1  

DISTRICT COURT, WATER DIVISION 1, COLORADO JUNE 2016 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of JUNE 2016 for each County affected.

16CW16 BRUCE B AND JANET S CALDER, 25541 CR 74, Eaton, CO 80615. 970-454-3790. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 4-21-04 in case 97CW5, WD1. Subsequent decrees: Date of decree 6-18-10 in case 10CW95, WD1. Calder Well located SW1/4, NE1/4, S15, T9S, R74W of the 6th PM. 606 Copenhaver Drive, Lost Park Ranch Subdivision, Lot 246. Source: Groundwater. Appropriation date: 6-30-77. Amount: 0.033 cfps (15 gpm), Conditional. Use: Household only in a single family dwelling. 16CW17 MARCIA J LOGAN REVOCABLE TRUST, Marcia J Logan, 1360-C Raven Circle, Estes Park, CO 80517. APPLICATION FOR FINDING OF REASONABLE DILILGENCE IN PARK COUNTY. Date of original decree: 3-25-04 in case 96CW968, WD1. Subsequent decrees: Date of decree 6-25-10 in case 10CW108. Logan Well located NE1/4, SE1/4, S8, T10S, R75W, 6PM at a distance 2630 ft. from S and 220 ft. from E. 8212 Remington Rd., Elkhorn Ranches Subdivision; Filing 2, Lot 99. Source: Groundwater. Appropriation date 2-28-75. Amount: .033 cfs (15 gpm), Conditional. Use: Household for single family dwelling, no irrigation. 16CW18 WILLIAM G. WORTHAM, 2902 Albin Dr., San Antonio, TX 78209. 210-364-6683 APPLICATION FOR FINDING OF REASONABLE DILILGENCE IN PARK COUNTY. Date of original decree 6-3-10 in case 10CW55, WD1. Well located NE1/4, NE1/4, S26, T9S, R75W of the 6th pm. Indian Mountain subdivision; Lot 214, filing 27. 510 Nez Perce Rd. Source: Groundwater. Appropriation date: 3-31-73. Amount: 15 gpm. Use: Household inside single family dwelling, not including irrigation. 16CW19 JAN AND KAREN SCHENCK, 302 Berthoud Way, Golden, CO 80401. 303-279-8285. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 1-15-04 in case 96CW509, WD1. Subsequent decree: 6-3-10 in case 10CW47, WD1. Schenck Well located SE1/4, SW1/4, S34, T9S, R75W of the 6th PM at a point approximately 160 ft. from S and 1870 ft. from W. Indian Mountain subdivision, Lot 67, Filing 18. 2671 Warrior Circle, Como, CO. Source: Groundwater. Appropriation date: 3-31-73. Amount: None listed. Use: Household, 1 single family dwelling. 16CW20 PATRICK TOVAAS, 302 Maestes St., Johnstown, CO 80534. 303-898-4289. APPLICATION TO MAKE ABSOLUTE IN WHOLE OR IN PART IN LARIMER COUNTY. Date of original decree: 6-10-10 in case 09CW103, WD1. Tovaas Spring located E1/2 of SE1/4, NW1/4, S28, T8N, R70W of the 6th PM at a distance 1515 ft. from N and 2039 ft. from W. Agricultural Land Parcel #08280-00-062, Schedule #R0694983. Source: Spring. Appropriation date: 7-1-08. Amount: 5gpm. Use: Water for livestock. 16CW21 HOLLY NICHOLSON-KLUTH AND ARLAN KLUTH, 7456 Chipmunk Pl., Littleton, CO 80125. 303-880-6696 or 303-880-0099. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 3-8-04 in case 96CW561, WD1. Subsequent decree: 6-4-10 in case 10CW72, WD1. Kluth Well located NE1/4 NW1/4, S23, T9S, R75W of the 6th PM. Indian Mountain subdivision, Filing 9, Lot 5. 312 Thunder Lane. Source: Groundwater. Appropriation date: 5-31-73. Amount: 15gpm. Use: Home and garden use for future cabin.

 

2  

16CW22 FRANK L AND RUTHANN B MACOLINI, 7350 s. Owens Ct., Littleton, CO 80127-6018. 303-955-6335. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 1-15-04 in case 96CW536, WD1. Subsequent decree: 6-16-10 in case 10CW15, WD1. Macollini Lot 264 Well located NW1/4, SE1/4, S10, T9S, R75W of the 6th PM at a point approximately 1880 ft. from S and 1850 ft. from E. Indian Mountain subdivision, Lot 264, Filing 26. 1840 Breton Circle, Como, CO. Source: Groundwater. Appropriation date: 3-31-73. Amount: 15gpm, Conditional. Use: Household only inside a single dwelling not including irrigation. 16CW23 FRANK AND RUTHANN MACOLINI, 7350 S. Owens Ct., Littleton, CO 80127-6018. 303-955-6335. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 1-15-04 in case 96CW537, WD1. Subsequent decree: 6-18-10 in case 10CW25, WD 1. Macolini Lot 265 Well located NW1/4, SE1/4, S10, T9S, R75W of the 6th PM at a point approximately 1220 ft from S and 1640 ft. from E. Indian Mountain subdivision, Lot 265, Filing 26. 1990 Breton Circle, Como, CO. Source: Groundwater. Appropriation date: 3-31-73. Amount: 15gpm, Conditional. Use: Household only inside a single dwelling not including irrigation. 16CW24 JEROME AND KATHERINE MERRICK, PO Box 206, Palmer Lake, CO 80133. 719-481-2133. APPLICATION TO MAKE ABSOLUTE IN WHOLE OR IN PART IN DOUGLAS COUNTY. Date of original decree: 6-10-10 in case 09CW118, WD1. M-1 Well located SW1/4, SE1/4, S32, T10S, R67W of the 6th PM at a distance 200 ft. from S and 2650 ft. from W. Source: Dawson Aquifer. Appropriation date: 5-29-84. Amount: 1 af per yr., Absolute. Depth: 440 ft. Use: Household use only. 16CW25 LEONEL AND NERI GOMEZ, 2828 E. 102ND Ave., Thornton, CO 80229. 303-669-2506. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 6-28-10 in case 10CW94, WD 1. Gomez Well located NW1/4, NW1/4, S6, T10S, R75W of the 6th PM. 15060 Elkhorn Rd., Elkhorn Subdivision, Lot 001.Source: Groundwater. Amount: 0.033 cfs, (15gpm) Conditional. Use: Household use only in a single family dwelling, not including irrigation. 16CW26 MPT TRUST AND GREGORY TEMPLE, PO Box 1732, Idaho Springs, CO 80452-1732. 720-838-6387. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 1-15-04 in case 96CW602, WD 1. Subsequent decree: 6-3-10 in case 10CW24, WD 1. MPT Trust Well located NW1/4, NW1/4, S35, T9S, R75W of the 6th PM. Indian Mountain subdivision: Lot 063. 174 Tombigee Ct. Source: Groundwater. Appropriation date: 3-31-73. Amount: 0.033 cfs (15 gpm), Conditional. Use: Household use only in a single family dwelling, not including irrigation. 16CW27 DAVID AND MARSHA SCHUMACHER, 783 Urban Ct., Golden, CO 80401. 303-232-2495. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 3-2-04 in case 96CW901, WD 1. Subsequent decree: 6-16-10 in case 10CW90, WD1. Schumacher Well located SW1/4, SE1/4, S1, T8S, R76W of the 6th PM. Michigan Hill subdivision, Lot 082; Filing 1. Source: Groundwater. Appropriation date: 5-31-79. Amount: 0.033 cfs (15 gpm). Use” Household use only in a single family dwelling, not including irrigation. 16CW28 MARK AND MARIE EBERLY, 8434 E. Otero Circle, Centennial, CO 80112-3313. 303-792-2048. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 10-1-73 in case W7389, WD1. Subsequent decree: 2-24-04 in case 96CW823, WD 1. Eberly Well located SW1/4, SE1/4, S25, T9S, R75W of the 6th PM approximately 150 ft. from S and 2662 ft. from W. Indian Mountain subdivision; Lot 084; Filing 25. 567 Longbow Drive, Como, CO. Source: Groundwater. Appropriation date: 3-31-73. Amount: 0.033 cfs (15 gpm). Use: Household use only in a single family dwelling, not including irrigation.

 

3  

16CW3079 ACKERMAN FAMILY FARMS AND RANCHES LLC, 17125 N. COUNTY RD. #5, WELLINGTON, CO 80549. 970-568-3995. APPLICATION FOR SIMPLE CHANGE OF IN SURFACE POINT DIVERSION PURSUANT TO C.R.S. §37-92-305(3.5). IN LARIMER COUNTY. Concerning the Application for Simple Change in Surface Point of Diversion Pursuant To § 37-92-305 (3.5), C.R.S., on behalf of Ackerman Family Farms & Ranches, LLC, owner of decreed right #23 in The Martin Calloway Ditch and Diversion Structure, with a priority date of March 1, 1868, as adjudicated in Civil Action 320 regarding a head gate located on the north side of Box Elder Creek, one and 3/4ths miles from the dwelling house of Mary E. Calloway, course easterly, with an amount of 913 cubic feet per minute (15.22 cfs) for irrigation and domestic purposes. Subsequently following a flood and washout of said head gate, a change in point of diversion for the above described water right was decreed in Civil Action No. 3118 changing the point of diversion to the north bank of the Box Elder Creek, which bears south 61° 6’ East, 2094 feet from the West quarter corner of Section 19, Township 11 North, Range 69 West of the 6th P.M. in Larimer County, Colorado. The location of this latter surface point of diversion as described herein remains of record; however, it is in operable due to the recent (2013) total washout necessitating a further change in the surface point of diversion of the above described water right, hence the following Application. 16CW3080 Riverside Irrigation District. 221 E. Kiowa Ave, Fort Morgan, CO 80701, (970) 867-6586; c/o Matthew A. Montgomery, Hill & Robbins, P.C., 1660 Lincoln St., Suite 2720, Denver, CO 80264, (303) 296-8100. Application for Finding of Reasonable Diligence in MORGAN AND WELD COUNTIES. 2. Name of Structure: Wildcat Reservoir. 3. Describe conditional water right giving the following from the Referee's Ruling and Judgment and Decree: a. Date of Original Decree: June 17, 1978; Case No. W-8098-75; Court: District Court, Water Division No. 1. b. Location: (1) Wildcat Reservoir is proposed to be located as follows: Beginning at a point from whence the NE Corner of Section 31, T5N, R57W, 6th P.M. bears north 17°00′ east 1350 feet; thence along the axis of the proposed dam north 65°30′ east approximately 5700 feet (bearings assume that the east line of said Section 31 bears north 0°00′ east. (2) Point of diversion to storage: The ditch to be used to fill the reservoir is the Riverside Canal, having a capacity of 1000 cfs at the point of diversion located on the north bank of the South Platte River near Kuner, Colorado, in the SW/4 SW/4, Section 20, T5N, R 63W, 6th P.M., Weld County Colorado. c. Source: Wildcat Creek drainage and the South Platte River. d. Appropriation Date: April 11, 1908; Amount: 60,500 acre-feet, conditional, to be diverted through the Riverside Canal at a maximum rate of 1000 cfs. e. Use: Irrigation, municipal, and industrial. 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 maintained and improved portions of the Riverside Canal and Riverside system which lie above the proposed location for Wildcat Reservoir; incurred expenses to improve the Reservoir diversion structure; and incurred expenses related to the design of a required spillway on Riverside Reservoir. One of the purposes of this work was to enhance the capability of the Riverside Canal to accommodate diversions to storage in Wildcat Reservoir. In addition, Applicant maintained the land on which Wildcat Reservoir will be constructed. Expenses incurred by Applicant and the Riverside Reservoir and Land Company during this diligence period related to the above-described work amount to approximately $3.6 million. Accordingly, Applicant requests that the Court enter a decree finding that the Applicant has exercised reasonable diligence in the development of the subject conditional water right. 5. Names(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool. All such land is owned by the Applicant and/or the following persons: James and Becky Whitney, 24592 Rd. 19, Fort Morgan, CO 80701; the Robert L. Twist Living Trust, 4612 E. Sparkling Ln., Paradise Valley, AZ 85253; and Longacre Ranch RLLP, 20531 Rd. Y, Fort Morgan, CO 80701.

 

4  

16CW3081, Irving Chang, 22479 E. Fair Place, Aurora, CO 80015 (James J. Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY UPPER AND LOWER ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY DENVER AQUIFERS, ADAMS COUNTY. 142.3 acres generally located in the NW1/4 and the W1/2NE1/4 of Section 6, T3S, R64W of the 6th P.M., as described and shown on Attachment A hereto ("Subject Property"). Source of Water Rights: The Denver aquifer is not nontributary as described in Sections 37-90-103(10.7), C.R.S., and the Upper and Lower Arapahoe and Laramie-Fox Hills aquifers are nontributary as described in Section 37-90-103(10.5), C.R.S. Estimated Amounts: Denver: 26 acre-feet (reduced amount for use through exempt wells), Upper Arapahoe: 29 acre-feet, Lower Arapahoe: 18 acre-feet, Laramie-Fox Hills: 34 acre-feet. Proposed Use: Domestic, commercial, industrial, irrigation, livestock watering, fire protection, and augmentation purposes, including storage, both on and off the Subject Property. Groundwater to be augmented: Approximately 26 acre-feet per year or the annual amount available to be decreed of the Denver aquifer groundwater as requested herein. Water rights for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. Statement of plan for augmentation: The Denver aquifer water will be used for inhouse use in up to 6 single family residences, use in barns and buildings, irrigation of lawn, garden, trees, pasture and hay on the Subject Property, stockwatering, fire protection, and storage. Applicant reserves the right to revise the amount and uses without having to amend the application or republish the same. Sewage treatment for inhouse use will be provided by non-evaporative septic systems and return flow from inhouse and irrigation use will be approximately 90% and 15% of that use, respectively. During pumping Applicant will replace an amount equal to 4% of the annual amount withdrawn to the affected stream system pursuant to Section 37-90-137(9)(c.5), C.R.S. Applicant estimates that depletions occur to the Box Elder Creek stream system. Return flows accrue to the South Platte River stream system, and those return flows are sufficient to replace the required amount while the subject groundwater is being pumped. Applicant will reserve an equal amount of nontributary groundwater underlying the Subject Property to meet post pumping augmentation requirements. Further, Applicant prays that this Court grant the application and for such other relief as seems proper in the premises. (6 pages). 16CW3082 (10CW57). Susan C. Pyne (“Applicant”) 8262 South Peninsula Drive, Littleton, CO 80120. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE WATER RIGHT ABSOLUTE IN PARK COUNTY, COLORADO. . CONCERNING THE APPLICATION FOR WATER RIGHTS OF SUSAN C. PYNE. DISTRICT COURT, WATER DIVISION NO. 1, STATE OF COLORADO, 901 9th Avenue, Greeley, CO 80631. 1. Name and address of Applicant: Susan C. Pyne (“Applicant”) 8262 South Peninsula Drive, Littleton, CO 80120. Direct all pleadings to: Steven J. Bushong, Corina A. Hach, Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, CO 80302. 2. Name of Structure: Pyne Well (formally known as the DePriest Well). 3. Description of Conditional Water Right: A. Original Decree. The DePriestWell was originally decreed by the District Court in and for Water Division No. 1 (the “Water Court”) in Case No. 96CW611 on March 16, 2004. A subsequent finding of reasonable diligence was made in Case No. 10CW57, in which the name of the well was changed to the Pyne Well. B. Legal Description of Structure. The decreed location of Pyne Well is in the SE1/4 of the SE1/4 of Section 15, Township 9 South, Range 74 West, 6th P.M., Park County, Colorado, in Lot 263, Filing 2, Lost Park Ranch Subdivision, having no physical address. C. Decreed Source. Groundwater. D. Date of Appropriation. June 30, 1977. E. Amount. 0.33 cubic feet per second (15 gallons per minute), conditional. F. Use. Household use only inside a single-family dwelling, not including irrigation. The return flow from such use shall be through an individual waste water disposal system of the non-evaporative type where the water is returned to the same stream system in which the well is located. G. Remarks. The subject well is covered under the augmentation plan approved in Case No. W-8573, dated October 30, 1978. In addition, Lot 263 in the Lost Park Ranch Subdivision

 

5  

now has a physical address: 711 Willow Way, Jefferson, CO 80456. 4. Claim to Make Water Right Absolute in Part: The Pyne Well (Well Permit No. 77528-F) was drilled and completed on October 27, 2014, and a Well Construction and Test Report was filed on October 29, 2014. A pump was installed on April 23, 2015, and a Pump Installation and Test Report was filed on the same date. Since that time, the well has been pumped and used for household purposes. In compliance with the augmentation plan approved in Case No. W-8573, the Applicant paid a filing fee to the Division 1 Water Court prior to receiving the well permit. The receipt for this filing is attached as Exhibit A. The approximate location of the Pyne Well as constructed is Latitude 39° 15.690’N, Longitude 105° 38.778’W, and is reflected in Exhibit B. The rate of diversion of the Pyne Well was measured at 7.5 gallons per minute. An affidavit describing the measurement is attached hereto as Exhibit C. 5. Detailed outline of work done to complete the project and apply water to beneficial use: With regards to the remaining conditional portion of the subject underground water right, the Applicant has diligently worked to complete the project and apply the full water right to beneficial use. The Applicant currently utilizes the property primarily during the summer months using an RV camper, but has completed numerous activities to prepare the site for a permanent residence, which, when constructed, will require the full decreed amount of water. Such activities, which are necessary prerequisites to applying the remaining subject conditional water right to beneficial use, include, but are not limited to: (a) obtaining the necessary well permit, drilling the subject well, and applying the water right to beneficial use; (b) building a permanent driveway; (c) installing a septic tank and field; and (d) connecting the Lot to power from the Intermountain Rural Electric Association. Such activities have cost about $63,000. The Applicant seeks a finding of reasonable diligence and a ruling retaining the conditional status of any remaining portion of the water right decreed to Pyne well that is not made absolute by a decree in this case. (7 pages) 16CW3083 Bear Creek Development Corporation. 16371 Morrison Road, P.O. Box 465, Morrison, CO 80465 (303) 697-1717; c/o Matthew A. Montgomery, Hill & Robbins, P.C., 1660 Lincoln St., Suite 2720, Denver, CO 80264, (303) 296-8100. Application for Finding of Reasonable Diligence in JEFFERSON COUNTY. 2. Name of structure: Quaintance Reservoir. 3. Description of conditional water right: A. Date of Original Decree: August 24, 1982; Case No.: 81CW450. Court: District Court, Water Division 1, State of Colorado. B. Location: Section 29, Township 4 South, Range 69 West, 6th P.M. Beginning at the S1/4 Corner of Section 29, N 0°00'00" E, 386 feet; thence, S 64°00'00" E, 64 feet to the beginning of the dam; thence, S 64°00'00" E, 558 feet to the beginning of a curve described with a radius of 400 feet, a delta of. 26°35'00", and a length of 185 feet: thence from the terminus of the curve, N 89°25'00" E, a distance of 228 feet to the end of the dam. Located on an unnamed dry wash, tributary to Bear Creek. C. Source: Bear Creek and natural runoff. D. Appropriation Date: January 3, 1981; Amount: 198 acre feet. E. Use: Irrigation, municipal, recreation, augmentation and exchange. 4. 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, the reservoir has been operated for its decreed purposes and used as a component of the water supply system of the Bear Creek Golf Course. During the diligence period, Applicant has expended approximately $4,362,000.00 in the operation and maintenance of the golf course and grounds, including the irrigation system, of which Quaintance reservoir is a major component. The Applicant intends to divert and beneficially use the portion of the water right that remains conditional, as hydrologic conditions permit. 5. If Claim to Make Absolute, Date and Amount of Water Applied to Beneficial Use: Not applicable. 6. Names and addresses of Owners of Land on which Storage Structure is or will be Located: Applicant is the owner of such land. 16CW3084, Clear Creek County, Bard Creek. Application for Findings of Reasonable Diligence in CLEAR CREEK COUNTY. Harlan Pals & Associates, Inc., c/o Jeff Houpt & Ryan Jarvis of Beattie, Chadwick & Houpt, 932 Cooper Ave, Glenwood Springs, (970) 945-8659. All structures: Original decree entered 10/08/03 in Case No. 97CW394; subsequent decree entered on 06/16/10 in Case No. 09CW159. Appropriation date: 12/31/97. Douglas Mountain Ranch Reservoir: Location: In the SE1/4 of Sec 28 and

 

6  

SW1/4 of Sec 27, T 3 S, R 74 W, 6th PM on the easterly portion of Government Lot 37, Sec 28, T 3 S, R 74 W, 6th PM, and on westerly portion of Government Lot 49, Sec 27, T 3 S, R 74 W, 6th PM, Clear Creek County, Supplemental Plat of said Sec 27 and 28 approved by the U.S. Surveyor General’s Office on 09/25/22 and of record with the BLM. Source: Bard Creek and its tributaries above Douglas Mountain Ranch Reservoir. Amount: 525 af, conditional, for initial filling, and 525 af, conditional, for refill right to be diverted to storage at rates up to 10.0 cfs. Max high water line: 13 acres. Total active capacity: 525 af. Use: Domestic, sanitary, irrigation, stockwatering, commercial, recreational (including fishery and wildlife), in-stream uses in streams artificially created by Applicant, artificial wetland creation and preservation, fire protection and the maintenance of adequate storage reserves. Applicant may use such water for: immediate application to beneficial uses; storage and subsequent application to beneficial uses; exchange purposes; and for the replacement or augmentation of diversions and depletions resulting from the use of water by Applicant on the proposed Douglas Mountain Ranch and Preserve Development. Applicant may use, re-use, and successively use such water to extinction. Approximately 58.4 acres are proposed to be irrigated by such rights within Applicant’s land in the S1/2 Sec 27 and 28, T 3 S, R 74 W, 6th PM. Owner of land: Applicant. Douglas Mountain Ranch Reservoir Collection System: Collection System will begin at a point on the east bank of Bard Creek in SE1/4SW1/4 of Sec 28, T 3 S, R 74 W, 6th PM, 1,400 ft from W line and 900 ft from S line of said section. Source: Bard Creek. Amount: 10 cfs, conditional. Use: Domestic, sanitary, irrigation, stockwatering, commercial, recreational (including fishery and wildlife), in-stream uses in streams artificially created by Applicant, artificial wetland creation and preservation, fire protection and the maintenance of adequate storage reserves. Applicant may use such water for: immediate application to beneficial uses; storage and subsequent application to beneficial uses; exchange purposes; and for the replacement or augmentation of diversions and depletions resulting from the use of water by Applicant on the proposed Douglas Mountain Ranch and Preserve Development. Applicant may use, re-use, and successively use such water to extinction. Irrigated area is same as above. Owners of land: Ann and William Sparks, PO Box 132, Empire, CO 80439. Douglas Mountain Reservoir Exchange: Applicant may divert and store waters of Bard Creek by upstream exchange based upon releases of water from storage in Douglas Mountain Ranch Reservoir. Applicant may from time to time need to refresh the water in such reservoir with water from Bard Creek that would not otherwise be available for diversion without the operation of the exchange. The exchange will operate from the reservoir release point on the West Fork of Clear Creek to its confluence with Bard Creek, and thence up Bard Creek to the point of diversion therefrom of the Douglas Mountain Ranch Reservoir and its Collection System. Max exchange rate: 10 cfs, conditional. Use: See above. The Application on file with the court includes a list of activities demonstrating diligence. (7 pages) 16CW3085, Thomas Patrick Svoboda, 34357 County Road 385, Iliff, CO 80736. Please send correspondence and pleadings to: David P. Jones and Wesley S. Knoll, Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO 80534. Phone: 970-622-8181; david@ljcglaw.com, wes@ljcglaw.com. CONCERNING THE APPLICATION FOR WATER RIGHTS IN LOGAN COUNTY. 2. Prior Decrees: The Svoboda Recharge System was awarded conditional decrees for recharge and an appropriative right of substitution and exchange in Case No. 96CW120, Water Division No. 1, by decree dated June 14, 2002. The right to recharge up to a maximum of 3,000 acre-feet per year was made absolute, and a finding of reasonable diligence was entered for the conditional appropriative right of substitution and exchange for up to 3,000 acre feet in Case No. 08CW138, Water Division 1 by decree dated June 4, 2010. 3. Conditional Appropriative Right of Substitution and Exchange Information from Original Decree, Case No. 96CW120: 3.1 Name of Structure: Svoboda Recharge System, State Engineer ID No.2488, Appropriative Right of Substitution and Exchange 3.1.1 Legal Description of Appropriative Right of Substitution and Exchange Reach Pursuant to C.R.S. §37-80-120(4): The exchange reach is on the South Platte River and in its alluvium from location of Pumping Plant No. 1 (being in the SE1/4 of the SW1/4 of Section 26, Township 10 North, Range 50 West of the 6th P.M., at a point 750 feet from the South section line and 2,590 feet from the West section line) on the upstream terminus to the East line of Section 19, Township 10 North, Range

 

7  

49 West of the 6th P.M. on the downstream terminus. The exchange reach is depicted on Exhibit A. The described exchange reach was decreed conditional, with the upstream terminus of the exchange reach to be ultimately limited by the actual location of Pumping Plant No. 1, which must remain within 100 feet of the South Platte River, unless another location is approved by a future decree of this Court. Pumping Plant No. 2 is located in the SE1/4 of the SW1/4 of Section 26, Township 10 North, Range 50 West of the 6 P.M., at a point 690 feet from the South section line and 1,590 feet from the West section line. However, applicant shall not exchange to the Pumping Plant No. 2 unless it is relocated within 100 feet of the South Platte River and, if such relocation is more than 200 feet from the foregoing described location, the relocation must also be approved by a future decree of this Court. 3.1.2 Source: South Platte River and the alluvial aquifer of the South Platte River. 3.1.3 Date of Appropriation: August 22, 1995. 3.1.4 Amount: 3,000 acre feet per year conditional. 3.1.5 Use: The two pumping plants divert water at rates up to 5.55 cubic feet per second each (2,500 gallons per minute). Applicant’s plan includes the recapture of excess accretions by making additional diversions at the two pumping plants described above and/or additional or replacement pumping plants to be constructed in the future, and or by substituting or exchanging such water to other water users in the area for all decreed uses of the Svoboda Recharge System. Construction of any new or replaced wells or recharge facilities shall be subject to the conditions of the decree in Case No. 96CW120. 4. Outline of What Has Been Done Toward Completion: 4.1 Administration and Accounting: Applicant’s activities have been carried out under the administration of the local Water Commissioner and written monthly accounting reports and annual augmentation forecasts have been filed with Division Engineer for Water Division No. 1 as required by the decree in Case No. 96CW120. During the diligence period Applicant worked with the Water Commissioner to develop accounting for daily exchange within the exchange reach. 4.2. Operation of Appropriative Right of Substitution and Exchange: Applicant re-captured excess accretions which accrued to the South Platte River from the Svoboda Recharge System at such times recapture was available pursuant to the decree in Case No. 96CW120. During Water Year 2013 (November 1, 2012 through October 31, 2007), Applicant operated his appropriative right of substitution and exchange to pump 145.3 acre feet of re-timed water at Pumping Plant No. 1 (as described above). Accounting Records were filed with the Division of Water Resources and are on file with Applicant. 5. Claim to Make Absolute: Applicant seeks to make 145.3 acre feet of the appropriative right of substitution and exchange absolute, and continuing the remaining portion as conditional. The original format of this application is four (4) pages in length. 16CW3086 (2006CW288) THE CITY AND COUNTY OF BROOMFIELD, c/o Director of Public Works, One DesCombes Drive, Broomfield, CO 80038-1415, (303) 438-6348, dallen@ci.broomfield.co.us. Harvey W. Curtis, Esq., Harvey W. Curtis & Associates, 8310 South Valley Highway, Suite 230, Englewood, CO 80112, (303) 292-1144, hcurtis@curtis-law.com. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN WELD COUNTY. 2. NAME OF CONDITIONAL WATER RIGHTS: Heit Pit Storage Right; South Platte - Little Dry Creek Exchange. 3. DATE OF ORIGINAL DECREE: June 4, 2010, Case No. 2006CW288, District Court for Water Division No. 1, State of Colorado. 4. DESCRIPTION OF CONDITIONAL WATER STORAGE RIGHT: 4.a. Name of Reservoir: Heit Pit. 4.b. Legal Description of Reservoir: Heit Pit is a gravel pit reservoir constructed with a slurry wall, currently being mined, and located in the South Half of the Northeast Quarter, and the North Half of the Southeast Quarter of Section 13, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado, more particularly described on Exhibit A hereto. A map of the subject property is attached as Exhibit B hereto. 4.c. Legal Description of Diversion Point(s) for filling structures: 4.c.(1) Lupton Bottom Ditch, whose headgate is located just north of Wattenburg, Colorado on the west bank of the South Platte River in the Northwest Quarter of the Northwest Quarter of the Southwest Quarter of Section 19, Township 1 North, Range 66 West, of the 6th P.M. 4.c.(2) Meadow Island No. 1 Ditch, whose headgate is located on the northwest bank of the South Platte River in the Southwest Quarter of Section 19, Township 2 North, Range 66 West, of the 6th P.M. 4.c.(2)(i) The South Platte Wellfield/Wells, located on the west bank of the South Platte River in the Southwest 1/4 of Section 18 and part of the Northeast 1/4 of the Northwest 1/4 of Section 19, Township 2 North, Range 66 West of

 

8  

the 6th P.M, were decreed in Case No. 2009CW96 as alternate points of diversion for the Meadow Island No. 1 Ditch as a filling structure for the Heit Pit storage rights. The location of the South Platte Wellfield/Wells is shown on Exhibit C hereto. 4.c.(3) The Little Dry Creek Diversion, to be located in the West Half of the Southeast Quarter of Section 13, Township 2 North, Range 67 West, of the 6th PM, will be a surface diversion from Little Dry Creek. 4.d. Source of Water: The South Platte River and its tributaries, including Little Dry Creek and Big Dry Creek. 4.e. Date of Appropriation: August 4, 2006. 4.f. Amount: The amount of water decreed is: One fill of 1,560 acre feet, conditional, with the right to continuous refills totaling 1,560 acre-feet in a given year, for a total amount of water that can be stored in one year of 3,120 acre-feet. Water stored under the first fill and the refills of the 2006CW288 right in the previous year which remains in storage at the beginning of the new accounting year shall be considered to be carryover storage against the first fill in the new accounting year. Fully consumable or reusable water stored in Heit Pit at the beginning of the water storage year which is not stored under the subject 2006 Heit Pit storage rights shall not automatically count against Broomfield’s 2006 first fill right. However, once the first fill right is filling in priority and there is insufficient capacity in the reservoir for the first fill right and the fully consumable or reusable water, Broomfield must then choose whether to book over the fully consumable or reusable water and count it against the 2006 first fill or release it from Heit Pit. Any such water that is booked over shall be considered to be and accounted for as first fill water and counted against the first fill right in Broomfield’s accounting. The filling structures are: the Lupton Bottom Ditch at a filling rate of 115 c.f.s. from the South Platte River and Big Dry Creek; the Meadow Island No. 1 Ditch at a filling rate of 50 c.f.s. from the South Platte River; and the Little Dry Creek Diversion at a filling rate of 31 c.f.s. from Little Dry Creek. The South Platte Wellfield/Wells were decreed as alternate points of diversion for the Meadow Island No. 1 Ditch as a filling structure for the Heit Pit storage rights at a rate of 10 c.f.s. out of the 50 c.f.s. decreed to the Meadow Island No. 1 Ditch as a filling structure for the Heit Pit storage rights. Broomfield shall perform an as-built survey of Heit Pit after all mining and reservoir construction is completed and, in the first proceeding for a finding of reasonable diligence or to make the water right absolute after said completion, shall reduce the 1,560 acre-feet amount for the one fill and the 1,560 acre-feet amount for the continuous refills to be each equal to the capacity of Heit Pit as determined by the as-built survey. However, the 1,560 acre-feet for the one fill and the 1,560 acre-feet for the continuous refills will not be increased if the survey shows the as-built capacity exceeds 1,560 acre-feet. The Heit Pit is currently being mined and will not be completed as of the date of this application. 4.g. Use: All municipal purposes, including irrigation, lake level maintenance, domestic, industrial, industrial and mining uses in conjunction with gravel mining operations, dust suppression, reclamation, sand and gravel washing, commercial, fire protection, stockwatering, recreation, piscatorial, storage and all other municipal purposes. The water will also be used for exchange, for replacement, and for augmentation purposes, including, but not limited to, the exchanges decreed in Case No. 98CW436, the exchanges decreed in Case No. 2004CW310, replacement of return flows for the water rights changed in Case No. 2005CW290, and the augmentation plan decreed in Case No. 2009CW96. Applicant has the right to use, reuse, successively use and dispose of, by sale, exchange or otherwise, to extinction all water lawfully diverted and/or impounded pursuant to the decree entered in Case No. 2006CW288. 4.h. Place of use. The place of use for the conditional water storage right is any place served in the present or in the future by the City and County of Broomfield. 5. DESCRIPTION OF CONDITIONAL APPROPRIATIVE RIGHT OF SUBSTITUTION AND EXCHANGE. 5.a. Name of structure: South Platte - Little Dry Creek Exchange. 5.b. Location of Exchange Reach: The South Platte-Little Dry Creek Exchange reach extends from the confluence of Little Dry Creek and the South Platte River, described in paragraph 5.b.(1), below, up Little Dry Creek to the Little Dry Creek Diversion described in paragraph 4.c.(3), above. Under the exchange, Applicant will divert by exchange up to 31 c.f.s. of water from Little Dry Creek at the Little Dry Creek Diversion. Substitute supplies will be made available from the sources described in paragraph 5.c., below, above the calling right when this exchange is operated. 5.b.(1) Downstream terminus of exchange (exchange-from point): The confluence of Little Dry Creek and the South Platte River is located on the west bank of the South Platte River in the South Half of the Northeast Quarter of Section 12, Township 2 North, Range 67 West of the 6th PM. The approximate location of said point is shown on Exhibit B hereto. 5.b.(2) Upstream terminus of exchange (exchange-to

 

9  

point): The Little Dry Creek Diversion described in paragraph 4.c.(3), above. 5.c. Source of substitute supply: 5.c.(1) Consolidated Mutual Effluent released to the South Platte River at the Perry Pit, Metro Wastewater Treatment Plant (a/k/a the Robert W. Hite Treatment Facility), and/or the proposed 2nd Metro Plant (a/k/a the Northern Treatment Plant). 5.c.(2) Windy Gap Effluent released at Broomfield’s Wastewater Reclamation Facility, and/or Great Western Reservoir into Big Dry Creek and/or Koenig Pit released to Little Dry Creek and/or South Platte River. 5.c.(3) Direct flow right decreed in Case No. 98CW346 and direct flow rights decreed in Case No. 2004CW310, released into Big Dry Creek. 5.c.(4) Fully consumable water from the water rights that have been decreed in Case No. 2005CW290, released to the South Platte River and/or Little Dry Creek directly or from storage in Koenig Pit. 5.c.(5) Fully consumable water from Walnut Creek, decreed in Case No. 2008CW02, released to Great Western Reservoir by the Department of Energy and delivered to Big Dry Creek. 5.c.(6) Broomfield lawn irrigation return flows returning to Big Dry Creek, once the same are quantified and decreed in a separate proceeding. 5.c.(7) Storage rights decreed in Case No. 81CW463. 5.c.(8) City of Aurora effluent pursuant to Broomfield’s agreement with Aurora dated November 3, 2009. 5.c.(9) Additional future substitute supplies obtained by Broomfield pursuant the terms and conditions of the decree in Case No. 2006CW288. 5.d. Date of Appropriation: December 28, 2006. 5.e. Amount: 31 c.f.s., conditional, for the South Platte - Little Dry Creek Exchange. At times, this exchange may be operated in conjunction with the exchanges decreed in Case No. 2004CW310 and the exchanges decreed in Case No. 98CW436. 5.f. Use: All municipal purposes, including irrigation, lake level maintenance, domestic, industrial, industrial and mining uses in conjunction with gravel mining operations, dust suppression, reclamation, sand and gravel washing, commercial, fire protection, stockwatering, recreation, piscatorial, storage and all other municipal purposes. The water will also be used for exchange, for replacement, and for augmentation purposes, including, but not limited to, the exchanges decreed in Case No. 2004CW310, the exchanges decreed in Case No. 98CW436, and replacement of return flows for the water rights changed in Case No. 2005CW290. Applicant has the right to use, reuse, successively use and dispose of, by sale, exchange or otherwise, to extinction all water lawfully diverted and/or impounded pursuant to the decree entered in Case No. 2006CW288, provided the substitute supply used in the exchange is fully consumable or reusable water. 5.g. Place of use: The place of use for the appropriative right of substitution and exchange decreed in Case No. 2006CW288 is any place served in the present or the future by the City and County of Broomfield. 6. 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. 6.a. During the diligence period of July 1, 2010 through the filing of this application, Broomfield has incurred $515,861, more or less, in attorney’s fees and costs in efforts related to the water rights which are subject of this application, the related water cases described below, opposing other entities’ water cases to protect the subject water rights and related water rights, planning for the construction of the Heit Pit and its inlet and outlet works, and in obtaining easements for construction of the inlet and outlet works and of the South Platte Wellfield. Further, during the diligence period Broomfield has incurred $1,002,000, more or less, in engineering fees for: overall water supply planning for the non-potable system and evaluating the dependable yield of Broomfield’s water supplies, including the yield of the water rights decreed in Case No. 2006CW288; assisting Broomfield in evaluating impacts of water court filings by other water users, supporting legal counsel with statements of oppositions and engineering, and preparing terms and conditions to protect Broomfield’s water rights; assisting Broomfield with its other water court activities related to Case No. 2006CW288, Case No. 2004CW310 (exchanges and direct flow water rights), Case No. 2005CW290 (change of irrigation rights), Case No. 2009CW96 (South Platte Wellfield and Heit Pit Refill Right), and 2009CW23 (exchanges and direct flow water rights); completing initial design and permitting activities to construct the Heit Pit inlet and outlet facilities and the associated wellfield; and providing unit water demands and water source yield estimates which include the Case No. 2006CW288 water rights for the Broomfield Non-Potable Water Master Plan. The water storage right and appropriative right of substitution and exchange decreed in Case No. 2006CW288 are components of Broomfield’s reclamation system, which diverts water for irrigation of parks, open spaces, and recreation facilities throughout Broomfield. During

 

10  

the diligence period, the City and County of Broomfield has spent in excess of $11,180,040 on its water reclamation project of which the subject water rights are a part, including the following activities: 6.a.(1) Planning, design and construction of Heit Pit, wellfield and diversion facilities: $223,602; 6.a.(2) Reuse lines construction, operation, and maintenance: $9,438,577. 6.a.(3) Engineering: $1,002,000 (as detailed above). 6.a.(4) Legal: $515,861 (as detailed above). 6.b. During the diligence period, Applicant obtained the following Water Court decrees related to the conditional water rights in this application: 6.b.(1) Case No. 2009CW23 (98CW436), entered September 27, 2011. 6.b.(2) Case No. 2010CW296 (81CW463), entered October 18, 2011. 6.b.(3) Case No. 2009CW96, entered November 23, 2011. 6.b.(4) Case No. 2015CW3070, stipulated ruling filed with the Court on April 11, 2016. 6.c. During the diligence period, Applicant has participated as an objector in numerous Water Court applications for the protection of the water rights in Case No. 2006CW288. 7. NAMES AND ADDRESSES OF OWNERS OR REPUTED OWNERS OF THE LAND UPON WHICH ANY NEW DIVERSION OR STORAGE STRUCTURE OR MODIFICATION TO ANY EXISTING DIVERSION OR STORAGE STRUCTURE OR EXISTING STORAGE POOL IS OR WILL BE CONSTRUCTED OR UPON WHICH WATER IS OR WILL BE STORED. 7.a. Heit Pit. Applicant. 7.b. Meadow Island No. 1 Ditch headgate. Meadow Island No. 1 Ditch Company, 9826 Highway 66, Platteville, Colorado 80651. 7.c. Lupton Bottom Ditch headgate. Lupton Bottom Ditch Company, 11016 Weld County Road 23, Ft. Lupton, Colorado 80621. 7.d. Little Dry Creek Diversion Point. Meadow Island No. 1 Ditch Company, c/o Richie Pyeatte, 9826 Highway 66, Platteville, Colorado 80651; Heit Farm Ltd. LLP, 4520 County Road 27 Fort Lupton, Colorado 80621-8369; Applicant. 7.e. South Platte Wellfield/Wells. Robert M. Stahl and Mary E. Stahl, 9378 Weld County Road 25, Fort Lupton, Colorado 80621; and Christine J. Smith Rev Trust, c/o Robert M. Stahl, Trustee, 9378 County Rd 25, Fort Lupton, Co 80621. Additional Information. Number of pages of Application: 11, including 3 pages of exhibits. 16CW3087 Community Foundation Trust, Ray Caraway, President, 4745 Wheaton Drive, Fort Collins, Colorado 80525. (970) 224-3462. APPLICATION FOR CONDITIONAL UNDERGROUND WATER RIGHTS AND APPROVAL OF PLAN FOR AUGMENTATION in LARIMER COUNTY. Future correspondence and pleadings to: Daniel K. Brown, Fischer, Brown, Bartlett & Gunn, P.C., 1319 E. Prospect Rd., Fort Collins, CO 80525, (970) 407-9000. 2. Overview. The Community Foundation Trust (“Applicant”) owns and operates the Sky Corral Ranch (“Ranch”) located in Section 30, Township 8 North, Range 71 West of the 6th P.M., in Larimer County, Colorado (the “Property”). A copy of the deed by which Applicant acquired the Ranch and more accurately describing the Property is attached hereto and incorporated herein as Exhibit A. The Applicant anticipates operating the Ranch and Property as a nonprofit conference and retreat center. Wells will be used to supply the indoor uses for the Ranch, including drinking, washing, cooking and sanitary uses; there will be no outdoor or irrigation use of water except for the watering of horses, livestock or other animals. The anticipated annual depletion from the Well will be less than 1 acre foot. An existing well on the Property is located in the NE1/4 of the SW1/4 of Section 30, Township 8 North, Range 71 West of the 6th P.M. and is permitted as Well No. 102632 (although a new permit will be obtained). It is anticipated that this Well will be adequate to supply the Ranch’s needs, but is seeking the right to add additional, supplemental or replacement wells as needed. With this application the Applicant seeks to adjudicate underground water rights for the wells and a plan for augmentation. CONDITIONAL UNDERGROUND WATER RIGHTS 1. Name(s) of well(s) and permit, registration, or denial number(s). A map showing the location of the Ranch and the Well No. 102632 is attached as Exhibit B. a. Well(s)s: i. Well Permit No. 102632 (a new permit has been filed for the proposed new uses). NE1/4 SW1/4 of Section 30, Township 8 North, Range 71 West of the 6th P.M., Larimer County, Colorado, located 1,844 feet from the south section line and 2,886 feet from the west section line. UTM Coordinates, Easting 466967 Northing 4497738, Zone 13. This plan for augmentation will augment depletions from this Well, or any replacement or supplemental well for the Well. ii. Up to three (3) additional, replacement or supplemental wells to be drilled on the Property, if/when needed. b. Source of water. Underground water tributary to the Cache La Poudre River. c. Depth of Well(s): unknown d. Date of appropriation: The date of filing of this Application. i. How

 

11  

appropriation was initiated. By formal action of the Applicant’s board. ii. Date water applied to beneficial use: n/a. e. Do the Well(s) withdraw tributary groundwater? Yes. f. Amount: Up to 30 gallons per minute, per well, not to exceed 30 gallons per minute cumulatively and not to exceed 1 acre foot cumulatively. CONDITIONAL g. Proposed Uses: Domestic/commercial/livestock uses, specifically to supply the indoor uses for the Ranch, including drinking, washing, cooking and sanitary uses; there will be no outdoor or irrigation use of water except for the watering of horses, livestock or other animals. PLAN FOR AUGMENTATION 4. Name(s) of structure(s) to be augmented: The Well(s) described in paragraph 3 above. 5. Water rights to be used for augmentation: The Applicant has entered into a perpetual lease with the City of Greeley, acting by and through its Water and Sewer Board, to supply up to one acre foot as the replacement water for this plan for augmentation. A copy of the lease is attached hereto and incorporated herein as Exhibit C. Greeley will provide replacement water from among its sources of water legally available for such purposes and capable of preventing injury to senior water rights and exchanges, including but not limited to sources released from Milton-Seaman Reservoir, Chambers Lake and/or Barnes Meadows reservoirs. 6. Statement of Plan for Augmentation: Pumping of the Well(s) for the Applicant’s anticipated uses will cause depletions to Cache La Poudre River and/or an unnamed tributary thereto within the Poudre River Canyon. The Ranch currently consists of 8 buildings, consisting of a Lodge (dining hall, kitchen, seven bedrooms, meeting room and office), three guest houses/dormitories, a private residence, laundry facility, recreation center and a barn with horse stalls and sleeping quarters. All water use will be supplied from the Well(s). The maximum capacity at the Ranch is anticipated to be 200 guests with staff and two-full time residences, and it is anticipated that the Ranch will be most heavily used during the summer seasons, but there likely will be lesser year-round water use. Well pumping for horses/livestock/animals will be considered to be 100% depletive. Well pumping for indoor uses will be treated by an on-site septic tank and leach field that is considered to be 10% depletive; the remaining 90% to return to the stream system. It is presently anticipated that the annual consumptive use from the Well will be 0.80 acre feet annually. Terms and conditions will be included in the decree to be entered to assure that depletions do not exceed replacement supplies. The Applicant also intends to include provisions in the decree that will allow the Applicant to add additional or alternative sources or replacement water to this plan for augmentation. 7. Name(s) and address(es) of owners or reputed ower(s) of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modifications to the existing storage pool: Not applicable. 4 pages. 16CW3088 Fox Acres Community Services, Inc., c/o Ted Carter, P.O. Box 38, Red Feather Lakes, CO 80545. (970) 881-2668. APPLICATION FOR FINDING OF REASONABLE DILIGENCE in LARIMER COUNTY. All future correspondence and pleadings to: Daniel K. Brown and Sara J.L. Irby, Fischer, Brown, Bartlett & Gunn, P.C., 1319 E. Prospect Rd., Fort Collins, CO 80525. (970) 407-9000. 2. Names and locations of the structures: Fox Acres Well No. 26 ("Well No. 26"), Fox Acres Well No. 27 ("Well No. 27"), Fox Acres Well No. 28 ("Well No. 28"), Fox Acres Well No. 29 ("Well No. 29"), Fox Acres Well No. 30 ("Well No. 30"). 3. Describe conditional water rights (as to each structure) giving the following from the Referee’s Ruling and Judgement and Decree in District Court, Water Division No. 1: A. Original Decree: June 29, 1989, Case No. 1985CW323, Finding of Reasonable Diligence: March 4, 1999, Case No. 1995CW129 and June 10, 2010, Case No. 2005CW072 b. Legal Description (all of the wells are located in Township 10 North, Range 73, West, 6th P.M., Larimer County, State of Colorado): (1) Fox Acres Well No. 26: NE1/4NW1/4, Section 27, at a point approximately 1,250 feet from the North line and 1,510 feet from the West line, Section 27. (2) Fox Acres Well No. 27: SE1/4NW1/4, Section 27, at a point approximately 1,715 feet from the North line and 1,730 feet from the West line, Section 27. (3) Fox Acres Well No. 28: SW1/4SE1/4, Section 22, at a point approximately 570 feet from the South line and 2,145 feet from the East line, Section 22. (4) Fox Acres Well No. 29: NE1/4NW1/4, Section 27, at a point approximately 420 feet from the North line and 2,050 feet from the West line, Section 27. (5) Fox Acres Well No. 30: SE1/4SW1/4, Section 22, at a point approximately 450 feet from the South line and 1,315 feet from the West line, Section 22. 4. Source: Ground water. 5. Dates of appropriation: Wells No.

 

12  

26 and 27: September 1, 1985. Wells No. 28, 29, 30: February 9, 1989. 6. Uses and Depth of Wells: All wells are conditionally decreed for in-house domestic use, commercial use in maintenance facilities and shops, and fire fighting. The wells are to be operated in accordance with the augmentation plan decreed in Case No. 81CW136, Water Division No. 1. A. Well No. 26: 0.0448 c.f.s. (20 gpm) CONDITIONAL; Depth 500 feet. B. Well No. 27: 0.0672 c.f.s. (30 gpm) CONDITIONAL; Depth 400 feet. C. Well No. 28: 0.0202 c.f.s. (9 gpm) CONDITIONAL; Depth 700 feet. D. Well No. 29: 0.0336 c.f.s. (15 gpm) CONDITIONAL; Depth 300 feet. E. Well No. 30: 0.056 c.f.s. (25 gpm) CONDITIONAL; Depth 540 feet. 7. 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: Applicant continues to study and test the water quality of water pumped from the wells for a drinking water supply. High concentrations of radioactivity exist in the water that is pumped by the wells, and Applicant continues to explore possible treatment options. During the diligence period Applicant applied to the Colorado Department of Public Health to upgrade its potable water treatment facilities to better treat for iron and manganese removal to allow for better potential blending of water sources with the pumped water to assist in diluting radionuclide contaminate well water. The State recently approved the upgrade and Applicant is commencing with this project. The application and related costs exceed $12,000. However, substantial uncertainty exists as to how entities are to legally treat and dispose of radioactive matter in drinking water supplies. For this reason, Applicant has not yet fully developed the wells and put the water to use. The wells are part of an integrated domestic water supply system, and the work done and the cost expended on the whole system is applicable in showing diligence in regard to the water rights conditionally decreed to the wells. During this diligence period, Applicant continued to develop its integrated water system, by making improvements designed to increase maximum efficiency and conserve water throughout its system. Applicant is also presently engaged in an extensive upgrade of its wastewater treatment facilities to address projected growth and new ammonia standards. The costs associated with this project exceed $758,000. Additionally, during the diligence period Applicant conducted an extensive analysis of development densities and projected densities and corresponding water demands associated with the filing of new plats for the first through fourth filings. The costs, including engineering, surveying and legal for this work was in excess of $46,800. Applicant also purchased additional water shares costing in excess of $426,000 to assist in the augmentation of the wells. Finally Applicant has expended approximately $11,500 during the diligence period to upgrade its irrigation system. 8. Name(s) and address(es) of reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool. No new diversion or storage structures, or modifications to any existing diversion or storage structures, are contemplated. Applicants are the owners of the land upon which the structures are located. WHEREFORE, Applicant prays that this Court issue its findings and determination that Applicant has exercised due reasonable diligence during the diligence period, Applicant further prays that this Court continue in full force and effect all such conditional water rights for an additional six year period, and for such other relief as the Court may deem proper. 11 pages. 16CW3089 Fox Acres Community Services, Inc., c/o Ted Carter, P.O. Box 38, Red Feather Lakes, CO 80545. (970)881-2668. Campbell Development, Inc., P.O. Box 272525 Fort Collins, CO 80527-2525. (970)223-2205. HiddenLakes Golf and Trout Club, LLC, c/o Larry Lyon, P.O. Box 130, Red Feather Lakes, CO 80545. (970)222-7418. APPLICATION TO MAKE WATER RIGHTS ABSOLUTE IN PART AND FOR FINDING OF REASONABLE DILIGENCE in LARIMER COUNTY. All future correspondence and pleadings to: Daniel K. Brown and Sara J.L. Irby, Fischer, Brown, Bartlett & Gunn, P.C., 1319 E. Prospect Rd., Fort Collins, CO 80525. (970) 407-9000. 1. Names and locations of the structures (the reservoirs are depicted in Exhibit A): a. Mitchell Ditch, also known as the North Pine Supply Ditch, owned by the Red Feather Storage and Irrigation Company. The headgate of said ditch is at a point on the east bank of the North Branch of Lone Pine Creek from whence the northeast corner of Section 26, Township 10 North, Range 74 West of the 6th P.M. bears North 86º 45'

 

13  

East 2077 feet, in Larimer County, Colorado. The ditch extends from said headgate in an easterly direction in Sections 26 and 25, Township 10 North, Range 74 West, and Sections 30, 29, 28 and 27, Township 10 North, Range 73 West of the 6th P.M. B. Mirror Lake, also known as Lake Osage. SW1/4 SE1/4, Section 22, Township 10 North, Range 73 West of the 6th P.M., Larimer County, Colorado, at a point North 68º 13' 00" West 2089.65 feet from the SE corner, Section 22. C. Fox Acres Reservoir No. 3, also known as Lake Nootka. SE1/4 SE1/4, Section 22, Township 10 North, Range 73 West of the 6th P.M., Larimer County, Colorado, at a point North 50º 48' 30" West 1187.60 feet from the SE corner, Section 22. D. Lower Fox Acres Reservoir No. 3, also known as Lake Cayuse. SE1/4 SE1/4, Section 22, Township 10 North, Range 73 West of the 6th P.M., Larimer County, Colorado, at a point North 12º 03' 33" West 1248.00 feet from the SE corner, Section 22. E. Upper Fox Acres Reservoir No. 3, also known as Lake Nisqually. SW1/4 SE1/4, Section 22, Township 10 North, Range 73 West of the 6th P.M., Larimer County, Colorado, at a point North 79º 47' 02" West 1778.63 feet from the SE corner, Section 22. F. Robinson Draw Lake, also known as Lake Cree. SW1/4 SW1/4, Section 22, Township 10 North, Range 73 West of the 6th P.M., Larimer County, Colorado, at a point North 76º 41' 13" East 1057.93 feet from the SW corner, Section 22. G. Lake 15, also known as Lake Yakima. SE1/4 SW1/4, Section 22, Township 10 North, Range 73 West of the 6th P.M., Larimer County, Colorado, at a point North 87º 04' 58" East 2232.39 feet from the SW corner, Section 22. H. Fox Acres West, also known as Lake Pawnee. SW1/4 NE1/4, Section 28, Township 10 North, Range 73 West of the 6th P.M., Larimer County, Colorado, at a point South 48º 41' 57" west 2236.92 feet from the NE corner, Section 28. I. Middle Letitia Lake, also known as Lake Chippewa. NE 1/4 NW1/4, Section 27, Township 10 North, Range 73 West of the 6th P.M., Larimer County, Colorado, at a point South 70º 58' 52" East 2130.82 feet from the NW corner, Section 27. J. Deer Lake No. 2, also known as Lake Black Feet. SW1/4 SE1/4, Section 22, Township 10 North, Range 73 West of the 6th P.M., Larimer County, Colorado at a point North 81º 42' 50" West 2223.65 feet from the SE corner, Section 22. K. Upper Letitia Lake, also known as Lake Menominee. NE1/4 NW1/4, Section 27, Township 10 North, Range 73 West of the 6th P.M. Larimer County, Colorado, at a point South 64º 46' 05" 2243.56 feet from the NW corner, Section 27. L. Lower Letitia Lake, also known as Lake Shoshone. NE1/4 NW1/4, Section 27, Township 10 North, Range 73 West of the 6th P.M., Larimer County, Colorado, at a point South 80º 31' 23" East 2498.60 feet from the NW corner, Section 27. M. Fox Acres Reservoir No. 1, also known as Lake Lakota. Situate within the SE1/4 NE1/4, Section 28, Township 10 North, Range 73 West of the 6th P.M., Larimer County, Colorado. N. Fox Acres Reservoir No. 2, also known as Lake Arapahoe. Situate within the W1/2 of the NW1/4, Section 27, Township 10 North, Range 73 West of the 6th P.M. O. South Fox Acres Lake, also known as Lake Shawnee. Situate within the SE1/4 NE1/4, Section 28, Township 10 North, Range 73 West of the 6th P.M. 3. Source: North Branch of Lone Pine Creek, also known as North Lone Pine Creek, tributary to the Lone Pine Creek, which is tributary to the North Fork of the Cache La Poudre River, a tributary to the Cache La Poudre River, which is tributary to the South Platte River. The Mitchell Ditch headgate is the point of diversion for all water rights applied for herein. 4. Previous Decrees. A. Date of Original Decree: December 12, 1984, Case No. 82CW408. Findings of Reasonable Diligence: July 23, 1990, Case No. 88CW178; October 28, 1998, Case No. 96CW186: June 24, 2010, Case No. 04CW275. B. Appropriation Date: June 15, 1982. C. Case No. 88CW178 decreed as absolute decree the following amounts: For fish propagation: Mirror Lake 7.51 acre feet, Fox Acres Reservoir No. 1 3.60 acre feet, Fox Acres Reservoir No. 3, 20.18 acre feet; Lower Fox Acres Reservoir No. 3, 4.10 acre feet; Upper Fox Acres Reservoir No. 3, 1.90 acre feet;Robinson Draw Lake, 3.53 acre feet; Fox Acres West, 1.85 acre feet; Middle Letitia Lake. 1.57 acre feet; Upper Letitia Lake, 0.30 acre feet; Fox Acres Reservoir No. 2, 2.90 acre feet; South Fox Acres Lake, 1.30 acre feet; For irrigation: Fox Acres Reservoir No. 3, 20.18 acre feet; Lower Fox Acres Reservoir No. 3, 4.10 acre feet; Robinson Draw Lake, 3.53 acre feet D. The remaining amounts were decreed as conditional, as follows: a. Mirror Lake, 19.8 a.f. for irrigation, 12.29 a.f. for fish propagation, and 19.8 a.f. for augmentation. b. Fox Acres Reservoir No. 1, 29.7 a.f. for irrigation, 29.7 a.f. for domestic, 26.10 a.f. for fish propagation, and 29.7 a.f. for augmentation. c. Fox Acres Reservoir No. 3, 29.02 a.f. for irrigation, 49.2 a.f. for domestic, 29.02 a.f. for fish propagation, and 49.2 a.f. for augmentation. d. Lower Fox Acres Reservoir No. 3, 4.1 a.f. for domestic, and 4.1 a.f. for augmentation. e.

 

14  

Upper Fox Acres Reservoir No. 3, 6.9 a.f. for irrigation, 5.0 a.f. for fish propagation, and 6.9 a.f. for augmentation. f. Robinson Draw Lake, 11.77 a.f. for irrigation, 11.77 a.f. for fish propagation, and 15.3 a.f. for augmentation. g. Lake 15, 2.4 a.f. for irrigation, 2.4 a.f. for fish propagation, and 2.4 a.f. for augmentation. h. Fox Acres West, 6.2 a.f. for irrigation, 4.35 a.f. for fish propagation, and 6.2 a.f. for augmentation. i. Middle Letitia Lake, 4.0 a.f. for irrigation, 2.43 a.f. for fish propagation, and 4.0 a.f. for augmentation. j. Deer Lake No. 2, 9.5 a.f. for irrigation, 9.5 a.f. for fish propagation, and 9.5 a.f. for augmentation. k. Upper Letitia Lake, 6.4 a.f. for irrigation, 6.10 a.f. for fish propagation, and 6.4 a.f. for augmentation. l. Lower Letitia Lake, 6.56 a.f. for irrigation, 6.56 a.f. for fish propagation, and 6.56 a.f. for augmentation. m. Fox Acres Reservoir No. 2, 64.5 a.f. for irrigation, 64.5 a.f. for domestic, 61.6 a.f. for fish propagation, and 64.5 for augmentation. n. South Fox Acres Lake, 5.2 a.f. for irrigation, 3.9 a.f. for fish propagation, and 5.2 a.f. for augmentation. 5. Uses: For all of the reservoirs—Irrigation, fish propagation and augmentation. In addition, domestic use for Fox Acres Reservoir No. 1, Fox Acres Reservoir No. 3, Lower Fox Acres Reservoir No. 3 and Fox Acres Reservoir No. 2. 6. Claim to Make Absolute: Pursuant to C.R.S. § 37-92-103(4), as amended by Senate Bill 13-041, Applicants seek to decree as absolute for all uses the amounts set forth in ¶4.C above. 7. Conditional Claims. In the event that for whatever reason the Court concludes that any portion(s) of the foregoing conditional water rights have not been made absolute, Applicant requests that said portion(s) continue as conditional water rights and further provides the following outline of what has been done toward completion of the conditional appropriations: The reservoir sand the water stored in the reservoirs are part of an integrated domestic water supply system, and the work done on the total system is applicable in showing diligence in regard to the conditionally decreed rights. During this diligence period, Applicants continued to develop its integrated water system, by making improvements designed to increase maximum efficiency and conserve water throughout its system. In particular, Applicants are presently engaged in an extensive upgrade of its wastewater treatment facilities to address projected growth and new ammonia standards. The costs associated with this project exceed $758,000. Applicants have also applied to the Colorado Department of Public Health to upgrade its potable water treatment facilities to better treat for iron and manganese removal. This will allow for better potential blending of water sources. The State recently approved the upgrade and Applicants are commencing with this project. The application and related costs exceed $12,000. Additionally, during the diligence period the Applicants conducted an extensive analysis of development densities and projected densities and corresponding water demands associated with the filing of new plats for the first through fourth filings. The costs, including engineering, surveying and legal for this work was in excess of $46,800. Applicants also purchased additional water shares costing in excess of $426,000 to assist in the augmentation of the wells. Finally Applicants expended approximately $11,500 during the diligence period to upgrade the irrigation system. The described reservoirs, together with appropriate diversion facilities, are in place; however, due to the either the unavailability of either water in the North Lone Pine or capacity in the Mitchell Ditch for the carriage of such water to the reservoirs, or because when water was available it was available from local sources (Wildcat Creek and runoff and seepage) it has not been practical for Applicants to store the amount conditionally decreed during this diligence period.. However, whenever Applicants do not have a more feasible source of supply, Applicants intend to utilize the right in full when it is in priority, and when there is available capacity in the Mitchell Ditch and any of the described reservoirs. 8. Name(s) and address(es) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Not applicable. There are no new diversion or storage structures, or modification to any existing diversion or storage structures. 11 pages. 16CW3090, Lokal Two Bridges, LLC, 6021 S. Syracuse Way, #104, Greenwood Village, CO 80111 (Frederick A. Fendel, III, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY SOURCE AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NOT NONTRIBUTARY UPPER DAWSON AQUIFER, DOUGLAS COUNTY. Subject Property: Approximately 218 acres located in parts of the

 

15  

SW1/4, Section 30 and the NW1/4 and NW1/4NE1/4, Section 31, T7S, R65W, 6th P.M., Douglas County, as described and shown on Attachment A hereto ("Subject Property"). Source of Water: The Upper Dawson aquifer is not nontributary as described in Sections 37-90-103(10.7), C.R.S. Estimated Annual Amount: 55 acre-feet. Use: Domestic, including inhouse use, commercial, irrigation, livestock watering, fire protection, and augmentation purposes, both on and off the Subject Property. Description of plan for augmentation: Groundwater to be augmented: Up to 27 acre-feet per year of Upper Dawson aquifer groundwater, being a portion of the ground water identified above. Water rights for augmentation: Return flows from the use of not nontributary Upper Dawson aquifer and return flows from or direct discharge of nontributary Laramie-Fox Hills aquifer groundwater underlying the Subject Property as decreed in Case No. 84CW657, District Court, Water Division 1. Applicant is the owner of a total of 64 acre-feet per year of Laramie-Fox Hills aquifer groundwater decreed in Case No. 84CW657. Statement of plan for augmentation: The Upper Dawson aquifer groundwater will serve up to 25 residential lots on the Subject Property which will be served with individual wells. 21 of the wells will withdraw 1 acre-foot per year for use in one residence (0.35 acre-feet), irrigation of up to 10,000 square-feet of home lawn, garden and trees (0.6 acre-feet), and stockwatering of up to 4 large domestic animals (0.05 acre-feet). The remaining 4 wells will withdraw 1.5 acre-feet per year for use in one residence (0.35 acre-feet), irrigation of up to 18,000 square-feet of home lawn, garden and trees (1.05 acre-feet), and stockwatering of up to 8 large domestic animals (0.1 acre-feet). Applicant reserves the right to revise the mix of uses without having to amend the application or republish the application, provided use does not exceed 27 acre feet per year. Sewage treatment for inhouse use will be provided by non-evaporative septic systems. Return flows from in-house use will be approximately 90% and from irrigation will be approximately 15% of the annual amount used. No return flow is claimed from watering of animals. During pumping Applicant will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c.5), C.R.S. Depletions occur to the Cherry Creek stream system. Return flows from inhouse and irrigation use accrue to the Cherry Creek stream system. Return flows will be sufficient to replace actual depletions while the subject groundwater is being pumped. Applicant will reserve an equal amount of the nontributary Laramie-Fox Hills aquifer groundwater decreed in Case No. 84CW657 to meet post pumping augmentation requirements. Further, Applicant prays that this Court grant the application and for such other relief as seems proper in the premises. (5 pages). 16CW3091 Daniel K. Duvall and Lou Ann Duvall, 14088 Spirit Valley Trail, Conifer, Colorado 80433, North Fork Associates, LLC, 2686 South Yukon Court, Lakewood, Colorado 80227 and Mountain Mutual Reservoir Company, 6949 Highway 73, Suite 15, Evergreen, Colorado 80439. (c/o David C. Lindholm, Esq., P. O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR UNDERGROUND WATER RIGHT, APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT. IN JEFFERSON AND PARK COUNTIES. APPLICATION FOR UNDERGROUND WATER RIGHT: 1. Name of Well and Permit, Registration or Denial Number: Duvall Well No. 1 (Permit No. 233278). 2. Legal Description of the Well: Duvall Well No. 1 is located in the NW1/4 NE1/4 of Section 10, Township 7 South, Range 71 West, 6th P.M., Jefferson County, at a point approximately 750 feet from the North Section line and 2,100 feet from the East Section line of said Section 10. 3.A. Source of Water: Ground water that is tributary to an unnamed tributary of Elk Creek, Elk Creek and the North Fork of the South Platte River. 3.B. Depth of Well: 1,000 feet. 4.A. Date of Appropriation: April 9, 2001. 4.B. How Appropriation was Initiated: Submittal of a well permit application to the Colorado Division of Water Resources, followed by the issuance of a well permit by the State Engineer. 4.C. Date Water Applied to Beneficial Use: September 9, 2002. 5. Amount Claimed: 1.0 gallon per minute, Absolute. 6. Uses: Ordinary household purposes inside a single family dwelling and fire protection purposes. 7. Names and Address of Owners of Land on which the Well is Located: Daniel K. Duvall and Lou Ann Duvall, as described above. 8. Remarks: The Permit for the Duvall Well No. 1 was originally issued pursuant to C.R.S. §37-92-602. Copies of the Permit, Well Construction and Test Report and Pump Installation and Test Report are attached as Exhibits “B,” "C" and "D." Upon approval of the plan for augmentation being requested, a new well permit application for the Well will be

 

16  

submitted to the State Engineer, along with a request that Permit No. 233278 be canceled. APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT: 1. Names of Structures to be Augmented: Duvall Well No. 1. A second well may be constructed under this augmentation plan if needed to fully satisfy the water requirements more particularly described herein, or to separately serve a barn. The rate of diversion for each well will not exceed 15 gallons per minute. 2. Water Rights to be Used for Augmentation Purposes. a. Daniel K. Duvall and Lou Ann Duvall (“Duvalls”), have entered into a contract with North Fork Associates, LLC to purchase 2.9 shares of the capital stock of the Mountain Mutual Reservoir Company, ("MMRC"). The 2.9 shares represent the right to receive 0.091 of an acre foot of augmentation water per year from the water rights and storage facilities MMRC holds for the benefit of its shareholders, as more particularly described below. b. MMRC owns water rights decreed to the Parmalee Ditch No. 1, the Carruthers Ditch No. 2 and the Nickerson Ditch No. 2 ("Nickerson Ditch water rights"), portions of which will be used to replace depletions associated with out-of-priority diversions from the Duvall Well No. 1. The Nickerson Ditch water rights have a priority date of May 1, 1867, and were decreed in the original adjudication for former Water District No. 23 by the Park County District Court on May 22, 1913, in Civil Action No. 1678. Historically, the Nickerson Ditch water rights were diverted from Deer Creek at the headgate of the Nickerson Ditch No. 2 in the NW1/4 SE1/4 of Section 9, Township 7 South, Range 72 West, 6th P.M., Park County. Such diversions no longer occur. The terms and conditions under which the Nickerson Ditch water rights are used for augmentation, replacement and storage purposes are described in the Decree entered by the District Court for Water Division 1 in Case No. 2000CW174, dated October 11, 2002, and are deemed to be res judicata in future proceedings involving such rights, pursuant to Williams v. Midway Ranches, 938 P.2d 515 (Colo. 1997). Reference is made to the Decree in Case No. 2000CW174 for more detailed information. c. Fully consumable water stored in Maddox Reservoir and/or the Lower Sacramento Creek Reservoir No. 1 will be released to the stream system when the Nickerson Ditch water rights are out-of-priority. The Lower Sacramento Creek Reservoir No. 1 is located in the NE1/4 NW1/4 of Section 32 and the S1/4 of Section 29, Township 9 South, Range 77 West, 6th P.M., Park County. It was originally decreed in Case No. W-7741-74 for domestic, municipal, commercial, industrial, irrigation, fish and wildlife propagation, recreational and all other beneficial purposes, including exchange to compensate for depletions in the South Platte River or its tributaries. Maddox Reservoir is located in the NE1/4 SW1/4 of Section 22, Township 7 South, Range 73 West, 6th P.M., Park County. 3. Statement of Plan for Augmentation, Covering all Applicable Matters under C.R.S. §37-92-103(9), §302(1)(2) and §305(8): a. The Duvalls are the owners of a 21.8 acre parcel of property located in the W1/2 N1/4 NE1/4 of Section 10, Township 7 South, Range 71 West, 6th P.M., Jefferson County. One single family residence and a barn currently exist on the property. The property is depicted on the attached Exhibit "A." b. Wastewater from all in-building uses of water is treated utilizing a non-evaporative septic system with a soil absorption leach field. Return flows are to an unnamed tributary of Elk Creek. c. Use of water from the Duvall Well No. 1 is currently limited to in-house purposes within a single-family residence. The Duvalls desire to expand the use of water from the well to include irrigation and the watering of horses. As described above, this augmentation plan will provide the Duvalls and their successors-in-interest with the option of constructing a second well in the future. However, total water usage will remain the same regardless of whether one or two wells are used. d. Based on prior engineering studies, it is assumed that the maximum average occupancy of the single family residence will be 3.5 persons, and that the per capita daily water usage will not exceed 80 gallons as an annual average. The augmentation plan will also cover the irrigation of 500 square feet of lawn grass, or equivalent gardens and the watering of four horses or equivalent domestic animals. Gross irrigation requirements for lawn grass are no more than 1.25 acre-feet of water per irrigated acre at this location. Gross irrigation requirements for gardens are no more than 0.5 of an acre foot of water per irrigated acre. Water requirements for horses, or similar domestic animals, are assumed to be 10 gallons per animal per day. Total water usage is not expected to exceed 0.38 of an acre foot per year. e. Depletions associated with water that is used inside the existing residence will be based on a ten percent (10%) consumption factor. All of the water supplied to horses is assumed to be consumed. Consumption

 

17  

of lawn grass at this location is 1.0 acre-foot per acre. Consumption of gardens is 0.4 of an acre foot per acre. The consumptive use for irrigation operations was determined using the SCS TR-21 modification to the Blaney Criddle consumptive use method with the Pochop elevation adjustment and the Evergreen turf adjustment, as outlined in a report prepared by Blatchley Associates, Inc., which is titled "Turf Irrigation in Mountainous Areas of Evergreen, Colorado." Maximum annual stream depletions, including any applicable stream transportation charges, are not anticipated to exceed 0.091 of an acre foot. The maximum instantaneous impact on the flow of water in Elk Creek and the North Fork of the South Platte River will be approximately 0.06 of a gallon per minute. f. The required volume of augmentation water will be provided from the sources described in Paragraph No. 2, above. Whenever possible, depletions to the stream system will be augmented by MMRC forgoing the diversion of a portion of its Nickerson Ditch water rights. During times when the Nickerson Ditch water rights are not in priority, depletions will be augmented by releasing consumptive use water from Maddox Reservoir or the Lower Sacramento Creek Reservoir No. 1. Transportation charges from the point where water is released from MMRC's facilities to the point of depletion on the stream system will be computed on the basis of 0.13 percent per mile. g. Due to the small volume of annual stream depletions projected to occur under this plan, instantaneous stream depletions may be aggregated and replaced by an assignment of the Nickerson Ditch water rights at a higher than normal rate of delivery for a short time, or by one or more releases of short duration from storage. h. Since the point of depletion associated with water uses under this plan for augmentation is upstream of the point of delivery of the augmentation water and on a side tributary of the North Fork of the South Platte River, the Applicants assert an appropriative right of substitute supply and exchange pursuant to C.R.S. §37-80-120 and §37-92-302(1)(a). Water released from Maddox Reservoir and the Nickerson Ditch water rights are carried in the stream channel to the confluence of Elk Creek and the North Fork of the South Platte River, located in the NE1/4 SE1/4 of Section 27, Township 7 South, Range 71 West, 6th P.M.; thence up Elk Creek to its confluence with an unnamed tributary in the W1/2 W1/2 of Section 15, Township 7 South, Range 71 West 6th P.M.; and thence up the unnamed tributary to the point of depletion from the Duvall Well No. 1 in the NW1/4 NE1/4 of Section 10, Township 7 South, Range 71 West, 6th P.M. Water released from the Lower Sacramento Creek Reservoir No. 1 is conveyed in both the Middle Fork of the South Platte River and the South Platte River to the confluence of the South Platte River and the North Fork of the South Platte River located in the SW1/4 SE1/4 of Section 25, Township 7 South, Range 70 West, 6th P.M; thence up the North Fork of the South Platte River to its confluence with Elk Creek; and thence up Elk Creek and the unnamed tributary of Elk Creek as above described. The exchange will operate to replace depletions to the flow of water in the unnamed tributary of Elk Creek, Elk Creek, the North Fork of the South Platte River and the South Platte River as the depletions occur. The exchange will be administered with a priority date of June 30, 2016, at a maximum flow rate of 0.001 of a cubic foot per second. 4. Names and Address of Owners of Land on which New Structures will be Located: Not applicable. WHEREFORE, the Duvalls request the entry of a decree approving this Application, specifically determining that the source and location of delivery of augmentation water are sufficient to eliminate material injury to vested water rights. The Duvalls also request a determination that the Duvall Well No. 1 can be operated without curtailment so long as out-of-priority stream depletions are replaced as proposed herein. The Duvall further request the entry of an Order directing the State Engineer to issue a new permit for the Well. (7 pages and four exhibits). 16CW3092 The Jim Hutton Educational Foundation, a Colorado non-profit corporation, attn: Jerry Gross, President, P.O. Box 427, Burlington, CO 80807. IN YUMA COUNTY, COLORADO. APPLICATION FOR A SIMPLE CHANGE IN A SURFACE POINT OF DIVERSION. CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE JIM HUTTON EDUCATIONAL FOUNDATION, A COLORADO NON-PROFIT CORPORATION. DISTRICT COURT, WATER DIVISION NO. 1, STATE OF COLORADO, 901 9th Avenue, P.O. Box 2038, Greeley, Colorado 80631. 1. Name and Address of Applicant: The Jim Hutton Educational Foundation, a Colorado non-profit corporation, attn: Jerry Gross, President, P.O. Box 427, Burlington, CO 80807. All pleadings should be directed to: Steven J. Bushong, Karen L. Henderson, Porzak Browning & Bushong

 

18  

LLP, 2120 13th Street, Boulder, CO 80302 (303) 443-6800. 2. Overview: The Jim Hutton Educational Foundation, a Colorado non-profit corporation (“Foundation”) is requesting a simplified change in the point of diversion for its Tip Jack Ditch water right pursuant to C.R.S. §37-92-305(3.5). This change is needed to conform the decreed location for the Tip Jack Ditch water right to the point of diversion actually used by the Foundation to divert this water right from the South Fork of the Republican River. 3. Description of the Water Right: a. Name of Water Right: Tip Jack Ditch. b. Original Decree: The Tip Jack Ditch water right was decreed by the District Court in and for Arapahoe County on December 28, 1893, in Civil Action No. 18162. c. Decreed Location: As changed in Case No. W-8667-77, the headgate is located at a point on the north bank of the South Fork of the Republican River whence the N¼ corner of Section 15, Township 5 South, Range 43 West of the 6th P.M., Yuma County, Colorado, bears North 20° 12’ East 1,615 feet. See Exhibit A. d. Source: South Fork of the Republican River. e. Appropriation Date: February 8, 1889 (Priority No. 8 in Water District 49). f. Amount: 2.0 cfs, absolute. g. Use: Irrigation. 4. Description of the Proposed Simple Change in Point of Diversion. Due to a variety of issues with the location decreed in Case No. W-8667-77, this water right has historically been diverted at a downstream point that is closer to the place of use on the Foundation’s property. This historical practice was confirmed by rulings of this Court in Case No. 12CW111. This application seeks to change the decreed location of the Tip Jack Ditch water right to reflect this longstanding practice. a. Changed Point of Diversion. The requested changed point of diversion is the same point of diversion that is used for the Hutton No. 2 Ditch, which is generally located on the South Fork of the Republican River in the NE1/4 of the SE1/4 of Section 11, Township 5 South, Range 43 West. The UTM coordinates for the existing diversion point are NAD83, Zone 13, Easting: 745377, Northing: 4391478, based on an aerial photograph. See Exhibit A. b. Simple Change in Surface Point of Diversion. The requested change meets the definition of simple change in a surface point of diversion as described in C.R.S. §37-92-305(3.5). The proposed change does not include any other changes and there are no intervening surface diversion points, inflows, or instream flow rights between the currently decreed point of diversion and the changed point of diversion. As such, the requested change will not injuriously affect any vested water right or decreed conditional water rights. The requested change will also not result in any increased consumptive use because the Foundation will continue to irrigate the historically irrigated lands. (5 pages with exhibit) 16CW3093 William O. Seaworth and Paulette M. Seaworth (“Applicants”), 2305 North Taft Hill Road, Fort Collins, CO 80524 (Jeffrey J. Kahn, Elizabeth M. Joyce, Lyons Gaddis, P.O. Box 978, Longmont, CO 80502-0978), APPLICATION FOR WATER STORAGE RIGHT, UNDERGROUND WATER RIGHT, DIRECT FLOW WATER RIGHT AND FOR APPROVAL OF CHANGE OF WATER RIGHTS AND PLAN FOR AUGMENTATION IN LARIMER COUNTY. B. Description of Application: 1. Applicants seek: a. A water storage right for the Seaworth Augmentation Pond, a sealed gravel pit on land owned by the Applicants; b. An underground water right for the North Taft Hill Pond, an unlined gravel pit located on land which the Applicants are under contract to purchase; c. A direct flow water right to place water into the North Taft Hill Pond for beneficial uses including to replace evaporation; d. A change of water right for 4 shares of the Taylor and Gill Ditch Company (“Subject Shares”) to allow the water represented by those shares to be stored and used for augmentation as well as retaining the existing irrigation use; and e. Approval of a plan for augmentation to replace the evaporation of groundwater from the North Taft Hill Pond. The North Taft Hill Pond is part of the North Taft Hill Site, a gravel mining operation of Martin Marietta Minerals, Inc. (“Martin”). The North Taft Hill Pond is located west of Taft Hill Road. Applicants will augment and replace the depletions caused by the evaporation of groundwater from the North Taft Hill Pond by delivering water from the Seaworth Augmentation Pond to the Cache La Poudre River or directly into the North Taft Hill Pond. The Applicants will store water diverted under the Subject Shares in the Seaworth Augmentation Pond pursuant to the change of water right sought in this case and pursuant to the terms and conditions included in that change of water rights, or Applicant will store water under the storage right sought for the Seaworth Augmentation Pond and release that water. Applicants, as a result, will replace all of the out-of-priority depletions to the Cache La Poudre River resulting from evaporation of groundwater from the

 

19  

North Taft Hill Pond in time, place and amount. 2. Applicants are under contract to purchase the portion of the North Taft Hill Site that the North Taft Hill Pond is located on from Martin. Pursuant to the contract between Applicants and Martin, Applicants are responsible for the augmentation of evaporation of groundwater from the North Taft Hill Pond after closing. Until closing, Martin is responsible to replace all out-of-priority depletions resulting from its gravel mining operation including evaporation of groundwater. 3. Applicants are also under contract to purchase a portion of the “Home Office Pit Site” from Martin. The Home Office Pit Site is located south of the North Taft Hill Site. The depletions from the exposed groundwater on the land being purchased by Applicants on the Home Office Pit Site are covered by pre-1981 gravel pit credits. 4. In the event there is insufficient water available to Applicants to replace out-of-priority depletions and the depletions caused by evaporation from the North Taft Hill Pond are lagged to the Cache LaPoudre River, Applicants reserve the right to pump water from the North Taft Hill Pond to the Cache La Poudre River and then replace the depletions to the Cache La Poudre River caused by pumping ground water from the North Taft Hill Pond. A map attached as Exhibit 1 shows the structure and lands subject of this application. All structures are located in Larimer County, State of Colorado. C. Claim for Storage Water Right: 1. Name: Seaworth Augmentation Pond. 2. Legal Descriptions: There is no dam. The Seaworth Augmentation Pond is located in the NW/4 of the SE/4, Section 33, T 8 N, R69 W of the 6th PM being 20’ South of the North line and 886’ East of the West line of Section 33. 3. Source: Cache La Poudre River. 4. Point of Diversion: The Seaworth Augmentation Pond will be filled through the Taylor and Gill Ditch. The point of diversion of the Taylor and Gill Ditch is described in section F. 1. C. 5. a. Date of Appropriation: June 30, 2016. b. How appropriation was initiated: By constructing and sealing the Seaworth Augmentation Pond and by filing this Application. c. Date water applied to beneficial use: Not applicable. 6. Amount claimed: a. Capacity: 56 acre feet, conditional with the right to fill and refill. The capacity includes in situ storage between the open water surface and slurry wall liner. b. Filling Rate: 7.5 cfs. 7. Uses: Irrigation, augmentation, replacement, industrial (for use in gravel mining operations/recreation), commercial (for fish propagation and a fishing and hunting business), fish and wildlife, and dust suppression. Lands proposed to be irrigated: Temporary reclamation irrigation of a maximum of 10 acres in the E½ of Section 33, T 8 N, R69 W of the 6th PM. 8. Surface area at High Water Line: 4.31 acres. This area includes the ground between the open water surface and the slurry wall liner. The open water surface area is 3.1 acres. D. Application for An Underground Water Right: 1. Name of Structure: North Taft Hill Pond. 2. Legal Description: The North Taft Hill Pond is located in the SE/4 of the NE/4, Section 33, T 8 N, R69 W of the 6th PM being 565’ North of the South Line, 690’ West of the East Line of Section 33. 3. Source of Water: Ground water tributary to the Cache La Poudre River, tributary to the South Platt River. 4. Appropriation information: a. Date of appropriation: June 30, 2016. b. How appropriation was initiated: By obtaining a DRMS permit for the pond, constructing the pond, obtaining well permit for the pond and filing this application. c. Date water applied to beneficial use: Not applicable as the North Taft Hill Pond has not yet been fully constructed. d. Amount claimed: The maximum amount of water in the North Taft Hill pond is estimated to be approximately 475 acre feet. The maximum surface acreage is estimated to be 35 acres. The estimated annual net evaporation is calculated to be 68 acre feet. The estimated monthly distribution of net evaporation is:

Month Net Evaporation (acre feet) January 2.4 February 2.9 March 2.7 April 5 May 5.5 June 10.8 July 10.6 August 10.5 September 7.6

 

20  

October 4.9 November 2.8 December 2.3 Total 68.0

5. Proposed uses: Recreation, aesthetic, commercial (for fish propagation and a fishing and hunting business), fish and wildlife, augmentation and replacement. 6. Remarks: The out-of-priority depletions caused by evaporation from the pond to the Cache La Poudre River will be replaced by the plan for augmentation applied for in this case. E. Application for Direct Flow Water Right for the North Taft Hill Pond: Applicants seek a direct flow water right to divert water from the Cache La Poudre River at the Taylor and Gill Ditch headgate to deliver water into the North Taft Hill Pond to replace evaporation and for the other uses listed in E.5. 1. Name: North Taft Hill Pond Direct Flow Water Right. 2. Legal Description: The legal description of the Taylor and Gill Ditch headgate is identified in section F. 1. C. 3. Source of Water: Cache La Poudre River. 4. Appropriation information: a. Date of appropriation: June 30, 2016. b. How appropriation was initiated: By filing this application. c. Date water applied to beneficial use: Not applicable as the North Taft Hill Pond has not yet been fully constructed. d. Amount claimed: 12.17 cfs. 5. Proposed uses: Replacement of evaporation, irrigation, augmentation, industrial (for use in gravel mining operations), commercial (for fish propagation and a fishing and hunting business), fish and wildlife, and dust suppression. 6. Remarks: This water right will be diverted in priority and water will be delivered into the North Taft Hill Pond for beneficial use. F. Application for Change of Water Right: 1. Water Right sought to be changed: a. Structure: The Taylor and Gill Ditch. b. Original decree: The original decree for the Taylor and Gill Ditch Company was entered on April 11, 1882 in Civil Action 320 by the Larimer County District Court. c. Decreed Legal Description of the Point of Diversion: In the SW1/4 of the SW1/4 of Section 29, T 8 N, R 69 W of the 6th P.M. d. Decreed Source: Cache La Poudre River, a tributary of the South Platte River. e. Appropriation date: April 15, 1866. f. Total Amount Decreed: 18.48 cfs of which 6.31 cfs has been transferred or abandoned. g. Amount of water that Applicants intend to change: 2.184 cfs. 2. Proposed change: Applicants request a change of the Subject Shares to allow the use of that water for augmentation, replacement, industrial (for use in gravel mining operations), recreation, commercial (as part of fish propagation and leasing business), wildlife and dust suppression in addition to retaining the existing irrigation use. The point of diversion of the Taylor and Gill shares will not change. Applicants will continue to divert the entire pro-rata amount associated with the Subject Shares. Applicants will replace the historic return flows from the use of the Subject Shares in time, place and amount as necessary to prevent injury to senior water rights (with priorities senior to the date of the filing of this change of water right application). After return flow obligations are met and the obligations pursuant to the plan for augmentation below are satisfied, any remaining amount of the changed water right shall be fully consumable and usable for any decreed use. 3. Historical Use: a. The diversions for the Taylor and Gill Ditch for the study period 1950 through 1979 are attached hereto as Exhibit 2. A calculation of Applicants’ share of those headgate diversions based on area irrigated for the same period are attached as Exhibit 3. A map showing the lands historically irrigated by the Subject Shares is attached as Exhibit 4. b. Applicants will cease irrigation and will dry up the lands depicted in Exhibit 4 as term and condition of the change of water right sought in this case. G. Application for Approval of Plan for Augmentation: 1. Name of structures to be augmented: North Taft Hill Pond as described in section D above. 2. Water rights or sources to be used for augmentation: a. The Subject Shares as changed pursuant to section F. b. Water stored in the Seaworth Augmentation Pond pursuant to the water right sought in section C above. c. Water diverted and placed into the North Taft Hill Pond pursuant to the water right sought in section D above. d. Water pumped from the North Taft Hill Pond as described in section G.3.b. 3. Complete statement of plan for augmentation: a. Applicant will release water from the Seaworth Augmentation Pond to the Cache La Poudre River in amounts and at times to replace all out-of-priority depletions caused by evaporation of ground water from the North Taft Hill Pond. Out-of-priority depletions are those which deplete the water rights with priorities senior to June 30, 2016, the priority date for the North Taft Hill Pond. In the alternative, Applicant may deliver water from the

 

21  

Seaworth Augmentation Pond to the North Taft Hill Pond as necessary to replace evaporation on the same schedule as evaporation is occurring from the North Hill Taft Pond. All deliveries into the Seaworth Augmentation Pond and releases out of the Seaworth Augmentation Pond will be measured. b. In the event there is insufficient water to replace out-of-priority depletions and depletions caused by evaporation from the North Taft Hill Pond are lagged to the Cache La Poudre River, Applicants may pump water from the North Taft Hill Pond and deliver that water to the Cache La Poudre River in amounts necessary to replace out-of-priority depletions and historic return flows from the use of the Taylor and Gill shares. If water is pumped from the North Taft Hill Pond, the depletions to the Cache La Poudre River caused by the pumping of such ground water will be replaced in time, place and amount. Any pumping out of the North Taft Hill Pond will be measured. c. Any other water rights used to replace depletions caused by evaporation from the North Taft Hill Pond or to replace historic return flows from the Subject Shares must be decreed for such use or approved for such use by the State Engineer in a substitute water supply plan. H. Remarks: The engineering values included in this application are those currently calculated by Applicants’ engineers, but may be subject to change during the course of the this proceeding without the need to amend or republish this application. I. Owners of structures involved in this application: 1. Seaworth Augmentation Pond: Applicants. 2. North Taft Hill Pond: Martin Marietta Materials, Inc., 2710 Wycliff Road, Raleigh, NC 27607. 3. Taylor and Gill Ditch: The Taylor & Gill Ditch Company, 2711 North Overland Trail, P.O. Box 526, LaPorte, CO 80535. AMENDMENTS 15CW3162 THE CITY OF GREELEY, ACTING BY AND THROUGH ITS WATER AND SEWER BOARD (“GREELEY”), c/o Eric Reckentine, Deputy Director of Water Resources 1100 10th Street, Suite 300 Greeley, Colorado 80631, eric.reckentine@greeleygov.com, (970) 350-9811; direct pleadings and future correspondence to Daniel J. Biwer, Greeley City Attorney’s Office, 1100 10th Street, Suite 401, Greeley, Colorado 80631, daniel.biwer@greeleygov.com , (970) 350-9291, and Zach C. Miller, Davis Graham & Stubbs LLP, 1550 17th Street, Suite 500, Denver, Colorado 80202, zach.miller@dgslaw.com, (303) 892-9400; FIRST AMENDED APPLICATION FOR CHANGE OF CONDITIONAL WATER RIGHTS IN LARIMER AND WELD COUNTIES. 2. Summary of First Amended Application. Greeley filed the original Application in this matter on December 18, 2015, in which it requested a change of conditional water rights originally decreed for Rockwell Reservoir in Case Nos. W-8675 and W-9385-78. More specifically, Greeley requested in the original Application to designate Milton Seaman Reservoir as (1) an alternate place of storage for the Rockwell Reservoir conditional storage right, and (2) an exchange-to point for certain of the associated conditional appropriative rights of exchange. To facilitate storage of the Rockwell Reservoir rights at Milton Seaman Reservoir, Greeley may use the Fort Collins Pipeline intake (described below) to convey water to Milton Seaman Reservoir, as it now exists or is hereafter enlarged, using a new structure to be constructed at the existing diversion for the Fort Collins Pipeline. Accordingly, Greeley seeks in this First Amended Application to add the Fort Collins Pipeline intake as an alternate point of diversion for the Rockwell Reservoir conditional storage right. Greeley also seeks to add the Fort Collins Pipeline intake as an exchange-to point for the associated conditional appropriative rights of exchange. No other changes have been made to the original Application. This First Amended Application is intended to replace the original application in its entirety. Statements of opposition filed in response to the original Application in this matter are considered continuing and applicable to this First Amended Application without any additional filings. 3. Decreed water rights for which change is sought. a. Rockwell Reservoir i. Date of Original and Subsequent Decrees: The original decree for the Rockwell Reservoir conditional water storage right was entered by the District Court, Water Division No. 1 on August 29, 1978 in Case No. W-8675. Diligence decrees were subsequently entered in Case Nos. 82CW294, 86CW224, 98CW242, 06CW64, and 12CW191. ii. Legal Description of the Structure: The proposed dam is to be located in the SE1/4 of the SE1/4 of Section 25, Township 8 North, Range 73 West, of the 6th P.M. in Larimer County, Colorado. The crest of the dam will be approximately 1,000 feet long, and the axis of the dam will be West from a

 

22  

point 200 feet North and 200 feet West of the SE corner of Section 25. iii. Source: The South Fork of the Cache la Poudre River, tributary to the Cache la Poudre and South Platte Rivers. iv. Appropriation Date: October 31, 1951. v. Total Amount Decreed to Structure: 4,900 acre-feet, conditional. vi. Decreed Uses: Municipal, industrial, and agricultural purposes. vii. Amount of Water that Applicant Intends to Change: 4,900 acre-feet. viii. Historic Use: This is still a conditional water right; there has been no historic use. b. Rockwell Reservoir Exchanges i. Date of Original and Subsequent Decrees: The original decree for the Rockwell Reservoir conditional appropriative rights of exchange was entered by the District Court, Water Division No. 1 on November 21, 1979 in Case No. W-9385-78. Diligence decrees were subsequently entered in Case Nos. 83CW321, 87CW190, 98CW243, 06CW64, and 12CW191. ii. Legal Description of the Structure: The proposed dam is to be located in the SE1/4 of the SE1/4 of Section 25, Township 8 North, Range 73 West, of the 6th P.M. in Larimer County, Colorado. The crest of the dam will be approximately 1,000 feet long, and the axis of the dam will be West from a point 200 feet North and 200 feet West of the SE corner of Section 25. iii. Appropriation Date: October 31, 1951. iv. Total Amount Decreed to Structure: 4,900 acre-feet, conditional. v. Decreed Uses: Municipal, industrial, and agricultural purposes. vi. In order to fill Rockwell Reservoir to its decreed capacity in some years, it may be necessary to use water exchanges with other reservoirs and ditches. The reservoirs and ditches were set forth in the W-9385-78 decree on November 21, 1979, and are as follows. a) North Poudre No. 6 Reservoir b) Halligan Reservoir c) Fossil Creek Reservoir d) Cobb Lake Reservoir e) Cameron Ditch f) Michigan Ditch g) Douglas Reservoir h) Reservoir No. 8 and No. 8 Annex i) Barnes Meadow Reservoir j) Peterson Reservoir k) Seaman Reservoir l) Claymore Lake m) Chambers Lake n) Long Draw Reservoir o) Long Pond Reservoir p) Terry Lake Reservoir q) Windsor Reservoir r) Gray Lakes s) Grand River Ditch t) Skyline Ditch u) Laramie-Poudre Tunnel v) Wilson Supply Ditch w) Worster Reservoir x) Timnath Reservoir y) Horsetooth Reservoir z) Lindenmeier Lake aa) Joe Wright Reservoir vii. Amount of Water that Applicant Intends to Change: 4,900 acre-feet. viii. Historic Use: These are still conditional water rights; there has been no historic use. 4. Detailed description of proposed change. a. Applicant is actively exploring available measures to mitigate any potential impacts that might result from the planned expansion and construction, respectively, by Applicant of two separate water storage facilities within the Cache La Poudre River basin. Accordingly, as a potential mitigation measure, Applicant proposes to designate Milton Seaman Reservoir, as it now exists or is hereafter enlarged, as an alternate place of storage for the Rockwell Reservoir conditional storage right. Applicant also proposes to designate the Fort Collins Pipeline intake as an alternate point of diversion to deliver water to the Milton Seaman Reservoir alternate place of storage for the Rockwell Reservoir conditional storage right. See, e.g., City of Thornton v. Clear Creek Water Users Alliance, 859 P.2d 1348 (Colo. 1993). The proposed alternate place of storage and alternate point of diversion are shown on the Location Map, attached hereto as Exhibit A. i. Alternate Place of Storage – Milton Seaman Reservoir. a) Legal Description of the Structure and Proposed Enlargement: Sections 33 and 28, Township 9 North, Range 70 West of the 6th P.M. The Milton Seaman Reservoir Dam is presently located in the SW1/4, NE1/4 and SE1/4, NW1/4 of Section 33, Township 9 North, Range 70 West of the 6th P.M., taking its supply of water from the North Fork of the Cache la Poudre River and its tributaries originating upstream of the Milton Seaman Dam. b) Reservoir Storage Capacity: 53,000 acre-feet. ii. Alternate Point of Diversion – Fort Collins Pipeline Intake. a) Legal Description of the Structure: The Fort Collins Pipeline intake is located on the mainstem of the Cache la Poudre River in the SE1/4 of Section 32, Township 9 North, Range 70 West, being more particularly described as follows: considering the East line of said SE1/4 as bearing N 7°49′9″ E, and with all bearings contained therein relative thereto; commencing at the SE Corner of said Section 32: thence N 4°32′46″ E 1,335.13 feet to the center of said pipeline intake. b) The Fort Collins Pipeline intake point of diversion will be used to convey water to Milton Seaman Reservoir, as it now exists or is hereafter enlarged, using a new structure to be constructed at the existing diversion for the Fort Collins Pipeline. The source of supply is the Cache la Poudre River. c) Anticipated Structure Capacity: 75 c.f.s. d) Use Authorization: Applicant recognizes that it must obtain authorization from the City of Fort Collins prior to constructing or operating any facilities at the Fort Collins Pipeline intake point of diversion. b. In conjunction with the change described in Paragraph 3.a. above, Applicant proposes to add Milton Seaman

 

23  

Reservoir and the Fort Collins Pipeline intake as exchange-to points for each of the Rockwell Reservoir Exchanges with the following structures. i. Exchange-From Points for Milton Seaman Reservoir. a) North Poudre No. 6 Reservoir b) Fossil Creek Reservoir c) Cobb Lake Reservoir d) Cameron Ditch e) Douglas Reservoir f) Reservoir No. 8 and No. 8 Annex g) Barnes Meadow Reservoir h) Peterson Reservoir i) Chambers Lake j) Long Draw Reservoir k) Long Pond Reservoir l) Terry Lake Reservoir m) Windsor Reservoir n) Grand River Ditch o) Skyline Ditch p) Laramie-Poudre Tunnel q) Timnath Reservoir ii. Exchange-From Points for the Fort Collins Pipeline Intake. a) North Poudre No. 6 Reservoir b) Fossil Creek Reservoir c) Cobb Lake Reservoir d) Douglas Reservoir e) Reservoir No. 8 and No. 8 Annex f) Long Pond Reservoir g) Terry Lake Reservoir h) Windsor Reservoir i) Timnath Reservoir c. The total amount of water available for storage under the Rockwell Reservoir conditional storage right and Rockwell Reservoir Exchanges will be limited to the amount of water physically and legally available to Greeley at the locations of storage and exchange originally decreed in Case Nos. W-8675 and W-9385-78. d. Applicant does not propose to enlarge, expand, or increase the quantity of the Rockwell Reservoir conditional storage right or the Rockwell Reservoir Exchanges, and Applicant does not propose to change the types or place of use decreed for the subject water rights. 5. Names and addresses of owners of land upon which a new diversion or storage structure, or modification to an existing diversion or storage structure, is or may be constructed or upon which water is or may be stored. a. United States of America General Delivery Washington, DC 20410 b. United States Forest Service 2150 Centre Avenue, Building E Fort Collins, CO 80526-8119 c. United States Department of Agriculture Forest Service, Inspector General 2850 McClelland Drive Fort Collins, CO 80525 d. State Board of Land Commissioners 1127 Sherman Street, Suite 300 Denver, CO 80203 e. City of Fort Collins Water Department P.O. Box 580 Fort Collins, CO 80522 f. State of Colorado Department of Natural Resources 6060 Broadway Denver, CO 80216 g. James R. Kahn 6065 Obenchain Road Laporte, CO 80535 h. Overview Business Holdings, LLC 379 State Route 34 Locke, NY 13092 i. Linda A. McMurry Trust and Murry R. McMurry Trust 3673 Bradford Street NE Grand Rapids, MI 49525 j. Colorado State University State School Land Board of Land Commissioners 1313 Sherman Street Denver, CO 80203 The above landowners will be notified of this First Amended Application within fourteen (14) days after the date of filing. [9 pages]. THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED.

YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of AUGUST 2016 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be filed as an Original and include $158.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.