and Laramie-Fox Hills aquifers is 17.0 acre feet. Applicant seeks to replace post-pumping depletions that cause material injury with the nontributary Denver, Arapahoe and Laramie-Fox Hills groundwater claimed herein; however, applicant reserves the right to replace such depletions with any judicially acceptable source of augmentation water. 24. Statement of Plan for Augmentation: A. Applicant intends to use the Dawson aquifer wells to provide water for a church and culpable uses. Annual diversions of groundwater from the Dawson aquifer pursuant to the plan for augmentation pleaded herein will not exceed 8.6 acre feet. As currently proposed, irrigation of Applicants land would be limited to 5,000± square-feet requiring about 0.3 acre feet per year. The remaining water of 8.3 acre feet per year would be use in-house. B. Applicant has not determined the specific locations for all the wells required to withdraw groundwater from the aquifers, but states that each well will be constructed within the Subject Property and each will be designed so that it withdraws water from a single aquifer. Applicant is the owner of the Subject Property upon which all of the wells will be located. Applicant requests the right to locate the wells required to withdraw its entitlements at any point within the Subject Property, without the necessity of filing an amendment to the application, republishing, or petitioning the court for the reopening of any decree. 2 C.C.R. 402-7, Rule 11. C. Prior to Applicant using any type of sewage treatment other than non-evaporative septic systems, Applicant, or its successors in interest, shall obtain an amended decree allowing such modification. 25. Replacement of Depletions: A. Replacement of Depletions During Pumping: 1. Applicant will replace actual stream depletions caused by pumping the proposed Dawson aquifer wells on the Subject Property to the affected stream system(s) pursuant to C.R.S. § 37-90-137. Depletions will accrue to the South Platte River basin. 2. Applicant seeks approval of a plan for augmentation allowing Applicant to aggregate all depletions and replace them to the South Platte River drainage in West Cherry Creek. 3. Return flows from the use of the Dawson aquifer groundwater will accrue to West Cherry Creek, and those return flows will be sufficient to replace the actual depletions during pumping. B. Replacement of Post-Pumping Depletions: 1. For the period after pumping of the Dawson well ceases, Applicant will demonstrate that any depletions which may occur to the respective stream systems are unmeasurable, non-injurious to other


water rights, and need not be replaced. 2. To the extent that the court determines that such post-pumping depletions require augmentation, Applicant will reserve an adequate amount of Arapahoe and Laramie-Fox Hills nontributary groundwater, as described herein, to satisfy such post-pumping augmentation requirements. Depending on the quanitification of the available ground water to be decreed by the Court, Applicant may also reserve a part of the Denver aquifer ground water to satisfy the post-pumping augmentation obligation. 26. Remarks: Due to the fact that depletions may accrue to the Arkansas River drainage and the South Platte River drainage, Applicant is filing this application in Water Division No. 1 and Water Division No. 2, and will seek to consolidate the two cases in Water Division No. 1 pursuant to C.R.C.P. 42.1. WHEREFORE, Applicant requests that the court grant the application herein, including awarding the water rights claimed as final water rights, approve the plan for augmentation described herein, specifically determining that the return flows described herein from the initial use of groundwater withdrawn from the not nontributary Dawson aquifer adequately augment stream depletions during pumping, and that the vested or conditional decreed water rights of others will not be materially injured by the withdrawal of the Dawson aquifer groundwater described herein, and the plan for augmentation proposed herein. (10 pages) 05CW066 INDIAN TREE FARM TRUST, c/o 610 S. Franklin Street, Denver, CO 80209, (303) 809-7177 through their attorneys: Petrock & Fendel, P.C., Scott M. Huyler, Atty. Reg. #27342, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702. APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS, IN ELBERT COUNTY. 2. Well Permits: Well permits will be applied for prior to construction of the wells. 3. Legal Description of Wells and Subject Property: The wells which will withdraw groundwater from the not nontributary Upper Dawson and nontributary Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers will be located at any location on approximately 40 acres of land, located in the NE1/4 NE1/4 of Section 31, T7S, R64W of the 6th P.M., as shown on Attachment A hereto ("Subject Property"). 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Upper Dawson aquifer is not nontributary as described in 37-90-103(10.7) and 37-90-137(9)(c), C.R.S. The groundwater to be withdrawn from the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers is nontributary groundwater as described in 37-90-103(10.5), C.R.S. 5. Estimated Amounts and Rates of Withdrawal: The wells will withdraw the subject amounts of groundwater at rates of flow necessary to efficiently withdraw the entire decreed amounts. Applicant will withdraw the subject groundwater through wells to be located at any location on the Subject Property, including an existing well completed into the Upper Dawson aquifer as permitted in Well Permit No. 137602 which will be re-permitted to operate pursuant to the augmentation plan requested below, if necessary. Applicant waives any 600 foot spacing rule as described in Section 37-90-137(2), C.R.S. for wells located on the Subject Property. The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based on current values in the Denver Basin Rules, 2 C.C.R. 402-6. Applicant estimates the following annual amounts are representative of the subject aquifers underlying the Subject Property:

Saturated Annual Aquifer Thickness Amount Upper Dawson 172 feet 14 acre-feet Lower Dawson 76 feet 6 acre-feet Denver 263 feet 18 acre-feet Arapahoe 232 feet 16 acre-feet Laramie-Fox Hills 177 feet 11 acre-feet 6. Well Fields: Applicant requests that this Court determine that Applicant has the right to withdraw all of the legally available groundwater lying below the Subject Property, through the wells requested herein,


which may be located anywhere on the Subject Property, and any additional wells which may be completed in the future as Applicant's well fields. As additional wells are constructed, applications will be filed in accordance with 37-90-137(10), C.R.S. 7. Proposed Use: Applicant will use all water withdrawn from the subject aquifers in a water system to be used, reused, successively used, leased, sold, or otherwise disposed of for the following beneficial purposes: municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational, fish and wildlife, and fire protection uses. Said water will be produced for immediate application to said uses, both on and off the property, 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. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9. Description of plan for augmentation: A. Groundwater to be augmented: All of the Upper Dawson aquifer groundwater over a pumping period of 300 years as requested herein as described in paragraph 5 above. B. Water rights to be used for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. C. Statement of plan for augmentation: Applicant will use the Upper Dawson water to supply four individual wells, including the existing well, on four residential lots to be located on the Subject Property at rates of flow of 15 gpm. Three wells will require approximately 1 acre-foot per year for 300 years for inhouse use (0.4 acre-feet), irrigation/limited to 7000 square-feet of lawn and garden (0.45 acre-feet), and stockwatering of 4 large domestic animals (0.05 acre-feet), and one well will require approximately 1.4 acre-feet per year for 300 years which will require the same irrigation and stock watering use described above, but which will serve two residences with inhouse use (0.8 acre-feet). Applicant reserves the right to amend these amounts and values without the necessity of amending or republishing this application. Sewage treatment for inhouse use will be provided by a non-evaporative septic system. Consumptive use associated with in-house use will be approximately 10% of water used and it is estimated that approximately 10% of water used for irrigation will be returned to the stream system. Stockwatering uses will be considered to be 100% consumptively used. Before any other type of sewage treatment is proposed in the future, including incorporation of the lots into a central sewage collection and treatment system, Applicant, or successors and assigns, will amend this decree prior to such change and thereby provide notice of the proposed change to other water users by publication procedures required by then existing law. During pumping Applicant will replace actual depletions to the affected stream system pursuant to 37-90-137(9)(c), C.R.S. Applicant estimates that depletions may occur to the Running Creek stream system. Return flows from use of the subject water rights via that stream system will accrue to the South Platte river system, and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicant will reserve an adequate amount of nontributary groundwater underlying the Subject Property to meet future augmentation requirements. 10. Remarks: A. Applicant claims the right to withdraw more than the average annual amounts estimated in paragraph 5B 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 thickness, 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. C. Applicant will withdraw the Upper Dawson aquifer requested herein over a 300 year pumping period under the plan of augmentation requested herein pursuant to 37-90-137(9)(c), C.R.S. 05CW067 EVERITT AIRFIELD, LLC, 7884 E. Lakeshore Circle, Parker, Colorado 80134, (303) 805-8017 through their Attorneys: Petrock & Fendel, P.C., Scott M. Huyler, Atty. Reg. #27342, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702. APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY SOURCES, CHANGE OF WATER RIGHTS, AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NOT NONTRIBUTARY UPPER DAWSON AQUIFER, IN ELBERT COUNTY. 2. Well Permits: Well permits will be applied for prior to construction of the wells. 3. Legal Description of Subject Property and


Description of Groundwater: The Subject Property is approximately 156 acres of land, generally located in the N1/2SW1/4 and part of the NW1/4 of Section 15, T6S, R65W of the 6th P.M., as described and shown on Attachment A hereto ("Subject Property"). Part of the Upper Dawson groundwater underlying the Subject Property was previously decreed in Case No. 2001CW098. However, 11.7 acre-feet per year of Upper Dawson aquifer groundwater underlying the Subject Property was reserved for use through four exempt wells. The planning of the Subject Property no longer requires the use of exempt wells and Applicant requests that this amount of Upper Dawson aquifer groundwater be decreed in this case. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Upper Dawson aquifer is not nontributary as described in 37-90-103(10.7) and 37-90-137(9)(c), C.R.S. 5. Estimated Amounts and Rates of Withdrawal: The wells will withdraw the subject amounts of Upper Dawson aquifer groundwater at rates of flow necessary to efficiently withdraw the entire decreed amounts. Applicant will withdraw the subject groundwater through wells to be located at any location on the Subject Property and waives any 600 foot spacing rule as described in Section 37-90-137(2), C.R.S. for wells located on the Subject Property. Applicant requests that the 11.7 acre-feet per year of Upper Dawson aquifer groundwater described in paragraph 3 be decreed and that this water be combined with the Upper Dawson groundwater underlying the Subject Property which was previously decreed in Case No. 2001CW098. 6. Proposed Use: Applicants will use the Upper Dawson aquifer groundwater for domestic, commercial, industrial, irrigation, livestock watering, and augmentation purposes.7. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 8. Decree information and requested change: Case No. 2001CW230, as decreed on March 17, 2003. In the decree, an augmentation plan was approved which allows withdrawal of 0.88 acre-feet per year of not nontributary Upper Dawson aquifer groundwater through 19 individual wells over a 300 year period. Applicant is the owner of the water and right to use 15 of the individual wells. Each well is currently decreed to use 0.5 acre-feet for inhouse use, 0.33 acre-feet for irrigation use, and 0.05 acre-feet for stockwatering use. The value for inhouse use has changed and only 0.4 acre-feet is now required. Therefore, Applicant requests that 13 of the wells in the original augmentation plan be decreed to withdraw 0.78 acre-feet per year to include a inhouse use value of 0.4 acre-feet. The irrigation and stockwatering uses will not change and return flows associated with use of 0.78 acre-feet per year for each of the 13 wells is still more than sufficient to replace actual depletions as referenced in the original decree. Also, Applicant only requires the use of 13 of its 15 wells for residential use, and requests that the water associated with 2 of the 15 wells be removed from the existing augmentation plan. The reduced amount of 1.3 acre-feet per year and 390 acre-feet total associated with reduction of the 13 wells, and the reduced amount of 1.76 acre-feet per year and 528 acre-feet total associated with reduction of the 2 wells, will be available for use in the augmentation plan described below. The change requested herein only affects 15 of the 19 wells which are the subject of the original decree and the terms and conditions of the 4 remaining wells are not affected by this requested change.9. Groundwater to be augmented: All or part of 6.9 acre-feet per year as requested to be decreed herein and as made available by the change requested above of Upper Dawson aquifer groundwater over a pumping period of 300 years. A. Water rights to be used for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. Applicant is the owner of amounts of nontributary Denver and Laramie-Fox Hills aquifer groundwater as decreed in Case No. 2001CW098. B. Statement of plan for augmentation: Applicant will use the Upper Dawson water for commercial and light industrial use on the Subject Property, through one or more wells, as necessary. The wells will operate at rates of flow necessary to efficiently withdraw the decreed amounts. Commercial use will require approximately 0.4 acre-feet for every 1000 square-feet of commercial space. Applicant reserves the right to revise the amounts and values described herein without amending this application or republishing the same. Sewage treatment for commercial use will be provided by non-evaporative septic systems. Consumptive use associated with commercial use will be approximately 10% of water used and light industrial use will be considered to be 100% consumptively used. Before any other type of sewage treatment is proposed in the future, including incorporation of the lots into a central sewage collection and treatment system, Applicant, or successors and assigns, will amend this decree prior to such change and thereby provide


notice of the proposed change to other water users by publication procedures required by then existing law.C. During pumping Applicant will replace actual depletions to the affected stream system pursuant to 37-90-137(9)(c), C.R.S. Depletions occur to the Running Creek and South Platte River stream systems. Total depletion to the South Platte River stream system is 0.4% of the amount withdrawn at 100 years of pumping and 3.7% of the amount withdrawn at 300 years of pumping. Return flows from use of the subject water rights accrue to the South Platte River stream system via Running Creek, and those return flows are more than sufficient to replace actual depletions while the subject groundwater is being pumped. Applicant will reserve an equal amount of nontributary groundwater to meet future augmentation requirements. AMENDED APPLICATIONS 99CW236 COORS BREWING COMPANY, Mail No. CC370, Golden, CO 80401-1295 (303-277-6746). (Stephen H. Leonhardt, Esq., Burns, Figa & Will, P.C., 6400 S. Fiddler’s Green Circle, #1030, Englewood, CO 80111 (303-796-2626). AMENDMENT TO APPLICATION FOR APPROVAL OF PLAN OF AUGMENTATION AND CHANGES OF WATER RIGHTS AND ABSOLUTE AND CONDITIONAL APPROPRIATIVE RIGHTS OF EXCHANGE, IN CLEAR CREEK AND JEFFERSON COUNTIES. II. Applicant (“Coors”) filed its Application for Approval of Plan of Augmentation and Changes of Water Rights and Absolute and Conditional Appropriative Right of Exchange (“Application”) in this case on December 30, 1999. Coors hereby amends its Application in this case, in order to (a) clarify some aspects of the exchange described in Paragraph V.C. of the Application, and (b) delete a portion of the Application that Coors no longer will pursue. III. Coors adds the following paragraph to the Application’s THIRD CLAIM FOR RELIEF: REQUEST FOR APPROVAL OF PLAN FOR AUGMENTATION AND EXCHANGE: F. Exchange. 1. Date of Appropriation of Exchange Right: December 30, 1999. 2. Exchange Reach: Coors’ exchange reach for the exchanges included in this plan for augmentation lies between the headgate of the Agricultural Ditch, located on the South bank of Clear Creek in the SW1/4 of Section 27, T 3 S., R 70 W. of the 6th P.M., Jefferson County, and Coors’ easternmost reservoir of the Jefferson Storage System, being Prospect Park Lake, located in the W1/2 Section 21, Township 3 South, Range 69 West of the 6th P.M., Jefferson County. 3. These exchanges will operate as part of the Coors Augmentation III Plan described in Section V of the Application. The water rights to be used for exchange are those listed as “water rights to be used for augmentation and exchange” in Paragraph V.B of the Application (including the water rights described in paragraphs III.B.1, 2, 3, 4, and 5 of the Application, but excluding those described in parts 2 and 3 of Paragraph V.B which are withdrawn below). The “exchange-from” points are the augmentation release locations described in Paragraph V.C.1 of the Application, including the Jefferson Storage System structures described in Paragraph V.A.2 of the Application. The “exchange-to” points are the diversion and depletion points of the structures to be augmented as described in Paragraph V.A.1 of the Application, to the extent those points lie within the exchange reach described in Paragraph F.2 above. 4. Cumulative Amount and Rate of Exchange. Coors’ augmentation exchanges described herein shall not exceed the cumulative annual amount of 384.8 A.F. (less transit and evaporation losses) and, during the Croke season (November 11 through March 20), shall not exceed a cumulative flow rate of 13.2 cfs. 5. Conditions of Exchange: Coors’ augmentation exchanges shall be subject to the following conditions intended to avoid diminution or other impairment of the vested rights of others: a. Water is physically available for storage, diversion, or release at the points of exchange. b. A live stream exists between the points of exchange; provided, however, that the Division Engineer or his designated representative may, on a case-by-case basis, authorize exchanges which command the entire flow of the stream if all of the foregoing conditions of this subparagraph are met and he finds that there will be no injury to any other water rights. c. The amount of water diverted at the “exchange to” point is not greater than the amount of water introduced at the “exchange from” points, or is not greater than the amount of water legally and physically available to the exchanged water rights priorities owned by Coors at the “exchange from” points. d. All priorities having a point of diversion upstream of the “exchange from” points and senior to


the proposed exchange decreed herein are satisfied either with the remaining flows, subject to their call, or from another source of water supplied by Coors. e. The exchange shall operate only when it does not reduce the water available to the lawful calls of senior water rights diverting below Coors’ Prospect Park Lake. f. Any substituted water provided in the exchange will be of a quality and continuity to meet the requirements of use to which senior appropriations have normally been put. g. Coors shall not exchange water upstream so as to prevent diversion on any intervening water right senior to the priority of the exchange being made if such diversion would have been legally possible in the absence of Coors’ exchange, subject, however, to the requirement of C.R.S. § 37-92-102(2)(b). 6. Water Quality: Pursuant to C.R.S. § 37-92-305(5), the substituted water provided by Coors for the exchange described herein is now of a quality, quantity and continuity to meet the requirements of use for which the receiving senior appropriators have normally used such water. IV. Since filing the application, Coors has sold its interests in the London Mine water rights and no longer seeks to use those water rights in this plan for augmentation and exchange. Thus, Coors further amends the Application by deleting the request to use the London Mine Developed Non-Tributary water and Reusable London Mine Water as described in Paragraphs V.B.2, V.B.3, V.C.4, V.C.5 and V.E.3 of the Application. 04CW86 CHRIS VANDEMOER and GEO. A. HENDERSON, CO, P.O. Box 668 Sterling, CO 80751 (970) 522-2259, c/o Ray Ann Brammer, Brammer Law Office, P.C. P.O. Box 1827 Sterling, CO 80751 (970 521 0700). FIRST AMENDED APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION, CHANGE OF EXISTING WATER RIGHTS AND WATER RIGHTS, IN LOGAN, MORGAN AND WASHINGTON COUNTIES. The Applicants seek to amend the Application filed in this matter. All claims not amended herein, remain as set out in the Application dated April 1, 2004. WATER RIGHTS Name of structure: Atwood Pond No. 2 Legal description of point of diversion: Atwood Pond No. 2 is constructed in the NE 1/4 of Section 21, Township 7 North, Range 53 West, approximately 2800 feet from the East section line and approximately 400 feet from the North Section Line. This pond is approximately nine acres in size and three feet deep. 5. Source of Water: South Platte River and its tributaries. 6. Date of Initiation of Appropriation: March 1, 2004 7 How Appropriation initiated: Construction of the Pond. 8. Description of the Proposed Recharge into Atwood Pond No. 2: The water is diverted in the headgate of the Farmers’ Pawnee Canal. It then enters Atwood Pond No. 2 where it is allowed to percolate into the alluvium. 9. Amount Claimed for Atwood Pond No. 2: 5 c.f.s. whenever legally and physically available from the South Platte River and its tributaries. 10. Use: Augmentation, recharge, replacement, and exchange for irrigation, wildlife, and wildlife recovery. 11. Remarks: In the original application Atwood Pond No. 2 was to be included in the Farmers’ Pawnee Recharge Program. This Amendment removes Atwood Pond No. 2 from the Recharge Program in case 95CW263. 12. Other: The applicants have entered into an agreement with the Farmers’ Pawnee to allocate the recharge credits. CHANGE OF WATER RIGHTS 13. Decreed name of structure for which change is sought: Prewitt Reservoir. 14. From previous decree: Date entered, case number and court: January 15, 1914, Case No. 2142, District Court in and for Weld County; October 18, 1965, Case No. 16704, District Court in and for Weld County. Decreed point of diversion: Prewitt Reservoir is located in parts of Sections 1, 2, 10, 11, 12, 13, 14 and 15, Township 5 North, Range 54 West of the 6th P.M., and in parts of Sections 5, 6 and 7, Township 5 North, Range 53 West of the 6th P.M., all in Washington County, Colorado, and in the SE 1/4 of the SE 1/4 of Section 36, Township 6 North, Range 54 West, and in the SW 1/4 and the SW 1/4 of the SE 1/4 of Section 31, Township 6 North, Range 53 West, 6th P.M., all in Logan County, Colorado. The headgate of the Prewitt Inlet Canal is located on the east bank of the South Platte River in the SW 1/4 of Section 24, Township 5 North, Range 55 West, 6th P.M, in Morgan County, Colorado. Source: South Platte River. Appropriation dates and amounts: May 25, 1910 for 32,300 acre-feet; December 31, 1929 for 34,960 acre-feet. Historic use: Applicants own 144.2 acre-rights of the Logan Irrigation District, a quasi-municipal district under Colorado Law (“Logan Prewitt acre-rights”). The Logan Irrigation District is the owner of 17/31 of the water rights decreed to Prewitt Reservoir. Prewitt Reservoir water available to the subject Logan Prewitt acre-rights has historically been used for irrigation purposes on approximately 852 acres of land in Logan County. 15.


Proposed change: Applicant seeks approval of change of use of the Prewitt Reservoir water rights represented by the Logan Prewitt acre-rights to add augmentation, replacement and recharge uses to the existing irrigation use. Water available to the Prewitt Reservoir water rights represented by the subject Logan Prewitt acre-rights will be used to replace depletions associated with wells described in the application which are owned and used by applicants. Such use shall also include the right to use, reuse and successively use, lease, sell and otherwise dispose of to extinction that portion of the water available to the subject Logan Prewitt acre-rights which was historically consumed through irrigation use and that portion which was historically returned to the stream system to the extent those return flows have been made with water from another source available to applicants for replacement purposes. When water available to the subject Logan Prewitt acre-rights is being used for augmentation, replacement or recharge purposes as described above, applicant will replace the return flows that would have occurred from the irrigation use of the subject Logan Prewitt acre-rights, in the amount, at the time and at the location required to prevent injury to other water rights. These replacements will be made by one or a combination of the following methods: leaving a portion of the water available to the subject Logan Prewitt acre-rights in the South Platte River at or near the outlet canal of Prewitt Reservoir, leaving recharge accretions available to applicants from the South Platte Ditch Recharge program and/or releasing to or leaving in the South Platte River any other fully consumable water available to applicant for replacement purposes. Water available to the subject Logan Prewitt acre-rights that is not used for augmentation, replacement or recharge will continue to be used for irrigation. 16. Names and addresses of owners of land on which structures are or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Prewitt Reservoir, the Prewitt Inlet Canal and the Prewitt Outlet Canal are owned by Morgan-Prewitt Reservoir Company, Logan Irrigation District and Iliff Irrigation District, c/o Jim Yahn, P.O. Box 103, Sterling, Colorado 80751 The land on which that water is or will be placed to beneficial use is owned by applicants. 04CW110 SOUTH PLATTE DITCH WELL USERS, INC., 825 CR 25 Merino, CO 80741 (970-522-2693). Correspondence to: Ray Ann Brammer, Brammer Law Office, P.C. P.O. Box 1827, Sterling, CO 80751 (970-521 07001). FIRST AMENDED APPLICATION FOR WATER RIGHTS, CHANGE OF EXISTING WATER RIGHTS AND APPROVAL OF P LAN FOR AUGMENTATION, IN LOGAN, MORGAN AND WASHINGTON COUNTIES. 2. The Applicant seeks to amend the Application filed in this matter. All claims not amended herein, remain as set out in the Application dated April 29, 2004. CHANGE OF WATER RIGHTS 3. The Applicant seeks to amend paragraph 7. e., page 3 as follows Historic use: Applicant’s Members own 379.6 acre-rights of the Logan Irrigation District, a quasi-municipal district under Colorado Law (“Logan Prewitt acre-rights”). The Logan Irrigation District is the owner of 17/31 of the water rights decreed to Prewitt Reservoir. Prewitt Reservoir water available to the subject Logan Prewitt acre-rights has historically been used for irrigation purposes on approximately 379.6 acres of land in Logan County. In addition, Applicant’s Members own 6 shares of the Morgan-Prewitt Reservoir Company that have historically been used to supplement the irrigation in the 104 acres in the NE1/4 of Section 16, Township 6 North, Range 53 West of the 6th P.M. 4. The Applicant seeks to amend paragraph 8. to include the addition of Morgan Prewitt Shares Proposed change: Applicant seeks approval of change of use of the Prewitt Reservoir water rights represented by the Morgan Prewitt Shares and/or the Logan Prewitt acre-rights to add augmentation, replacement and recharge uses to the existing irrigation use. Water available to the Prewitt Reservoir water rights represented by the subject Morgan Prewitt Shares and/or the Logan Prewitt acre-rights will be used to replace depletions associated with wells described in paragraph 6 which are owned and used by applicant’s members. Such use shall also include the right to use, reuse and successively use, lease, sell and otherwise dispose of to extinction that portion of the water available to the subject Morgan Prewitt Shares and/or the Logan Prewitt acre-rights which was historically consumed through irrigation use and that portion which was historically returned to the stream system to the extent those return flows have been made with water from another source available to applicant for replacement purposes. When water available to the subject Morgan Prewitt Shares and/or the Logan Prewitt acre-rights is being used for


augmentation, replacement or recharge purposes as described above, applicant will replace the return flows that would have occurred from the irrigation use of the subject Morgan Prewitt Shares and/or the Logan Prewitt acre-rights, in the amount, at the time and at the location required to prevent injury to other water rights. These replacements will be made by one or a combination of the following methods: leaving a portion of the water available to the subject Morgan Prewitt Shares and/or the Logan Prewitt acre-rights in the South Platte River at or near the outlet canal of Prewitt Reservoir, or through the South Platte Ditch, leaving recharge accretions available to applicant’s members from the South Platte Ditch Recharge program described below in the South Platte River, and/or releasing to or leaving in the South Platte River any other fully consumable water available to applicant or applicant’s members for replacement purposes. Water available to the subject Morgan Prewitt Shares and/or the Logan Prewitt acre-rights that is not used for augmentation, replacement or recharge will continue to be used for irrigation. PLAN FOR AUGMENTATION 5. The Applicant seeks to add one additional well to the Plan for Augmentation, paragraph 10, page 4, previously filed in this case. William Anderson; Permit No. 1094; Decree No. W 632; SE1/4SW1/4 Section 34, Township 6 North, Range 54 West, 6th P.M., with an SDF of 60. 6. Applicant seeks to change the owner of one well previously listed in paragraph 10. Gordon Stumpf was listed as the operator of well permit number 7248. He is now the owner of record on that well. All other information relating to that well remains unchanged. 7. Previous decrees for water rights to be used for augmentation: The Applicant seeks to amend paragraph 11, page 8 by adding a new section j. The application shall be amended as follows: j. Applicant proposes to use recharge credits and/or rights available to its members that may be available by ownership of shares in the South Platte Ditch Company. This shall include, but not be limited to, any and all credits filed in Water Division No. 1, Case No. 2003CW195 available to Applicant’s members. 8. Statement of plan for augmentation, covering all applicable matters under C.R.S. § 37-92-103(9), 302(1)(2) and 305(8). Give full details of plan, including a description of all water rights to be established or changed by the plan. Page 9, paragraph 13 of the original application is amended as follows: b. Replacement water will be provided from the sources described above. The Applicant’s members own 93.6 shares of the 206.9 shares of the South Platte Ditch Company stock. By virtue of the ownership interest in the Ditch company, the Applicant’s members are entitled to their pro rata share of the replacement water available to the South Platte Ditch Company. This includes any water available to the Applicant’s members based on agreements that they may have with the Ditch Company for recharge facilities that are located on land owned by Applicant’s members. This also includes any pro rata share of the recharge credits that the South Platte Ditch Company is entitled to based on the use of the South Platte ditch as a means of transporting recharge water to additional ponds that are located on the Ditch. The amount, timing and location of replacement water available from the South Platte Ditch Recharge Program will be determined in accordance with the terms of the decree in W-7839 and 96CW 97. By virtue of the Applicant’s members ownership of South Platte Ditch Company Shares, the Applicant also claims its members pro rata share of any water available pursuant to case No. 2003 CW195. WHEREFORE, the Applicant requests that the Court enter a Decree approving the water rights and plan for augmentation described herein. 04CW120 LOWRY VIDIC AND JOSIE VIDIC, 3779 Pasture Gate Circle, Elizabeth, CO 80107 (303-646-8934). (Direct all pleadings to: Cynthia F. Covell, Esq., Andrea L. Benson, Esq., Alperstein & Covell, P.C., 1600 Broadway, Suite 2350, Denver, CO 80202 (303)894-8191). AMENDED APPLICATION FOR DETERMINATION OF NOT-NONTRIBUTARY UNDERGROUND WATER RIGHTS IN THE UPPER DAWSON AQUIFER, FOR DETERMINATION OF NONTRIBUTARY UNDERGROUND WATER RIGHTS IN THE LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE FOX-HILLS AQUIFERS, FOR PLAN FOR AUGMENTATION, AND CORRECTION OF ALLUVIAL WELL LOCATION TRIBUTARY TO RUNNING CREEK, IN ELBERT COUNTY. Purpose of Amendment: The application in the above-captioned case was filed to provide a water supply for polo fields owned by Applicants’ predecessor, Running Brook LLC, on Lot 59A, Running Brook Estates Amendment No. 1, Elbert County, Colorado. It was determined that the augmentation plan as


originally applied for did not provide sufficient augmentation supplies. Running Brook LLC subsequently sold Lot 59A to Applicants, who already owned Lot 58A. Applicants determined to adjudicate all of the not-nontributary and nontributary groundwater in all of the Denver Basin aquifers underlying Lots 58A and 59A, and certain nontributary Denver aquifer groundwater that has been leased to Applicants. In addition, the nontributary groundwater underlying Lots 58A and 59A is now included as an augmentation supply, as is additional nontributary Denver aquifer groundwater made available to Applicants by lease. The application is therefore amended as herein provided in order to (1) quantify and adjudicate not-nontributary and nontributary water in the Upper and Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying both Lot 58A and Lot 59A; (2) quantify and adjudicate nontributary water in the Denver aquifer made available to Applicants by lease; (3) confirm that the irrigation well described in the original application has been and will continue to be used for irrigation on Lot 59A; and (4) to amend the augmentation plan to provide increased augmentation supplies by including as augmentation supplies nontributary groundwater in the Denver aquifer underlying Lots 58A, 59A, and available by lease, and nontributary groundwater in the Lower Dawson, Arapahoe and Laramie-Fox Hills aquifers underlying Lots 58A and 59A. The application in the above-captioned case is amended as follows: The caption is amended to identify the changed parties and to reflect adjudication of not-nontributary groundwater in the Upper Dawson aquifer and nontributary groundwater in the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers. Paragraphs 2 - 12 are amended and replaced in their entirety as follows: APPLICATION FOR DETERMINATION OF NOT-NONTRIBUTARY AND NONTRIBUTARY UNDERGROUND WATER RIGHTS1) Names of wells and permit, registration or denial numbers: Not applicable. No wells or well permits currently exist with respect to the right to withdraw the not-nontributary groundwater in the Upper Dawson aquifer, or the nontributary groundwater in the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers claimed herein. Well permit(s) for the well(s) to be constructed shall be applied for at such time as Applicants are prepared to construct the wells. Applicants request the Court to direct the State Engineer to issue such well permits in conformance with the terms of the decree granted herein.2) Description of overlying land: The groundwater that is the subject of this application underlies the following-described land in Section 25, T7S, R65W, and Section 30, T7S, R64W, 6th P.M. in Elbert County, Colorado: Lot 58A, Lot 59A, Tract J and Tract K (as to Denver aquifer water only) Running Brook Estates Amendment No. 1, County of Elbert, State of Colorado. Figure 1 is a map showing the location of said overlying land. Said property is herein referred to as the “Subject Property.” Applicants own Lots 58A and 59A, and are parties to a Water Rights Lease dated January 30, 2005, with the owner of Tracts J and K (the “Water Rights Lease.”) Pursuant to the Water Rights Lease, Applicants may withdraw and use Denver aquifer water underlying Tracts J and K. Lot 58A is approximately 18.25 acres, Lot 59A is approximately 41.4 acres, Tract J is approximately 7.4 acres, and Tract K is approximately 5.62 acres. 3) Well locations, additional wells, and well fields. Applicants claim the right to withdraw groundwater from the Upper and Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers through wells located anywhere on Lots 58A and 59A. Applicants claim the right to construct on Lots 58A and 59A additional and replacement wells into the Denver aquifer in order to maintain levels of production, to meet water supply demands, or to recover the entire amount of groundwater in the Denver aquifer underlying the Subject Property (Lots 58A and 59A, and, in accordance with the Water Rights Lease, Tracts J and K). Applicants also claim the right to construct on Lots 58A and 59A additional and replacement wells into the Upper and Lower Dawson, Arapahoe and Laramie-Fox Hills aquifers in order to maintain levels of production, to meet water supply demands, or to recover the entire amount of groundwater in each of said aquifers underlying Lots 58A and 59A. As additional wells are planned, applications for well permits will be filed in accordance with C.R.S. § 37-90-137(10), and Applicants claim the right to construct such wells and/or replacement wells without the necessity of filing an amendment to this application, republishing it, or petitioning the Court for the reopening of any decree hereafter entered. Applicants claim the right to have two or more wells constructed into any particular aquifer and located within Lots 58A and 59A be considered a well field pursuant to Rule 4.A.(13) and Rule14 of the Statewide Nontributary Groundwater Rules, 2 C.C.R. 402-7, and Applicants hereby request waiver of the


requirements of C.R.S. § 37-90-137(b)(I) and (II) prohibiting location of a well within 600' of an existing well as to all wells within Lots 58A and 59A. 4) Source and classification of groundwater. Applicants seek confirmation of the right to withdraw (1) all of the available Denver aquifer groundwater underlying Tracts J and K in accordance with the Water Rights Lease; and (2) all of the available groundwater from the Upper and Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying Lots 58A and 59A. Applicants claim the groundwater in the Upper Dawson aquifer as “not-nontributary” as defined in C.R.S. § 37-90-103(10.7), subject to withdrawal and use in accordance with a decreed augmentation plan or approved substitute water supply plan providing for augmentation of depletions from said Upper Dawson aquifer. Applicants claim the groundwater in the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers as “nontributary” as defined in C.R.S. § 37-90-103(10.5). Applicants acknowledge that pursuant to C.R.S. § 37-90-137(9)(b) and the rules and regulations promulgated thereunder by the Colorado State Engineer, Applicants shall not be required to relinquish the right to consume, by means of original use, reuse, and successive use, more than 2% of the amount of groundwater which is withdrawn from the nontributary Denver aquifer underlying the Subject Property, or which is withdrawn from the nontributary Lower Dawson, Arapahoe and Laramie-Fox Hills aquifers underlying Lots 58A and 59A. 5) Well depths. Well(s) will be completed to the bottom of each aquifer. Based on a ground elevation of approximately 6320 feet above sea level at the Subject Property, the approximate depths to the top and bottom of each aquifer at this location are as follows:

Aquifer

Bottom Elev.

Top Elev.

Depth to Bottom

Depth to Top

Upper Dawson

5991

6309

329

11

Lower Dawson

5797

5985

523

335

Denver

4930

5760

1390

560

Arapahoe

4440

4870

1880

1450

LFH

3850

4140

2470

2180

These depths are approximate and are based on geologic and topographic information available from the Colorado State Engineer’s office. Actual well completion depth(s) may vary from these estimates based on the actual conditions below the Subject Property. 6) Appropriation. Pursuant to C.R.S. § 37-92-305(11), the date of appropriation, the date the water was applied to beneficial use, and the manner of initiation of the water rights sought herein are not applicable to the not-nontributary and nontributary groundwater rights sought herein, and no showings of, or applications for, reasonable diligence are required with respect to such water rights. 7) Amounts. Pursuant to C.R.S. §37-90-137(4), Applicants seek to appropriate and confirm their right to withdraw all of the groundwater in the Upper Dawson and Lower Dawson, the Denver, Arapahoe and Laramie-Fox Hills aquifers underlying Lots 58A and 59A over the statutorily prescribed 100-year life for such aquifers, and to quantify the groundwater in the Denver aquifer underlying Tracts J and K, and to appropriate and confirm their right to withdraw the nontributary groundwater from the Denver aquifer underlying said tracts in accordance with the Water Rights Lease, consistent with the statutorily-prescribed 100-year life of the Denver aquifer. a) Estimated amount and rate of withdrawal. Each well will withdraw groundwater at a rate of flow up to such rate as will allow the efficient withdrawal of the entire available amount, including such higher rates as may be necessary to meet peak pumping requirements. Applicants have utilized the Denver Basin Rules of the State Engineer, 2 C.C.R. 402-6, to estimate the specific yield and the average thickness of the saturated aquifer materials in the Denver aquifer beneath the Tracts J and K, and in all of the aquifers underlying Lots 58A and 59A. By use of such values, Applicants estimate that they are entitled to withdraw the following amounts of groundwater from the aquifers underlying Lots 58A and 59A, and from the Denver aquifer underlying Tracts J and K.


Table 1 Aquifer

Acres

Saturated thickness (feet)

Specific yield

Average annual withdrawal (a.f.)

Upper Dawson

59.65*

155

20%

18.49

Lower Dawson

59.65

55

20%

6.56

Denver

59.65 13.02**

224.4

17%

22.75 4.87

Arapahoe

59.65

227.2

17%

23.04

LFH

59.65

179.3

15%

16.04

* Lots 58A and 59A combined ** Tracts J and K combined b) Banking. As allowed by the “banking” provisions of Rule 8.A of the Statewide Nontributary Groundwater Rules, 2 C.C.R. 402-7, Applicants claim the right to withdraw more water each year from each of the aquifers than the average amount available annually from each aquifer, so long as the sum of the withdrawals from all of the wells completed into each aquifer does not exceed the product of the average annual amount of withdrawal available from that aquifer times the number of years since the date of issuance of a permit to construct a well into the aquifer, or the date of this decree, whichever date occurs first. c) Well field provisions. Consistent with Rule 14 of the Statewide Nontributary Groundwater Rules, Applicants claim the right to produce the total allowed annual amount of withdrawal claimed hereunder for each aquifer, including amounts claimed from each aquifer pursuant to the “banking” provisions of Rule 8.A, through a single well drilled into each aquifer or through a combination of wells drilled into each aquifer. d) Adjustments based on site specific data. As wells are drilled and more site specific data is obtained for each aquifer, different aquifer characteristics and sand thicknesses may be shown to exist and the total amount of groundwater available may change. Accordingly, Applicants request the right to revise these estimates and to obtain a decree for whatever amount of groundwater is shown to be in the Denver aquifer underlying Tracts J and K and in all of the aquifers underlying Lots 58A and 59A without the necessity of amending this application or republishing the same. 8) Proposed uses. Water withdrawn pursuant to the water rights claimed herein may be used, stored, reused and successively used and/or leased, sold or otherwise disposed of for all purposes including domestic, industrial, agricultural, commercial, irrigation, stock watering, recreational, fish and wildlife, fire protection, sanitary purposes, replacement of depletions, augmentation, exchange and any other beneficial uses on or off Lots 58A and 59A. Applicants recognize that depletions from withdrawals of the not-nontributary water from the Upper Dawson aquifer must be augmented, and will seek a plan for augmentation with the water court and/or a substitute water supply plan at such time as they intend to use the not-nontributary water from the Upper Dawson aquifer. Applicants claim the right to immediately use the nontributary water in the other aquifers for all purposes, or to store it for subsequent use, to use it for exchange purposes, for direct replacement of depletions, and for other augmentation purposes, including taking credit for all return flows resulting from the use of such water for augmentation for, or as an offset against, any depletions required to be replaced. 9) Retained jurisdiction. Pursuant to C.R.S. § 37-92-305(11), Applicants request the Court to retain jurisdiction as necessary to provide for the adjustment of the average annual amount of nontributary Denver aquifer groundwater available under Tracts J and K, and adjustment of the average annual amount of not-nontributary and nontributary groundwater available in all Denver Basin aquifers underlying Lots 58A and 59A to conform to actual local aquifer characteristics as determined from adequate information obtained from well drilling or test holes. 10) Names and addresses of owners of land upon which the wells will be located. Applicants. 11) Relief requested. Applicants request the Court to enter a decreea) granting the application and confirming the Applicants’ right to withdraw the nontributary groundwater from the Denver aquifer underlying Tracts J and K and from the Upper Dawson, Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers


underlying Lots 58A and 59A and determining that such water rights are vested property rights; b) finding that such groundwater is available for withdrawal by Applicants in the estimated average annual amount described herein and for all uses claimed herein at rates of flow up to such rates as will allow efficient withdrawal of the entire available amount from each aquifer, including such higher rates as may be necessary to meet peak pumping requirements; c) granting the right to withdraw such groundwater anywhere on Lots 58A and 59A, and waiving applicable spacing requirements; d) granting the right to construct additional and replacement wells into all of the aquifers underlying Lots 58A and 59A in order to maintain levels of production from each aquifer, to meet water supply demands, or to recover the entire amount of groundwater available to Applicants in the Denver aquifer underlying Tracts J and K pursuant to the Water Rights Lease, and in all of the aquifers underlying Lots 58A and 59A without the necessity of filing an amendment to this application, republishing it, or petitioning the Court for the reopening of any decree hereafter entered; e) granting the right to have two or more wells constructed into any particular aquifer underlying Lots 58A and 59A be considered a well field pursuant to Rule 4.A.(13) and Rule 14 of the Statewide Nontributary Groundwater Rules, 2 C.C.R. 402-7, and the right to produce the total annual allowed withdrawal claimed hereunder, including amounts claimed from each aquifer pursuant to “banking” provisions, through a single well drilled into each aquifer or through a combination of wells drilled into each aquifer; f) finding that the groundwater in the Upper Dawson aquifer underlying Lots 58A and 59A is “not-nontributary,” as defined in C.R.S. § 37-90-103(10.7), subject to withdrawal and use at such time as an augmentation plan or substitute water supply plan has been approved providing for augmentation of depletions from well withdrawals from said Upper Dawson aquifer; g) finding that the groundwater in the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers is “nontributary” as defined in C.R.S. § 37-90-103(10.5), and that the withdrawal of such groundwater from each of said aquifers will not, within 100 years, deplete the flow of a surface stream at an annual rate greater than one-tenth of one percent of the annual rate of withdrawal; h) granting Applicants’ right to consume, by means of original use, reuse, and successive use, all but two percent of the amount of groundwater which is withdrawn from the Denver aquifer underlying Tracts J and K (subject to the terms of the Water Rights Lease) and all but two percent of the amount of groundwater which is withdrawn from the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying Lots 58A and 59A; i) finding that the date of appropriation, date the water was applied to beneficial use, and the manner of initiation of the water rights sought herein are not applicable to the water rights sought herein and that no showings of or applications for findings of reasonable diligence are required with respect to such water rights; j) granting the right to withdraw more water each year from each of the aquifers than the average amount available annually from each, so long as the sum of the withdrawals from all of the wells completed into a particular aquifer does not exceed the product of the average annual amount of withdrawal available from that aquifer times the number of years since the date of issuance of a permit to construct a well into such aquifer or the date of this decree, whichever date occurs first; k) retaining jurisdiction to provide for the adjustment of the average annual amount of groundwater available in the Denver aquifer underlying Tracts J and K, and the average annual amount of groundwater available in the Upper Dawson, Lower Dawson, Denver Arapahoe and Laramie-Fox Hills aquifers under Lots 58A and 59A to conform to actual local aquifer characteristics as determined from adequate information obtained from well drilling or test holes; l) and directing the State Engineer to issue well permits in conformance with this decree. Paragraph 13 is amended by replacing the designation “Subject Property” with the designation “Lot 59A” and reads as follows: 12) Background. Water is supplied for irrigation of Lot 59A from an alluvial well located on Lot 59A. In 1990, the well was redrilled, necessitating a correction of well location as herein described. Paragraphs 24 - 26 are amended to read as follows: 24. Previous decree(s) for water right(s) to be used for augmentation. The water to be used for augmentation of depletions from the Running Brook Irrigation Well is nontributary groundwater underlying Lots 58A and Lots 59A in the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers, as well as nontributary Denver aquifer groundwater underlying Tracts J and K on the terms and conditions of the Water Rights Lease. Quantification and adjudication of such groundwater is being sought pursuant to this application. 25. Historic use. There is no historic use associated with the


nontributary aquifer groundwater proposed as an augmentation source. 26. Statement of plan for augmentation, covering all applicable matters under C.R.S. § 37-92-103(9), 302(1) and (2) and 305(8). Applicants’ polo fields are located on Lot 59A, Running Brook Estates, Amendment No. 1, in Section 25, Township 7 South, Range 65 West, and Section 30, Township 7 South, Range 64 West of the 6th P.M. as shown on Figure 1. The fields have historically been irrigated by the Running Brook Irrigation Well. The well is tributary to Running Creek, a tributary of Box Elder Creek, which is tributary to the South Platte River. Well depletions from this well were historically augmented by GASP; however, Applicants are not part of the current GASP substitute water supply plan. The polo fields are irrigated from May through September each year. The amount of water used annually for irrigation of the bluegrass polo fields by the Running Brook Irrigation Well is limited by the amount of water from the nontributary aquifers available to the Applicants for augmentation use. A Denver aquifer well is planned to be completed first for this augmentation plan, and Applicants’ water consultants have estimated that approximately 27 acre-feet per year are available from the Denver aquifer underlying Lots 58A and 59A, and Tracts J and K, as set forth in paragraph 8.A. of this Amended Application. Based on this amount of Denver aquifer augmentation water, a maximum of 32 acre-feet per year can be pumped from the Running Brook Irrigation Well and used to irrigate the polo fields, based on an irrigation efficiency of 85% for the irrigation system. Applicants may irrigate up to 22 acres of polo fields within Lot 59A, provided that the total amount of irrigation within Lot 59A does not result in depletions greater than the annual amount available for withdrawal from the Denver aquifer well or wells in any given year, unless additional augmentation supplies from wells in the nontributary Lower Dawson, Arapahoe and/or Laramie-Fox Hills Aquifers are made available. Applicants also reserve the right to adjust the amount of water that may be pumped from the Running Brook Irrigation Well if the determinations of available augmentation supplies from the nontributary aquifers are adjusted based on site specific information. Glover analyses were completed to determine if there exists a time lag between the irrigation well depletions and the polo field irrigation return flows to Running Creek. The Running Brook Irrigation Well is located approximately 300 feet from Running Creek and the center of the polo fields is approximately 800 feet from Running Creek. The fields drain toward Running Creek. Therefore, most of the depletions accrue to Running Creek during May - September, while the well is being pumped. Monthly depletions were calculated at 85% of the amount pumped and return flows were calculated at 15% of application. Table 2 sets forth maximum monthly irrigation demands, which total 32 acre-feet (limited at this time as a result of use of the Denver aquifer as an initial augmentation source) between May and September. Table 3 sets forth monthly stream depletions and return flows. The delayed depletion analysis is shown in Table 4. Water from the nontributary Denver aquifer underlying Lots 58A and 59A and Tracts J and K will be used initially to augment the well depletions. Using the equation set forth by Senate Bill 5 and the rules and regulations promulgated thereunder by the State Engineer, approximately 27 acre-feet per year will be available for withdrawal from the Denver aquifer and use for augmentation under this plan. See paragraph 8 above. Initially, a Denver aquifer well will be drilled, and the water withdrawn will be delivered directly to Running Creek via a pipeline. The rate of pumping will depend on the amount of augmentation water required to be delivered to Running Creek on a monthly basis. In the future, should Applicants elect to provide additional augmentation supplies from one or more of the other nontributary aquifers underlying Lot 58A and Lot 59A, the amount of water pumped from the Running Brook Irrigation Well may be increased so long as increased depletions can be fully offset in time, place and amount as herein provided. Except as amended, the Application is unchanged. Statements of opposition filed to the original application shall be applicable to this amendment as well. THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED.


YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of MAY 2005 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be filed as an Original with triplicate copies and 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

March 2005 FINAL resume - CO Courts · MARCH 2005 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