September, 2002 Resume - CO Courts€¦ · September, 2002 Resume 2 subject wells will not exceed the pumping rate specified on the well permit for each well. 8. Proposed use: A

September, 2002 Resume

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TO ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIVISION 1: Pursuant to CRS, 37-92-302, you are hereby notified that the following pages comprise a resume of applications and amended applications filed in the office of the Water Clerk for Water Division No. 1 during the month of September, 2002. 2002CW188 WILLIAM F. HAIL AND ARLENE M. HAIL, 6570 N. Alpine Drive, Parker, CO 80134. Application for Underground Water Rights from Nontributary Sources, IN DOUGLAS CONTY. 2. Well Permits: Existing Hail Well #32976. Other well permits will be applied for prior to drilling the wells. 3. No specific wells are sought to withdraw ground water from the aquifer and the nontributary Lower Dawson, Denver, Arapahoe or Laramie Fox Hills aquifers underlying the land described in paragraph 10 and below at this time. Existing Hail Well #32976 is located in the NE1/4NW1/4NW1/4NE1/4, S7, T7S, R65W, 6th P.M., Douglas County, at a point approximately 3000’ from West line, and 810’ from the North line of S7. All other wells will be located on applicant’s land on Lot 64, Hidden Village, Filing #2. 4. Date of Appropriation: Water Appropriation approved for Hail Well, permit #32976 on 2/13/1968. 5. Source of Water Rights: A. Existing Hail Well #32976 withdraws not nontributary groundwater from the Upper Dawson Aquifer. B. The nontributary groundwater will be withdrawn from the Lower Dawson, Denver, Arapahoe and Laramie-Fox aquifer(s). 6. Estimated Amounts, Rates of Withdrawal on Well Depths: A. Existing Hail Well, Permit #32976, is 258’ deep. We request 20 gpm absolute from Upper Dawson Aquifer. Pump test accomplished 7/25/02 as follows: Ran water from garden hose until I heard pump turn on. Turned water off and waited for pump to fill holding tank and turn off. I then turned off the power source to the pump. I then drained 20 gallons from the tank into 45 gallon buckets. I then turned the pump power switch back on and timed how long it took to recover. The recovery time was 70 seconds or 1 minute, 10 seconds. I did this procedure an additional 2 times, and each time the recovery time was the same. B. Average Pumping Rates and Well Depths, future wells: Rate Aquifer Depths Lower Dawson Aquifer 35 gpm 710 to 920 feet Denver Aquifer 35 gpm 960 to 1690 feet Arapahoe Aquifer 35 gpm 1750 to 2260 feet Laramie-Fox Hills 35 gpm 2580 to 2890 feet Average pumping rates may vary according to system design and water supply demands. C. Estimated Average annual Amounts Available. The estimated average amount of withdrawal available from the subject aquifers as indicated below, is based upon the Denver Basin Rules, 2 C.C.R. 402-6. Applicant estimates the following values and average annual amounts are representative of the referenced aquifers underlying subject property which is an area of 5.124 acres. Annual Average Sand Specific Withdrawal Thickness Yield(%) (acre feet) Aquifer Lower Dawson 97 feet .20 .97 Denver 255 feet .17 2.20 Arapahoe 249 feet .17 2.15 Laramie-Fox Hills 195 feet .15 1.48 7. Well Fields. Applicant requests that this court determine that Applicant has the right to withdraw all of the legally available non tributary ground water in the subject aquifers lying below the land described in paragraph 10 below, through the wells described in paragraph 2 above and any additional wells which may in the future become part of the Applicant’s well fields. Applicant requests that these wells, along with any additional wells completed into the same aquifer, shall be treated as a well field. Applicant further requests that the pumping rates for each of these wells may exceed the nominal pumping rates set forth above to the extent necessary to withdraw the full annual acre-foot allocation of water from the aquifer. However, the


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subject wells will not exceed the pumping rate specified on the well permit for each well. 8. Proposed use: A. Existing Hail Well, Permit #32976 with Domestic Rating, is used for 1 single family dwelling, stock, and irrigation of approximately 6437 sq. ft. B. All water withdrawn from proposed nontributary wells will be reused, successively used, sold or otherwise disposed of for the following beneficial uses, municipal, domestic, industrial, commercial, augmentation, stock watering, recreational, fish and wildlife. Water will be produced for immediate application to said uses, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions from the use of water from other sources and for all other augmentation purposes. 9. Applicant requests the right to withdraw from these wells an average amount of water determined to be available in paragraph 6 plus an amount of ground water in excess of that annual amount; provided that the sum of the total withdrawals from any particular aquifer does not exceed the product of the number of years since the date of the issuance of well permits or of the entry of this decree, which ever occurs first, times the decreed average annual amount for that aquifer.10. Description of the Land Overlying Subject Ground Water: Approximately 5.124 acres of land located in the NE1/4NW1/4& NW1/4NE1/4 of S7, T7S, R65W, 6th P.M., Douglas County, Colorado, AKA Lot 64, Hidden Village, Filing #2(Map Attached) 11. Names and Addresses Of Owners of land overlying water claimed here in: William F. Hail and Arlene M. Hail, 6570 N. Alpine Drive, Parker, CO 80134. 12. Remarks: (3 pages) 2002CW189 LEWIS J. & ELEANOR M. WISER, 6559 Alpine Drive, Parker, CO 80134-6201. Application for Underground Water Rights from Nontributary Sources, IN DOUGLAS COUNTY. 2. Well Permits: Existing Wiser Well #37506. Other well permits will be applied for prior to drilling the wells. 3. No specific wells are sought to withdraw ground water from the nontributary Lower Dawson, Denver, Arapahoe or Laramie Fox Hills aquifers underlying the land described in paragraph 10 and below at this time. Existing Wiser Well #37506 is located in the applicant’s land in the NW1/4NE1/4, S7, T7S, R65W, 6th P.M., Douglas County, at a point approximately 354’ from North line, and 3167.8’ from the West line of S7. (GPS N39°27.811’ W104°42.470’). All other wells will be located on applicant’s land on Lot 61, Hidden Village, Filing #2. 4. Date of Appropriation: Water Appropriation approved for Wiser Well, permit #37506 on 4/18/1969. 5. Source of Water Rights: A. Existing Wiser Well #37506 withdraws not nontributary groundwater from the Upper Dawson Aquifer. B. The nontributary groundwater will be withdrawn from the Lower Dawson, Denver, Arapahoe and Laramie-Fox aquifer(s). 6. Estimated Amounts, Rates of Withdrawal on Well Depths: A. Existing Wiser well, Permit #37506, is 282’ deep., approved 20 gpm. We request 15 gpm absolute from Upper Dawson Aquifer. Pump test accomplished 8/21/02 as follows: Pumping the well was achieved by taking 2 different draws of 20 gallons and time each recovery. Each recovery time was right at 80 seconds. B. Average Pumping Rates and Well Depths, future wells: Rate Aquifer Depths Lower Dawson Aquifer 35 gpm 710 to 920 feet Denver Aquifer 35 gpm 960 to 1690 feet Arapahoe Aquifer 35 gpm 1750 to 2260 feet Laramie-Fox Hills 35 gpm 2580 to 2890 feet Average pumping rates may vary according to system design and water supply demands. C. Estimated Average annual Amounts Available. The estimated average annual amount of withdrawal available from the subject aquifers as indicated below, is based upon the Denver Basin Rules, 2 C.C.R. 402-6. Applicant estimates the following values and average annual amounts are representative of the referenced aquifers underlying subject property which is an area of 3.69 acres. Annual Average Sand Specific Withdrawal Thickness Yield(%) per acre (acre feet) Aquifer Lower Dawson 97 feet .20 .19 = .70 Denver 255 feet .17 .43 = 1.59 Arapahoe 249 feet .17 .42 = 1.54 Laramie-Fox Hills 195 feet .15 .29 = 1.07


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D. The average annual amount available for withdrawal from the subject aquifers will depend upon the hydrology and the legal entitlement of Applicant to all groundwater in those aquifers underlying the described property. 7. Well Fields. Applicant requests that this court determine that Applicant has the right to withdraw all of the legally available non tributary ground water in the subject aquifers lying below the land described in paragraph 10 below, through the wells described in paragraph 2 above and any additional wells which may in the future become part of the Applicant’s well fields. Applicant requests that these wells, along with any additional wells completed into the same aquifer, shall be treated as a well field. Applicant further requests that the pumping rates for each of these wells may exceed the nominal pumping rates set forth above to the extent necessary to withdraw the full annual acre-foot allocation of water from the aquifer. However, the subject wells will not exceed the pumping rate specified on the well permit for each well. 8. Proposed use: A. Existing Wiser Well, Permit #37506 with Domestic Rating, is used for 1 single family dwelling, stock, lawn and garden irrigation of approximately 5,460 sq. ft. B. All water withdrawn from proposed nontributary wells will be reused, successively used, sold or otherwise disposed of for the following beneficial uses, municipal, domestic, industrial, commercial, augmentation, stock watering, recreational, fish and wildlife. Water will be produced for immediate application to said uses, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions from the use of water from other sources and for all other augmentation purposes. 9. Applicant requests the right to withdraw from these wells an average amount of water determined to be available in paragraph 6 plus an amount of ground water in excess of that annual amount; provided that the sum of the total withdrawals from any particular aquifer does not exceed the product of the number of years since the date of the issuance of well permits or of the entry of this decree, which ever occurs first, times the decreed average annual amount for that aquifer. 10. Description of the Land Overlying Subject Ground Water: Approximately 3.69 acres of land located in the NW1/4NE1/4 of S7, T7S, R65W, 6th P.M., Douglas County, Colorado, AKA Lot 61, Hidden Village, Filing #2(Map Attached) 11. Names and Addresses Of Owners of land overlying water claimed here in: Lewis J. & Eleanor M. Wiser, 6559 N. Alpine Drive, Parker, CO 80134. 12. Remarks: (3 pages) 2002CW190 MARIE E. BABKIEWICH, 3292 Vivian Dr., Wheatridge, CO 80033. Application for Water Rights (Surface), IN JEFFERSON COUNTY. Babkiewich Pump in Lena Gulch is located in S 29, T 3S, R 69W, 6:00 pm. AKA Applewood Village, second filing, lot 40. Source: Lena Gulch Appropriation: 9-3-02 Amount 30 GPM Use: Water residential lawn and gardens. Lot size 125x80. (Two pages) 2002CW191 CITY OF GOLDEN vs HAL D SIMPSON and RICHARD L. STENZEL. COMPLAINT 2002CW192, CONCERNING THE APPLICATION FOR WATER RIGHTS OF HOWARD D. AND CATHERINE CASTO, APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY AND 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 DOUGLAS COUNTY 1. Name, address, and telephone number of Applicants: Howard D. and Catherine M. Casto, 4228 Elati Road, Larkspur, Colorado 80118 (303) 681-2578 (Carmen S. Hall, Petrock & Fendel, P.C., 700 17th Street, #1800, Denver, Colorado 80202). 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 38 acres of land being Tract 1, Antelope Ridge, being generally located in part of the S1/2NE1/4 of Section 29, T9S, R65W 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


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decreed amounts. Applicants 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. 233219 which will be repermitted to operate pursuant to the augmentation plan requested below. Applicants waive 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 upon the Denver Basin Rules, 2 C.C.R. 402-6. Applicants estimate the following annual amounts are representative of the subject aquifers underlying the Subject Property: Saturated Annual Aquifer Thickness Amount Upper Dawson 238 feet 18 acre-feet Lower Dawson 185 feet 13 acre-feet Denver 243 feet 15 acre-feet Arapahoe 262 feet 16 acre-feet Laramie-Fox Hills 188 feet 10 acre-feet The average annual amounts available for withdrawal from the subject aquifers will depend on the hydrogeology and the legal entitlement of the Applicants and represents a claim to all Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifer groundwater underlying the Subject Property. 6. Well Fields: Applicants request that this Court determine that Applicants have 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 Applicants’ well fields. As additional wells are constructed, applications will be filed in accordance with 37-90-137(10), C.R.S. 7. Proposed Use: Applicants 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 or part of the Upper Dawson aquifer groundwater 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: Applicants will use the Upper Dawson water for inhouse, irrigation, including in a hydroponic greenhouse operation, and stockwatering uses, including storage, on the Subject Property at rates of flow necessary to withdraw the entire annual amount. For purposes of this application, inhouse use will require approximately 0.3 acre-feet per year, irrigation use will require approximately 0.05 acre-feet per year for irrigation of every 1000 square-feet of lawn, garden, and trees, however this value may be less if irrigated using drip hoses, and stockwatering will require approximately 0.05 acre-feet per year for stockwatering of every 4 large domestic animals. 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, except for the hydroponic operation which may be fully consumed. For irrigation through drip hoses the consumptive use may be less than 90% and determined in the future. Stockwatering use and storage will be considered to be 100% consumptively used. Before any other type of sewage treatment is proposed in the future, including incorporation of the Subject Property into a central sewage collection and treatment system, Applicants, 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 Applicants will replace actual depletions to the affected stream system pursuant to 37-90-137(9)(c), C.R.S. Applicants estimate that depletions may occur to the Cherry 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. After the entire amount decreed herein has been withdrawn or after pumping ceases, Applicants will demonstrate that any depletions which may occur to the stream systems are non-injurious and need not be replaced. However, if the Court finds that such depletions need to be replaced,


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Applicants will reserve an adequate amount of nontributary groundwater underlying the Subject Property to meet augmentation requirements. 10. Remarks: A. Applicants claim 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 Applicants have estimated the amounts of water available for withdrawal from the subject aquifers based on estimates of relative values for specific yield and saturated thickness, Applicants request 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. Applicants will withdraw not nontributary Upper Dawson aquifer groundwater requested herein under the plan of augmentation requested herein pursuant to 37-90-137(9)(c), C.R.S. WHEREFORE, Applicants pray that this Court enter a Decree: 11. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 12. Specifically determining that: A. Applicants have complied with 37-90-137(4), C.R.S., and water is legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near Applicants' property, pursuant to 37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; B. The groundwater in the Upper Dawson aquifer is not nontributary and groundwater in the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers is nontributary groundwater; C. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater and the plan for augmentation proposed herein; D. No findings of diligence are required to maintain these water rights. FURTHER, Applicants pray that this Court grant such other relief as seems proper in the premises. 2002CW193 DEARAL BEDDO, Robert E. Schween, Robert E. Schween, P.C., P.O. Box 262104. Littleton, Colorado 80163-2104 Telephone: 303-471-5150 Facsimile: 303-470-3103 APPLICATION FOR ABSOLUTE WATER STORAGE RIGHT, IN WELD COUNTY 1. Name and Address of Applicant: Dearal Beddo, P.O. Box 426, Platteville, Colorado 80651. [303-861-1748] 2. Name of Structure: Birkle Slough. 3. Legal Description of Points of Diversion, Place of Storage, Sources, Amounts Claimed, and Uses: Birkle Slough: A. Point of Diversion: Located 2100 feet east of the NW corner, on the north Section line, of Section 25, Township 3 North, Range 67 West, 6th P.M. B. Legal Description: In the E ½ of the NW ¼, and the W ½ of the NE ¼, Section 25, Township 3 North, Range 67 West, 6th P.M. C. source: Natural underground springs and seepage, tributary to the South Platte River. D. Amount: 1.0 cfs at diversion point. 11.06 acre-feet of storage: 8.3 acre-feet active capacity; 2.76 acre-feet dead storage. E. Uses: Storage for irrigation, stockwatering, recreation, and piscatorial uses. See Location Map, Exhibit A, for location of structure. 4. Appropriation of Water: A. Date of Appropriation: June 1, 1972. B. How Appropriation Was Initiated: By dredging and cleaning of existing slough. Such work was initiated on June 1, 1972. C. Date Water Applied to Beneficial Use: June 15, 1972. 5. Uses: As stated above in paragraph 3, as well as all other beneficial uses, including non-seasonal irrigation, and augmentation and exchange. (Any augmentation uses may be made only pursuant to a subsequently filed plan for augmentation therefor.) Applicant claims the right to use and reuse the water stored in the Birkle Slough. 6. Surface Area of High Water Line and Total Capacity of Storage Facility: A. Maximum height of dam in feet: N/A. B. Length of dam in feet: N/A. C. Surface area: 2.5 acres. D. Capacity: 11.06 AF (8.3 AF active; 2.76 AF dead). 7. Name and Address of Owner of Land on Which Storage Structure for the Water Right is Located: Same as Applicant. 8. Description of Plan for Diversion and Storage: A. Water accumulates in the Birkle Slough from discharges from natural springs on Applicant’s property and from seepage. Applicant intends to continue to use the water so accumulated and stored under this application for irrigation, stockwatering, recreational, and piscatorial purposes. B. To the extent practicable, Applicant shall provide measuring devices satisfactory to the Division Engineer for purposes of administration. C. Applicant shall have the ability to store accumulated water in the Birkle Slough at the rates and


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volumes identified above for the uses herein described, up to a maximum rate of 1.0 cfs and a total volume of 11.06 acre-feet per year, with the right to fill and refill. WHEREFORE, Applicant prays that this Court enter a decree: A. Granting the application herein and awarding the requested absolute water right to store water the purposes enumerated herein; B. Specifically determining that: (1) The stored waters which are the subject of this application have been continuously diverted, stored, or otherwise captured, possessed and controlled and put to beneficial use since the time of the initiation of the appropriation; and (2) The water right claimed hereby is made absolute based on its historical application to the claimed uses continuously since 1972. FURTHER, Applicant prays that this Court grant such other relief as it deems proper in the premises. 2002CW194 JERRY HANLEY, 13535 WCR 76, Eaton, CO 80615. Application for Water Rights (Surface), IN WELD COUNTY. 76 Wastewater Runoff is located in the NE ¼ NE ¼ S36, T 7N, R 67W, 6 PM, 150’ from North line and 4,224’ from West line. Source: Runoff. Appropriation: Pre-1984. Amount claimed: 250 GPM. (CONDITIONAL) Use: Irrigation of pasture and outside household use (lawn). Number of acres proposed to be irrigated: 3. Legal Description of Acreage: NE 1/4 S 36, T 7N, R67W. 6 PM. (3 pages) 2002CW195 LARRY HALL, 1 Carrie Ct., Ft. Morgan, CO 80701. SAM HOPPER II, 16649 Carrie Ct. Ft. Morgan, CO 80701. Application for Water Storage Right, IN MORGAN COUNTY, Lake Larry is located in the NW ¼ NE ¼, S26 T4N, R58W, 6PM, 332’ from North and 2,655’ from East section line aka Rolling Hills Country Estates Subdivision, Lot 1, Block 26-4-58. Source: Run off. Date of Appropriation ?, Amount 20 Acre Feet (CONDITIONAL) Use: Aesthetic and Recreational (Swimming, fishing, etc) Total capacity of reservoir in acre feet: 20. Active capacity: 17. Dead storage: 3. (Four pages) (Attachments: three pages) 2002CW196 Farmers Independent Ditch Company and Western Mutual Ditch Company, c/o Frank Eckhardt, President, 21454 WCR 33, LaSalle, CO 80645. (Kim R. Lawrence, Lind, Lawrence & Ottenhoff, LLP, 1011 11th Avenue, Greeley, CO, 80631, 970-356-9160). Application for Water Right in WELD County. 2. Name of Structure: Farmers and Western Recharge and Storage Project. 3. Legal Description of Diversion Points: 3.1 In the Southwest Quarter (SW¼) of Section Nineteen (19), Township Three (3) North, Range Sixty-six (66) West of the 6th P.M., Weld County, Colorado at the diversion works of the Farmers Independent Ditch on the east bank of the South Platte River. 3.2 In the Southeast Quarter (SE¼) of the Southwest Quarter (SW¼) of Section Eleven (11), Township Three (3) North, Range Sixty-seven (67) West of the 6th P.M., Weld County, Colorado at the diversion works of the Western Mutual (Hewes and Cook) Ditch on the east bank of the South Platte River. 4. Source of Water: The South Platte River and its tributaries. 5. Date of Initiation of Appropriation: September 12, 2002. 5.1 How Appropriation Was Initiated: By Resolution of the Board. 6. Description of Recharge: Water is diverted at the existing headgates of the Farmers Independent Ditch and Western Mutual Ditch through the ditches and is allowed to percolate into the underground aquifer for Applicant’s stated beneficial uses. The water so diverted may also be delivered either above or below the ditch to facilities proximate to the ditch for the same purposes. 6.1 Amount Claimed: 255 c.f.s., conditional. 6.2 Use: Augmentation, recharge, replacement, exchange and recreation. Applicant intends to fully utilize the water claimed 100% to extinction to the extent it is feasible to account for the same. 7. Description of Storage: 7.1. Name of Structure: Farmers Independent Reservoir m 1. 7.2. Legal Description of Location of Dam: In the E½ NW¼ and the W½ NE¼, Section 12, T3N R67W, Weld County, Colorado at a point 1320 feet south from the North section line and 2640 feet east from the West section line. 7.3. Name and capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion: See ¶3. 7.4. Amount Claimed: 1020 a.f., with the right to refill, conditional. Rate of diversion in


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cfs for filling the reservoir: 255 c.f.s., conditional. 7.5. Surface area of high water line: 150 acres. 7.6. Maximum height of dam in feet: 9.9 feet. 7.7. Length of dam in feet: 10,560 feet. 7.8.Total active capacity of reservoir in acre feet: 1020 a.f. with 0 dead storage. 7.9. Use: Augmentation, recharge, replacement, exchange and recreation. Applicant intends to fully utilize the water claimed 100% to extinction to the extent it is feasible to account for the same. 9. Name and Address of Owner of the Structures: Applicant owns the Farmers Independent Ditch. The Western Mutual Ditch Company, c/o Frank Eckhardt, President, 21454 WCR 33, LaSalle, CO 80645 owns the Western Mutual Ditch. Percy P. Odenbaugh and Carol L. Odenbaugh, 11660 WCR 36, Platteville, Colorado 80651 own the E½ NW¼ and the W½ NE¼, Section 12, T3N R67W, Weld County, Colorado.

2002CW197 Betty Lou Kaiser, Leland R. Kaiser, 14355 Meadowlark, Brighton, CO 80601, 303-659-8841, Kevin Leroy Kaiser, Michelle Renee Kaiser, 14275 Meadowlark, Brighton, CO 80601, 303-259-7311. (Wendy S. Rudnik, Esq., Madoline E. S. Wallace, Esq., Bernard, Lyons, Gaddis & Kahn, P.C., P.O. Box 978, Longmont, CO 80502-0978, 303-776-9900.) APPLICATION FOR DETERMINATION OF NONTRIBUTARY AND NOT NONTRIBUTARY UNDERGROUND WATER RIGHTS IN THE UPPER ARAPAHOE, LOWER ARAPAHOE, AND LARAMIE-FOX HILLS AQUIFERS OF BETTY LOU KAISER, LELAND R. KAISER, KEVIN KAISER, AND MICHELLE RENEE KAISER IN ADAMS COUNTY 2. Well Permits: There are three existing permitted exempt wells on the property, which meet the requirements of §37-90-137(5) and §37-92-602(1)(b), C.R.S. Well No. 1 was originally permitted by Well Permit No. 44170 on January 5, 1971, to pump 15 gpm from the Lower Arapahoe aquifer for domestic uses in the NE¼ of the NE¼, Section 20, Township 1 South, Range 66 West, 6th P.M., in Adams County. Well No. 2 is permitted by Well Permit No. 53054 on March 14, 1972, to pump 15 gpm from the Upper Arapahoe aquifer for domestic uses in the NW¼ of the NE¼, Section 20, Township 1 South, Range 66 West, 6th P.M., in Adams County. Well No. 3 was originally permitted by Well Permit No. 43231 on September 29, 1970, to pump 12 gpm from the Lower Arapahoe aquifer for domestic uses in the NE¼ of the NE¼, Section 20, Township 1 South, Range 66 West, 6th P.M., Adams County. This permit was replaced by Well Permit No. 43231-A issued on October 2, 1973, to deepen the existing well. Copies of the well permits, well logs and map and statements for well filings are attached as EXHIBIT A. Well Permit applications for the additional wells to be constructed shall be applied for at such time as the applicants or their successors, or assigns, are prepared to construct the wells pursuant to the terms of this decree and applicable Colorado law. 3. Legal Description of the Subject Property: The property is comprised of three contiguous parcels located generally in the NE¼ of Section 20, Township 1 South, Range 66 West in Adams County. Parcel 1 contains approximately 5 acres (“Lot 1”), and parcel 4 contains approximately 5 acres (Lot 4”). Parcel 3 contains approximately 10 acres (“10 Acre Parcel”). (Lot 1, Lot 4 and the 10 Acre Parcel are collectively referred to as the “Subject Property”). Pursuant to §37-90-137(4), C.R.S., the proposed wells will withdraw not nontributary groundwater from the Upper Arapahoe aquifer and nontributary ground water from the Lower Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property. The Subject Property is more particularly described in the attached EXHIBIT B and shown on map attached as EXHIBIT C. 4. Proposed Wells: a) Applicants have three existing permitted wells described in ¶2 above. Wells Nos. 1 and 2 are located on Lot 1, and Well No. 3 is located on Lot 4. Additionally, Applicants claim the right to drill and to complete such wells as may be needed or desired anywhere on the Subject Property to recover and to use all physically and legally available water from the Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills aquifers as claimed herein pursuant to §37-90-137(4), C.R.S. Without limiting the foregoing, Applicants propose to drill one well on Lot 1, one well on Lot 4, and up to two wells on the 10 Acre Parcel to recover water claimed herein pursuant to §37-90-137(4), C.R.S. However, Applicants reserve the right to drill wells on any of the lots in any of the aquifers they deem appropriate for their intended use. b) The water supply for the wells proposed to be drilled will come from all available ground water underlying approximately 20 acres of the Subject Property, subject to agreement between the Applicants. Water from the not nontributary Upper Arapahoe aquifer will not be used without first obtaining a decreed plan for augmentation. 5. Source of Water: (a) The ground water to be withdrawn under the Subject Property by Applicants from the Upper Arapahoe aquifer is not nontributary ground water as defined in §37-90-103(10.7), C.R.S. Because such water is closer than one mile from a point of contact with a natural stream and its alluvium, Applicants must replace actual depletions and continuing replacement after withdraw ceases if necessary to compensate for injurious


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stream depletions in accordance with §37-90-137(9)(c)(I), C.R.S. The ground water to be withdrawn under the Subject Property by Applicants from the Lower Arapahoe and Laramie-Fox Hills aquifers is nontributary ground water as defined in §37-90-103(10.5), C.R.S. Applicants will comply with requirements of §37-90-137(9)(c)(I), C.R.S and Denver Basin Rule 8, 2 C.C.R. 402-6, to relinquish to the surface stream system two percent of all such nontributary ground water withdrawn on an annual basis. Otherwise, said water may be fully consumed to extinction for all beneficial uses. (b) Estimated Depth: Proposed wells on the Subject Property will be completed to the bottom of each of the aquifers, which Applicants estimate to be approximately 180 feet below land surface in the Upper Arapahoe aquifer, 505 feet below land surface in the Lower Arapahoe aquifer, and 1,155 feet below surface in the Laramie Fox-Hills aquifer. The depths are approximate and are based on geologic and topographical information available from the Colorado State Engineer’s office. Actual well completion depths may vary from this estimate based on the actual conditions below the overlying land. 6. Estimated Amount and Rate of Withdrawal: The proposed wells will withdraw ground water at a rate of flow necessary to efficiently withdraw the entire decreed amount in each aquifer. The estimated average annual amounts of ground water available for withdrawal by the Applicants are based upon information contained in the Denver Basin Rules, 2 C.C.R. 402-6 and upon the saturated sand thickness calculated by the State Engineer’s computer program. Applicants estimate the following values and average annual amounts are representative of the subject aquifers at this location: a) Lot 1: Aquifer Acres of

Overlying Land

Saturated Sand Thickness (ft.)

Specific Yield (%)

Annual Average Withdrawal (acre feet)

Upper Arapahoe 4.819 25.9 0.17 0.21

Lower Arapahoe 4.819 124.7 0.17 1.02

Laramie-Fox Hills 4.819 163.8 0.15 1.18

On Lot 1, Applicants own two exempt wells pursuant to §37-92-602(1)(b), C.R.S. The first exempt well, Well Permit No. 44170, withdraws nontributary water from the Lower Arapahoe aquifer at a rate of 15 gpm for ordinary household purposes of one dwelling, for watering domestic animals and for irrigating less than one acre of home gardens and lawns. The well is located in the NW¼, NE¼ of Section 20, Township 1 South, Range 66 West, in Adams County and was permitted in the name of Leland Kaiser on January 1, 1971. The second exempt well, Well Permit No. 53054, withdraws not nontributary water from the Upper Arapahoe aquifer at a rate of 15 gpm for ordinary household purposes of one dwelling, for watering domestic animals and for irrigation of less than one acre of home gardens and lawns. The well is located in the NW¼, NE¼ of Section 20, Township 1 South, Range 66 West, in Adams County and was permitted in the name of Leland Kaiser on March 14, 1972. Because the exempt wells meet the requirements of §37-90-137(5), C.R.S., the cylinders of appropriation for these two wells equal zero. Statewide Nontributary Ground Water Rules, 2 C.C.R 402-7, Rule 8(c)(5).

b)Lot 4: Aquifer Acres of

Overlying Land


Specific Yield (%)


Upper Arapahoe 5.003 29.9 0.17 0.25

Lower Arapahoe 5.003 119.7 0.17 1.02

Laramie-Fox Hills 5.003 164.4 0.15 1.23

On Lot 4, Applicants own one exempt well pursuant to §37-92-602(1)(b), C.R.S. The well, Well Permit Nos. 43231 and 43231-A, withdraws nontributary water from the Lower Arapahoe aquifer at a rate of 12 gpm for ordinary household purposes of one dwelling, for watering domestic animals and for irrigating less than one acre of home gardens and lawns. The well is located in the NE¼, NE¼ of Section 20, Township 1 South, Range 66 West, in Adams County and was permitted in the name of Robert Butler on September 29, 1970. The well was deepened pursuant to a permit issued on October 2, 1973. Because the exempt well meets the requirements of §37-90-137(5), C.R.S., the cylinder of appropriation for this well equals zero. Statewide Nontributary Ground Water Rules, 2 C.C.R 402-7, Rule 8(c)(5).


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c) 10 Acre Parcel: Aquifer Acres of

Overlying Land


Specific Yield (%)


Upper Arapahoe 10 25.1 0.17 0.43

Lower Arapahoe 10 126.6 0.17 2.15

Laramie-Fox Hills 10 163.1 0.15 2.45

The 10 Acre Parcel contains no existing wells. 7. Well Fields: Pursuant to §37-90-137(4), C.R.S., Applicants request that this Court determine that Applicants have the right to withdraw all of the legally available ground water lying below the Subject Property through the wells requested herein and through any additional wells completed in the future located anywhere on the Subject Property as Applicants’ well fields pursuant to Statewide Nontributary Ground Water Rule 14, 2 C.C.R 402-7. Applicants will file applications with the State Engineer pursuant to §37-90-137(10), C.R.S. prior to construction of any additional wells. 8. Proposed Uses: Applicants intend to use, reuse, and successively use; and after use, lease, sell or otherwise dispose of for municipal, domestic, agricultural, commercial irrigation, stock watering, recreational, fish and wildlife, fire protection and any other beneficial use on or off the Subject Property. The water may be immediately used or stored for subsequent use, used 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 out-of-priority depletions. 9. Name and Address of Owner of the Land: Applicants own all of the Subject Property. Betty Kaiser and Leland R. Kaiser own Lot 1 and the Ten Acre Parcel. Kevin Kaiser and Michelle Renee Kaiser own Lot 4. 10. Determination Sought Herein: a) Applicants seek a determination that all of the ground water underneath the Subject Property in the Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills aquifers may be withdrawn and used subject to the terms and conditions included in a decree to be entered in this case and in any augmentation plan decreed for the Upper Arapahoe aquifer and a determination that the Applicants have a vested right to the use of said ground water. b) Applicants are the owners of the overlying land, or have the consent of the owner of the overlying land, to adjudicate all such ground water underlying said land. The average annual amount determined to be available in the decree can be withdrawn without causing material injury to the vested rights of others, provided that the terms and conditions in said decrees are complied with. c) Applicants have met the requirements or §37-92-302(2)(b), C.R.S. d) Applicants ask the Court to determine that pursuant to §37-90-137(4), C.R.S., Applicants have the right to withdraw all of the ground water in the Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills aquifers under the Subject Property through any proposed wells initially permitted in such aquifers and through any additional wells which may be permitted and completed in the future on the Subject Property. Applicants request the initial wells permitted pursuant to §37-90-137(4), C.R.S., in each aquifer along with any additional wells shall be treated as a well field. e) Applicants request that each well may withdraw water at the rate necessary to withdraw the full allowed annual amount of ground water from the Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills aquifers. f) Applicants claim the right to withdraw more than the average annual amount in each aquifer estimated in this application pursuant to Statewide Nontributary Groundwater Rule 8(a), 2 C.C.R. 402-7. g) Although Applicants have estimated the amount of water available for withdrawal from the Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills aquifers, Applicants request the right to revise those estimates upward or downward based on actual data or better data available at the time of withdrawal without the necessity of amending this application or republishing the same. Applicants request the right to invoke the retained jurisdiction of the Court provided for in §37-92-305(11), C.R.S., to adjust the amount of water available for withdrawal from each aquifer. h) Applicants seek a determination that the three existing wells on the Subject Property are exempt wells pursuant to §37-92-602(1), C.R.S., and meet the requirements of §37-90-137(5), C.R.S. i) Applicants seek a determination that as exempt wells that meet the requirements of §37-90-137(5), C.R.S, the area of cylinder of appropriation for each of the three existing wells shall equal zero pursuant to Statewide Nontributary Ground Water Rule 8(c)(5), 2 C.C.R 402-7. WHEREFORE, Applicants request this Court to enter a decree: 1. Granting the application herein and awarding final water rights from the Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills aquifers, except as to those issues which the Court will specifically retain jurisdiction; 2. Determining that Applicants have complied with §37-90-137(4), C.R.S., and water is legally available for withdrawal by Applicants through the wells proposed herein; 3. Retaining


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jurisdiction to provide for adjustment of the amount of water available for withdrawal by Applicants from such aquifers based on actual local aquifer characteristics and authorizing Applicants to invoke the Court’s retained jurisdiction at any time after such data becomes available, pursuant to Section 37-92-305(11), C.R.S.; 4. Determining that the ground water in the Lower Arapahoe and Laramie-Fox Hills aquifers under the Subject Property is nontributary ground water and that vested or conditionally decreed water rights of others will not be materially injured by withdrawal of such ground water; 5. Determining that the ground water in the Upper Arapahoe aquifer under the Subject Property is not nontributary ground water, which may only be used pursuant to a decreed plan for augmentation; 6. Determining that the three existing wells on the Subject Property are exempt wells pursuant to §37-92-602(1), C.R.S., that meet the requirements of §37-90-137(5), C.R.S and, as such, have areas of cylinders of appropriation that equal zero; 7. Determining that the allocation of all such ground water is not based on appropriations, and no findings of diligence shall be required to maintain these rights; and 8. Such other relief as the Court deems proper in this matter.

2002CW198. WILLIAM R. & KATHLEEN C. KUHNLEIN, 23731 Tesvque Road, Indian Hills, CO 80454. Application for Underground Water Right, IN JEFFERSON COUNTY. Kuhnlein Well #234169 is located in the SE ¼ NW ¼ S 7, T5S R70W 6pm, 1500 feet from north section line and 1600 feet from West section line, also knows as Indian Hills Lots 20-25 and 79-84, Block 20, Filing Unit 5. Source: Ground water, fractured granite. Appropriation: 1970. Amount claimed: 3GPM. Use: irrigation of 3000 acres of lawns and gardens and one house and domestic animals. (Two pages). 2002CW199 RICHARD C. and JANET L. CARPENTER, 2005 Charro Ave., Longmont, CO 80504. Application for Finding of Diligence and To Make Absolute, IN MORGAN COUNTY . Carpenter Bijou Creek Pump. Decreed: September 18, 1996. Case No. 94CW265. Water Division 1. Location: SE ¼ NE ¼ S28, T4N, R 58W, 6PM, 2360 feet from North 1075 East. Source: Bijou Creek. Appropriation Date: October 5, 1990. Amount: 1.24 cfs absolute and 0.76 cfs CONDITIONAL. Use: irrigation, recharge, and augmentation (All for use only on the S ½ NE ¼ Section 28) conditional. Wildlife and waterfowl habitat, recreation, fishery and storage in wildlife ponds absolute. Outline of what has been done towards completion: We purchased a larger pump and have pumped the full 2.0 cfs applied for (1.24 cfs absolute and 0.76 cfs conditional in decree). Approximately $3,000 spent for new pump, meter and associated pipe, fittings, etc. In addition a pickup frame, motor and transmission was acquired and motor rebuilt to provide pump power and a movable pump frame. Please see Attachment A for more detail. We have irrigated various parts of the 80 acres (S ½ NE ¼ Sec 28 Township 4N Range 58W 6th PM) at different times, as part of our activities to improve wildlife habitat for a wide variety of species, not only waterfowl. Areas are irrigated to grow various grain crops or cover plantings, or areas are irrigated to improve natural food and cover. This has been done by overflow of ponds, ditching, siphon tubes, direct pumping through pipes and roll-out tubing and by hauling water for trees. Please see Attachment B for more detail. We have been putting recharge water in the ground from the various ponds since we began diverting, but have not yet developed the details so we can file an augmentation plan so we can divert (pump) out of priority. We ask that the recharge and augmentation uses be continued as conditional so we can pursue them. Please see Attachment C. If claim to make absolute – water applied to beneficial use: Date: 10/5/97. Amount: Full 2.0 cfs (900 gpm) Use: wildlife and waterfowl habitat, recreation, fishery, storage in wildlife ponds. Irrigation, recharge. No augmentation use or plan filed yet. Description of place of use where water is applied to beneficial use: S ½ NE ¼ Sec 28 Township 4N Range 58W 6 PM, Morgan County. See attachment B for more detail. (Two pages) 2002CW200 Central Colorado Water Conservancy District and Ground Water Management Subdistrict of the Central Colorado Water Conservancy District, 3209 West 28th Street, Greeley, Colorado, 80631 (Kim Lawrence, Lind, Lawrence & Ottenhoff, LLP, 1011 11th Avenue, Greeley, CO, 80631) Application for Change of Water Rights in Weld County. 2. Decreed Name of Structure: W. R. Jones Ditch. 3. Previous Decrees: W. R. Jones Ditch was decreed in Case No. 320 in the District Court in and for Larimer County on April 11, 1882 with an appropriation date of September 1, 1867 for 15.52 c.f.s. from the Cache La Poudre River and has Priority No. 24. The headgate is on the South side of the Cache La Poudre River in the Northeast Quarter of the Northwest Quarter of the Southwest Quarter, Section 36, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado. A Decree was entered in Case No. 88-CW-127 changing 62 shares of


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the 200 shares issued by the W. R. Jones Ditch Company, which shares are owned by Central, and also decreeing a junior storage right to Siebring Reservoir. An application is pending in Case No. 00-CW-072 changing an additional 15 shares of the W. R. Jones Ditch Company. 4. Historic Use: Central acquired an additional 60 shares of the W. R. Jones Ditch Company. The 60 shares were historically used to irrigate 262 acres on 2 parcels shown on Figure 1 attached hereto which lands are located in Section 32, Township 6 North, Range 66 West of the 6th P.M. Weld County, Colorado. The crops grown varied from year to year and consisted of alfalfa, corn, beans, spring wheat and pasture. The historic consumptive use on the property was estimated with the modified Blaney-Criddle method over a forty-six year period. Based on 60% on-farm irrigation efficiency and 15% ditch loss the following consumptive use, in acre-feet, was found for the historic operations:

March April May June July August Sept Oct Total

0.08 4.81 37.58 80.67 125.13 116.98 53.93 5.33 424.52

The average historic consumptive use determined and claimed is 6.56 acre-feet/share, which is almost the same amount per share decreed in Case No. 88-CW-127, which was 6.5 acre feet/share. Historic returns will be maintained for all calls senior to the date of the filing of this application.5. Proposed Change: Central seeks to change the use of the 60 shares to include augmentation, replacement, exchange, and recreation by direct release or storage for later release, as well as the decreed irrigation use with the right to totally consume the consumable portion of the water, either by first use, successive use, or disposition. Applicant seeks the right to divert and store the 60 shares in the reservoirs described in ¶6. Places of Storage: A. Neeland B. Siebring Reservoir decreed in Case m 88-CW-127. Located in the Northwest Quarter of the Northwest Quarter (NW¼NW¼), the South One-Half of the Northwest Quarter (S½NW¼), the North One-half of the Southwest Quarter (N½SW¼), the Northwest Quarter of the Southeast Quarter (NW¼SE¼), and the Southwest Quarter of the Northeast Quarter (SW¼NE¼), Section Thirty-one (31), Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado. The reservoir is filled through the William R. Jones Ditch. B. 83rd Avenue Reservoir decreed in Case No. 94-CW-96. Located in the Northeast Quarter of the Southeast Quarter and the Southeast Quarter of the Northeast Quarter of Section 31, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado lying south of the Cache La Poudre River. The reservoir is filled through the William R. Jones Ditch. 7. Name and Address of Owners of Structures: Applicant and W. R. Jones Ditch Company, 3209 W. 28th Street, Greeley, Colorado 80634.

2002CW201 City of Sterling, 421 North 4th Street, Sterling, Colorado 80751 (Austin Hamre, White & Jankowski, LLP, 511 Sixteenth Street, #500, Denver, Colorado 80202). Application to Make Water Rights Absolute and for Finding of Reasonable Diligence in LOGAN COUNTY. 1. Name of structures: a. Sterling Wastewater Recharge Storage System (“SWRSS”). b. Sterling No. 30 Well (“No. 30 Well”). (The SWRSS and No. 30 Well are sometimes collectively referred to as the “Subject Water Rights.”) 2. Description of Subject Water Rights: a. Previous Decrees: i. Original Decree: March 31, 1981, Case No. W-9507-78, Water Division 1. ii. Change Decree: August 21, 1997, Case No. 95CW137, Water Division 1. b. Location: i. The No. 30 Well is located in the SE 1/4 SW 1/4, section 27, T. 8 N., R. 52 W., 6th P.M., Logan County, Colorado, at a point 880 feet north and 1,770 feet east of the southwest corner of said section 27. ii. The legal description for the SWRSS is attached as Exhibit A to this application. c. Source: South Platte River. d. Appropriation Date: December 27, 1978. e. Amount: i. No. 30 Well: 1,000 g.p.m. ii. SWRSS: 3,500 acre-feet. f. Uses: Domestic, municipal, manufacturing, fire protection, piscatorial, recreation and all other beneficial uses. 3. Absolute Water Right Claim: The No. 30 Well is one of the wells in Sterling’s municipal well system which supplies all water used by Sterling to meet its municipal water requirements. The SWRSS is adjudicated as the augmentation supply to replace depletions from the operation of the No. 30 Well and from the Overland Trail Fishing Pond (“Pond”), a recreational fishing pond owned and


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operated by Sterling. Details of water use during the diligence period are as follows: a. Water was applied to beneficial use throughout the diligence period. The dates of maximum use were the following: i. No. 30 Well: Maximum diversion and beneficial use occurred on February 2, 1997. ii. SWRSS: Maximum diversion to recharge occurred during calendar year 1999, and beneficial use occurred thereafter during the diligence period. b. Absolute amount: i. No. 30 Well: 1,000 g.p.m. (2.22 c.f.s.). ii. SWRSS: 1,434 acre-feet. c. Uses: As described in paragraph 3.f., above. d. Description of place where water was applied to beneficial use: Water from the No. 30 Well was placed to use within Sterling’s water service area. Water from the SWRSS was used for augmentation and replacement in the South Platte River and its tributaries. 4. Detailed outline of efforts toward completion of remaining conditional portion of the subject water rights and application of water to beneficial use: During the diligence period, Sterling performed all of the following acts in furtherance of beneficial use of the Subject Water Rights. a. The permit for the No. 30 Well was issued on March 7, 1996. The well was thereafter constructed, equipped and connected to Sterling’s municipal water system. b. Sterling diverted water and put it to beneficial use as described in ¶ 4. Water was first delivered for beneficial use from the well on November 4, 1996. c. Since connecting the No. 30 Well to its water system, Sterling has continued to use the well to provide a significant part of its municipal supply. d. Each year during the diligence period, Sterling has diverted water into recharge through the SWRSS. As of the date this application was filed, some of the credits resulting from this recharge have been applied to beneficial use, and other portions had not reached the river where Sterling could apply the recharge credits to use. Diversion of water into the SWRSS recharge reservoirs requires up-gradient pumping from the Sterling WWTP. e. Exercise of the SWRSS water right also requires operation and maintenance of all of the components of the SWRSS, including the Sterling WWTP, pumping facilities, pipelines, the Sterling recharge reservoirs and access roads, all of which resulted in substantial O&M costs incurred by Sterling. f. Sterling completed the adjudication of its previous diligence application for the Subject Water Rights in Case No. 96CW030, Water Division 1, including drafting a proposed decree and undertaking such other actions as were necessary to complete the adjudication of the application. The decree was entered by the Court on September 18, 1996. g. Sterling completed the adjudication of Case No. 95CW137 on August 21, 1997, which changed the point of diversion of, and amended the augmentation plan for, the No. 30 Well, each of which had been previously adjudicated in W-9507-78. The decree also established a procedure and factors for quantifying recharge from the SWRSS, for quantifying surface and underground returns and depletions from No. 30 Well and otherwise amended the augmentation plan for No. 30 Well. h. Pending the completion of Case No. 95CW137, Sterling applied for State Engineer approval of a temporary substitute supply plan for the well, which was approved on May 22, 1996. The replacement supply for the temporary plan was water from the SWRSS. i. In Case No. 97CW376, filed on December 30, 1997, Sterling adjudicated an absolute water right for the Pond and an augmentation plan to replace depletions from the Pond to the South Platte River system. The decree was entered by the Court on March 23, 2000. Under the decree, the source of augmentation water for the Pond is the SWRSS. While the application was pending, Sterling applied to the State Engineer for, and obtained approval of, a temporary substitute supply plan for the Pond, for which the replacement supply was water from the SWRSS. j. After obtaining approval of a temporary substitute supply plan for the Pond, Sterling constructed the Pond and attendant facilities for use of the Pond as a public recreation and fishing area. Construction took place during 1996. Thereafter, Sterling continued to operate and maintain the Pond as a public fishing and recreational area for Sterling-area residents. k. Sterling maintains accounting for the No. 30 Well and the SWRSS. During the diligence period, Sterling developed and refined accounting procedures for the well and SWRSS, and completed accounting forms. l. To protect its interest in the Subject Water Rights, Sterling has opposed water court applications seeking new water rights, changes of water rights and plans for augmentation and exchange. m. In December, 1998, Sterling filed a water right application in Case No. 98CW450, claiming the right to operate water rights of exchange and plans for augmentation. In December, 2000, Sterling filed an application in Case No. 00CW253, in which it claimed additional water rights of exchange and augmentation plans. Among the water rights to be augmented are the No. 30 Well (and all other wells in the Sterling municipal well system) and the Pond. In each of these applications water from the SWRSS is a source of


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augmentation and replacement for the operation of the claimed exchanges and plans for augmentation. During the diligence period, Sterling, with the assistance of its staff and consultants, appropriated the claimed water rights, prepared, filed and published the applications, developed and circulated supportive engineering, developed and circulated a proposed decree, contested motions filed by others, held discussions with ditch companies whose shares will be changed by the applications, conducted negotiations with opponents to the applications, and did all other actions necessary to advance the applications in the water court. n. Among the replacement sources for the exchanges and plans for augmentation in 98CW450 and 00CW253 are water rights in the Sterling Irrigation Company and Henderson-Smith Ditch. In 1998, Sterling acquired 55 shares in the Sterling Irrigation Company, in addition to other previously-acquired shares. In 2000, Sterling acquired the entire interest in all water rights in the Henderson-Smith Ditch and the lands on which the water rights were historically used. o. During the diligence period, Sterling has extended, improved, repaired, maintained and operated the infrastructure of its overall municipal water supply system, of which the Subject Water Rights are a part. 5. Integrated System: Sterling’s water system, including its municipal well system, distribution, delivery, collection and treatment systems, and the water rights and structures which provide augmentation and replacement supplies for the municipal well system comprise an integrated water supply system. Pursuant to C.R.S. § 37-92-301(4)(b), work on other components of Sterling’s water system may be considered evidence of diligence on the Subject Water Rights. 6. Owners of land on which structures, storage and beneficial use are or may be located: Sterling is the owner of, or has a sufficient property interest to allow the use of, the lands on which all structures for the Subject Water Rights, including storage structures, are located. Water from the Subject Water Rights is placed to beneficial use on lands owned by Sterling and on of others throughout the Sterling water service area. It is neither practicable nor required to list all such owners. 2002CW202 (95CW147) LOWER PLATTE AND BEAVER CANAL COMPANY. ()Mark J. Wagner, Hill & Robbins, P.C., 1441 18th Street, Suite 100, Denver, CO 80202. Phone: 303-296-8100 Fax: 303-296-2388 E-mail:[email protected]. APPLICATION FOR FINDING OF REASONABLE DILIGENCE, IN MORGAN AND WASHINGTON COUNTIES

1. Name, mailing address, and telephone number of Applicant: Lower Platte and Beaver Canal Company c/o G. Allyn Wind, Secretary P.O. Box 190 Hillrose, CO 80733-0190 Telephone: (970) 867-3250

2. Name of structure: Lower Platte and Beaver Canal Recharge

3. Describe conditional water right: a. Date of Original Decree: October 11, 1985; Case No. W-2969, District Court,

Water Division No. 1. b. Legal Description: The point of diversion from the South Platte River is the

headgate of the Lower Platte and Beaver Canal, which is located at a point on the south bank of the South Platte River bearing N 44˚51’ W a distance of 2136 feet from the SE corner, Section 25, T4N R57W of the 6th P.M., Morgan County Colorado

c. Source: South Platte River.

d. Appropriation Date: June 12, 1972; Amount: 322 cfs, originally decreed conditional, of which, 52 cfs has previously been made absolute.

e. Use: For recharge and augmentation purposes. The use is limited to augmentation of the wells described in Exhibit B attached to the decree in Case No. W-2969.


14

4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: During the diligence period, Applicant has incurred and expended over $43000.00 in operating, maintenance, repair, and consultant costs attributable to the operation, use, management, and protection of water rights used by the Lower Platte and Beaver system. Applicant has kept regular records of diversions and crop acreages and made all necessary reports to the Division Engineer, and has installed and maintained measuring devices required to administer the augmentation plan decreed in Case No W-2969. The Applicant has made plans to develop the remaining recharge sites described in the decree in Case No. W-2969 and to divert and beneficially use the portion of the water right decreed in Case No. W-2969 that remains conditional, as financial and hydrologic conditions permit.

5. If claim to make absolute, date water applied to beneficial use. Not applicable. Applicant is not claiming any portion of the remaining conditional water right has been made absolute in this case.

6. Name and address or owner of land on which structure is located: The Applicant owns the land or right of way on which the structure is located.

2002CW203, CONCERNING THE APPLICATION FOR WATER RIGHTS OF COLUMBINE COUNTRY CLUB, APPLICATION FOR FINDING OF REASONABLE DILIGENCE, IN ARAPAHOE COUNTY. 1. Name, address and telephone number of Applicant: Columbine Country Club, 17 Fairway Lane, Littleton, CO 80123 (303) 794-2674 (Carmen S. Hall, Esq., Petrock & Fendel, P.C., 700 Seventeenth Street, Suite 1800, Denver, CO 80202 (303) 534-0702). 2. Decree Information: Decreed in Case No. W-8740-77 on November 9, 1983. The period of diligence which is the subject of this application is from date of decree in Case No. 94CW224 being September 1996. 3. Name of structure: Dutch Creek Lake 4. Source of water: Dutch Creek 5. Date of appropriation: June 24, 1959 6. Amount: 1.5 acre-feet with right to refill (conditional). 7. Location of Well: The center of the dam is located in the golf course at Columbine Country Club at a point which is N. 10.5 degrees W., 1500 feet of the Southeast corner of Section 19, T. 5 S., R. 68 W. of the 6th P.M., Arapahoe County. 8. Uses: Recreational, landscaping, aesthetic, and irrigation. (Recreational and aesthetic use was previously made absolute). APPLICATION FOR FINDING OF REASONABLE DILIGENCE. 9. This Application for Finding of Reasonable Diligence is filed pursuant to the Water Right Determination and Administration Act of 1969, Sec. 37-92-302, C.R.S. 10. During this diligence period, in continuing the development of the conditional water rights, Applicant has been engaged in the legal defense and protection of said water rights and has been diligent in the continued use and development of the water rights involved. These activities include, but are not limited to, the following: A. In March 1999, Applicant dredged the Dutch Creek Lake, and expended $9,457.50 for said dredging. Said dredging provided the lake with additional storage space in order to allow water to be stored for irrigation use. Applicant again dredged the Dutch Creek Lake at the beginning of 2002. B. In 2001 and 2002, Applicant completed an engineering study for improved drainage and beautification of Dutch Creek Lake. The engineering provides for improvements to alleviate the build up of silt in the lake and reduces storage capacity. Said improvements are planned for completion this year. C. Applicant has continued to store water in the Dutch Creek Lake for previously decreed absolute uses. D. Each month during the diligence period, legal counsel for Applicant has reviewed the resume of applications as published by the Water Clerk for Water Division 1 and advised Applicant whether Statements of Opposition need to be filed to protect the water rights. WHEREFORE, Applicant prays that this Court enter a decree finding that Applicant has exercised reasonable diligence in the development of its conditional water rights, and for such other and further relief as this Court deems just and proper in the premises. 2002CW204 CONCERNING THE APPLICATION FOR NONTRIBUTARY UNDERGROUND WATER RIGHTS OF FREEDOM FARMS, LLC. IN ELBERT COUNTY. Freedom Farms, LLC, c/o Patricia L. Propp, 5680 S. Big Canyon Dr., Greenwood Village, CO 80111, (303) 771-7877. (Anne J. Castle, Esq. and Leah A. Kukowski, Esq., Holland


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& Hart, LLP, 555 Seventeenth Street, Suite 3200, P.O. Box 8749, Denver, CO 80201-8749 Phone: (303) 295-8000 Fax: (303) 295-8261). Applicant, Freedom Farms, LLC, a Colorado Limited Liability Company, (“Applicant”) requests a determination of its rights to the nontributary underground water contained in the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers underlying its property in Elbert County, pursuant to Colo. Rev. Stat. § 37-90-137 (4) (2000). 2. Claim to Ground Water in the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills Aquifers: Applicant is the owner of two contiguous parcels, together comprising approximately 40 acres of land in Elbert County, more specifically described in paragraph 7 below (the “Property”), and through this application claims all of the ground water in the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Property. 3. Wells and Well Permits: Applicant will apply for well permits prior to construction of any wells. Applicant will locate a sufficient number of wells on the Property to withdraw all ground water in the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers underlying the Property. The wells may be constructed at any location on the Property subject to C.R.S. § 37-90-137 (4). Applicant may establish a well field for the production of the ground water that is the subject of this application and shall be entitled to well permits for additional wells pursuant to Colo. Rev. Stat. § 37-90-137(10). 4. Total Amount of Water Claimed: Applicant seeks a decree confirming its right to all unappropriated water underlying the Property in the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers. The estimated average annual amounts of withdrawal from the subject aquifers indicated below, are based upon the Denver Basin Rules, 2 C.C.R. § 402-6. For purposes of this application, Applicant estimates that the following annual amounts are representative of the Lower Dawson, Denver, Arapahoe, and Laramie Fox-Hills aquifers underlying the Property: Lower Dawson Aquifer: 6 acre-feet

20% specified yield 75 feet average saturated thickness.

Denver Aquifer: 13.6 acre-feet 17% specified yield 200 feet average saturated thickness.

Arapahoe Aquifer: 17 acre-feet 17% specific yield 250 feet average saturated thickness.

Laramie-Fox Hills Aquifer: 12 acre-feet 15% specific yield 200 feet average saturated thickness.

Applicant requests that the annual amounts of withdrawal be adjusted to conform to actual local aquifer characteristics when adequate information is obtained from well drilling or test holes. Applicant claims all nontributary ground water underlying the Property and requests the right to revise the estimated amounts of water available from the subject aquifers upward or downward, based on better or updated data, without the necessity of amending this application or republishing same. Applicant requests confirmation of the ability to withdraw the ground water in the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers from the wells to be constructed in the future in excess of the average annual amount decreed, so long as the sum of the total withdrawals from the aquifer does not exceed the product of the total number of years since the date of issuance of the well permit or the date of this Court’s decree, whichever occurs first, and the amount of average annual withdrawal. Applicant will supplement this application with evidence that the State Engineer has issued or failed to issue, within four months of the filing of the application with this Court, a determination as to the facts of this application. 5. Character of Ground Water: Applicant asserts that the annual withdrawal of the amounts of Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers ground water specified above, subject to the terms and conditions proposed herein, will not result in material injury to the vested water rights of others and will not, within 100 years, deplete the flow of the natural stream at an annual rate greater than one-tenth of one percent of the annual rate of withdrawal and the ground water is nontributary as defined in Colo. Rev. Stat. § 37-90-103(10.5). In order to assure that no vested water rights are materially affected by withdrawals of this nontributary ground water, no more than ninety-eight percent of the water withdrawn annually from any of the future wells shall be


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consumed. 6. Proposed Use of Water: The water withdrawn from the proposed wells will be used in a central water supply system or otherwise for all beneficial uses both on and off the Property including, without limitation, domestic, irrigation, commercial, industrial, fire protection, recreation, livestock watering, dust control, fish and wildlife, and augmentation. Applicant claims the right to recapture, the right of reuse and successive use and, after use, the right to lease, sell, or otherwise dispose of said water. The right of successive use shall include the use and claiming of credit for any return flows generated, subject only to the provisions of Colo. Rev. Stat. § 37-82-106, and to Applicant’s obligation to consume no more than ninety-eight percent of the nontributary water withdrawn annually from the wells described herein, pursuant to Rule 8 of the Denver Basin Rules. Said water will be produced for immediate application to beneficial use, both on and off the Property, for storage and subsequent application to beneficial use, for exchange purposes, for replacement of depletions, for relinquishment pursuant to Colo. Rev. Stat. § 37-90-137 (9)(b), and for any other augmentation purpose. 7. Description of the Land Overlying the Subject Nontributary Ground Water: Applicant owns two contiguous parcels, together comprising approximately 40 acres of land overlying the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers, located in Section 34, Township 7 South, Range 65 West, 6th Prime Meridian, more particularly described as follows and shown in Exhibit A: A. Lot 3 located in the Fleming Subdivision, recorded in Elbert County, Colorado, Reception No. 391093, plat book 11, page 72, on April 27, 2000. B. Lot 3 located in the Robinson Subdivision, recorded in Elbert County, Colorado, Reception No. 366602, plat book 11, page 28, on June 8, 1998. 8. Name and Address of Owner of Land: Freedom Farms, LLC, c/o Patricia L. Propp, 5680 S. Big Canyon Dr., Greenwood Village, CO 80111. WHEREFORE, Applicant requests that this Court enter a judgment and decree: A. Granting the application and awarding the nontributary underground water rights claimed; B. Specifically determining as a matter of hydrological and geological fact that unappropriated ground water from the Lower Dawson, Denver, Arapahoe, and Laramie-Fox-Hills aquifers in the estimated amounts specified in paragraph 4 is available for withdrawal by Applicant; that the vested water rights of others will not be materially injured by such withdrawals; and that such withdrawals will not, within 100 years, deplete the flow of a natural stream at an annual rate greater than one-tenth of one percent of the annual rate of withdrawal. C. Specifically determining that Applicant’s full average annual entitlement from the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers may be produced through any combination of wells constructed into those aquifers, and that such wells shall be treated as a well field and operated in order to produce the full allocation of water from each aquifer. D. Specifically determining that Applicant may drill the subject wells at any point within the boundaries of the Property. E. Specifically determining that the decreed determination of rights to nontributary ground water is a determination of the right to use such water for existing and future uses and that this determination is not subject to the reasonable diligence requirements of Colo. Rev. Stat. § 37-92-301 (4). F. Specifically determining that Applicant has the right successively to use and reuse to extinction the ground water which is the subject of this application, including the use in claiming of credit for return flows generated, subject only to the provisions of Colo. Rev. Stat. § 37-82-106 and to Applicant’s obligation to consume no more than ninety-eight percent of the ground water withdrawn annually from the from the Lower Dawson, Denver, Arapahoe, and Laramie Fox-Hills aquifers. G. Specifically determining that the return flows resulting from the use of the nontributary water that is the subject of this application can be used to replace out of priority depletions under a plan for augmentation. H. Directing that Applicant can withdraw the ground water that is the subject of this application from the wells to be constructed in the future in excess of the average annual amount decreed, so long as the sum of the total withdrawals from the aquifer does not exceed the product of the total number of years since the date of issuance of the well permit or the date of this Court’s decree, whichever occurs first, and the amount of average annual withdrawal. I. Specifically determining that Applicant has given adequate notice that the amounts decreed herein are subject to increase or decrease pursuant to this Court’s retained jurisdiction. J. Directing the State Engineer to issue well permits in conformance with the provisions in this decree for the wells necessary to withdraw the ground water decreed herein and any additional wells required by Applicant to produce its full annual entitlement from the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers. K. Specifically determining that the right to use the ground water


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determined by this Court to be available for withdrawal shall be deemed to be a vested property right. L. Directing that the Water Court shall retain jurisdiction as to determination of ground water from the subject wells as is necessary to provide for the adjustment of the average annual amount of withdrawal allowed to conform to actual local aquifer characteristics from adequate information obtained from well drilling or test holes, pursuant to Colo. Rev. Stat. § 37-92-305 (11).

2002CW205 LAFARGE WEST, INC., Attn.: Mary Harnett, 1800 N. Taft Hill Road, P.O. Box 2187, Fort Collins, CO 80521, (303) 407-36000 (c/o David A. Bailey, Massey Semenoff Schwarz & Bailey, P.C., 1600 Stout Street, Suite 1700, Denver, CO 80202, (303) 893-1827). Application for Change of Water Rights and Approval of Plan for Augmentation IN LARIMER COUNTY. Name of water right to be changed: Applicant’s 3.5 shares of The Box Elder Ditch Company, the point of diversion of which is located on the Cache La Poudre River in the SE¼ of the NE¼, Section 20, T. 7 N., R. 68 W., 6th P.M., approximately 2300 feet south of the North Section Line of said Section 20 and 600 feet west of the East Section Line of said Section 20. The Box Elder Ditch was decreed for irrigation in Civil Action No. 320 on April 11, 1882 with appropriation dates of March 1, 1866 for 32.50 cfs, May 25, 1867 for 8.33 cfs, and July 1, 1868 for 11.93 cfs from the Cache La Poudre River. The capacity of the ditch is approximately 53 cfs, and there are 64 total shares in the Ditch Company. Historic use: (A) Lafarge owns 1.0 of the 3.5 Box Elder Ditch shares that were historically used to irrigate 145 acres on the Robert Weitzel Farm. The share was obtained by Lafarge on November 13, 1987 and is listed on Certificate No. 291. The Robert Weitzel Farm was located in the NW¼ of Section 3 Township 6 North, Range 68 West, 6th P.M. in Larimer County, Colorado. (B) Lafarge owns 2.0 of the 5.0 Box Elder Ditch shares that historically irrigated the Louis Swift Farm. Lafarge purchased the 2.0 shares from Mr. Swift on July 10, 1992. These shares are listed on Certificate No. 315. The Swift Farm was located in the NE ¼ of Section 10 Township 6 North, Range 68 West, 6th P.M. in Larimer County, Colorado. (C) Lafarge owns 5.5 of the 6.0 shares historically utilized for irrigation of the Three Bells Property, which is approximately 344.3 acres of farmland historically used for pasture grass and corn. The augmentation plan described herein will use 0.5 shares from the Three Bells Property. The share was obtained by Lafarge on September 24, 1987 and is listed on Certificate No. 287. Description of proposed changes: Applicant seeks to change the type of use to augmentation, replacement of evaporative losses and delayed return flows, recharge, piscatorial, fishing, wildlife, aesthetic and recreation. Applicant seeks to change the place of use to the Weitzel Pit, which is located in the NW¼, Section 3, Township 6 North, Range 68 West, 6th P.M. in Larimer County, Colorado. Water will be diverted into the Weitzel Pit from a structure located on the Arthur Lateral located approximately at the NW Corner of Section 3. Applicant seeks to change the manner of use from direct flow to direct flow and diversion into an unlined lake for augmentation by recharge as more particularly described below. The amount of water to which Applicant is entitled to change is 170.4 acre-feet. Applicant’s use of the changed water right shall be pursuant to the augmentation plan described herein. Statement of Plan for Augmentation: (A) Introduction: Sand and gravel mining from the Weitzel Pit has resulted in three tributary groundwater lakes from which evaporative losses result in depletions to the stream system. Applicant will use a recharge program to replace long-term evaporative depletions from these lakes. A recharge program uses a direct ditch water right to create winter augmentation water in each month of the year. Applicant’s Box Elder shares will be diverted into the recharge lake (the Weitzel Pit) from April through October during the irrigation season. This ditch water is allowed to infiltrate into the groundwater table. The “recharged” ditch water is lagged in such a way that it arrives at the river months after the ditch water was initially recharged into the lake. This lagged effect allows summer ditch water to become augmentation credit throughout the year. (B) Name of Structure to be Augmented: The Weitzel Pit, which is located in the NW¼, Section 3, Township 6 North, Range 68 West, 6th P.M. in Larimer County, Colorado. There are no other water rights diverted to or from this structure. (C) Water Rights to be Used for Augmentation: Applicant’s 3.5 shares of the Box Elder Ditch described above as changed pursuant to this application. (D) Description of Plan for Augmentation: The Weitzel Pit is approximately one mile from the Poudre River. Applicant’s 3.5 shares of The Box Elder Ditch will be diverted from the Poudre River and routed down the Arthur Lateral to the Weitzel Pit. The Arthur Lateral is part of The Box Elder Ditch Company system and passes on the west side of the Weitzel Pit. The Arthur Lateral will deliver the 3.5 Box Elder shares consistently to the site. An existing diversion structure will be reconstructed for diversion from the Arthur Lateral and into a culvert for delivery of the 3.5 shares into the Weitzel Pit. The existing diversion structure was historically used to irrigate the property. The Weitzel Pit has an


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augmentation requirement of 135.1 acre-feet. A recharge model was used to determine the timing of the lagged consumptive used credit from the 3.5 Box Elder Ditch shares as it reached the Poudre River. If 3.5 Box Elder shares are recharged into the pit, then all replacements for the long-term augmentation requirement for the Weitzel Pit are made by recharge. The 3.5 shares provide 170.4 acre-feet of consumptive use credit. The excess consumptive use credit is 35.3 acre-feet and will be used for augmentation requirements at other Lafarge sites during mining in this reach of the Poudre River. The return flow obligations from these Box Elder shares will be maintained in volume and timing. The Robert Weitzel Farm was the location of historic use of one of the Box Elder shares used in this augmentation plan. The return flows from this share will be maintained in volume, timing and location of return, since the location of the Weitzel Pit is within the 145 acre of land historically irrigated with this share. The 2.0 shares from the Swift Farm and the 0.5 share from the Three Bells Property were historically used at locations that are different distances from the Poudre River. However, the timing of the historic return flows from these properties will be maintained by this recharge plan. Name and address of owner of land owner of the land upon which any structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: H.W. Rogers & Associates, P.O. Box 759, Fort Collins, CO 80522. WHEREFORE, Applicant prays for a decree authorizing the change of water rights and approving the plan for augmentation described herein, together with such other and further relief as is appropriate. 2002CW 206 CONCERNING THE APPLICATION FOR WATER RIGHTS OF WESTERN WATER COMPANY, APPLICATION FOR FINDING OF REASONABLE DILIGENCE, IN DOUGLAS COUNTY. 1. Name, address, telephone number of applicant: Western Water Company, 102 Washington Avenue, Point Richmond, California 94801, Attention: Michael P. George, President, Telephone: 510-234-7400. (Robert V. Trout, Trout, Witwer & Freeman, P.C., 1120 Lincoln Street, Suite 1600, Denver, Colorado 80203). 2. Names of structures: Vessel QAL-3 Well, Franktown QAL-3 Well and Parker QAL-2 Well. 3. Description of conditional water rights from original decree: A. Original Decree: Case No. 84CW680, Water Division No. 1, decree entered on April 28, 1989. B. Locations: Vessel QAL-3 Well: In the SE1/4 of the NW1/4, Section 3, Township

7 South, Range 66 West of the 6th P.M., Douglas County, Colorado, at a point approximately 1,450 feet from the North Section line and 1,330 feet from the West Section line of said Section 3. Franktown QAL-3 Well: In the NE1/4 of the NW1/4 of Section 27, Township 7 South, Range 66 West of the 6th P.M., Douglas County, Colorado, at a point approximately 1,260 feet from the North Section line and 1,800 feet from the West Section line of said Section 27. Parker QAL-2 Well: In the SE1/4 of the SW1/4 of Section 27, Township 6 South, Range 66 West of the 6th P.M., Douglas County, Colorado, at a point approximately 1,000 feet from the South Section line and 2,240 feet from the West Section line of said Section 27.

C. Source: Cherry Creek Alluvium, for all structures. D. Appropriation Date: April 19, 1984, for all structures. Amounts: 1,500 gallons per minute with an allowed annual amount of withdrawal of 720

acre feet, for each structure. E. Uses: All municipal purposes, including domestic, irrigation, stock watering, industrial,

commercial, recreation, piscatorial, augmentation, wildlife and fire protection purposes, for all structures.

F. Depths: Approximately 70 feet, for all structures. 4. Detailed outline of what has been done toward completion or for completion of the appropriations and application of water to beneficial use as conditionally decreed, including expenditures: A. Applicant is a private water company engaged in the business of selling water to third parties for beneficial use. B. In December 1992, Applicant acquired ownership of the Vessel QAL-3 Well, Franktown QAL-3 Well and Parker QAL-2 Well by purchase from Bank One, Denver, NA. Bank One, Denver, NA acquired ownership of the wells through foreclosure of a deed of trust on the wells and a subsequent bank merger. C. At the end of the last diligence period and the beginning of the present diligence period, Applicant


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constructed Vessel QAL-3 Well at an approximate cost of $36,000, including engineering. D. The subject wells are part of a project being developed by Applicant, called the Cherry Creek Project, to provide water to water users in the Cherry Creek Basin and elsewhere. The project consists of 13 tributary wells, nontributary ground water and associated rights to water and water rights. E. Before and during the diligence period, Applicant has been developing the Cherry Creek Project through various activities. Among other things, Applicant has engaged in negotiations with numerous potential water purchasers, planned and designed facilities to provide water, acquired land, engaged in permitting of necessary facilities and constructed some facilities, all for the Cherry Creek Project. Applicant has employed a full time manager in Colorado for this work. Applicant has signed letters of intent with several entities to provide water for their needs from the Cherry Creek Project, and is in the process of fulfilling the requirements of those letters of intent. F. As part of the work on the Cherry Creek Project, Applicant has adjudicated additional places of use for the subject wells on lands owned by Applicant in Case No. 95CW280, Water Division No. 1, and has adjudicated an augmentation plan to allow the subject wells to operate when they would otherwise be out of priority in Case No. 95CW279. G. A portion of the land necessary for the Cherry Creek Project, including the well-head for the Vessel QAL-3 Well, is the subject of a condemnation action filed by the Parker Water and Sanitation District. Applicant has resisted the condemnation action for the purpose, among others, of preserving its ability to use the Vessel QAL-3 Well and other facilities of the Cherry Creek Project. H. Applicant has spent in excess of $750,000 on the above described activities to develop the subject wells during the diligence period. 5. Names and addresses of owners of land on which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use. A. MDC Land Corp. (as to Franktown QAL-3 Well) 3600 S. Yosemite St., Suite 200 Denver, Colorado 80237 B. Town of Parker (as to Parker QAL-2 Well) 20120 E. Main Street Parker, Colorado 80138 C. Parker Water and Sanitation District (as to Vessel QAL-3 Well) 19801 East Main Street Parker, Colorado 80138 D. Anton I. Johnson and Sherry E. Johnson (as to Vessel QAL-3 Well) 9492 E. Pikes Peak Way Parker, Colorado 80138 2002CW207 EPIC DEVELOPMENT, LLC, 9227 E. Lincoln Avenue, Suite 200, Littleton, Colorado 80124. (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 RIGHT. IN JEFFERSON COUNTY. APPLICATION FOR UNDERGROUND WATER RIGHTS: 1. Names of Wells and Permit, Registration or Denial Numbers: Evergreen Estates Well Nos. 1-5. 2. Legal Description of the Wells: Pursuant to Policy Memo No. 99-1 of the State Engineer, Epic Development, LLC ("Epic"), is claiming conditional underground water rights for up to five new wells within a subdivision to be located within the North 30 acres of the NW 1/4 of Section 22, Township 5 South, Range 71 West, 6th P.M., Jefferson County, Colorado. 3.A. Source of Water: Ground water which is tributary to Lans Gulch and Cub Creek. 3.B. Depth of Wells: 600 feet, approximate. 4.A. Date of Appropriation: September 30, 2002. 4.B. How Appropriation was Initiated: Field survey of the proposed subdivision and the filing of this Application. 4.C. Date Water Applied to Beneficial Use: N/A. 5. Amount Claimed: 15 gallons per minute, Conditional. 6. Uses: Ordinary household purposes inside a single family dwelling, the irrigation of lawns and gardens and fire protection purposes. 7. Name and Address of Owner of Land and on which the Wells will be Located: Epic, as described above. APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT: 1. Names of Structures to be Augmented: The wells described above. 2. Water Rights to be Used for Augmentation Purposes. Epic anticipates contracting for the purchase of one of two alternate sources of augmentation water. Both sources have previously been used in plans for augmentation in the Bear Creek drainage basin. The first source is water owned by Coring Corporation. The water consists of a portion of the direct flow right decreed to the Hodgson Ditch. The Hodgson Ditch has a priority date of June 1, 1861 and was decreed in the original adjudication for former


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Water District No. 9 by the Arapahoe County District Court in Civil Action No. 6832, on February 4, 1884. The Hodgson Ditch historically diverted water from Bear Creek at a point in the SE 1/4 of the NW 1/4 of the NW 1/4 of Section 34, Township 4 South, Range 69 West, 6th P.M. In Case No. W-8324-76, the historic consumptive use associated with 0.165 of a cubic foot per second of the Hodgson Ditch priority was quantified to be 11.76 acre feet per year and was approved for augmentation use. Pursuant to the Decree in W-8324-76, Coring Corporation's Hodgson Ditch water can be stored in the Cold Springs Reservoir which is located on Cold Spring Gulch in the SW 1/4 SW 1/4, Section 14, Township 4 South, Range 71 West, 6th P.M., Jefferson County, Colorado. The Cold Springs Reservoir is more particularly described in the Decrees entered in Case Nos. W-1246, W-8324-76, W-8325-76 and 89CW102. The terms and conditions under which the Coring Corporation water rights are used for augmentation purposes were defined and approved in Case No. 2000CW148. The second augmentation source is water owned by the Mountain Mutual Reservoir Company ("MMRC"). The water consists of a portion of the direct flow rights decreed to the Warrior Ditch and the Harriman Ditch, and the release of water stored in the Soda Lakes Reservoirs. The Warrior Ditch has priority dates of December 1, 1861, April 16, 1862, October 31, 1864 and April 1, 1865. The Harriman Ditch has priority dates of April 15, 1868, March 16, 1869, May 1, 1871 and March 1, 1882. Both the Warrior Ditch and the Harriman Ditch were decreed in the original adjudication for former Water District No. 9. Both the Warrior Ditch and the Harriman Ditch divert water from Bear Creek at a common headgate which 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 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. 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 irrigation of lawns and gardens. The date of appropriation awarded the structures was February 11, 1893. The firm yield of MMRC's portfolio of water rights and storage facilities has been determined to be 62.8 acre feet per year. Of this amount, 39.0 acre feet is available for Bear Creek plans for augmentation. The terms and conditions under which the MMRC water rights are used for augmentation purposes were defined and approved in Case Nos. 94CW168, 95CW196, 95CW281, 95CW291, 96CW103, 96CW1046, 97CW091, 97CW280, 97CW281, 97CW282, 97CW336, 97CW337, 97CW338, 97CW372, 98CW240, 98CW241, 98CW310 and 98CW311. 3. Statement of Plan for Augmentation, Covering all Applicable Matters under Sections 37-92-103(9), 302(1)(2) and 305(8), 10 C.R.S., (2002): a. Epic proposes to subdivide a tract of land consisting of approximately 60 acres into five residential lots, each consisting of between 10 and 15 acres. The property can be described as the North 30 acres of the NW 1/4 of Section 22, Township 5 South, Range 71 West, 6th P.M., Jefferson County, Colorado. The water supply for the lots will be obtained from the wells described above. b. Wastewater from all in-building uses of water will be treated utilizing non-evaporative septic systems with soil absorption leach fields. Return flows will be to Lans Gulch and 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. The augmentation plan will also cover the water requirements for the irrigation of approximately 500 square feet of lawn grass, or equivalent gardens, per lot. Gross irrigation requirements for lawn grass are anticipated to be no more than 1.25 acre feet of water per irrigated acre. Gross irrigation requirements for gardens are anticipated to be no more than 0.5 of an acre foot of water per irrigated acre. The total volume of water required for the five lots is projected to be approximately 1.64 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. Consumption of gardens is 0.4 of an acre foot per acre. Maximum stream depletions are not anticipated to exceed 0.21 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. Replacement water will be provided under one of the following alternative methods: i. If Coring Corporation augmentation water is used and there is a live stream between the points of depletion and the confluence of Cold Spring Gulch and Bear Creek, direct flow water decreed to the Hodgson Ditch, as decreed in Case No. W-8324-76, may be left in the stream system to replace depletions then occurring. During the non irrigation season and other times when the Hodgson Ditch is not in priority,


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water previously stored under the Hodgson Ditch priority will be released from the Cold Springs Reservoir. ii. If MMRC augmentation water is used and there is a live stream between the points of depletion and the headgate of the Harriman Ditch on Bear Creek, direct flow water decreed to the Warrior Ditch and the Harriman Ditch which is available to MMRC may be left in the stream system to replace depletions then occurring. During the non irrigation season and other times when neither the Harriman Ditch nor the Warrior Ditch are in priority, water will be released from the Soda Lakes Reservoirs. iii. To the extent that a senior water right is commanding the entire flow of the stream system and the above referenced exchanges cannot operate, augmentation water available to Epic will be released from an on site storage container or such water will be physically transported and released to the stream system above the point of diversion of the senior water right. f. Since the points of depletion associated with water use within the proposed subdivision are upstream of the point where augmentation water will be released to Bear Creek, Epic requests the adjudication of an appropriative right of substitute supply and exchange pursuant to Sections 37-80-120 and 37-92-302(1)(a), 10 C.R.S., (2002). The reach of the exchange shall extend from the confluence of Bear Creek and Turkey Creek at Bear Creek Lake in the NW 1/4 of 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 in the SW 1/4 NE 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 Lans Gulch located in the NW 1/4 SW 1/4 of Section 15, Township 5 South, Range 71 West, 6th P.M.; and thence up Lans Gulch to the point where depletions from the subject wells impact the stream system in the N 1/2 NW 1/4 of Section 22, Township 5 South, Range 71 West, 6th P.M. The exchange will operate to replace depletions to the flow of water in Bear Creek and its tributaries as the depletions occur and to store water in an on site storage container. The exchange will be administered with a priority date of September 30, 2002, at a maximum flow rate of 0.1 of a cubic foot per second. 4. Names and Addresses of Owners of Land on which Structures are or will be Located: a. Cold Springs Reservoir, Manford H. Georg, 575 Spring Ranch Drive, Golden, Colorado 80404 b. Harriman Ditch and Warrior Ditch: Harriman Ditch Company, c/o Jerry Foster, 1600 West 12th Avenue, Denver, Colorado 80204-3412. c. Soda Lakes Reservoir Nos. 1 and 2: Soda Lakes Reservoir and Mineral Water Company, c/o Jerry Foster, 1600 West 12th Avenue, Denver, Colorado 80204-3412. d. Property Described in Paragraph No. 1: Epic, as described above. WHEREFORE, Epic requests 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. Epic also requests 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. Epic further requests the entry of an Order directing the State Engineer to issue permits for the construction and use of the subject wells. (7 pages). Case No. 2002CW208, CONCERNING THE APPLICATION FOR WATER RIGHTS OF PATRICK AND BARBIE HENRY, MICHAEL AND DAWN HITCHCOCK, JOHN AND SUZANNE CURRAN, KEVIN AND TERRI FREYMEYER, RUSS AND MARCIA WENTWORTH, HARLEY AND JEANNE JERGENSEN, RONDI STRATTON AND DANIEL KANE, JEFFERY AND AVERY WILSON, CURT AND NORMA BROUGH, AND WILLIAM AND KAYLAS SCHNEWEIS, APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY AND NONTRIBUTARY SOURCES AND APPROVAL OF PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY DENVER AND DAWSON AQUIFERS, IN EL PASO COUNTY. 1. Names, Addresses, and telephone numbers of Applicants:Patrick and Barbie Henry, 110 Saddlehorn Trail, Monument, Colorado 80132 (719) 481-9461; Michael and Dawn Hitchcock, 150 Saddlehorn Trail, Monument, CO 80132 (719) 481-2714; John and Suzanne Curran, 19010 Deerfield Road, Monument, CO 80132 (719) 481-0755; Kevin and Terri Freymeyer, 165 Pinewood Loop, Monument, CO 80132 (719) 481-9158; Russ and Marcia Wentworth, 8220 Martingale Road, Monument, CO 80132(719) 481-8418; Harley and Jeanne Jergensen, 155 Pontiac Loop, Monument, CO 80132 (719) 481-3857; Rondi Stratton and Daniel Kane, 18585 Arrowhead Dr., Monument, CO 80132 (719) 481-8404; Jeffery and Avery Wilson, 425 Stirrup Trail, Monument, CO 80132 (719) 488-3993; Curt and Norma Brough, 18565 Arrowhead Dr., Monument, Colorado 80132 (719) 488-0344; William and Kaylas Schneweis, 40 Pinewood Loop, Monument, CO 80132 (Carmen S. Hall, Esq., Petrock & Fendel, P.C., 700 17th Street, #1800, Denver, Colorado 80202 (303) 534-0702). 2. Well Permits: Well permits will be applied for when Applicants are prepared to drill the wells. 3. Legal Description of


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Wells and Subject Property: The wells which will withdraw groundwater from the subject not nontributary and nontributary aquifers will be located on 9 residential lots which are approximately 2.5 acres each for a total acreage of 25 acres of land, being Tracts 8, 9, and 26, Filing 3; Tracts 15 and 42, Filing 2; and Lots 24, 32, 52, 53, and 54, Arrowwood Subdivision III, which lots are generally located in part of the S1/2 of Section 7, and the N1/2 of Section 18, T11S, R66W of the 6th P.M, as shown on Attachment A hereto (Subject Property). Applicants are the owners of the water underlying each of their respective lots. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Dawson and Denver aquifers underlying the Subject Property is not nontributary as described in 37-90-103(10.7) and 37-90-137(9)(c), C.R.S. The ground water to be withdrawn from the Arapahoe and Laramie-Fox Hills aquifer underlying the Subject Property 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. Applicants will withdraw the subject groundwater through wells to be located at any location on the Subject Property, including existing wells in the Dawson aquifer which are located on each of the lots and which will be repermitted to operate under the augmentation plan requested below. Applicants waive the 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 upon the Denver Basin Rules, 2 C.C.R. 402-6. Applicants estimate the following annual amounts are representative of the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property: Saturated Estimated Aquifer Thickness Annual Amount Dawson 400 feet 18 acre-feet Denver 481 feet 18 acre-feet Arapahoe 283 feet 11 acre-feet Laramie-Fox Hills 196 feet 7 acre-feet The average annual amounts available for withdrawal from the subject aquifers will depend on the hydrogeology and the legal entitlement of the Applicants and represents a claim to all nontributary and not nontributary groundwater underlying the Subject Property. 6. Well Fields: Applicants request that this Court determine that Applicants have 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 Applicants' well fields. As additional wells are constructed, applications will be filed in accordance with 37-90-137(10), C.R.S. 7. Proposed Use: Applicants will use all water withdrawn from the subject aquifers in a water system to be used, reused, successively used, and after use leased, sold, or otherwise disposed of for the following beneficial purposes: municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational, fish and wildlife, fire protection, and any other beneficial purpose. 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. Water and structures to be augmented: Approximately 10 acre-feet per year of Dawson aquifer water requested herein. 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: The subject Dawson aquifer groundwater may be used for inhouse, irrigation, and stockwatering purposes through the existing wells located on each lot at a rate of flow of 15 gpm to provide water for each lot. Applicants estimate that each of the four lots will require approximately 1 acre-foot annually for inhouse use (0.3 acre-feet), irrigation (0.65 acre-feet limited to 11,500 square-feet of home lawn and garden), and stockwatering of up to 4 large domestic animals (0.05 acre-feet). Applicants reserve the right to revise these values without the need of revising or republishing this application. The lots will utilize a non-evaporative septic system. Consumptive use associated with inhouse 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 use will be 100% consumed. During pumping Applicants will replace actual depletions to the affected stream system pursuant to 37-90-137(9)(c), C.R.S. Because depletions may occur in both Water Divisions 1 and 2, this application is being filed in both divisions. Return flows from the development through


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nonevaporative septic systems and irrigation use accrue to the Monument Creek stream system and those return flows are sufficient to replace actual depletions to that system while those wells are being pumped. 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, Applicants, 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. Depletions which may occur to the South Platte River stream system may not be replaced by return flows from use of the water, if that is the case, said depletions will be replaced by direct discharges from the nontributary groundwater decreed herein, or from direct discharges or return flows from other legally available sources. Applicants may also request that the total amount of depletion to both stream systems be returned to one system and for a finding that those replacements are sufficient. After pumping ceases, Applicants will demonstrate that any depletions which may occur to the stream systems are non-injurious and need not be replaced. However, if the Court finds that such depletions need to be replaced, Applicants will reserve an adequate amount of nontributary groundwater underlying the Subject Property for replacement of post-pumping depletions. 10. Remarks: A. Applicants claim 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 Applicants have estimated the amounts of water available for withdrawal from the subject aquifers based on estimates of relative values for specific yield and saturated thickness, Applicants request 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. Applicants will withdraw part of the not nontributary Dawson aquifer water requested herein under the plan of augmentation requested herein pursuant to 37-90-137(9)(c), C.R.S. WHEREFORE, Applicants pray that this Court enter a Decree: 11. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 12. Specifically determining that: A. Applicants have complied with 37-90-137(4), C.R.S., and water is legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near Applicants' property, pursuant to 37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; B. The groundwater in the Dawson and Denver aquifers is not nontributary and groundwater in the Arapahoe and Laramie-Fox Hills aquifers is nontributary groundwater; C. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater and the plan for augmentation proposed herein; D. The post-pumping depletions caused by pumping of the not nontributary Dawson aquifer wells is noninjurious. FURTHER, Applicants pray that this Court grant such other relief as seems proper in the premises. Case No. 2002CW209, CONCERNING THE APPLICATION FOR WATER RIGHTS OFROBERT JOEL WINTERSTEEN, BONITA J. WINTERSTEEN, ROBERT JOSEPH WINTERSTEEN, SUSAN B. WINTERSTEEN, JEFFREY JOEL WINTERSTEEN, AND LORAN D. WINTERSTEEN., APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY AND 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. 1. Name, address, and telephone number of Applicants:Robert Joel Wintersteen, Bonita J. Wintersteen, Robert Joseph Wintersteen, Susan B. Wintersteen, Jeffrey Joel Wintersteen, Loran D. Wintersteen, D/B/A Ponderosa Springs,25747 County Road 17, Elizabeth, Colorado 80107 (303) 646-3500 (Carmen S. Hall, Esq., Petrock & Fendel, P.C., 700 17th Street, #1800, Denver, Colorado 80202 (303) 534-0702). 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, being the NE1/4NE1/4 of Section 6, T8S, 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


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amounts of groundwater at rates of flow necessary to efficiently withdraw the entire decreed amounts. Applicants 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. 34638 which will be repermitted to operate pursuant to the augmentation plan requested below. Applicants waive 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 upon the Denver Basin Rules, 2 C.C.R. 402-6. Applicants estimate the following annual amounts are representative of the Upper and Lower Dawson, Denver Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property: Saturated Annual Aquifer Thickness Amount Upper Dawson 160 feet 12 acre-feet Lower Dawson 93 feet 7 acre-feet Denver 263 feet 18 acre-feet Arapahoe 235 feet 16 acre-feet Laramie-Fox Hills 194 feet 12 acre-feet The average annual amounts available for withdrawal from the subject aquifers will depend on the hydrogeology and the legal entitlement of the Applicants' and represents a claim to all Upper Dawson, Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers’ groundwater underlying the Subject Property. 6. Well Fields: Applicants request that this Court determine that Applicants have 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 Applicants' well fields. As additional wells are constructed, applications will be filed in accordance with 37-90-137(10), C.R.S. 7. Proposed Use: Applicants 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: 4 acre-feet per year over a pumping period of 300 years of Upper Dawson aquifer groundwater 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: Applicants will use the Upper Dawson water to supply four individual wells on four residential lots to be located on the Subject Property at rates of flow of 15 gpm. Each well will require approximately 1 acre-foot per year for 300 years for inhouse use (0.5 acre-feet), irrigation/limited to 7000 square-feet of lawn, garden, and trees (0.4 acre-feet), and stockwatering of 8 large domestic animals (0.1 acre-feet). 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, Applicants, 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 Applicants will replace actual depletions to the affected stream system pursuant to 37-90-137(9)(c), C.R.S. Applicants estimate 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 stream system, and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. After the entire amount decreed herein has been withdrawn or after pumping ceases, Applicants will demonstrate that any depletions which may occur to the stream systems are non-injurious and need not be replaced. However, if the Court finds that such depletions need to be replaced, Applicants will reserve an adequate amount of nontributary groundwater underlying the Subject Property to meet augmentation requirements. 10. Remarks: A. Applicants claim the right to withdraw more


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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 Applicants have estimated the amounts of water available for withdrawal from the subject aquifers based on estimates of relative values for specific yield and saturated thickness, Applicants request 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. Applicants will withdraw up to 4 acre-feet per year for 300 years the not nontributary Upper Dawson aquifer groundwater requested herein under the plan of augmentation requested herein pursuant to 37-90-137(9)(c), C.R.S. WHEREFORE, Applicants pray that this Court enter a Decree: 11. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 12. Specifically determining that: A. Applicants have complied with 37-90-137(4), C.R.S., and water is legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near Applicants' property, pursuant to 37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; B. The groundwater in the Upper Dawson aquifer is not nontributary and groundwater in the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers is nontributary groundwater; C. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater and the plan for augmentation proposed herein; D. No findings of diligence are required to maintain these water rights. FURTHER, Applicants pray that this Court grant such other relief as seems proper in the premises. 2002CW210, CONCERNING THE APPLICATION FOR WATER RIGHTS OF WINOOK DEVELOPMENT, INC., APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY AND NONTRIBUTARY SOURCES AND APPROVAL OF AUGMENTATION PLAN, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS, IN ELBERT COUNTY. 1. Name, address, and telephone number of Applicant: Winook Development, Inc., 15544 E. Hinsdale Circle, Englewood, CO 80112 (303) 810-8563 (Carmen S. Hall, Esq., Petrock & Fendel, P.C., 700 17th Street, #1800, Denver, Colorado 80202 (303) 534-0702). 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 NE1/4NE1/4 of Section 29, 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. 122754-A which will be repermitted to operate pursuant to the augmentation plan requested below. 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 upon the Denver Basin Rules, 2 C.C.R. 402-6. Applicant estimates the following annual amounts are representative of the Upper and Lower Dawson, Denver Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property: Saturated Annual Aquifer Thickness Amount Upper Dawson 163 feet 13 acre-feet Lower Dawson 65 feet 5 acre-feet Denver 283 feet 19 acre-feet Arapahoe 227 feet 15 acre-feet Laramie-Fox Hills 171 feet 10 acre-feet


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The average annual amounts available for withdrawal from the subject aquifers will depend on the hydrogeology and the legal entitlement of the Applicant and represents a claim to all Upper Dawson, Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers’ groundwater underlying the Subject Property. 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: 4 acre-feet per year over a pumping period of 300 years of Upper Dawson aquifer groundwater 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 on four residential lots to be located on the Subject Property at rates of flow of 15 gpm. Each well will require approximately 1 acre-foot per year for 300 years for inhouse use (0.5 acre-feet), irrigation/limited to 7000 square-feet of lawn, garden, and trees (0.4 acre-feet), and stockwatering of 8 large domestic animals (0.1 acre-feet). 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 stream system, and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. After the entire amount decreed herein has been withdrawn or after pumping ceases, Applicant will demonstrate that any depletions which may occur to the stream systems are non-injurious and need not be replaced. However, if the Court finds that such depletions need to be replaced, Applicant will reserve an adequate amount of nontributary groundwater underlying the Subject Property to meet 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 not nontributary Upper Dawson aquifer groundwater requested herein under the plan of augmentation requested herein pursuant to 37-90-137(9)(c), C.R.S. WHEREFORE, Applicant prays that this Court enter a Decree: 11. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 12. Specifically determining that: A. Applicant has complied with 37-90-137(4), C.R.S., and water is legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near Applicant’s property, pursuant to 37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; B. The groundwater in the Upper Dawson aquifer is not nontributary and groundwater in the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers is nontributary groundwater; C. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of


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groundwater and the plan for augmentation proposed herein; D. No findings of diligence are required to maintain these water rights. FURTHER, Applicant prays that this Court grant such other relief as seems proper in the premises. 2002CW211, CONCERNING THE APPLICATION FOR WATER RIGHTS OF HAWTHORNE FAMILY LIMITED PARTNERSHIP, LTD., HUGH AND LORI HAWTHORNE, AND ILENE BRYCE, APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY AND NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY UPPER AND LOWER ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY DENVER AND LOWER ARAPAHOE AQUIFERS, IN ARAPAHOE, ADAMS, AND WELD COUNTY. 1. Name, Address, Telephone Number of Applicants: Hawthorne Family Limited Partnership, Ltd., 35288 E. 6th Ave., Brighton, Colorado 80137-9001 (303) 366-7939; Hugh and Lori Hawthorne, 1771 Weld County Road 23, Brighton, Colorado 80601 (303) 659-4041;AND Ilene Bryce, 13867 Lexington Place, Broomfield, Colorado 80020 (303) 474-0591 (Carmen S. Hall, Esq., Petrock & Fendel, P.C., 700 17th Street, #1800, Denver, Colorado 80202 (303) 534-0702). 2. Well Permits: Well permits will be applied for prior to construction of the wells. 3. Legal Description of Wells and Subject Property: The property which is the subject of this application is approximately 640 acres of land located in Section 8, T4S, R64W, Arapahoe County (480 acres owned by the Partnership and 160 acres owned by Hugh Hawthorne and Ilene Bryce); approximately 64 acres located in part of the S1/2NW1/4 of Section 31, T3S, R64W, Adams County (owned by the Partnership); and approximately 70 acres located in part of the NE1/4 of Section 26, T1N, R67W, Weld County (owned by Hugh and Lori Hawthorne), all of the 6th P.M., as more particularly described and/or shown on Attachment A hereto (Subject Property). Applicants will own the groundwater underlying their respective land. The wells which will withdraw the subject groundwater will be located at any location on the Subject Property subject to Section 37-90-137(4), C.R.S. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Upper and Lower Arapahoe aquifers underlying the Subject Property in Sections 8 and 31 and the Laramie-Fox Hills aquifer underlying all of the Subject Property is nontributary groundwater as described in 37-90-103(10.5), C.R.S. The groundwater to be withdrawn from the Lower Arapahoe aquifer underlying the Subject Property in Section 26 and the Denver aquifer underlying Sections 8 and 31 is not nontributary as described in 37-90-137(9)(c), C.R.S. 5. Estimated Amounts: The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. For purposes of this application, Applicants estimate that the following annual amounts are representative of the Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property: Section 8, T4S, R64W (640 acres): Saturated Estimated Aquifer Thickness Annual Amount Denver 226 feet 246 acre-feet(NNT) Upper Arapahoe 136 feet 148 acre-feet(NT) Lower Arapahoe 70 feet 76 acre-feet(NT) Laramie-Fox Hills 160 feet 154 acre-feet(NT) Section 31, T3S, R64W (64 acres): Saturated Estimated Aquifer Thickness Annual Amount Denver 260 feet 28 acre-feet(NNT) Upper Arapahoe 163 feet 18 acre-feet(NT) Lower Arapahoe 65 feet 7 acre-feet(NT) Laramie-Fox Hills 160 feet 15 acre-feet(NT) Section 26, T1N, R67W (70 acres): Saturated Estimated Aquifer Thickness Annual Amount Lower Arapahoe 75 feet 12 acre-feet(NNT) Laramie-Fox Hills 177 feet 19 acre-feet(NT) The average annual amounts available for withdrawal from the subject aquifers will depend on the hydrogeology and the legal entitlement of the Applicants and represents a claim to all not nontributary and nontributary groundwater underlying the Subject Property. Applicants will reserve part of the Denver aquifer water underlying Sections 8 and 31 and the Lower Arapahoe aquifer water underlying Section 26


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for use through exempt wells pursuant to Section 37-92-602, C.R.S. 6. Well Fields: Applicants request that this Court determine that Applicants have the right to withdraw all of the legally available groundwater lying below the Subject Property, through the wells requested herein 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: The water will be used, reused, successively used, leased, sold, or otherwise disposed of for the following beneficial purposes: municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational, fire protection and fish and wildlife. Said water will be produced for immediate application to said uses, both on and off the Subject 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. Remarks: A. Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 5 above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicants have estimated the amounts of water available for withdrawal from the subject aquifers based on estimates of relative values for specific yield and saturated thicknesses, Applicants request 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. WHEREFORE, Applicants pray that this Court enter a Decree: 10.Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 11. Specifically determining that: A. Applicants have complied with 37-90-137(4), C.R.S., and water is legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near the Subject Property, pursuant to 37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; B. The groundwater in parts of the Upper and Lower Arapahoe and Laramie-Fox Hills aquifers is nontributary groundwater. The groundwater in the Denver and parts of the Lower Arapahoe aquifers is not nontributary and that water will not be withdrawn until a plan for augmentation is approved by the Court; C. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater proposed herein and no findings of diligence are required to maintain these water rights. FURTHER, Applicants pray that this Court grant such other relief as seems proper in the premises. 2002CW212, CONCERNING THE APPLICATION FOR WATER RIGHTS OF ALGER AND JANICE JACQUES, APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY AND NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY DAWSON AQUIFERS, IN DOUGLAS COUNTY. 1. Name, Address, Telephone Number of Applicants: Alger and Janice Jacques, 1541 W. Fox Farm Road, Larkspur, Colorado 80118 (303) 681-3077 (Carmen S. Hall, Esq., Petrock & Fendel, P.C., 700 - 17th Street, #1800, Denver, Colorado 80202 (303) 534-0702). 2. Well Permits: Well permits will be applied for prior to construction of the wells. 3. Legal Description of Wells and Subject Property: The property which is the subject of this application is approximately 70 acres of land located in parts of the SW1/4 of Section 33, T9S, R67W, and the NW1/4 of Section 4, T10S, R67W of the 6th P.M., as more particularly described and shown on Attachment A hereto. The wells that will withdraw the subject groundwater will be located at any location on the Subject Property subject to Section 37-90-137(4), C.R.S. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property is nontributary groundwater as described in 37-90-103(10.5), C.R.S. The groundwater to be withdrawn from the Dawson aquifer is not nontributary as described in 37-90-137(9)(c), C.R.S. 5. Estimated Amounts: The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. For purposes of this application, Applicants estimate that the following annual amounts are representative of the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property: Saturated Estimated Aquifer Thickness Annual Amount Dawson 125 feet 17 acre-feet Denver 453 feet 53 acre-feet


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Arapahoe 295 feet 35 acre-feet Laramie-Fox Hills 187 feet 19 acre-feet The average annual amounts available for withdrawal from the subject aquifers will depend on the hydrogeology and the legal entitlement of the Applicants and represents a claim to all not nontributary and nontributary groundwater underlying the Subject Property. Applicants will reserve part of the Dawson aquifer water which may be available underlying the Subject Property for use through exempt wells located on the Subject Property permitted pursuant to Section 37-92-602, C.R.S. 6. Well Fields: Applicants request 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 and any additional wells which may be completed in the future as Applicants’ well fields. As additional wells are constructed, applications will be filed in accordance with 37-90-137(10), C.R.S. 7. Proposed Use: The water will be used, reused, successively used, leased, sold, or otherwise disposed of for the following beneficial purposes: municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational, fire protection and fish and wildlife. Said water will be produced for immediate application to said uses, both on and off the Subject 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. Remarks: A. Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 5 above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicants have estimated the amounts of water available for withdrawal from the subject aquifers based on estimates of relative values for specific yield and saturated thicknesses, Applicants request 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. WHEREFORE, Applicants pray that this Court enter a Decree: 10. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 11. Specifically determining that: A. Applicants have complied with 37-90-137(4), C.R.S., and water is legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near the Subject Property, pursuant to 37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; B. The groundwater in the Denver, Arapahoe and Laramie-Fox Hills aquifers is nontributary groundwater. The groundwater in the Dawson aquifer is not nontributary and that water will not be withdrawn until a plan for augmentation is approved by the Court; C. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater proposed herein and no findings of diligence are required to maintain these water rights. FURTHER, Applicants pray that this Court grant such other relief as seems proper in the premises. 2002CW213, CONCERNING THE APPLICATION FOR WATER RIGHTS OF GENE KOMER, APPLICATION FOR APPROVAL OF CHANGE OF WATER RIGHT AND PLAN FOR AUGMENTATION, IN LARIMER COUNTY. 1. Name, address, and telephone number of Applicant: Gene Komer, 2817 W. County Road 546, Fort Collins, Colorado 80524 (970) 498-0363 (Carmen S. Hall, Esq., Petrock & Fendel, P.C., 700 17th Street, #1800, Denver, Colorado 80202 (303) 534-0702). REQUEST FOR CHANGE OF WATER RIGHT. 2. Water rights being changed: Water associated with one-half share of stock in Taylor and Gill Ditch Company. 3. From previous decree: Entered on April 11, 1882, in the adjudication of priorities for irrigation in Water District 3, Larimer County District Court, Priority No. 17, with appropriation date of April 15, 1866, for a rate of flow of 18.48 cfs for irrigation use. 6.41 cfs of the decreed rate of flow has been transferred and the remaining rate of flow is 12.07 cfs. 4. Location of headgate and Source: In the SW1/4SW1/4 of Section 29, T8N, R69W of the 6th P.M. Cache La Poudre River. 5. Use: Applicant's 1/2 share has been used for irrigation on approximately 18 acres of land located in the NW1/4 of Section 33, T8N, R69W, as shown on Attachment A hereto. 6. Proposed change: Applicant requests that part of the consumptive use associated with the 1/2 share in the Taylor and Gill Ditch Company, be quantified and changed to be used for augmentation purposes, including storage. The subject of this change is 6.5 acres of pasture grass which has historically been irrigated by part of the ½ share of the Taylor and Gill Ditch water. (Total irrigation use of the ½ share is on 9 acres, however, Applicant is only changing a sufficient amount to cover augmentation requirements as described below). It is estimated that an average of approximately 16.25 acre-feet per year or 2.5 acre-feet per irrigated acre,


30

was used for irrigation of the 6.5 acres of pasture grass, and that the consumptive use associated with each irrigated acre is approximately 1.31 acre-feet per year, for a total of 8.5 acre-feet per year of consumptive use which will be used as a consumptive use credit against depletions in the augmentation plan described below. Applicant reserves the right to utilize and change additional acreage irrigated by the Taylor and Gill Ditch water to provide the appropriate amount of augmentation water for the augmentation plan requested below, without the necessity of amending or republishing this application. Said consumptive use credit will be stored in a gravel pit located on the Subject Property, for replacement of depletions in the augmentation plan described below. REQUEST FOR APPROVAL OF PLAN FOR AUGMENTATION. 7. Name of structures to be augmented: Komer Gravel Pit. 8. Water rights to be used for augmentation: Consumptive use credit associated with part of Applicant's 1/2 share in the Taylor and Gill Ditch Company changed herein. 9. Description of plan for augmentation: The purpose of this augmentation plan is to provide replacement of evaporative depletions associated with a gravel pit on Applicant’s land known as the Komer Gravel Pit (Pit). The surface area of the Pit is approximately 4.2 acres, however, prior to construction of the Pit there was a natural lake of 0.5 acres which was expanded to make the Pit, and the net surface acreage is 3.7 acres. The net evaporative loss in the vicinity is estimated to be 27.6 inches, and the augmentation requirement for 3.7 surface acres is 8.5 acre-feet per year. Applicant will divert the water changed herein in the gravel pit to replace said depletions through year round infiltration to the stream. 15. Name of owner of land on which the structure is located: Applicant. WHEREFORE, Applicant prays that this Court enter a decree granting the application requested herein and finding that the change of water rights and plan for augmentation requested herein, will prevent injury to owners and users of vested and conditional water rights, and for such other and further relief as this Court deems just and proper in the premises. 2002CW214, CONCERNING THE APPLICATION FOR WATER RIGHTS OF JULIE BENSON and DAVID LEONARD, MICHAEL and JEANETTE BARNELL, JACK and NINA FATCHETT, FREDERICK GINSBERG, ELISABETH GLASS, TIM and LORI GREUFE, VERN AND JAMI MARTIN, JOEANN and M.L. MICKELSEN, RICHARD AND JANINA OLESZ, ERIC and NANCY SCHWARM, DONALD SMITH, NANCY STEEL, BRANT WIDENER, LARRY and SHARON WILLS, VENA ZOOK, BOB AND JOAN MUSMANNO, AND ROWENA ROGERS, APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AQUIFERS, IN DOUGLAS COUNTY.1. Names and Address of Applicants: The names and legal descriptions of the land owned by the captioned parties are described on Attachment A on file with the court. (Carmen S. Hall, Esq., Petrock & Fendel, P.C., 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202 (303) 534-0702). 2. Well Permits: Well permits will be applied for prior to construction of the wells, which are the subject of this application. 3. Legal Description of Wells and Subject Property: The property which is the subject of this application is approximately 79.3 acres of land, located within the boundaries of Hidden Village Subdivision Filings 1 through 6, as generally located in parts of Sections 6, 7, and 8, Township 7 South, Range 65 West of the 6th P.M., as shown on Attachment B hereto. The specific lots and associated acreage owned by each Applicant are more particularly described on Attachment A hereto, and Applicants will own a pro-rata interest in the total amount of groundwater requested herein underlying their respective lots. Applicants reserve the right to add lots in the Hidden Village filings to this application without the necessity of amending or republishing this application. The wells which will withdraw the subject groundwater will be located at any location on the Subject Property subject to §37-90-137(4), C.R.S. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property is nontributary groundwater as described in §37-90-103(10.5), C.R.S. 5. Estimated Amounts: The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. For purposes of this application, Applicants estimate that the following annual amounts are representative of the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property: Saturated Estimated Aquifer Thickness Annual Amount Lower Dawson 96 feet 15 acre-feet Denver 253 feet 34 acre-feet Arapahoe 145 feet 20 acre-feet


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Laramie-Fox Hills 194 feet 23 acre-feet The average annual amounts available for withdrawal from the subject aquifers will depend on the hydrogeology and the legal entitlement of the Applicants and represents a claim to all nontributary groundwater underlying the Subject Property, except for any groundwater associated with exempt wells located on the lots. 6. Well Fields: Applicants request that this Court determine that Applicants have the right to withdraw all of the legally available groundwater lying below their respective lands, through wells or any additional wells which may be completed in the future, as Applicants' well fields. As additional wells are constructed, applications will be filed in accordance with §37-90-137(10), C.R.S. Applicants may also withdraw nontributary water to be decreed herein in combination with the same types of water which are located underlying adjacent properties in the Hidden Village filings as requested in Case 2001CW231 in this court. 7. Proposed Use: The water will be used, reused, successively used, and after use leased, sold, or otherwise disposed of for the following beneficial purposes: municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational, fire protection, aesthetic, and fish and wildlife. Said water will be produced for immediate application to said uses, both on and off the Subject 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. Remarks: A. Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 5 above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicants have estimated the amounts of water available for withdrawal from the subject aquifers based on estimates of relative values for specific yield and saturated thicknesses, Applicants request 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. WHEREFORE, Applicants pray that this Court enter a Decree: 10. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 11. Specifically determining that: A. Applicants have complied with §37-90-137(4), C.R.S., and water is legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near the Subject Property, pursuant to §37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; and B. The groundwater requested herein is nontributary groundwater; and C. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater proposed herein and no findings of diligence are required to maintain these water rights. FURTHER, Applicants pray that this Court grant such other relief as it deems proper in the premises. 2002CW215 Concerning the Application for Water Rights of Clyde E. Foiles Trust and Ruth M. Foiles Trust, c/o Larry B. Foiles, Trustee, 1209 Twin Peaks Circle, Longmont, Colorado 80503, Telephone: (303) 702-9000(c/o Stephen T. Williamson, Law Office of Stephen T. Williamson, P.O. Box 850, 813 Main Street Louisville, Colorado 80027 303-666-4060) APPLICATION FOR UNDERGROUND WATER RIGHTS FROM THE NOT NONTRIBUTARY UPPER ARAPAHOE AQUIFER, THE NONTRIBUTARY LOWER ARAPAHOE AQUIFER AND THE NONTRIBUTARY LARAMIE-FOX HILLS AQUIFER AND APPROVAL OF A PLAN FOR AUGMENTATION IN WELD COUNTY. FIRST CLAIM FOR RELIEF (ADJUDICATION OF UNDERGROUND WATER RIGHTS FROM THE NOT NONTRIBUTARY UPPER ARAPAHOE AQUIFER) 2. Applicant seeks adjudication of its entitlement to all of the ground water in the not nontributary Upper Arapahoe aquifer underlying the property described in Exhibit "A", attached hereto and incorporated herein by this reference, and depicted on Exhibit "B", attached hereto and incorporated herein by this reference (the "Property"), which Property is owned by Applicant. The Property encompasses approximately 239.85 acres in portions of the South half of Section 19, Township 1 North, Range 64 West of the 6th P.M., Weld County, Colorado. The Property has been divided into three lots, each owned by Applicant, by means of Weld County Recorded


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Exemption No. 1475-19-3 RE-3078, recorded on August 24, 2001 at Reception No. 2877386. The lots are summarized as follows: Lot A 5.01 acres Lot B 5.32 Lot C 229.52 TOTAL 239.85 acres Applicant has not determined the specific locations for all the required wells, but states that each well will be constructed within the Property, will be designed so that it withdraws water from a single aquifer and will be at least 600 feet from any other well which withdraws water from the same aquifer and is not under common ownership. Information with respect to the proposed wells is summarized as follows: A. Legal description: Each Foiles’ Upper Arapahoe well will be located within the boundaries of Applicant's Property. B. Source and depth: Each of the wells will fully penetrate the aquifer, estimated to be approximately the interval 30 feet to 200 feet below the ground surface for the Upper Arapahoe aquifer. C. Date of appropriation: Not applicable. D. How appropriation was initiated: Not applicable. E. Date water applied to beneficial use: Not applicable. 3. Amounts claimed: Applicant seeks adjudication and quantification of all ground water available in this aquifer underlying the Property. C.R.S. §37-90-103(10.5) and 2 C.C.R. 402-6, Rule 5. Applicant estimates that the following amounts of water are available: Unappropriated Recoverable Water Saturated Avg. Annual Amount Total Net Specific Thickness of Withdrawal Available Aquifer Acreage Yield (Feet) (Acre Feet) (Acre Feet) Upper Arapahoe 239.85 .17 70 28.54 2,854 A. Pumping rate: Estimated to be 40 gallons per minute for the Upper Arapahoe aquifer. 4. The allowed average annual amounts of withdrawal as described above are based upon the withdrawal of all water in the Upper Arapahoe aquifer underlying the Property described in Exhibit "A" over the statutory 100 year estimated life of the aquifer, pursuant to C.R.S. Section 37-90-137. This amount is a reasonable estimate based upon the best information currently available. Applicant requests the Water Court determine that Applicant has the right to withdraw all water in the Upper Arapahoe aquifer underlying the Property and further requests that the Court allow Applicant to increase that amount based upon additional information which may be available prior to any decree entered in this matter, or subsequent to a decree entered herein pursuant to the Court's retained jurisdiction. 5. The subject ground water is not nontributary ground water as defined in C.R.S. Section 37-90-103(10.5). Applicant seeks quantification of the ground water available in the not nontributary Upper Arapahoe aquifer underlying the Property and states that the water from this aquifer will not be used until following judicial approval of a plan for augmentation to replace depletions caused by the pumping of the ground water, as required by C.R.S. Section 37-90-137(9)(c). 6. Applicant requests that the Court retain jurisdiction over this matter to make adjustments in the allowed


33

average annual amount of withdrawal, either upwards or downwards, to conform to actual local aquifer characteristics. Said adjustments shall be made by the Court without Applicant having to refile, republish or otherwise amend this application. SECOND CLAIM FOR RELIEF(ADJUDICATION OF UNDERGROUND WATER RIGHTS FROM THE NONTRIBUTARY LOWER ARAPAHOE AQUIFER AND THE NONTRIBUTARY LARAMIE-FOX HILLS AQUIFER) 7. Applicant seeks adjudication of its entitlement to all the nontributary ground water in the Lower Arapahoe aquifer and the nontributary Laramie-Fox Hills aquifer underlying the Property, as defined in the First Claim For Relief above. Applicant has not determined the specific locations for the required wells but states that each well will be constructed within the Property, will be designed so that it withdraws water from a single aquifer and will be at least 600 feet from any other well which withdraws water from the same aquifer and is not under common ownership. Information with respect to the proposed wells is summarized as follows: A. Legal description: Each Foiles’ Lower Arapahoe or Laramie Fox-Hills well will be located within the boundaries of Applicant's Property. B. Source and depth: Each of the wells will fully penetrate the aquifer, estimated to be approximately the interval 205 feet to 440 feet below the ground surface for the Lower Arapahoe aquifer and approximately the interval 915 feet to 1,170 feet below the ground surface for the Laramie-Fox Hills aquifer. C. Date of appropriation: Not applicable. D. How appropriation was initiated: Not applicable. E. Date water applied to beneficial use: Not applicable. 8. Amounts claimed: Applicant seeks adjudication and quantification of all ground water available in the aquifers underlying the Property. The Lower Arapahoe and Laramie-Fox Hills aquifers are both nontributary in this area. Applicant estimates the following amounts of water are available from these aquifers: Unappropriated Recoverable Water Saturated Avg. Annual Amount Total Net Specific Thickness of Withdrawal Available Aquifer Acreage Yield (Feet) (Acre Feet) (Acre Feet) Lower Arapahoe 239.85 .17 110 44.85

4,485

Laramie- Fox Hills 239.85 .15 135 48.57 4,857 A.Pumping rates: Estimated to be 100 gallons per minute for the Lower Arapahoe and Laramie-Fox Hills aquifers. 9. The allowed average annual amounts of withdrawal as described above are based upon the withdrawal of all water in the subject aquifers lying below Applicant's Property, over the statutory 100 year estimated life of the aquifers pursuant to C.R.S. Section 37-90-137. These amounts are reasonable estimates based upon the best information currently available. Applicant requests that the Water Court determine that Applicant has the right to withdraw all water in the subject aquifers underlying the Property and further requests that the Court allow Applicant to increase or decrease the amount based upon additional information which may be available prior


34

to any decree entered in this matter, or subsequent to a decree entered herein pursuant to the Court's retained jurisdiction. 10. A. Date of appropriation for all wells: Not applicable. B. How appropriation was initiated: Not applicable. C. Date Water applied to beneficial use: Not applicable. GENERAL CLAIMS 11. Proposed uses: The water from all three (3) aquifers will be used, reused, successively used or otherwise disposed of, for all municipal purposes, including domestic, agricultural, industrial, commercial, irrigation, stock watering, recreation, fish and wildlife, fire protection and all other beneficial uses. The water will be produced for immediate application to said uses, for storage and subsequent application for said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for all other augmentation purposes. 12. Applicant requests the court determine that Applicant may withdraw the full amount of water in any one of the three (3) subject aquifers from a single well or any combination of proposed wells in said aquifer. Applicant also requests the right to withdraw the subject water from such wells in excess of the allowed average amount of withdrawal as long as the total amount of water withdrawn from any aquifer does not exceed the product of the total number of years since the date of determination of the right to ground water by the Water Court, times the allowed average amount of withdrawal. 2 C.C.R. 402-7, Rule 8(a). 13. Applicant requests that the Court retain jurisdiction over this matter to make adjustments in the allowed average annual amount of withdrawal, either upwards or downwards, to conform to actual local aquifer characteristics. Said adjustments shall be made by the Court without Applicant having to refile, republish or otherwise amend this application. 14. Applicant is the owner of the Property upon which the wells will be located. Applicant requests the right to locate the subject wells (Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills) at any point within the Property, as described in Exhibit "A", without the necessity of filing an amendment to the application, republishing, or petitioning the court for the reopening of any decree hereafter entered. 2 C.C.R. 402-7, Rule 11. THIRD CLAIM FOR RELIEF (PLAN FOR AUGMENTATION) Applicant intends to use the Property primarily for agricultural uses and for low density residential and recreation uses. Water demands will include small amounts for domestic and landscape irrigation purposes. Applicant intends to provide the water supply from the Denver Basin aquifers described in the First and Second Claims for Relief. Sewage disposal will be by conventional septic system with leaching field. Such systems will be non-evaporative and will return the water to the Box Elder Creek drainage system. Applicant proposes to reserve sufficient water in the nontributary Lower Arapahoe aquifer and the nontributary Laramie Fox-Hills aquifer, described in the Second Claim for Relief, for the purpose of augmenting the 4% depletions from the not nontributary Upper Arapahoe aquifer, to the extent said Upper Arapahoe aquifer is actually developed. 2002CW216 Concerning the Application for Water Rights of Farfrumwurkin, L.L.L.P., c/o Jon File, 11811 Upham Street, Unit 12 Broomfield, CO 80020, Telephone: 303-404-3225 (c/o Stephen T. Williamson, Law Office of Stephen T. Williamson, P.O. Box 850, 813 Main Street Louisville, Colorado 80027 303-666-4060) APPLICATION FOR DIRECT FLOW AND STORAGE WATER RIGHTS IN WELD COUNTY. FIRST CLAIM FOR RELIEF (ADJUDICATION OF ABSOLUTE AND CONDITIONAL DIRECT FLOW SURFACE WATER RIGHTS) 2. Applicant claims direct flow rights described as follows: A.


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Name of right: Farfrumwurkin Seepage Ditch No. 1. i. Location of point of diversion: Farfrumwurkin Seepage Ditch No. 1 collects seepage occurring in Section 32. The point of diversion is located in the NE 1/4 of the SW 1/4 of Section 32, T 2 N, R 68 W of the 6th P.M., Weld County, CO, at a point approximately 1800 feet North of the South Section line and 1340 feet East of the West Section Line of said Section 32. ii. Amount of water claimed: 2.0 cubic feet per second (“c.f.s.”), CONDITIONAL for all uses except irrigation and stockwatering, for which 1 c.f.s. is claimed ABSOLUTE. B. Name of right: Farfrumwurkin Seepage Ditch No. 2. i. Location of point of diversion: Farfrumwurkin Seepage Ditch No. 2 collects seepage occurring in Section 32. The point of diversion is located in the SW 1/4 of the NW 1/4 of Section 32, T 2 N, R 68 W of the 6th P.M., Weld County, CO, at a point approximately 3640 feet North of the South Section line and 1320 feet East of the West Section Line of said Section 32. ii. Amount of water claimed: 2.0 c.f.s., CONDITIONAL for all uses except irrigation and stockwatering, for which 1 c.f.s. is claimed ABSOLUTE. C. Name of right: Farfrumwurkin Seepage Ditch No. 3. i. Location of point of diversion: Farfrumwurkin Seepage Ditch No. 3 collects seepage occurring in Section 32. The point of diversion is located in the NE 1/4 of the SW 1/4 of Section 32, T 2 N, R 68 W of the 6th P.M., Weld County, CO, at a point approximately 1320 feet North of the South Section line and 1370 feet East of the West Section Line of said Section 32. ii. Amount of water claimed: 1.0 c.f.s., CONDITIONAL for all uses except irrigation and stockwatering, for which 1.0 c.f.s. is claimed ABSOLUTE. D. Name of right: Farfrumwurkin Seepage Ditch No. 4. i. Location of point of diversion: Farfrumwurkin Seepage Ditch No. 4 collects seepage occurring in Section 32. The point of diversion is located in the NW 1/4 of the SW 1/4 of Section 32, T 2 N, R 68 W of the 6th P.M., Weld County, CO, at a point approximately 1320 feet North of the South Section line and 660 feet East of the West Section Line of said Section 32. ii. Amount of water claimed: 2.0 c.f.s., CONDITIONAL for all uses except irrigation and stockwatering, for which 1 c.f.s. is claimed ABSOLUTE. E. Name of right: Farfrumwurkin Seepage Ditch No. 5. i. Location of point of diversion: Farfrumwurkin Seepage Ditch No. 5 collects seepage occurring in Section 32. The point of diversion is located in the NE 1/4 of the SE 1/4 of Section 32, T 2 N, R 68 W of the 6th P.M., Weld County, CO, at a point approximately 1340 feet North of the South Section line and 880 feet West of the East Section Line of said Section 32. ii. Amount of water claimed: 2.0 c.f.s., CONDITIONAL. F. Source of water for points of diversion claimed in paragraphs 2.A, 2.B, 2.C, 2.D, and 2.E: Seepage, flood and runoff collected in existing and to be constructed tile drains and surface ditches in Section 32, including seepage from the Lower Boulder Ditch and the Boulder and Weld County Ditch, all tributary to Boulder Creek and its tributaries. G. Dates of appropriation: i. Dates of appropriation for absolute water rights claimed in paragraphs 2.A, 2.B, 2.C, and 2.D: January 1, 1960. ii. Dates of appropriation for conditional water rights claimed in paragraphs 2.A, 2.B, 2.C, 2.D, and 2.E: September 30, 2002. H. Date water applied to beneficial use: i. Date water applied to beneficial use for absolute water rights claimed in paragraphs 2.A, 2.B, 2.C, and 2.D: Water from the points of diversion claimed in paragraphs 2.A, 2.C, and 2.D has been diverted for the beneficial purposes described below since the early 1900s. ii. Date water applied to beneficial use for conditional water rights claimed in paragraphs 2.A, 2.B, 2.C, 2.D, and 2.E: Not applicable. I. How absolute appropriations claimed in paragraphs 2.A through 2.D were initiated: By construction of tile


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drains and ditches and placing water to beneficial use. J. How conditional appropriations claimed in paragraphs 2.A through 2.E were initiated: By forming the intent to appropriate, conducting surveys and other engineering analyses, core drilling, corporate resolutions, and filing the application. K. Uses of the water: i. The absolute water right claimed for Farfrumwurkin Seepage Ditch Nos. 1 through 3 have been used on the Nelson Farm, located in the SW 1/4 and the N 1/2 of the SE 1/4 and the W 1/2 of the NW 1/4 of Section 32 and the E 1/2 of the NE 1/4 of Section 31, for the irrigation of approximately 14 acres in the W 1/2 of the NW 1/4 of said Section 32 and stockwatering on said farm. ii. The 1 c.f.s. claimed absolute for Seepage Ditch No. 4 has been used on the Nelson Farm, described in the previous paragraph, for stockwatering on said Nelson Farm and irrigation of pasture including approximately 12 acres in the W 1/2 of the SW 1/4 of said Section 32; 14 acres in the W 1/2 of the NW 1/4 of said Section 32; and 110 acres in the E 1/2 of the NE 1/4 of Section 31 and the W 1/2 of the NW 1/4 of said Section 32 (North of the railroad). iii. All water diverted under the conditional water rights claimed in paragraphs 2.A, 2.B, 2.C, 2.D, and 2.E will be applied to industrial, commercial, mining, wash water, dust suppression, environmental mitigation, piscatorial, wildlife conservation, domestic, irrigation, livestock watering, storage, recreation, augmentation, exchange and municipal uses on Applicant’s Property consisting of approximately 258.5 acres located in Section 32, T 2 N, R 68 W of the 6th P.M., Weld County, CO, as shown on Exhibit “A.” SECOND CLAIM FOR RELIEF (ADJUDICATION OF STORAGE WATER RIGHTS) 3. Applicant claims storage water rights described as follows: A. Name of storage water right: File Preserve Lake i. Legal description: File Preserve Lake will be located in the SW 1/4 of the NW 1/4 of Section 32, T 2 N, R 68 W of the 6th P.M., Weld County, CO. ii. If off-channel reservoir, name and capacity of facilities used to fill the reservoir, and legal description of each point of diversion: Water will be diverted from the points of diversion claimed in paragraphs 2.A, 2.B, 2.C, and 2.D above, in addition to natural runoff entering the lake. iii. Amount claimed: (a) 360 acre feet, CONDITIONAL, with the right to one refilling. (b) Rate of diversion: 4 c.f.s. iv. Surface area of high water line: 14 acres. v. Maximum height of dam, elevation of spillway and length of dam: Not applicable, as lake will be excavated below grade vi. Total capacity of reservoir in acre feet: 360 acre feet, consisting of 360 acre feet of active capacity and 0 acre feet of dead storage. B. Name of storage water right: Filly Lake i. Legal description: Filly Lake will be located in the W 1/2 of the SW 1/4 of Section 32, T 2 N, R 68 W of the 6th P.M., Weld County, CO. ii. If off-channel reservoir, name and capacity of facilities used to fill the reservoir, and legal description of each point of diversion: Water will be diverted from the points of diversion claimed in paragraphs 2.A, 2.B, 2.C, and 2.D above, in addition to natural runoff entering the lake. iii. Amount claimed: (a) 180 acre feet, CONDITIONAL, with the right to one refilling. (b) Rate of diversion: 4 c.f.s. iv. Surface area of high water line: 12 acres. v. Maximum height of dam, elevation of spillway and length of dam: Not applicable, as lake will be excavated below grade. vi. Total capacity of reservoir in acre feet: 180 acre feet, consisting of 180 acre feet of active capacity and 0 acre feet of dead storage. C. Name of storage water right: Nelson Lake i. Legal description: Nelson Lake will be located in the NE 1/4 of the SW 1/4 and the NW 1/4 of the S/E 1/4 of Section 32, T 2 N, R 68 W of the 6th P.M., Weld County, CO. ii. If off-channel reservoir, name and capacity


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of facilities used to fill the reservoir, and legal description of each point of diversion: Water will be diverted from the points of diversion claimed in paragraphs 2.A, 2.B, and 2.E above, in addition to natural runoff entering the lake. iii. Amount claimed: (a) 150 acre feet, CONDITIONAL, with the right to one refilling. (b) Rate of diversion: 2.0 c.f.s. iv. Surface area of high water line: 10 acres. v. Maximum height of dam, elevation of spillway and length of dam: Not applicable, as lake will be excavated below grade. vi. Total capacity of reservoir in acre feet: 150 acre feet, consisting of 150 acre feet of active capacity and 0 acre feet of dead storage. D. Name of storage water right: Coyote Pond i. Legal description: Coyote Pond will be located in the NW 1/4 of the NW 1/4 of Section 32, T 2 N, R 68 W of the 6th P.M., Weld County, CO. ii. If off-channel reservoir, name and capacity of facilities used to fill the reservoir, and legal description of each point of diversion: Water will be diverted from the points of diversion claimed in paragraphs 2.A, 2.B, 2.C, and 2.D above, in addition to natural runoff entering the pond. iii. Amount claimed: (a) 50 acre feet, CONDITIONAL, with the right to one refilling. (b) Rate of diversion: 2.0 c.f.s. iv. Surface area of high water line: 6 acres. v. Maximum height of dam, elevation of spillway and length of dam: Not applicable, as lake will be excavated below grade. vi. Total capacity of reservoir in acre feet: 50 acre feet, consisting of 50 acre feet of active capacity and 0 acre feet of dead storage. E. Source for the lakes in paragraphs 3.A through 3.D: Seepage, flood and runoff from Section 32, including seepage from the Lower Boulder Ditch and the Boulder and Weld County Ditch, all tributary to Boulder Creek and its tributaries, from the points of diversion claimed in paragraph 2. F. Date of appropriation for the lakes in paragraphs 3.A through 3.D: September 30, 2002. G. Date water was applied to beneficial use for the lakes in paragraphs 3.A through 3.D: Not applicable. 4. How appropriations for the lakes in paragraphs 3.A through 3.D were initiated: By forming the intent to appropriate, conducting surveys and other engineering analyses, core drilling, corporate resolutions, and filing the application. 5. Uses of the water for the lakes in paragraphs 3.A through 3.D: All water diverted under the water rights claimed herein will be applied to industrial, commercial, mining, wash water, dust suppression, environmental mitigation, piscatorial, wildlife conservation, domestic, irrigation, livestock watering, storage, recreation, augmentation, exchange and municipal uses on Applicant’s Property consisting of approximately 258.5 acres located in Section 32, T 2 N, R 68 W of the 6th P.M., Weld County, CO. 6. Applicant claims the right to use and reuse to extinction the water diverted under the water rights claimed herein. 7. Names and addresses of owners of land on which structures are located or are to be located: All existing and proposed structures are located on land owned or under contract to purchase by the Applicant. 8. All water diverted or stored out of priority under the water rights claimed herein will be returned to the stream immediately without use. 9. A map depicting the location of the diversion structures, lakes and Applicant’s property and is attached as Exhibit “A” and incorporated herein by this reference. 10. Applicant reserves the right to supplement the information regarding diversions, storage and the application of water to beneficial use during the pendency of this case, to offer evidence of additional amounts applied to beneficial use and to request the Water Court to enter an absolute decree in the full amount of the claim set forth in this application, or such lesser amount as may be determined by the Water Court, based upon the evidence


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which continues to develop from on-going operations. To the extent any absolute claim cannot be decreed absolute in this proceeding, Applicant requests that any such claim be decreed conditional.

89CW198 Concerning the Application for Water Rights of the City and County of Denver, acting by and through its Board of Water Commissioners in the City and County of Denver Patricia L. Wells, Michael L. Walker, Henry C. Teigen, Casey S. Funk, Mary B. Rastall, Anne E. Winans, 1600 West 12th Avenue, Denver, Colorado 80204. (303) 628-6460 (303) 628-6478 fax E-Mail: [email protected] THIRD AMENDMENT TO APPLICATION FOR UNDERGROUND WATER RIGHT AND PLAN FOR AUGMENTATION, IN DENVER COUNTY, S12, T4

S, R68W, 6TH p.m. The Application is amended as follows: 6. A. Amount claimed: 110 gpm, absolute – the maximum annual amount of groundwater to be pumped is 17 acre-feet per year (comprised of approximately 13.4 af for irrigation and 3.6 af for the fountains). The depletive affect of this use is approximately 16 af/yr. Comments: A small cistern provides a reserve of water for the fountain and irrigation pumps. The fountain pumps recirculate water through the cistern. The amount of water estimated to be pumped through the fountains is 52 af/yr, based on a pumping rate of 110 gpm, 12 hours/day, 7 months/ year (April – October). Approximately 5%, or 2.6 af, of the water pumped will be depleted due to evaporation and nozzle losses. Evaporative losses were estimated, in part, using pan evaporation from Cherry Creek Reservoir (48.44 inches, April Through October). The pool/surface water area of the fountains is approximately 1,370 ft2 and 160 ft2, respectively. Up to 1 af/yr of water may be pumped from Cherry Creek Park Well No. 1 to fill the cistern, but will not be consumptively used. The depletive effect of lawn irrigation will be no more than 13.4 af for lawngrass consumptive use (3 af/ac of water applied to 4.46 acres of lawn grass less return flows). Any Statement of Opposition filed to the Original Application, the First Amended Application, or the Second Amended Application shall be considered applicable to this Third Amended Application. PLEASE SEND ALL CORRESPONDENCE TO: Mary B. Rastall, Denver Water, 1600 West 12th Avenue, Denver, Colorado 80204; telephone (303) 628-6460. 2001CW255, Hall-Irwin Construction Company, 3026 4th Avenue, Greeley, Colorado, 80631 (970)356-9160 (Kim R. Lawrence, Lind, Lawrence & Ottenhoff, LLP, 1011 Eleventh Avenue, Greeley, CO, 80631) Application for Change of Water Rights and Plan of Augmentation in Boulder and Weld Counties. 2. Decreed Name of Structures: Cole Seepage Ditch, Godding, Dailey & Plumb Ditch, Mayfield Ditch, McCormick Seepage Ditch, Rural Ditch, Panama Reservoir a/k/a Six Mile m 2 Reservoir. 3. The application is amended to state applicant owns 23 shares of the Godding Ditch Company, not the Godding Plumb and Dailey Ditch. All references in the Application to the Godding Plumb and Dailey are changed to the Godding Ditch Company (Highland South Side Ditch). The Godding Ditch owns the Highland South Side Ditch which was decreed on June 2, 1882 with an appropriation date of June 1, 1865 for 99.7 c.f.s. and an appropriation date of June 1, 1868 for 52.5 c.f.s. from Boulder Creek. The decreed use is for irrigation. The headgate location is in the NE¼ NW¼ SW ¼ Section 21, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado. 4. Name and Address of Owners of Structures: The Highland South Side Ditch is owned by the Godding Ditch Company, c/o Francis Gergorson, 5584 WCR 24, Longmont, Colorado 80504.


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2002CW095 DAVID B. GUENZI AND JOHN S. GUENZI (Ray Ann Brammer, Esq. P.O. Box 1827, Sterling, CO 80751). AMENDED APPLICATION FOR CHANGE OF WATER RIGHT., IN LOGAN COUNTY. The Application in this matter was filed On May 30, 2002. This Amended Application amends the location of Well # 2 in paragraph 4. B. below. 4. Proposed Change: B. Location: The new location for Well # 1 is 2150 from the South Section line and 150 feet from the West section line. The new location for Well # 2 is 300 feet from the South Section line and 800 feet from the West section Line. All in Section 18, Township 7 North, Range 53 West of the 6th P.M. All other items remain as published in the May, 2002 Resume. 2002CW124 JOHN A. HALL AND THE HALL FAMILY IN THE HALL SOUTH DITCH AND HALL NORTH DITCH. Timothy J. Flanagan, Steve Fox, Fowler, Schimberg & Flanagan, P.C., 1640 Grant Street, Suite 300, Denver, Colorado 80203 Telephone: (303) 298-8603 Telefax: (303) 298-8748 E-Mail: [email protected] s_fox@fsf- law.com APPLICATION FOR CHANGE OF WATER RIGHT, IN BOULDER COUNTY. Republished for more complete file.

1. Name, address, telephone number(s) (residence and business of applicant(s):

2. A. John A. Hall and the Hall Family through family trusts (owners/lessors)

c/o John A. Hall 7901 Woodland Road Longmont, Colorado 80503 (303) 651-9636

Aggregate Industries - WCR, Inc. (user/lessee) 3605 South Teller Street Lakewood, Colorado 80235 (303) 716-5305 B. Please send all correspondence and/or rulings regarding this applications to the

applicants’ attorneys: Timothy J. Flanagan, Esq. Steve Fox, Esq. Fowler, Schimberg & Flanagan P.C. 1640 Grant Street, Suite 300 Denver, Colorado 80203 2. Decreed name of structure for which change is sought: (indicate whether ditch, well, springs,

reservoir, etc.): Hall South Ditch and Hall North Ditch

3. From previous Decree: A. Hall South Ditch Date Entered: July 3, 1951 Case No. 11715 Court: Boulder County District Court Hall North Ditch Date Entered: July 3, 1951 Case No. 11715 Court: Boulder County District Court B. Decreed point of diversion:

The decreed diversion point for the Hall South Ditch is located on the south side of the South St. Vrain Creek, 2100 feet south and 500 feet west of the northeast corner of Section 26, Township 3 North, Range 71 West. See map attached as Exhibit A. The decreed diversion point for the Hall North Ditch located on the north side of the South St. Vrain Creek, 800 feet south and 1550 feet west of the northeast corner of Section 26, Township 3 North, Range 71 West. See map attached as Exhibit A.

C. Source: South St. Vrain Creek (for both the Hall South Ditch and the Hall North Ditch) D. Hall South Ditch Appropriate Date: May 11, 1919 Amount: 3.45 cfs


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Hall North Ditch Appropriate Date: May 11, 1919 Amount: 3.65 cfs E. Historic use:

Co-Applicants John A. Hall and the Hall Family, through various family trusts, have leased certain of their lands and water rights in the Hall South Ditch and Hall North Ditch to Co-Applicant Aggregate Industries - WCR, Inc. which operates an aggregate quarry known as the Lyons Quarry (“Quarry”) located in the eastern ½ of the eastern ½ of Sections 26, Township 3 North, Range 71 West and the western ½ of the western ½ of Section 25, Township 3 North, Range 71 West. See map attached as Exhibit A. The Hall South Ditch and the Hall North Ditch historically irrigated approximately 33.4 acres in the vicinity of the South St. Vrain Creek (see map attached as Exhibit B) for the production of native grass/hay. This included approximately 17.3 acres located south of the South St. Vrain Creek irrigated by the Hall South Ditch and approximately 16.1 acres located north of the South St. Vrain Creek irrigated by the Hall North Ditch. These acreages varied year to year depending upon the meandering of the creek and road construction that took place in the area during the 1950s. Water was diverted from the South St. Vrain Creek with the aid of rocks placed in the creek. No devices were used to measure flows. The water diverted was used to grow native grass/hay.

There are few historic diversion records available for the Hall South Ditch or the Hall North Ditch. The only records available from the State Engineer’s Office are diversions from 1978 through 1980 and from 1982 through 1988. A chart of those diversion records is attached as Exhibit C. Diversion records were not routinely kept for these water rights because previous water commissioners and other representatives of the State Engineer encouraged the previous owner of these water rights, Hallyn F. Hall, to divert as much water as possible to irrigate the hay meadows as a means introducing additional water to the adjoining gravel deposits in the area early in the irrigation season in order to increase flows in the St. Vrain Creek later in the irrigation season.

For the purpose of this Change of Use Application, historic diversions were calculated by the Applegate Group, Inc. based on the crop demand of 33.4 acres of native grass/hay (17.3 acres irrigated by the Hall South Ditch and 16.1 acres irrigated by the Hall North Ditch), the ditch loss of 10%, farm efficiency of 28%, giving an overall farm efficiency of 25% (see table attached as Exhibit D). The overall efficiency of 25% is an estimate from the Longmont field service center of the National Resources Conservation Service (NRCS) and is representative of an excess of water applied to the hay meadows and the well drained lands on which the crop grew.

The total amount of historic consumptive use of both the Hall South Ditch and the Hall

North Ditch rights is 53.3 acre-feet annually, calculated using the Blaney-Criddle analysis (see Exhibit D for calculation summary).

6. Proposed Change: A. Describe change requested: Alternate point of diversion, change of use and storage. B. Alternate location of point of diversion: The Lyons Quarry Sump Pump will be an alternate point of diversion for both the Hall

South Ditch and the Hall North Ditch. This new point of diversion for the Hall South Ditch and the Hall North Ditch water rights will be a sump pump located 1200 east and 1300 south of the of the northeast corner of Section 26, Range 71 West, Township 3 North. The water will be diverted while in priority and either pumped directly into water trucks or stored in the Lyons Quarry Sump located 1000 feet east and 1700 feet south of the northeast corner of Section 26, Range 71 West, Township 3 North. The Lyons Quarry Sump is a sump pit excavated in a solid rock deposit with approximate dimensions of 45 feet by 75 feet by 8 feet deep at its deepest point. Water pumped to and stored in the Lyons Quarry Sump will then be pumped directly to water trucks when needed to support dust suppression activities at the Lyons Quarry.


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The Hall North Ditch may also be used as an alternate point of diversion for the Hall South Ditch water rights. When the mining activity ceases and reclamation and irrigation activities resume, the point of diversion for both the Hall South Ditch and Hall North Ditch water rights will revert back to the originally decreed Hall North Ditch point of diversion. A vicinity map of the proposed alternate points of diversion and area of consumptive use is attached as Exhibit A.

C. Change of use: The decreed use of the Hall South Ditch and Hall North Ditch water rights is for irrigation. The Applicants seek to add industrial, mining, dust suppression, reclamation, stockwatering and storage as additional uses of these water rights. The Applicants also seek to keep the decreed use for irrigation. The new uses of the water will support aggregate mining activities at the Lyons Quarry until the expiration of the mining lease, including, but not limited to: watering of haul roads and material stockpiles and reclamation after mining activities cease. A vicinity map of the Lyons Quarry is shown on the vicinity map (attached as Exhibit A). There will be no consumptive use of water associated with the actual mining of the aggregate material. The water rights will be used for irrigation, reclamation and stockwatering purposes when the mining operations cease and the land is reclaimed. There is also a substantial reclamation plan which has been approved by the Colorado Division of Minerals and Geology and the Mined Land Reclamation Board which requires reclamation and revegetation of much of the area historically irrigated by these rights.

D. Amount: The Applicants will be using the Hall North Ditch and the Hall South Ditch water rights

in an amount not to exceed its historic consumptive use and decreed rate of diversion as outlined above. At the beginning of each year, Applicants will make an election to use these water rights for either irrigation, reclamation and stockwatering purposes or for industrial, mining, dust suppression and storage. When the Applicants elect to use the these water rights for industrial, mining, dust suppression and storage, any unused amounts will be returned to the river.

E. Proposed Plan for Operation: The water will be pumped by the Lyons Quarry Sump Pump directly out of the South St. Vrain Creek into water trucks or to the Lyons Quarry Sump and then into water trucks as outlined above. The water trucks will distribute the water throughout the Quarry site to support various quarry operations, including watering haul roads and material stockpiles in order to control dust. Post-mining uses of the water will include irrigation, reclamation and stockwatering. The amount of use of these water rights for all historic and proposed new uses will not exceed the historic consumptive use of the water rights.

New Point of Diversion

Boulder County

Northeast corner

Northeast corner

Section 26 Township 3 North

Range 71 West

Principal Meridian

Distance from section lines (section lines are typically not property lines) 1300 feet south and 1200 feet east of the northeast corner of Section 26, Township 3 North, Range 71 West Street Address: not applicable

Subdivision: not applicable Lot: not applicable Block: not applicable

7. Name(s) and address(es) of owner(s) of land on which structure is or will be located, upon which

water is or will be stored, or upon which water is or will be placed or beneficial use. All lands subject to this application are owned by Co-Applicants John A. Hall and the Hall Family through various family trusts, c/o John A. Hall, 7901 Woodland Road, Longmont, Colorado 80503, (303) 651-9636.


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Co-Applicant Aggregate Industries, Inc., 3605 South Teller Street, Lakewood, Colorado 80235, (303) 716-5305, leases this land from Mr. Hall and the Hall Family for aggregate mining operations.

2002CW155 HAUCK PRESERVE AT IDAHO CREEK, LLC, 1435 WCR 6½, Longmont, Colorado 80504, (303) 828-3879; FIRST AMENDED APPLICATION FOR CONDITIONAL DIRECT FLOW AND STORAGE RIGHTS, in WELD COUNTY, Carolyn F. Burr, Friedlob Sanderson Paulson & Tourtillott, LLC, 1775 Sherman Street, 21st Floor, Denver, Colorado 80203, Telephone: (303) 571-1400, Facsimile: (303) 615-5472; I. EXPLANATION OF AMENDMENTS By this amendment, Hauck Preserve (1) corrects legal descriptions contained in the original application filed on July 30, 2002, and (2) adds a claim for two additional points of diversion through which it may divert the conditional direct flow right claimed in the original application. II. AMENDMENTS A. The legal description for the following structures is amended as indicated by the stricken and underlined text: a. East Hauck Preserve Diversion Structure: i. Legal Description: The East Hauck Preserve Diversion Structure will be located in the SW¼ of the NE¼ of Section 29, Township 2 South North, Range 68 West of the 6th P.M. at a point approximately 2600 feet south of the North section line and 1500 feet west of the East section line. b. West Hauck Preserve Diversion Structure: i. Legal Description: The West Hauck Preserve Diversion Structure will be located in the SE¼ of the NW¼ of Section 29, Township 2 South North, Range 68 West of the 6th P.M. at a point approximately 2370 feet south of the North section line and 2020 feet east of the West section line. B. Hauck Preserve adds the following additional points of diversion for the CONDITIONAL direct flow water right claimed in the original application: 1. Peterson Slough Diversion: a. Legal Description: The Peterson Slough Diversion Structure is located in the SE¼ of the SW¼ of Section 29, Township 2 North, Range 68 West of the 6th P.M., approximately 1400 feet east of the West section line and 50 feet north of the South section line. b. Source: Natural flows originating within the Peterson Slough and seepage and tiled drainage from up-gradient lands, including irrigation return flows from the Lower Boulder Ditch and the Boulder and Weld Ditch which return to Boulder Creek and/or Idaho Creek down gradient of the subject property. c. Date of Appropriation: June 26, 2002. The appropriation date is based upon the Applicant’s formation of intent to appropriate, engineering and legal investigation and analysis of proposed appropriation and diversion sites, and land use planning for the subject property. d. Date water first applied to beneficial use: Not applicable. e. Amount Claimed: 2.5 cfs, CONDITIONAL f. Uses: The water will be used for irrigation, domestic, livestock watering, recreation, fish and wildlife propagation, replacement, exchange, augmentation, with all uses to be made either on a direct flow basis or following storage of water in Hauck Preserve Pond (described in original application). Applicant may use and reuse the water to extinction. 2. Middle Hauck Preserve Diversion Structure: a. Legal Description: The Middle Hauck Preserve Diversion Structure is located in the SW¼ of the NE¼ of Section 29, Township 2 North, Range 68 West of the 6th P.M., approximately 2600 feet south of the North section line and 2240 feet west of the East section line. b. Source: Natural flows originating within the Peterson Slough and seepage and tiled drainage from up-gradient lands, including irrigation return flows from the Lower Boulder Ditch and the Boulder and Weld Ditch which return to Boulder Creek and/or Idaho Creek down gradient of the subject property. c. Date of Appropriation: June 26, 2002. The appropriation date is based upon the Applicant’s formation of intent to appropriate, engineering and legal investigation and analysis of proposed appropriation and diversion sites, and land use planning for the subject property. d. Date water first applied to beneficial use: Not applicable. e. Amount Claimed: 2.5 cfs, CONDITIONAL f. Uses: The water will be used for irrigation, domestic, livestock watering, recreation, fish and wildlife propagation, replacement, exchange, augmentation, with all uses to be made either on a direct flow basis or following storage of water in Hauck Preserve Pond (described in original application). Applicant may use and reuse the water to extinction. 3. Information Pertaining to Additionally Claimed Diversion Points: a. Name and address of owner of land on which the structures are located: (1) Peterson Slough Diversion Structure appears to be located on land owned by Shaw Family, LLP, P.O. Box 1227, Longmont, Colorado 80502. (2) Middle Hauck Preserve Diversion Structure is to be located on land owned by the Applicant. In all other respects, the application remains the same as originally filed with the Water Court on July 30, 2002 and published in the July 2002 Resume of Water Division No. 1. Any statement of opposition filed to the original application shall be considered applicable to this amended application.


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2002CW171 JACK W. AND HELEN M. BROCKMAN, 3810 S. Fenton Street, Denver, CO 80235. Amended Application for Underground Water Right, IN JEFFERSON COUNTY. Bernard F Gehris, 6400 S. Fiddlers Green Circle, Suite 1030, Englewood, CO 80111. Phone Number: (303) 796-2626, Email: [email protected]. Application republished to correct the location/legal description of the well. The legal description should read: Located in the NW1/4, SW1/4, Section 6, Township 7 South, Range 70 West, 6 PM, the Principal Meridian, at a distance of 2090 feet from the South section line and 1240 feet from the West section line of said Section 6 in Jefferson County, on a 1.37 acre tract of land owned by the Applicants (street address: 13511 Callae Drive, Conifer, Colorado 80433). All other items remain as published in the August, 2002 Resume. 2002CW175 CONCERNING THE APPLICATION FOR WATER RIGHTS OF SOUTH SUBURBAN PARK AND RECREATION DISTRICT, IN ARAPAHOE COUNTY 1. Applicant: South Suburban Park and Recreation District, 6631 South University Boulevard, Centennial, Colorado 80121, (303) 798-5131. 2. Attorney: Evan D. Ela, Esq., Collins Cockrel & Cole, 390 Union Boulevard, Suite 400, Denver, Colorado 80228, (303) 986-1551. 3. Type of Application: Application for Water Rights. 4. Conditional Type of Application: Cherry Knolls Irrigation System consisting of Cherry Knolls Pond, Cherry Knolls Diversion and a pumping and water distribution system that withdraws water from Cherry Knolls Pond. 5. Locations: The named structures are shown on the map attached hereto as Exhibit A, and are more particularly described as follows: 5.1 The Cherry Knolls Pond is located in the N ½ of the SW ¼ of Section 25, Township 5 South, Range 68 West of the 6th P.M., at a point approximately 1380 feet east of the west section line of said Section 25 and 2320 feet north of the south section line of said Section 25, in Arapahoe County. 5.2 The Cherry Knolls Diversion will be located on the right bank of Big Dry Creek in Section 25, Township 5 South, Range 68 West of the 6th P.M., at a point approximately 1200 feet east of the west section line of said Section 25 and 1740 feet north of the south section line of said Section 25, in Arapahoe County. 6. Amounts: 6.1 Cherry Knolls Diversion: 2.0 cfs, Conditional, direct flow and periodic withdrawal for irrigation after temporary retention in Cherry Knolls Pond. 6.2 Cherry Knolls Pond: 8.0 acre-feet, Conditional, with right to fill and refill continuously. Off-channel storage filled by diversion at a maximum rate of 2.0 cfs from the Cherry Knolls Big Dry Creek Diversion structure. 7. Source: Big Dry Creek, a tributary of the South Platte River. 8. Use: 8.1 Uses: Irrigation, recreation, augmentation, exchange, wildlife, piscatorial and aesthetic purposes, storage for subsequent use for the stated purposes, along with the right to use and reuse to extinction. 8.2 Description of acreage to be irrigated: Approximately 24.5 acres of park land consisting of athletic fields, gardens and open space owned by Applicant and associated with its Cherry Knolls Park in the W/2 of Section 25, Township 5 South, Range 68 West of the 6th P.M., in Arapahoe County. 8.3 Other stated uses: Applicant intends to capture water when in priority to fill, refill and maintain maximum water levels in the pond for aesthetic, recreational, piscatorial and wildlife purposes and to provide a source of water for the irrigation system. Applicant intends to also release water from storage to provide supplemental water as needed for augmentation and exchange purposes. Applicant may capture irrigation return flows resulting from the application of nontributary water at the South Suburban Golf Course and other upstream properties for irrigation and the other uses claimed herein. Applicant may also place direct withdrawals of nontributary water by exercise of its nontributary ground water rights at Cherry Knolls Park (decreed in Case No. 90CW004) for irrigation and the other uses claimed herein. 9. Appropriation: 91. Date of Appropriation: August 15, 2001 for both structures. 9.2 How appropriation was initiated: By field observation and location of the claimed diversion point, District staff conversations with the Water Commissioner and installation of temporary diversion structure (temporary pump) from Big Dry Creek to place water in Cherry Knolls Pond. 10. For storage rights:


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The claimed storage right pertains to an existing pond located in Cherry Knolls Park. The pond is an off-channel storage structure currently used to provide wildlife and aesthetic benefits for Cherry Knolls Park. 10.1 Surface area at high water line: Approximately 1.3 acre. 10.2 Maximum height of dam: N/A. 10.3 Length of dam: N/A. 10.4 Total capacity of reservoir: Approximately 9.0 acre-feet. 10.5 Active capacity: Approximately 4.0 acre-feet. 10.6 Dead storage: Approximately 5.0 acre-feet. 11. Name and address of owner of land on which structures are located: Applicant is owner of the land upon which the named structures are located. 12. Remarks: The water rights claimed herein are necessary for continued filling of the existing Cherry Knolls Pond for the above-stated purposes. A structure enabling gravity-flow diversions from Big Dry Creek to Cherry Knolls Pond shall be utilized at the claimed point of diversion. Cherry Knolls Big Dry Creek Diversion shall provide water to the Cherry Knolls Pond, from which releases may be made as needed for irrigation, augmentation or exchange. Water diverted and retained in Cherry Knolls Pond for irrigation use within a 3-day period shall be considered an exercise of the direct flow irrigation right rather than the storage right and therefore shall not be counted against annual fill limits. The diversion structure and pond are parts of an integrated surface water system operated by the South Suburban Park and Recreation District. The surface water system shall be operated in conjunction with Applicant’s Denver Basin ground water rights, and such rights may eventually be used to store water in Cherry Knolls Pond. Therefore, the pond may be filled and refilled by surface or ground water sources depending on operational demands and the senior call administration on Big Dry Creek. This application does not seek rights of exchange or a plan for augmentation. Any augmentation or exchange use of the water diverted by exercise of the subject water rights shall be the subject of a separate decree of the water court. The applicant owns and operates an augmentation plan decreed in Case No. 92CW166 that allows diversion, replacement and exchange of water at several locations along Big Dry Creek, including Cherry Knolls Park. 13. Prayer for Relief: 13.1 Applicant respectfully requests the court to grant a decree for the requested conditional water rights at the rates, volumes and locations specified herein. 13.2 Applicant respectfully requests the court to grant such additional relief that it deems necessary and appropriate to further the purposes of the diversion systems requested herein. (6 pages including Exhibit)

2002CW176 CONCERNING THE APPLICATION FOR WATER RIGHTS OF SOUTH SUBURBAN PARK AND RECREATION DISTRICT, IN ARAPAHOE COUNTY

1. Applicant: South Suburban Park and Recreation District, 6631 South University Boulevard, Centennial, Colorado 80121, (303) 798-5131. 2. Attorney: Evan D. Ela, Esq., Collins Cockrel & Cole, 390 Union Boulevard, Suite 400, Denver, Colorado 80228, (303) 986-1551. 3. Type of Application: Application for Water Rights. 4. Conditional Type of Application: Wynetka Pond Park Irrigation System consisting of Wynetka Pond and a pumping and water distribution system that withdraws water from Wynetka Pond. 5. Locations: The named structure is shown on the map attached hereto as Exhibit A, and is more particularly described as follows: 5.1 The Wynetka Pond will be located in the S/2 of Section 18, Township 5 South, Range 68 West of the 6th P.M., at a point approximately 1300 feet west of the east section line of said Section 18 and 445 feet north of the south section line of said Section 18, in Arapahoe County. 6. Amounts: 6.1 Wynetka Pond: 9.38 acre-feet, Conditional, with right to fill and refill continuously. 6.2 Wynetka Pond Park Irrigation Diversion: 2.13 cfs, Conditional, direct flow and periodic withdrawal from temporary retention in Wynetka Pond. 7. Source: An unnamed tributary of the South Platte River. 8. Use: 8.1 Uses: Irrigation, recreation, augmentation, exchange, wildlife, piscatorial and aesthetic purposes, storage for subsequent use for the stated purposes, along with the right to use and reuse to extinction.


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8.2 Description of acreage to be irrigated: Primary irrigation of approximately 38 acres of park land consisting of athletic fields, historical farm grounds, gardens and open spaces owned by Applicant and associated with its Wynetka Ponds Park in the SE/4 of Section 18, Township 5 South, Range 68 West of the 6th P.M., in Arapahoe County. Supplemental irrigation of Applicant’s Bowles Grove Park and Centennial Golf Course properties located in the SW/4 and E/2 of Section 17, Township 5 South, Range 68 West of the 6th P.M., in Arapahoe County. 8.3 Other stated uses: Applicant intends to capture water when in priority to fill, refill and maintain maximum water levels in the pond for aesthetic, recreational, piscatorial and wildlife purposes and to provide a source of water for the irrigation system. Applicant intends to also release water from storage to provide supplemental water as needed for irrigation of Bowles Grove Park and Centennial Golf Course, for storage in Bowles Grove Pond and Centennial Golf Course Ponds, and for augmentation and exchange purposes. Applicant may also capture releases of water allocated to its ownership interest in the Joseph W. Bowles Reservoir Company for irrigation and the other uses claimed herein. 9. Appropriation: 9.1 Date of Appropriation: March 22, 2002. 9.2 How appropriation was initiated: By field observation, survey of the pond site and design of improvements to the existing Wynetka Pond. 10. For storage rights: The claimed storage right pertains to an enlarged pond planned for construction in Wynetka Ponds Park known as Wynetka Pond. 10.1 Surface area at high water line: Approximately 1.31 acres. 10.2 Maximum height of dam: Approximately 16.0 feet. 10.3 Length of dam: Approximately 200 feet. 10.4 Total capacity of reservoir: Approximately 9.38 acre-feet. 10.5 Active capacity: Approximately 7.92 acre-feet. 10.6 Dead storage: Approximately 1.46 acre-feet. 11. Name and address of owner of land on which structures are located: Applicant is owner of the land upon which the named structure is located. 12. Remarks: The water rights claimed herein are necessary for continued filling of the existing Wynetka Pond in Arapahoe County, for filling and maintaining the enlarged Wynetka Pond and for augmentation of water use at this and the Applicant’s other properties. Withdrawals or releases from storage may be made as needed for irrigation, augmentation or exchange. Water diverted and retained in Wynetka Pond for irrigation use within a 3-day period shall be considered an exercise of the direct flow irrigation right rather than the storage right and therefore shall not be counted against annual fill limits. Wynetka Pond is part of an integrated raw water system operated by the South Suburban Park and Recreation District. The Applicant’s raw water system includes the raw water irrigation systems that serve Centennial Golf Course and Bowles Grove Park, which also includes the District’s water rights in the Nevada Ditch and the Joseph W. Bowles Reservoir Company. Therefore, Wynetka Pond may be alternatively filled and refilled by water sources other than the rights claimed herein depending on operational demands and the senior call administration on the South Platte River. This Application does not seek rights of exchange or a plan for augmentation. Any use of the water diverted by exercise of the subject water rights for augmentation or exchange shall be the subject of a separate decree of the water court. 13. Prayer for Relief: 13.1 Applicant respectfully requests the court to grant a decree for the requested water rights at the rates and locations specified herein. 13.2 Applicant respectfully requests the court to grant such additional relief that it deems necessary and appropriate to further the purposes of the diversion systems requested herein. (6 pages including Exhibit).

YOU ARE HEREBY NOTIFIED THAT YOU HAVE, until the last day of November, 2002 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why a certain application should not be granted or why it should be granted only in part or on certain conditions. A copy of each statement of opposition must also be served upon the Applicant or the Applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP.


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(Filing fee: $45.00). MARY A. CRESPIN, Water Clerk, Water Division 1, POB 2038, Greeley, CO 80632. RULINGS FOR SEPTEMBER 2002-09-04 94 CW 62 COOLEY GRAVEL COMPANY 95CW257 COLO WATER CONSERVATION BOARD 96CW492 JOHANI FAMILY REVOCABLE LIVING TRUST 96CW493 MARY R. HOOD AND CANDICE S. WILLS 96CW494 RALPH E. BACHUS 01CW235 THE CONIFER WATER ASSOCIATION 96CW498 ELAINE EDINBURG 96CW499 MARTA DICARLO TRUST 96CW500 PHILIP AND MARY BETH PACSI 96CW502 JANET AND JOHN KURTZ 96CW504 MARION AND LOUISE SKINNER 96CW550 BARRETT AND PATRICIA BENSON 96CW625 DAVID AND RACHEL MARKWELL 96CW626 CHARL AND MARGARET REINBOLD 96CW645 PATRICIA E. AND PATRICIA C. ZUELSDORF 96CW650 EDDIE B. AND SANDRA A. GALLEGOS 96CW687 LOUIS AND ELIZABETH MCKAY 96CW688 LOUIS AND ELIZABETH MCKAY 96CW700 CHARLES AND MARGARET HILL 96CW712 VICTORIA S. SIGLER 96CW758 JOYCE K. JENKS 96CW812 ANDY VIKSNE 96CW816 CLAUDIA A. LARSON-LEE 96CW844 STEVE AND AMY TUMATH 96CW851 O. ROBERT AND LEE ANN GUSTAVSON 96CW859 GARY AND JANIS JOHNSEN 96CW868 GARY AND PATRICIA KOERNER 96CW871 PETER CHRISTENSEN 96CW887 JOHN AND SHIRLEY MITCHELL 96CW903 EVELYN OWEN 00CW218 CCWCD 00CW254 TODD CREEK FARMS METRO. DIST. 01CW9 CAMAS COLORADO 96CW934 THIELE 96CW987 TREVINO 96CW999 KADOW 96CW1003 BUDZ 96CW1004 HERBST 96CW1083 HAHN REVOCABLE TRUST 98CW432 HELDT 98CW440 CITY AND COUNTY OF DENVER 98CW441 CITY AND COUNTY OF DENVER 98CW442 CITY AND COUNTY OF DENVER 98CW443 CITY AND COUNTY OF DENVER 00CW151 MCCANN 00CW153 MAHER (REVISED) 00CW216 SHEELEY 01CW52 COTTONWOOD W/S DIST. 00CW174 MOUNTAIN MUTUAL RES. CO., KEEL 01CW228 KIRBY 01CW164 BUCK MILLENNIUM TRUST 00CW41 PINE CREEK


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00CW189 STERLING READY MIXED 00CW248 JONES 01CW73 MOBILE PREMIX CONCRETE 01CW155 BRAND AND COMPANY 01CW177 NELSON 87CW235 CITY OF LONGMONT 98CW326 OTTO 00CW68 JRW FAMILY LTD PARTNERSHIP 01CW35 WAKE LLP 01CW122 MILLER 02CW11 DOUGLASS RANCH PROPERTY 00CW199 BOX ELDER RANCH 00CW201 CAMPBELL DEVELOPMENT 01CW40 JEFFERSON COUNTY SCHOOL DISTRICT R-1 01CW95 TRENARY 01CW106 LIERMAN 01CW107 ECKBERG 01CW109 JENSEN 01CW126 KRUEGER 01CW127 KAISER 01CW128 MCCAULEY FAMILY TRUST 01CW129 HEINTZELMAN 01CW130 SIMON TRUST 01CW131 MEDLOCK 01CW141 ALEXANDER FAMILY TRUST 00CW128 CASTLE PINES METRO DIST. & CPV, INC. 01CW157 BOONE 01CW158 BOONE 01CW159 FORTE 01CW165 CIMARRON PARK, LLC. 01CW166 CONSOLIDATED MUTUAL WATER CO. 01CW190 BROADWAY INVESTEMENT CORP. 01CW211 MULVIHILL 01CW212 TREVEY/MTVENTURES DECREES ENTERED BY JUDGE HAYS September 5, 2002 98CW247 WEST FARM LLC WELD 9 PGS 98CW295 GASP SEDGWICK 5 PGS DECREE ENTERED BY JUDGE HAYS September 13, 2002 01CW064 MAYA WATER, INC. JEFFERSON 10 PGS DECREE ENTERED BY JUDGE HAYS September 16, 2002 91CW126 CITY OF THORNTON ADAMS & 28 PGS

Documents

September, 2002 Resume - CO Courts€¦ · September, 2002 Resume 2 subject wells will not exceed the pumping rate specified on the well permit for each well. 8. Proposed use: A