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

17CW2 EINARSEN LAND COMPANY, LLC, 1060 S. Independence Ct., Lakewood, CO 80226. 303-985-8291. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 9-9-04 in case 96CW662, WD1. Subsequent decree: 1-3-11 in case 10CW220, WD1. Einarsen Lot 60 Well located NW1/4, NW1/4, S35, T9S, R75W, 6th PM, Filing 15, Indian Mountain Subdivision, 215 Tombigbee Court. Einarsen Lot 62 Well located NW1/4, NW1/4, S35, T9S, R75W, 6th PM, Filing 15, Indian Mountain Subdivision, 215 Tombigbee Court. Source: Groundwater. Appropriation date: 5-31-73. Amount: Both lots-15 gpm, Conditional. Use: Household use only inside a single family dwelling not including irrigation. 17CW3 JOHN TIMMERMAN, PO BOX 145, Idledale, CO 80453. 720-840-8169. APPLICATION TO MAKE ABSOLUTE IN WHOLE OR IN PART IN JEFFERSON COUNTY. Date of original decree: 07-06-04 in case 03CW281, WD1; Subsequent decree: 01-11-11 in case 10CW185, WD1. Burleson Well No 3, permit 77494-F, located SW1/4, NE1/4, S29, T4S, R70W of the 6th PM. Burleson Ranch Subdivision, Lot 3; 13S Easting 478962, Northing 4391777. 21850 Clarence Lane, Golden, CO 80401. Source: Groundwater. Appropriation date: 07-31-03. Claim to make absolute. Date water applied to beneficial use: 07-15. Amount: 7 gpm. Use: Ordinary household purposes inside a single family dwelling, the watering of domestic animals, the irrigation of lawns and gardens and fire protection purposes. 17CW4 ISVAR FARMS, LLC, % Isabell Vargo, 18847 WCR 25 1/2, Platteville, CO 80651. 970-396-8424. APPLICATION FOR CORRECTION FOR AN ESTABLISHED BUT ERRONEOUSLY DESCRIBED POINT OF DIVERSION PURSUANT TO §37-92-305(3.6), C.R.S. IN WELD COUNTY. The Well is located where it was originally drilled. The erroneously decreed location is 2380 ft. south and 340 ft. east of the NW corner of S31, T4N, R66W of the 6th PM. The actual established location is the SW1/4 of the NW1/4 of S31, T4N, R66W, 2601 ft. from the north line and 417 ft. from west line of said S31, which is more than 200 feet from the decreed location. 17CW5 PHILIP AND KATHLEEN BARENBERG, 7935 E. Robin Road, Parker, CO 80138. 303-841-9463 and KENNETH AND JAMEE McDANIEL, 6675 Youngfield Circle, Arvada, CO 80004. 303-420-9492. APPLICATION FOR FINDING OF REASONABLE DILIGLENCE IN PARK COUNTY. Date of original decree: 5-18-04 in case 96CW401, WD 1. Subsequent decree: 1-4-11 in case 10CW202, WD 1. Barbenberg-McDaniel Well located SW1/4, SE1/4, S14, T9S, R75W of the 6th PM, Lot 31, Filing 26, Unit 1, Indian Mountain subdivision, 250 Quarter Horse Rd. Source: Groundwater. Appropriation date: 5-31-73. Amount: 15gpm, Conditional. Use: Household use inside a single family dwelling, not including irrigation.

17CW6 TERRANCE AND SUSAN ELLIOTT, PO Box 272, Idledale, CO 80453. 720-413-6107. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN JEFFERSON COUNTY. Date of original decree: 7-6-04 in case 03CW281, WD1; Subsequent decree: 1-11-11 in case 10CW185, WD1. Burleson Well No 4, permit 79877-F, located SW1/4, NE1/4, S29, T4S, R70W of the 6th PM, Lot 4 Filing 1, Burleson Ranch. Source: Groundwater. Appropriation date: 7-31-03. Amount: 15 gpm, Conditional. Depth: 1001 ft. Use: Domestic and ordinary household uses inside one single family dwelling, irrigation of not more than 500 sq. ft. of lawns or 1250 sq. ft. of gardens or any combination

 

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thereof that does not consume more water than 500 sq. ft. of lawns and the watering of a mazimum of two horses. 17CW7 JAMES E. AND JILL L. DUVALL, Box 1492, Elizabeth, CO 80107. 303-646-3202. APPLICATION FOR UNDERGROUND WATER RIGHTS IN THE DENVER BASIN AQUIFERS IN ELBERT COUNTY. Applicant seeks to adjudicate the well, permit 207237, and to adjudicate the non tributary and not nontributary Denver Basin groundwater underlying a 39.958 acre tract of land lying in the SE1/4, NE1/4, S8, T7S, R64W of the 6th PM including the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers. 17CW3000, JRW Family Limited Partnership, 5975 E. Jamison Place, Englewood, CO 80112 (James Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES IN THE NOT NONTRIBUTARY LOWER DAWSON AND DENVER AND NONTRIBUTARY ARAPAHOE AND LARAMIE-FOX HILLS AQUIFERS, DOUGLAS COUNTY. 1.2 acres generally located in the NW1/4SW1/4 of Section 35, T7S, R67W of the 6th P.M., Douglas County, as described and shown on Attachment A hereto ("Subject Property"). Estimated annual amounts: Lower Dawson: 0.5, Denver: 0.7 acre-feet, Arapahoe: 0.6 acre-feet, Laramie-Fox Hills: 0.3 acre-feet. Uses: domestic, commercial, industrial, irrigation, stockwatering, fire protection, augmentation, including storage, both on and off the Subject Property. Further, Applicant prays that this Court grant the application and for such other relief as seems proper in the premises. (5 pages). 17CW3001 Scotch Pines Homeowners Association, c/o Michelle Bermejo, Community Association Manager, Touchstone Property Management, LLC, 2850 McClelland Drive, Suite 1000, Fort Collins, CO 80525-2576, (970) 223-5000. Please forward all pleadings and correspondence to Donald E. Frick, Fischer, Brown, Bartlett & Gunn, P.C., 1319 E. Prospect Road, Fort Collins, Colorado 80525. APPLICATION FOR CORRECTION FOR AN ESTABLISHED BUT ERRONEOUSLY DESCRIBED POINT OF DIVERSION PURSUANT TO § 37-92-305(3.6), C.R.S. 2 IN LARIMER COUNTY. Decreed water right for which correction is sought: A. Name of structure: Colorado Development Fund Well No. 1 (hereinafter the “Subject Well”). B. Date of original and all relevant subsequent decrees: November 22, 1972, Case No: W-1898, District Court, Water Division 1. C. The Legal description of the structure as described in the decree in Case No. W-1898, District Court, Water Division 1 is as follows: Well No. 1 is located in the NW1/4NE1/4 of Section 25, Township 7 North, Range 69 West of the 6th P.M., Larimer County, Colorado, at a point whence the N1/4 corner of Section 25 bears north 48°30' west, 377 feet. D. Decreed source of water: Groundwater E. Appropriation Date: November 30, 1910 F. Total amount decreed to structure in gallons per minute (gpm) or cubic feet per second (cfs): Absolute 0.1222 c.f.s. G. Decreed use or uses: Stock, recreation, domestic and irrigation of approximately 20 acres located in the NW1/4 of Section 25, Township 7 North, Range 69 West of the 6th P.M., Larimer County, Colorado. H. Amount of water decreed: Absolute 0.1222 c.f.s. 3. Detailed description of proposed correction to an established but erroneously described point of diversion: A. Complete statement of correction to an established but erroneously described point of diversion, including whether it is erroneously described. The water right for the Subject Well was decreed in Case No. W-1898, District Court, Water Division 1. Said decree erroneously described the location of the Subject Well as originally constructed. Upon information and belief, the Subject Well has never been reconstructed/relocated from its actual present location since entry of the W-1898 Decree. The actual location of the Subject Well is located over 200 feet from the decreed location. Applicant seeks to correct the decreed location of the Subject Well pursuant to C.R.S. §37-92-305(3.6)(c). B. The legal description of the corrected point of diversion: UTM coordinates Northing: 4488948 Easting 4944509, Zone 13, Source of UTMs (for example, hand-held Garmin GPS): handheld GPS, Accuracy of location displayed on GPS device (for example, accurate to within 200 feet): within 200 feet. 4. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or

 

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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 (other than Applicant). A. None. 4 pages 17CW3002, Dennis and Janell Ball, 500 Tremolite Place, Castle Rock, CO 80108 (James J. Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR CHANGE OF WATER RIGHT, DOUGLAS COUNTY. Decree information for which change is sought: Case No. 09CW112, decreed on January 7, 2010. The property which is the subject of the decree is 20.5 acres generally located in the S1/2S1/2 of Section 23, T7S, R67W of the 6th P.M., Douglas County, as shown on Attachment A (Subject Property). Applicants are the owners of the Subject Property and the groundwater which is the subject of this application. Proposed change: In the original decree, an augmentation plan was approved for use of 0.75 acre-feet per year of not nontributary Lower Dawson aquifer groundwater through four wells, including existing well Permit No. 37327, for in house use (0.35 acre-feet) and irrigation of 7000 square-feet of home lawn and garden (0.4 acre-feet). By this application, Applicants request that the use of 1.5 acre-feet per year associated with two of the wells be withdrawn through the existing well Permit No. 37327 for in house use in two residences (0.35 acre-feet per residence and 0.7 acre-feet total), irrigation of 12,000 square-feet of home lawn and garden (0.7 acre-feet), and stockwatering of up to 8 large domestic animals (0.1 acre-feet). Applicants reserve the right to revise the uses and annual amount to be withdrawn pursuant to this change without having to amend the application or republish the same. Return flow from in-house and irrigation use will be approximately 90% and 15% of that use, respectively. During pumping Applicants will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c), C.R.S. Pursuant to Case No. 09CW112, the actual depletion at 100 years of pumping is 1.423% of the annual amount withdrawn. Depletions occur to the East Plum Creek stream system and return flows accrue to that stream system in a sufficient amount to replace actual depletions while the groundwater is being pumped. No other provisions of the original decree will be changed, including reservation of an equal amount of nontributary groundwater underlying the Subject Property for replacement of post pumping depletions. Further, Applicants pray that this Court grant the application and for such other relief as seems proper in the premises. (4 pages). 17CW3003 Russell Watterson and Lara and Gilberto Vazquez, 905 W. 124th Ave., Suite 210, Westminster, Colorado 80234 (Bradford R. Benning, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), AMENDED APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY LARAMIE-FOX HILLS AQUIFER, WELD COUNTY. Subject Property: 74.08 acres being Lots A and B of Recorded Exemption No. 1469-33-02, RECX 16-0083, and generally located in the S1/2NW1/4 of Section 33, T1N, R67W of the 6th P.M., as shown on Attachment A. Source of Water Rights Requested: Nontributary Laramie-Fox Hills aquifer groundwater as described in Section 37-90-103(10.5), C.R.S. Annual Amount: 26.5 acre-feet per year based on saturated thickness of 239 feet. Proposed Use: Domestic, commercial, irrigation, stockwatering, and augmentation purposes, including storage, both on and off the Subject Property. Remarks: A. Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 5 above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Applicants request the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. C. Applicants may construct additional wells in order to meet water supply demands, or to recover the entire amount of groundwater in the subject aquifer underlying the Subject Property. Further, Applicants pray that this Court grant the amended application and for such other relief as seems proper in the premises. (5 pages). 17CW3004, BIG ELK MEADOWS ASSOCIATION IN THE WEST FORK OF THE LITTLE THOMPSON RIVER, TRIBUTARY TO THE SOUTH PLATTE RIVER IN BOULDER AND LARIMER COUNTIES, P.O. Box 440, Lyons, Colorado 80540, Telephone: 303.823.6369, Attorneys: John M. Dingess and Peter C. Johnson, Hamre, Rodriguez, Ostrander & Dingess, P.C., 3600 South

 

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Yosemite Street, Suite 500, Denver, Colorado 80237, Telephone: 303.779.0200, APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE IN BOULDER AND LARIMER COUNTIES. 2. Description of Conditional Water Rights: 2.1 Canyon Lake. 2.1.1. Name of Structure: Canyon Lake. 2.1.2. Date of Original Decree: July 6, 1977, Case No. W-1769, District Court, Water Division 1, Colorado. 2.1.3. Subsequent Decrees Awarding Findings of Diligence: 2.1.3.1. Case No. 10CW213, Decree entered January 11, 2011. 2.1.3.2. Case No. 02CW252, Decree entered August 18, 2004. 2.1.3.3. Case No. 95CW244, Decree entered January 3, 1997. 2.1.3.4. Case No. 89CW093, Decree entered December 13, 1989. 2.1.3.5. Case No. 85CW150, Decree entered October 15, 1987. 2.1.3.6. Case No. 81CW203, Decree entered June 11, 1982. 2.1.4. Location: Canyon Lake is decreed to be located as follows: That portion of Section 35, Township 4 North, Range 72 West and that portion of Section 36, Township 4 North, Range 72 West of the 6th P.M., Larimer County, Colorado, more particularly described as follows: Considering the East line of the SE1/4 of Section 35, Township 4 North, Range 72 West of the 6th P.M. as bearing North 03°05'35'' East and with all bearings contained herein relative thereto: Beginning at the SE corner of said Section 35; thence North 04°35'09'' East 2425.40 feet to the TRUE POINT OF BEGINNING, said point being the approximate centerpoint of the proposed dam, which point is also described as 55 feet East of the West Section Line and 2435.00 feet North of the South Section Line of Section 36, Township 4 North, Range 72 West of the 6th P.M., Larimer County, Colorado; thence along the approximate high-water water line of the proposed reservoir the following courses and distances: North 56°08'18" East 74.77 feet; North 21°47'14'' West 64.74 feet; North 83°28'32'' West 86.91 feet to a point which bears South 05°14'40'' East 61.68 feet from the East Quarter corner of said Section 35; thence continuing along said approximate high water line North 49°51'58'' West 144.38 feet; North 06°38'51" East 96.93 feet; North 13°26'04" West 175.35 feet; North 31°37'02'' West 133.91 feet; North 08°53'08" West 54.40 feet; South 15°58'06" West 48.82 feet; South 00°24'02'' East 78.12 feet; South 15°44'09'' West 65.61 feet; North 81°59'24'' West 30.59 feet; North 29°52'36" West 115.18 feet; North 57°11'32" West 157.69 feet; North 80°13'50'' West 95.17 feet; South 71°13'42'' West 91.03 feet; South 45°20'18'' West 586.35 feet; South 30°54'47'' West 150.80 feet; South 21°57'12'' West 303.16 feet; South 35°19'02'' West 224.68 feet; South 62°47'32'' West 298.27 feet; South 28°42'48'' West 101.37 feet; South 12°58'54'' West 81.90 feet; South 22°13'10'' West 81.70 feet; South 10°19'40'' West 222.54 feet; South 39°20'37'' West 147.28 feet; South 33°49'20" East 48.78 feet; South 21°48'14" West 85.58 feet; South 80°54'27" West 180.51 feet; North 65°21'43' West 67.10 feet; South 54°52'55'' East 87.74 feet; South 89°20'21'' East 163.34 feet; North 56°34'51'' East 69.66 feet; North 37°14'12'' East 214.38 feet; North 06°39'18'' East 48.00 feet; North 28°43'35" East 436.22 feet; North 47°33'15" East 179.65 feet; North 76°45'37'' East 69.78 feet; North 59°08'31" East 99.22 feet; North 31°29'21" East 45.81 feet; North 44°37'04'' East 152.80 feet; North 20°27'56'' East 123.37 feet; North 28°58'41'' East 100.27 feet; North 27°48'13' East 206.17 feet; North 55°08'23 East 294.38 feet; South 62°21'48'' East 129.89 feet; South 29°12'53'' East 73.27 feet; South 25°54'13'' East 130.96 feet; South 33°33'09'' East 71.63 feet; South 59°58'50'' East 147.23 feet; South 75°54'06'' East 91.32 feet; North 71°26'21'' East 109.88 feet; North 47°12'43'' East 83.58 feet; North 56°08'18'' East 74.77 feet to the TRUE POINT OF BEGINNING. 2.1.5. Source: West Fork of the Little Thompson River. 2.1.6. Appropriation Date: October 13, 1971. 2.1.7. Amount: 300 Acre-Feet CONDITIONAL. 2.1.8. Use: Domestic, irrigation, municipal, fish culture and recreation. 2.2. Big Elk Meadows Pipeline. 2.2.1. Name of Structure: Big Elk Meadows Pipeline. 2.2.2. Date of Original Decree: July 6, 1977, Case No. W-1767, District Court, Water Division 1, Colorado. 2.2.3. Subsequent Decrees Awarding Findings of Diligence: 2.2.3.1. Case No. 10CW212, Decree entered January 31, 2011. 2.2.3.2. Case No. 02CW250, Decree entered August 18, 2004. 2.2.3.3. Case No. 95CW243, Decree entered January 3, 1997. 2.2.3.4. Case No. 89CW092, Decree entered December 13, 1989. 2.2.3.5. Case No. 85CW151, Decree entered May 27, 1988. 2.2.3.6. Case No. 81CW200, Decree entered June 11, 1982. 2.2.4. Location: The Big Elk Meadows Pipeline water right was originally decreed to be located as follows: A point whence the SW corner of Section 35, Township 4 North, Range 72 West of the 6th P.M. bears North 64° East, 1,650 feet. In Case No. 02CW251, Decree entered August 18, 2004, the point of diversion of the Big Elk Meadows Pipeline water right was changed to an alternate point of diversion at the Intake Facility as constructed at Mirror

 

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Lake. The Intake Facility, as constructed, is located in the SW1/4 of Section 35, Township 4 North, Range 72 West of the 6th P.M in Larimer County, Colorado. Beginning at the SW Corner of said Section 35, heading in a true North direction 1,921 feet, thence East 1,508 feet, is the North end of said 4-inch diameter pipeline that extends 90 feet South (“Alternate Point of Diversion”). The Intake Facility as constructed is located approximately 4,600 feet downstream from the originally decreed point of diversion on the West Fork of the Little Thompson River. 2.2.5. Source: West Fork of the Little Thompson River. 2.2.6. Appropriation Date: October 13, 1971. 2.2.7. Amount: 1.0 cfs CONDITIONAL. 2.2.8. Use: Domestic, irrigation, municipal, fish culture and recreation. 3. Integrated Water Supply System: The subject conditional water rights constitute features of an integrated water system. “When a project or integrated system is comprised of several features, work on one feature of the project or system shall be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the entire project or system.” C.R.S. § 37-92-301(4)(b). 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 previous diligence period: The subject conditional water rights are part of Applicant’s integrated water supply system. This system currently serves, or will serve, approximately 166 homes, and consists of decreed wells, a surface spring, five reservoirs, Canyon Lake, and the Big Elk Meadows Pipeline water right. During the subject diligence period, Applicant has completed work necessary to put the subject conditional water rights to beneficial use, including the following: 4.1. In November 2012, Applicant completed construction on an upgrade to the Meadow Lake Dam head works and monitoring equipment at a cost of approximately $277,000. The existing 6" pipe was removed and replaced with a 12" pipe and gate to facilitate more rapid releases. The creek and structure at the base of the dam was rerouted and reinforced to handle increased flow and to protect the base of the dam. New digital recording devices were installed above and below the series of reservoirs, and a larger meter was installed at the point of release below Meadow Dam to more accurately measure inflows, outflows and releases. 4.2. The Applicant expended approximately $15,600 on legal fees related to development and maintenance of all components of its integrated water storage and delivery system, including expenditures more specifically described herein. Applicant also expended approximately $2,400 on legal fees specifically related to the structures described herein and associated legal actions. 4.3. Applicant spent approximately $96,400 to improve and upgrade its water rights accounting, including the development of new management practices to utilize the upgraded accounting for the subject rights of exchange, and the continued support of technical consultants to develop and implement such practices. 4.4. Applicant constructed a release structure that allows it to release water from Ish Reservoir to the Little Thompson River, as further described herein, so that Applicant may operate an appropriative right of exchange integral to its augmentation plan and integrated water supply system. This effort included the negotiation of a contract with the River Glen Homeowners Association, technical engineering work, legal fees, and construction costs. Applicant spent approximately $16,900 on this effort. 4.5. Applicant obtained grant funding and installed a SCADA electronic management system at a cost of $221,500. 4.6. Applicant prosecuted Case No. 15CW3074, Water Division 1, which involved claims for finding of reasonable diligence and to make partially absolute an appropriative right of exchange integral to its augmentation plan and integrated water supply system. A decree in this matter was entered on November 30, 2016. 4.7. During August and September 2016, BEMA negotiated a contract with Osborn & Caywood to use a bypass structure that is necessary to deliver certain return flows to a point above the Rockwell Ditch, as required in Case No. 95CW238, Water Division 1. The initial administrative cost of implementing the contract was $1,500. 4.8. In September of 2013, an unprecedented massive flood destroyed Applicant’s integrated water supply system. Since the flood, Applicant has expended approximately $3,170,000 to rebuild, repair, and improve its integrated water supply system. This work has included applications for financing for rebuilding and improving the integrated water supply system, hydrological and feasibility studies for Applicant’s reservoirs, construction of several dams, and improvement of measuring structures. These activities include, but are not limited to, the following: 4.8.1. The upper flume for Applicant’s reservoir system was replaced and upgraded at a cost of $2,300. 4.8.2. Coffer dams were built in the lake bed of

 

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Sunset Lake to mitigate silting in Mirror Lake, Willow Lake and Rainbow Lake. A diversion facility was completed at the diversion point for the Big Elk Meadows Pipeline to the Big Elk Meadows Water Treatment Plant. Cost of these items was $55,000. 4.8.3. Between February 2014 and August 2015, the dam and spillway of Mirror Lake was replaced and upgraded to handle 100 year weather events, at a cost of $929,000. Applicant obtained a grant from the Federal Emergency Management Agency to cover a portion of this cost. 4.8.4. Between September 2014 and June 2015, the domestic water mains in Big Elk Meadows were replaced and upgraded at a cost of $1,711,000. Applicant obtained a grant from the Federal Emergency Management Agency to cover a portion of this cost. 4.8.5. Applicant obtained grant funding and installed a water storage tank, water mains, and a pumping system. This work was completed by July 1, 2016, at a cost of $479,250. 4.8.6. Applicant levied special assessments on its residents, raising approximately $1.6 million. These funds were used to cover the replacement and upgrading of infrastructure lost and damaged during the September 2013 floods, and to provide matching funds where necessary to satisfy grant requirements. 5. Claim to make absolute: 5.1. Name of Conditional Water Right: Big Elk Meadows Pipeline, as described in paragraph 2.2 above. 5.2. Date of Application to Beneficial Use: November 11, 2011. 5.3. Amount: 0.071 c.f.s., ABSOLUTE. 5.4. Uses: As described in paragraph 2.2.8 above. 5.5. Evidence that diversion was made in priority: Applicant’s accounting records prove that the above-described diversion was made in priority. 5.6. Remarks: In Case No. 10CW212, Water Division 1, the Big Elk Meadows Pipeline was decreed partially absolute in the amount of 0.038 c.f.s. or 17.09 gallons per minute, and the remaining conditional portion of the water right was continued in full force and effect. The claim to make absolute herein is based on a pumping rate of 32 gallons per minute, and therefore is a claim to make absolute an additional 14.91 gallons per minute or 0.033 c.f.s. 6. Name and address of owner 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: 6.1. Canyon Lake is decreed to be located on land partially owned in common by the Applicant, a Homeowners Association, and partially owned by the following : United States Department of Agriculture, Arapahoe and Roosevelt National Forest, Canyon Lakes Ranger District, 2150 Centre Ave., Building E, Fort Collins, Colorado 80526, State Board of Land Commissioners, 1127 Sherman Street, #300, Denver, Colorado 80203. 6.2. All other structures identified herein, are located on land commonly owned by Applicant, a Home Owner’s Association. WHEREFORE, the Applicant respectfully requests that this Court enter a decree: (1) finding that the Applicant has exercised reasonable diligence in the development of the subject conditional water rights; (2) confirming that the subject conditional water rights are part of an integrated water system and that due diligence as to any one component constitutes due diligence on all parts of such system; (3) awarding the above-described absolute water right for the portion of the conditional water right described above; (4) continuing the remaining conditional portion of the subject conditional water rights in full force as decreed, and for such other and further relief as this Court deems just and proper. 17CW3005 (10CW238, 84CW177) City of Longmont (“Longmont”), c/o Public Works and Natural Resources Department, 1100 South Sherman Street, Longmont, Colorado 80501, 303-651-8376 and Cemex, Inc. (“Cemex”), c/o Lyons Plant Manager, 5134 Ute Highway, P.O. Box 529, Lyons, Colorado 80540, (303) 823-2109. With copies of pleadings to: Raymond L. Petros, Jr., David S. Hayes, Petros & White, LLC, 1999 Broadway, Suite 3200, Denver, Colorado 80202, (303) 825-1980. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN BOULDER COUNTY, COLORADO. 2. Name of structure: St. Vrain - Portland No. 1 Reservoir (a/k/a A-Pit). 3. Description of conditional water right: A. Original decree: Decreed by the District Court, Water Division No. 1, in Case No. 84CW177, on June 27, 1991. B. Legal description: Section 28, Township 3 North, Range 70 West, 6th P.M., Boulder County, as depicted on the map attached hereto as Exhibit C. C. Source: St. Vrain Creek, via the Swede Ditch, Boulder Feeder Canal, Foothills Reservoir Feeder Canal, and/or Smead Ditch, also shown on Exhibit C. D. Amount: 9,000 acre-feet, conditional. E. Use: Irrigation, municipal, industrial, flood control, water quality control, recreation, fishery enhancement, minimum stream flows,

 

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exchange and replacement. F. Prior diligence decrees and decree making partially absolute: Findings of reasonable diligence were subsequently made in the decrees entered in Case No. 97CW189, on February 9, 1998; Case No. 04CW34, on September 17, 2004; and Case No. 10CW238, on January 20, 2011. In addition, the decreed entered in Case No. 97CW189 made absolute 1607 acre-feet for irrigation, industrial, flood control, recreation, fishery enhancement, and exchange and replacement purposes. 4. Evidence of reasonable diligence: Cemex, formerly known as Southdown, Inc. d/b/a Southwestern Portland Cement Company, mines limestone and other materials from its property to manufacture cement or to produce aggregates at its cement plant near Lyons, Colorado. Cemex’ reclamation plan is to fill some of the mining pit(s) with water for use as reservoirs. The St. Vrain - Portland No. 1 Reservoir right (“Subject Right”) was initiated to fill such pit(s) with water diverted out of the St. Vrain Creek via several existing ditches running through the site. During the applicable diligence period (January 2011 - Present) (the “Diligence Period”), the Applicants have expended significant effort and money in the development of the Subject Right. These efforts are detailed in the affidavit of Bradley S. Wilson, Plant Manager for Cemex, attached as Exhibit A and the affidavit of Ken S. Huson, Water Resources Manager for the City of Longmont, attached as Exhibit B. Such efforts include, without limitation, the following: (A) Cemex’ use of the Subject Right and subject structure for industrial purposes and other reclamation uses; (B) post-flood repair and maintenance of feeder ditches for delivery of water to the subject structure; (C) re-grading of the A-Pit’s north slope; and (D) integration of the subject structure into Longmont’s integrated water system, including adjudications confirming the A-Pit as an alternate point of storage for Longmont’s raw water rights. 5. Name(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: A. Reservoir: Cemex, Inc., at the address given previously. B. Foothills Reservoir Feeder Canal: Highland Ditch Company, 4309 State Highway 66, Longmont, Colorado 80504. C. Swede Ditch: Swede Ditch Company, P.O. Box 95, Hygiene, Colorado 80533. D. Boulder Feeder Canal: Northern Colorado Water Conservancy District, 220 Water Avenue, Berthoud, Colorado 80513. E. Smead Ditch: Smead Ditch Company, 5475 Hygiene Road, Longmont, CO 80503. Applicants respectfully request that the Court enter a decree finding reasonable diligence for and continuing in full force and effect the remaining conditional portion of the Subject Right described in Paragraphs 2 & 3 above. (3 Exhibits) 17CW3006 Low Line Ditch Company, hereinafter “Applicant,” c/o Steve Kaiser, Secretary, 22811 CR 36, Sterling, CO 80751. 970-522-2330. Please send all future correspondence and pleadings to: Kelly Custer, Lawrence Jones Custer Grasmick, LLP, 5245 Ronald Reagan Blvd., Ste. 1, Johnstown, CO 80534, telephone: 970-622-8181. APPLICATION FOR FINDING OF REASONABLE DILIGENCE, in LOGAN COUNTY. 2. Name of Structure: Low Line Ditch Recharge Project. 3. Conditional Water Right: 3.1 Original Decree: Case No. 03CW94, January 16, 2007, Water Division No. 1; Diligence Decree: Case No. 10CW222, January 11, 2011, Water Division No. 1. 3.2 Diversion Points: 3.2.1 Low Line Ditch. In the Northeast Quarter (NE1/4) of Section 33, Township 8 North, Range 52 West of the 6th P.M., Logan County, Colorado at the diversion works of the Low Line Ditch. 3.2.2 Low Line Recharge Pumping Station No. 1. In the NE1/4 SE1/4 of Section 21, Township 8 North, Range 52 West of the 6th P.M., Logan County, Colorado, a surface diversion on the Pioneer Drain. 3.2.3 Low Line Recharge Well No. 1. In the SW1/4 NW1/4 of Section 22, Township 8 North, Range 52 West of the 6th P.M., Logan County, Colorado at point 1600 feet south and 1300 feet east of the Northwest corner of said section. 3.3 Sources: 3.3.1 Low Line Ditch. The South Platte River. 3.3.2 Low Line Recharge Pumping Station No. 1. Pioneer Drain. 3.3.3. Low Line Recharge Well No. 1. Groundwater tributary to the South Platte River. 4. Dates of Appropriation: Low Line Ditch, September 26, 2002. Low Line Recharge Pumping Station No. 1 and Low Line Recharge Well No. 1, March 10, 2006. 5. Amounts. 5.1 Low Line Ditch: 40 cfs, absolute. 5.2 Low Line Recharge Pumping Station No. 1: 5.42 cfs, absolute, 0.58 cfs, conditional. 5.3 Low Line Recharge Well No. 1: 8.91 cfs, conditional, 4000 af, conditional. 6. Uses: Augmentation, directly and by exchange, of water rights used for irrigation, livestock, recharge, replacement and for

 

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wildlife and wildlife recovery. 7. Outline of What Has Been Done Toward Completion: During the diligence period, Applicant continued to divert its recharge water rights for beneficial use when available in priority. Applicant has continued to plan for future use of the Recharge Well No. 1. Applicant has operated, maintained, and repaired its diversion and recharge infrastructure including: repair and reconstruction of the Low Line Ditch spillway and diversion dam, installation of a separate flume to measure excess credits diverted by exchange, maintenance of data recorders, and dredging of recharge ponds. Expenses for such activities totaled approximately $128,500, portions of which were covered by grant funds. Applicant participated as an objector in Case No. 03CW428 and Case No. 14CW3075, Water Division 1, in order to protect its water rights from potential injury, and incurred fees and costs in those cases. 8. Claim for Diligence: Applicant seeks a finding of reasonable diligence for the Low Line Recharge Pumping Station No. 1 in the amount of 0.58 cfs, conditional, and the Low Line Recharge Well No. 1 in the amounts of 8.91 cfs, conditional, and 4000 af, conditional. Applicant requests the court to continue the conditional water rights for an additional diligence period, and such other and further relief as the court deems just. 9. Owners of Lands on which Structures are Located: The parcel on which the Low Line Recharge Pumping Station No. 1 and the Low Line Recharge Well No. 1 are and will be located is owned by William Clouse and Rebecca Clouse, 20864 Highway 138, Sterling, CO 80751. 4 Pages, No Exhibits. 17CW3007 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF CLEAR CREEK and THE CLEAR CREEK ECONOMIC DEVELOPMENT CORPORATION. Board of county commissioners of the county of Clear Creek c/o Berten R. Weaver, Water Resources Manager, P.O. Box 2000, Georgetown, CO 80444, Clear Creek Economic Development Corporation P.O. Box 2030, Georgetown, CO 80444. Please direct all correspondence concerning this Application to: Paul Zilis, Esq. and Andrea Kehrl, Esq., Vranesh and Raisch, LLP, 1720 14th St., Suite 200, Boulder, CO 80302 With a copy to: Robert G. Cole, Collins, Cockrel and Cole, P.C., 390 Union Blvd., Ste. 400, Denver, CO 80228-1556. APPLICATION FOR FINDING OF REASONABLE DILIGENCE in CLEAR CREEK COUNTY. 2. Name of structure: Upper Johnson Gulch Reservoir. The water right decreed to the Upper Johnson Gulch Reservoir is referred to below as the “Subject Conditional Water Right.” 3. Description of Subject Conditional Water Right: A. Date of original decree: Case No. 02CW309, District Court, Water Division No. 1, State of Colorado, entered on January 26, 2011. B. Subsequent decrees awarding findings of reasonable diligence: N/A. C. Legal description of the structure: 1. Location of Dam: The Upper Johnson Gulch Reservoir is located in the NW1/4 NE1/4, Section 3, Township 4 South, Range 72 West, 6th P.M., at a point approximately 900 feet from the North section line and 1,900 feet from the East section line of said Section 3 in Clear Creek County, Colorado. See Exhibit A attached to the application for a map of the location of the Upper Johnson Gulch Reservoir. 2. On-Channel Reservoir: The Upper Johnson Gulch Reservoir is an on-channel reservoir, and therefore no ditches will be used to fill the reservoir. D. Source of water: Johnson Gulch, a tributary of Clear Creek. E. Date of appropriation and amount: August 27, 2002; 75 acre-feet, conditional. F. Use: All municipal purposes, including fire protection, irrigation of lawns, gardens and parks, domestic, commercial, industrial, recreational, fish and wildlife propagation, reservoir evaporation replacement, augmentation, and the right of reuse. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to beneficial use as conditionally decreed, including expenditures, during the previous diligence period: A. The Subject Conditional Water Right is part of an integrated system operated by Applicants for use of water within Clear Creek County, which system includes other reservoirs, exchanges, and senior water rights. B. During the diligence period, Applicants prosecuted an appropriative right of substitution and exchange to have the right to store water in Upper Johnson Gulch Reservoir, which right was decreed as the “Johnson Gulch Exchange” in Case No. 02CW310 on October 20, 2010. Exercising the Johnson Gulch Exchange will allow Applicants to deliver their water rights decreed for substitution and exchange purposes to the confluence of Johnson Gulch and the mainstem of Clear Creek in order to divert an equivalent amount of water from the tributaries to or the mainstem of Clear Creek and to store such water in Upper Johnson Gulch Reservoir. C. During 2016, Applicants

 

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expended significant legal fees in order to evaluate their diligence activities for the Johnson Gulch Exchange and to develop an Application for Finding of Reasonable Diligence, which Applicants filed with this Court on October 28, 2016. D. During the diligence period, Clear Creek County prosecuted its basin-wide augmentation plan in Case No. 05CW302, which was decreed on June 20, 2014 (hereinafter, “Basin-Wide Augmentation Plan”). There were 24 Opposers in that case and Clear Creek County expended in excess of $600,000 in legal and engineering fees during the diligence period. The Subject Conditional Water Right and the Basin-Wide Augmentation Plan will be essential for providing water for use within Clear Creek County. E. During the diligence period, Clear Creek County operated the Basin-Wide Augmentation Plan prior to its adjudication in annual Substitute Water Supply Plans and under the decree in Case No. 05CW302 since it was issued on June 20, 2014. Clear Creek County has provided detailed accounting and has maintained existing facilities at significant cost to the County. F. The Applicants have also pursued water rights and have received decrees for other integrated components of its water system during this diligence period. Those components include the Grizzly Gulch Reservoir, a decree for which was issued in Case No. 05CW303 on August 17, 2011; Guanella Reservoir Exchange, a decree for which was issued in Case No. 05CW304 on July 25, 2011; Green Lake, decrees for which were issued to Clear Creek County and the City of Blackhawk in Case No. 09CW277 on October 15, 2012 and in Case No. 13CW3170 on October 1, 2014; and Ball Placer Reservoir, Leavenworth Reservoir No. 1, Leavenworth Reservoir No. 2, Bakerville Reservoir No. 1, Bakerville Reservoir No. 2 and Ball Placer Pipeline, a diligence decree for which was issued in Case No. 12CW240 on May 7, 2013. G. During the diligence period, Clear Creek County monitored and participated in water quality matters on Clear Creek as they relate to the development and operation of the Applicants’ integrated system. H. Clear Creek County expended in excess of $125,000 in legal and engineering fees for the activities described in Paragraphs 4. B, C, D, E, F, and G above during the diligence period. I. Clear Creek County opposed approximately 12 Water Court applications to protect its water rights and expended approximately $45,000 in legal and engineering fees in doing so. 5. 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 is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: A. Nickolas J. & Shannon L. Williamson, 1647 Elk Valley Drive, Evergreen, CO 80439; B. Colorado Department of Transportation, c/o CDOT Headquarters, 4201 E. Arkansas Avenue, Denver, CO 80222; C. Sarah L. Lewis, 1191 Elk Valley Drive, Evergreen, CO 80439; D. John R. O’Donnell, P.O. Box 72, St. Augustine, FL 32085. 6. Remarks or other pertinent information: Structures will be located on lands owned by Colorado Department of Transportation (“CDOT”) only after all necessary approvals from that state agency. In the event that Applicants need to access CDOT right-of-way for any purpose, Applicants shall obtain a utility permit (or any other required instrument) from CDOT. 6 Pages. 17CW3008 Anna Sampson, 4705 County Road 106, Elizabeth, CO 80107 (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 LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS, ELBERT COUNTY. 40 acres located in the NW1/4SE1/4of Section 20, T9S, R64W of the 6th P.M., Elbert County, as shown on Attachment A hereto ("Subject Property"). Source of Water Rights: The Upper Dawson aquifer is not nontributary as described in Sections 37-90-103(10.7), C.R.S., and the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers are nontributary as described in Section 37-90-103(10.5), C.R.S. Estimated Amounts: Upper Dawson: 13 acre-feet, Lower Dawson: 7 acre-feet, Denver: 16 acre-feet, Arapahoe: 14 acre-feet, Laramie-Fox Hills: 11 acre-feet. Proposed Use: Domestic, commercial, irrigation, livestock watering, fire protection, and augmentation purposes, including storage, both on and off the Subject Property. Description of plan for augmentation: Groundwater to be augmented: All of the available Upper Dawson aquifer groundwater as requested herein. Water rights for augmentation: Return flows from the use of not nontributary and nontributary

 

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groundwater and direct discharge of nontributary ground water. Statement of plan for augmentation: The Upper Dawson aquifer water will be used for in house use in up to two single family residences, irrigation of lawn, garden, trees, pasture and hay on the Subject Property, stockwatering, and storage. Applicant reserves the right to revise these 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 in house and irrigation use will be approximately 90% and 15% of that use, respectively. During pumping Applicant will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c.5), C.R.S. Applicant estimates that depletions occur to the Running Creek stream system. Return flows accrue to the South Platte River stream systems, and those return flows are sufficient to replace actual depletions 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.(4 pages). 17CW3009 City of Boulder, c/o Joe Taddeucci, taddeuccij@bouldercolorado.gov, PO Box 791, Boulder, CO 80306, (303) 441-3200. Attorneys: Douglas M. Sinor, Trout Raley, 1120 Lincoln Street, Suite 1600, Denver, CO 80203, (303) 861-1963, dsinor@troutlaw.com; and Jessica L. Pault-Atiase, City of Boulder, Colorado Office of the City Attorney, PO Box 791, Boulder, CO 80306, (303) 441-3020, pault-atiasej@bouldercolorado.gov. APPLICATION TO MAKE ABSOLUTE IN BOULDER COUNTY, COLORADO 1. Name, mailing address, email address and telephone number of applicant: The City of Boulder (“Boulder”) c/o Andy Pelster Open Space and Mountain Parks Department P.O. Box 791 Boulder, Colorado 80306-0791 Telephone: (303) 413-7644 Email: pelstera@bouldercolorado.gov Please transmit all correspondence to: Douglas M. Sinor, Esq. TROUT RALEY 1120 Lincoln Street, Suite 1600 Denver, Colorado 80203 Telephone: (303) 861-1963 Email: dsinor@troutlaw.com and Jessica L. Pault-Atiase, Esq. CITY OF BOULDER, COLORADO OFFICE OF THE CITY ATTORNEY P.O. Box 791 Boulder, Colorado 80306-0791 Telephone: (303) 441-3020 Email: pault-atiasej@bouldercolorado.gov 2. Name of structure: Arapahoe Pit Augmentation Exchange 3. Describe conditional water rights: a. Date of original decree, case number and court: January 11, 2011, Case No. 2008CW163, District Court, Water Division No. 1.b. List of all subsequent decrees awarding findings of diligence: Not applicable. c. Description of substitution and exchange: An appropriative right of substitution and exchange on Boulder Creek, whereby fully consumable water available to Boulder under its water rights is delivered to Boulder Creek at the approximate location of Boulder’s wastewater treatment plant outfall and/or the outlet of the Boulder Creek Supply Canal to supply downstream appropriators, and an equivalent amount of water is made available in Boulder Creek at the confluence of Boulder Creek and South Boulder Creek for augmentation and replacement of out-of-priority depletions from the Arapahoe Pit pursuant to the terms of the decree in Case No. 2008CW163. Arapahoe Pit is an unlined gravel pit owned by Boulder and located on the north side of Boulder Creek in the NE1/4 SW1/4 and the NW1/4 SE1/4 of Section 22, Township 1 North, Range 70 West of the 6th P.M., Boulder County, Colorado. d. Location of exchange-from points: i. At or near the intersection of Boulder Creek and 75th Street, in the SW1/4 SW1/4 NE1/4, Section 13, Township 1 North, Range 70 West of the 6th P.M., at a point located approximately 2,500 feet from the north section line and 2,340 feet from the east section line of said Section 13, Boulder, County, Colorado, which is the approximate location of Boulder’s wastewater treatment plant outfall; ii. The outlet of the Boulder Creek Supply Canal located on the north bank of Boulder Creek in the NW1/4 SW1/4, Section 13, Township 1 North, Range 70 West, 6th P.M., at a point located approximately 200 feet from the west section line and 2,500 feet from the south section line of said Section 13, Boulder County, Colorado. e. Location of exchange-to point: i.The confluence of Boulder Creek and South Boulder Creek, in the NW1/4 SE1/4, Section 22, Township 1 North, Range 70 West of the 6th P.M., at a point located approximately 1,700 feet from the south section line and 2,600 feet from the east section line of said Section 22, Boulder County, Colorado. f. Water and water rights to be used for substitution and exchange: i. Fully consumable water that is available to Boulder after the first use of water rights for instream flow purposes by the Colorado Water Conservation Board (“CWCB”),

 

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which water rights were the subject of decrees entered by the District Court, Water Division No. 1, on May 31, 1989 in Case Nos. W-7569, W-7570 and W-8520-77; on December 20, 1993 in Case No. 1990CW193; on July 20, 1996 in Case No. 1994CW268; on December 22, 1997 in Case No. 1994CW285; and on May 8, 2000 in Case No. 1994CW284. The water rights were changed by those decrees to allow use by Boulder for municipal purposes, use by the CWCB for instream flow purposes, and reuse after a first use by the CWCB for instream flow purposes; and may be used for augmentation and replacement in the Arapahoe Pit Augmentation Exchange under the decree in Case No. 2008CW163. ii. Fully consumable water that is available to Boulder through its ownership of 37 units of water supplied by the Windy Gap Project of the Municipal Subdistrict of the Northern Colorado Water Conservancy District. The original decrees for the water rights for the Windy Gap Project were entered by the District Court, Water Division No. 5, in Case Nos. 1768, W-4001 and 1980CW108, on October 27, 1980. Windy Gap water, or return flows from the use of Windy Gap water for municipal purposes in Boulder’s water supply system, may be used for augmentation and replacement in the Arapahoe Pit Augmentation Exchange under the decree in Case No. 2008CW163. iii. Fully consumable water that is available to Boulder from the Windy Gap Exchange water right decreed in Case No. 2000CW226, District Court, Water Division No. 1, on October 15, 2004. Such water may be released to Boulder Creek or return flows from use of such water for municipal purposes in Boulder’s water supply system may be used for augmentation and replacement in the Arapahoe Pit Augmentation Exchange under the decree in Case No. 2008CW163. g. Date of appropriation: July 31, 2008. h. Amount: 0.21 c.f.s. CONDITIONAL, not to exceed 78 acre feet in any water year. i. Uses: Augmentation and replacement of depletions from the Arapahoe Pit under the terms and conditions of the plan for augmentation decreed in Case No. 2008CW163. j. Decree conditions and limitations: The foregoing right of substitution and exchange remains subject to all conditions and limitations described in the decree in Case No. 2008CW163. 4. Integrated system: These water rights are part of Boulder’s integrated water supply system. Pursuant to C.R.S. § 37-92-301(4)(b), when an integrated system is composed of several features, as is the case here, work on one feature of the system is considered in finding that reasonable diligence has been shown in the development of water rights for all features of the entire system. 5. 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, Boulder continued to plan for and pursue the use of the subject conditional water right as a component of its integrated water supply system. In furtherance of such use, Boulder has expended approximately $3,758,840 on its integrated water supply system during the diligence period on work related to exercise and use of the subject conditional water right. The work undertaken by Boulder during the diligence period includes but is not limited to the following, all of which relates to the completion of the appropriation and application of the subject conditional water right to beneficial use as decreed: (1) inspection, design, and rehabilitation of the Barker Pipeline (also known as the Boulder City Pipeline #3) at a cost of approximately $1,756,000; (2) inspection, design, testing, and rehabilitation of the Barker Meadow Reservoir Dam outlet gates at a cost of approximately $143,000; (3) design, stabilization, and re-facing of the Kossler Reservoir southeast dam and repair of the Kossler Reservoir outlet works at a cost of approximately $1,446,000; (4) design and repair of the concrete Famers Gate structure, which controls water into the Barker Pipeline, at a cost of approximately $59,800; (5) design and rehabilitation of the Island Lake dam in the Silver Lake Watershed at a cost of approximately $157,000; (6) inspection and rehabilitation of the outlet works for Silver Lake Reservoir, Albion Reservoir, Goose Lake, and the Green Lake Reservoirs at a cost of approximately $100,400; (7) rehabilitation and solar power upgrades of the Silver Lake Reservoir diversion structure gates at a cost of approximately $94,600; and (8) rehabilitation of the diversion gates for Lakewood Reservoir at a cost of approximately $2,040. During the diligence period, Boulder also spent in excess of $1,500,000 for legal and engineering services in connection with the water rights that are part of its integrated water supply system and for participating as an objector in various Water Court cases to protect its water rights, including the subject Arapahoe Pit Augmentation Exchange, from injury due to claims of other water users. 6. Claim to make absolute: a. Date and amount of water applied to beneficial use: Boulder operated the Arapahoe Pit Augmentation Exchange in the

 

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decreed amount of 0.21 c.f.s. on several occasions during the diligence period as specified in Boulder’s accounting submittals under the 2008CW163 decree. Attached to the application as Exhibit 1 are accounting records documenting operation of the exchange in-priority during the month of August 2016. b. Use and description of place of use: Boulder used water made available by operation of the Arapahoe Pit Augmentation Exchange to make replacements of depletions from the Arapahoe Pit at the confluence of Boulder Creek and South Boulder Creek, described in paragraph 3(e)(i) above, pursuant to the plan for augmentation decreed in Case No. 2008CW163. 7. Name and address of owner of 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, including any modification to the existing storage pool: No new diversion or storage structures or modification to any existing diversion or storage structure or existing storage pool is or will be constructed. Applicant is the owner of the land upon which water is or will be stored. WHEREFORE, Boulder, having demonstrated that it has operated the conditional appropriative right of substitution and exchange at the decreed exchange rate, respectfully requests the Court enter a decree making absolute the Arapahoe Pit Augmentation Exchange, or in the alternative, that the Court enter a decree finding and determining that Boulder has exercised reasonable diligence in the development of the subject conditional water right, and continuing the remaining portion of the subject conditional water right in full force and effect for an additional diligence period. (8 pages) 17CW3010 Estate of Wendy Mae Larsen, P.O. Box 921, Douglas, WY 82633 (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 LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS, DOUGLAS COUNTY. 478.04 acres located in Section 8, T10S, R65W of the 6th P.M., Douglas County, as described and shown on Attachment A hereto ("Subject Property"). Source of Water Rights: The Upper Dawson aquifer is not nontributary as described in Sections 37-90-103(10.7), C.R.S., and the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers are nontributary as described in Section 37-90-103(10.5), C.R.S. Estimated Amounts: Upper Dawson: 210 acre-feet (parts to be reserved for use through exempt wells), Lower Dawson: 162 acre-feet, Denver: 203 acre-feet, Arapahoe: 251 acre-feet, Laramie-Fox Hills: 134 acre-feet. Proposed Use: Domestic, commercial, industial, irrigation, livestock watering, fire protection, and augmentation purposes, including storage, both on and off the Subject Property. Description of plan for augmentation: Groundwater to be augmented: Approximately 35 acre-feet per year of Upper Dawson aquifer groundwater as requested herein. Water rights for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. Statement of plan for augmentation: The Upper Dawson aquifer water will be used for in house use in up to three single family residences, irrigation of lawn, garden, trees, pasture and hay on the Subject Property, stockwatering, and storage. Applicant reserves the right to revise the annual amount and uses without having to amend the application or republish the same. Sewage treatment for in house use will be provided by non-evaporative septic systems and return flow from in house and irrigation use will be approximately 90% and 15% of that use, respectively. During pumping Applicant will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c.5), C.R.S. Applicant estimates that depletions occur to the Cherry Creek stream systems. Return flows accrue to the South Platte River via the Cherry Creek stream systems, and those return flows are sufficient to replace actual depletions 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). 17CW3011 (05CW222) Charles and Diane Morgan, P.O. Box 637, Black Hawk, CO 80422, (303) 378-9740. Application to Make Absolute in Whole or in Part or in the Alternative for Finding of Reasonable

 

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Diligence, in GILPIN COUNTY. Names, address, and telephone number of Applicants: Charles and Diane Morgan, P.O. Box 637, Black Hawk, CO 80422, (303) 378-9740. Please forward pleadings to Cynthia F. Covell, Andrea L. Benson, and Alyson K. Scott, Alperstein & Covell, P.C., 1600 Broadway, Suite 900, Denver, CO 80202. Names of water rights and information from previous decrees: Date of Original Decree: January 4, 2011; Case No. 2005CW222; Court: Water Division 1. This is the first application for findings of diligence for the following water rights: (1) Wideawake Upper Reservoir: Located generally in the Northwest 1/4 of the Northeast 1/4 of Section 23, Township 2 South, Range 73 West of the 6th P.M. in Gilpin County, Colorado, at a point where the center of the dam is approximately 940 feet from the North section line and 1,796 feet from the East section line of said Section 23. (2) Wideawake Lower Reservoir: Located generally in the Northeast 1/4 of the Northeast 1/4 of Section 23, Township 2 South, Range 73 West of the 6th P.M. in Gilpin County, Colorado, at a point where the center of the dam is approximately 1,242 feet from the North section line and 894 feet from the East section line of said Section 23. (3) Wideawake Upper Spring: Located generally in the Northwest 1/4 of the Northeast 1/4 of Section 23, Township 2 South, Range 73 West of the 6th P.M., Gilpin County, Colorado, at a point approximately 1,101 from the north line and 2,211 feet from the east line of said Section 23. (4) Wideawake Lower Spring: Located generally in the Northwest 1/4 of the Northeast 1/4 of Section 23, Township 2 South, Range 73 West of the 6th P.M., Gilpin County, Colorado, at a point approximately 1,303 from the north line and 1,754 feet from the east line of said Section 23. Sources: (1) Wideawake Upper Reservoir: On-channel reservoir. Missouri Creek. Applicants may also contract for fully reusable water to fill the reservoir. (2) Wideawake Lower Reservoir: On-channel reservoir. Missouri Creek; Wideawake Upper Spring, decreed herein; Wideawake Lower Spring, decreed herein; Wideawake Upper Reservoir, decreed herein. (Water is delivered from the Wideawake Upper Spring and Wideawake Upper Reservoir via release from Wideawake Upper Reservoir into Missouri Creek.) Applicants may also contract for fully reusable water to fill the reservoir. (3) Wideawake Upper Spring: Natural spring tributary to Missouri Creek, tributary to North Clear Creek. (4) Wideawake Lower Spring: Natural spring tributary Missouri Creek, tributary to North Clear Creek. Dates of appropriation: (1) Wideawake Upper Reservoir: August 31, 2005. (2) Wideawake Lower Reservoir: June 30, 2001. (3) Wideawake Upper Spring: June 30, 2001. (4) Wideawake Lower Spring: April 30, 2005. Amounts: (1) Wideawake Upper Reservoir: 0.64 acre-feet conditional for livestock watering and fish and wildlife, fire protection, recreation and augmentation. (2) Wideawake Lower Reservoir: 6.15 acre-feet, of which 6.15 acre-feet are absolute for livestock watering and fish and wildlife; and 6.15 acre-feet conditional for irrigation, fire protection, recreation and augmentation. (3) Wideawake Upper Spring: 2 gpm, absolute for recreation, including bathing, and domestic; and the same 2 gpm conditional for commercial, including bathing and bottling, irrigation, livestock watering, fish and wildlife, fire protection and augmentation pursuant to the plan for augmentation decreed herein, with a maximum of 3.2 acre feet (1,051,200 gallons) annually. (4) Wideawake Lower Spring: 10 gpm, conditional, with a maximum of 3.2 acre feet (1,051,200 gallons) annually. Uses: (1) Wideawake Upper Reservoir: Recreational, livestock watering, fire protection, fish and wildlife, and augmentation purposes under the plan for augmentation decreed herein. (2) Wideawake Lower Reservoir: Irrigation of 0.4 acres of pasture, recreational, livestock watering, fire protection, fish and wildlife, and augmentation purposes under the plan for augmentation decreed herein. Irrigated acreage is located in the NE1/4 of Section 23, Township 2 South, Range 73 West, 6th P.M. and shown on the attached Exhibit A. (3) Wideawake Upper Spring: Domestic, irrigation, livestock watering, fish and wildlife, fire protection, commercial, including bottling and bathing, and recreational uses, including bathing. The water will be produced for immediate application to said uses, for storage, and for augmentation purposes under the plan for augmentation decreed herein. (4) Wideawake Lower Spring: Domestic, irrigation, livestock watering, fish and wildlife, fire protection, commercial, including bottling and bathing, and recreational uses, including bathing. The water will be produced for immediate application to said uses, for storage, and for augmentation purposes under the plan for augmentation decreed herein. Outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures, during the previous diligence period: During the last diligence period, Applicants

 

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installed a new flow meter and dug trenches for new or improved water lines to be brought to the house, bottling area and tub room. Each year, damaged lines were replaced. Applicants constructed a new tub room and new pipeline to deliver water to that new room. Applicants rented equipment for more efficient irrigation practices. In conjunction with and approval from the water commissioner, Applicants constructed improvements to diversion structures. Applicants incurred costs in the amount of at least $34,708.83 for the above-described activities, equipment, and placement of beneficial use of water rights, more fully described below. Claim to make absolute in whole or in part: The water was applied in the following amounts and to the following beneficial uses at various times throughout the diligence period. A table depicting the amounts diverted and placed to beneficial use is attached hereto as Exhibit B. Amounts: (1) Wideawake Upper Reservoir: 0.64 acre-feet for livestock watering and fish and wildlife, fire protection, recreation and augmentation. (2) Wideawake Lower Reservoir: 6.15 acre-feet for irrigation, fire protection, recreation and augmentation. (3) Wideawake Upper Spring: 2 gpm for commercial, including bathing and bottling, irrigation, livestock watering, fish and wildlife, fire protection and augmentation pursuant to the plan for augmentation decreed herein. (4) Wideawake Lower Spring: 10 gpm for augmentation purposes. Names and address of owners of the land upon which diversion or storage structure is located. Applicants. Wherefore, Applicants request the Court to make the subject water rights absolute as described in this application or in the alternative to continue any portion of the subject water rights as conditional for an additional diligence period. 17CW3012 Michael F. Moss and Alison C. Moss, 8804 Armadillo Trail, Evergreen, Colorado 80439, North Fork Associates, LLC, 2686 South Yukon Court, Lakewood, Colorado 80227 and Mountain Mutual Reservoir Company, 6949 Highway 73, Suite 15, Evergreen, Colorado 80439. (c/o David C. Lindholm, Esq., P. O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR UNDERGROUND WATER RIGHT, APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT. IN JEFFERSON COUNTY. APPLICATION FOR UNDERGROUND WATER RIGHT: 1. Name of Well and Permit, Registration or Denial Number: Moss Well No. 1 (Permit No. 153533). 2. Legal Description of the Well: Moss Well No. 1 is located in the SW1/4 SE1/4 of Section 2, Township 6 South, Range 71 West, 6th P.M., Jefferson County, at a point approximately 870 feet from the South Section line and 1,980 feet from the East Section line of said Section 2. The Well is located on Lot 35, Evergreen Meadows Unit 7, a/k/a 8804 Armadillo Trail. 3.A. Source of Water: Ground water that is tributary to North Turkey Creek. 3.B. Depth of Well: 702 feet. 4.A. Date of Appropriation: February 21, 1989. 4.B. How Appropriation was Initiated: Submittal of a well permit application to the Colorado Division of Water Resources, followed by the issuance of a well permit by the State Engineer and completion of the well. 4.C. Date Water Applied to Beneficial Use: December 13, 1989. 5. Amount Claimed: 1.5 gallons per minute, Absolute. 6. Uses: Ordinary household purposes inside a single family dwelling and fire protection purposes. 7. Names and Address of Owners of Land on which the Well is Located: Michael and Alison Moss, as described above. 8. Remarks: The Permit for the Moss Well No. 1 was issued pursuant to C.R.S. §37-92-602. Copies of the Permit and the Well Completion and Pump Installation Report are attached as Exhibit “B.” Upon approval of the plan for augmentation being requested, a new well permit application for the Well will be submitted to the State Engineer, along with a request that Permit No. 153533 be canceled. APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT: 1. Name of Structure to be Augmented: Moss Well No. 1. 2. Water Rights to be Used for Augmentation Purposes. a. Michael and Alison Moss (“Moss”), have entered into a contract with North Fork Associates, LLC to purchase 1.9 shares of the capital stock of the Mountain Mutual Reservoir Company, ("MMRC"). The 1.9 shares represent the right to receive 0.061 of an acre foot of augmentation water per year from the water rights and storage facilities MMRC holds for the benefit of its shareholders, as more particularly described below. b. The water rights which MMRC owns for the benefit of its shareholders (hereinafter referred to as the "Bear Creek/Turkey Creek water rights"), are summarized as follows: i. Harriman Ditch. 7.71 shares of the 400 shares of capital stock (1.93%), issued and outstanding in the Harriman Ditch Company. Said Company owns direct flow water rights decreed to the Harriman Ditch. Pursuant to the Decree

 

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entered in Civil Action No. 6832, on February 4, 1884, the Ditch was awarded the following direct flow priorities:

Appropriation Date

Priority Number Source Amount MMRC Entitlement

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

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

The Bear Creek headgate of the Harriman Ditch is located on the South bank of Bear Creek in the NE1/4 NE1/4, Section 2, Township 5 South, Range 70 West, 6th P.M., Jefferson County. The Turkey Creek headgate of the Harriman Ditch is located on the South bank of Turkey Creek near the Southwest corner of Section 6, Township 5 South, Range 69 West, 6th P.M., Jefferson County. The Ditch was originally decreed for irrigation, livestock watering, domestic and municipal purposes. ii. Warrior Ditch. 2.0 shares of the 160 shares of capital stock (1.25%), issued and outstanding in the Warrior Ditch Company. Said Company owns direct flow water rights decreed to the Warrior Ditch. Pursuant to the Decree entered in Civil Action No. 6832 on February 4, 1884, the Ditch was awarded the following direct flow priorities:

Appropriation Date

Priority Number Source Amount MMRC Entitlement

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

The headgates of the Warrior Ditch are the same as those of the Harriman Ditch, described above. The Ditch was originally decreed for irrigation purposes. iii. Soda Lakes Reservoir Nos. 1 and 2. 8.71 shares of the 400 shares of capital stock (2.18%), issued and outstanding in the Soda Lakes Reservoir and Mineral Water Company. Said Company owns storage water rights decreed to the Soda Lakes Reservoir Nos. 1 and 2. Pursuant to the Decree entered in Civil Action No. 91471 on September 24, 1935, the Soda Lake Reservoir Nos. 1 and 2 were adjudicated for 1,794 acre feet for irrigation purposes, and 598 acre feet for storage for supplying the City of Denver with water for municipal purposes, including the watering of lawns and gardens. The date of appropriation awarded the structures was February 11, 1893. The Soda Lakes Reservoirs are located in Section 1, Township 5 South, Range 70 West, 6th P.M., Jefferson County. The Reservoirs are filled through the Harriman Ditch. iv. Meadowview Reservoir. The structure is located in the NE1/4 SW1/4 and the NW1/4 SE1/4 of Section 26, Township 5 South, Range 71 West, 6th P.M., Jefferson County. Meadowview Reservoir was awarded absolute water rights in Case No. 2009CW92 (2001CW294), in an amount of 20 acre feet, and in Case No. 2016CW3022 (94CW290), in an amount of 30 acre feet, for augmentation, replacement, exchange and substitution purposes. The source is North Turkey Creek and water tributary to North Turkey Creek. Harriman Ditch and Warrior Ditch direct flow water and water available to MMRC in the Soda Lakes Reservoirs are also stored in Meadowview Reservoir by exchange pursuant to the appropriative rights of substitution and exchange decreed in Case Nos. 94CW290, 2000CW060 and 2001CW293. c. The overall "firm" yield of consumptive use water available from the MMRC portfolio of Bear Creek/Turkey Creek water rights and storage facilities was quantified in the Decrees entered by the District Court for Water Division 1 in Case No. 2001CW293, dated July 16, 2003, and Case No. 94CW290, dated October 16, 2006. The terms and conditions under which the Bear Creek/Turkey Creek water rights are used for augmentation and replacement purposes are set forth in the Decrees in Case Nos. 2001CW293 and 94CW290, and are deemed to be res judicata in future proceedings involving such rights, pursuant to Williams v. Midway

 

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Ranches, 938 P.2d 515 (Colo. 1997). Reference is made to the Decrees in Case Nos. 2001CW293 and 94CW290 for more detailed information. 3. Statement of Plan for Augmentation, Covering all Applicable Matters under C.R.S. §37-92-103(9), §302(1)(2) and §305(8): a. Moss own a 10 acre parcel of property located in the SW1/4 SE1/4 of Section 2, Township 6 South, Range 71 West, 6th P.M., Jefferson County. A single-family residence currently exists on the property. Moss propose to construct an accessory dwelling unit on the property. The property is depicted on the attached Exhibit "A." b. The water supply for the single-family residence and the accessory dwelling unit will be obtained from the Moss Well No. 1. Wastewater from all in-building uses of water is or will be treated utilizing an existing non-evaporative septic system with a soil absorption leach field. Return flows are to North Turkey Creek. c. 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 per capita daily water usage will not exceed 80 gallons as an annual average. Water usage in the accessory dwelling unit will not exceed 160 gallons per day as an annual average, based on the conservative assumption that two persons may reside in the accessory dwelling unit on a year-around basis. The augmentation plan will also cover the irrigation of 500 square feet of lawn grass, or equivalent gardens. Gross irrigation requirements for lawn grass are anticipated to be no more than 1.25 acre feet of water per irrigated acre. Gross irrigation requirements for gardens are no more than 0.5 of an acre foot per irrigated acre. The total volume of water required is projected to be approximately 0.51 of an acre foot per year. d. Depletions associated with water that is used inside the single-family residence and the accessory dwelling unit will be based on a ten percent (10%) consumption factor. Consumption of lawn grass at this location is 1.0 acre-foot per acre. Consumption of gardens is 0.4 of an acre foot per acre. The consumptive use for irrigation operations was determined using the SCS TR-21 modification to the Blaney Criddle consumptive use method with the Pochop elevation adjustment and the Evergreen turf adjustment, as outlined in a report prepared by Blatchley Associates, Inc., which is titled "Turf Irrigation in Mountainous Areas of Evergreen, Colorado." Maximum stream depletions are not anticipated to exceed 0.061 of an acre foot per year, or a maximum of 0.05 of a gallon per minute. e. The required volume of augmentation water will be provided from the sources described in Paragraph No. 2, above. Due to the small volume of annual stream depletions projected to occur under this plan, instantaneous stream depletions may be aggregated and replaced by one or more releases from storage of short duration. f. During those times when one of the exchanges decreed in Case Nos. 94CW290 and 2001CW293 can be operated, depletions to North Turkey Creek and Turkey Creek from the Moss Well No. 1 will be augmented by either continuously leaving a portion of MMRC's Warrior Ditch and/or Harriman Ditch direct flow water rights in the stream or periodically releasing water stored in Soda Lakes Reservoirs. During times when the exchanges cannot be operated, depletions will be augmented by periodically releasing water from Meadowview Reservoir. g. The point of depletion to Turkey Creek and portions of North Turkey Creek that is associated with the operation of the Moss Well No. 1 is within the exchange reach described in the Decrees entered in Case Nos. 94CW294 and 2001CW293. Therefore, no separate exchange priority is required for the operation of this augmentation plan regarding such depletions. However, since depletions will also occur at an upstream point on North Turkey Creek, Moss assert an appropriative right of substitute supply and exchange pursuant to C.R.S. §37-80-120 and §37-92-302(1)(a). The reach of the exchange shall extend from the confluence of an unnamed tributary of North Turkey Creek and North Turkey Creek in the SW1/4 SE1/4 of Section 26, Township 5 South, Range 71 West, 6th P.M., Jefferson County; thence up North Turkey Creek to the confluence of North Turkey Creek and an unnamed tributary of North Turkey Creek in the SW1/4 SW1/4 of Section 35, Township 5 South, Range 71 West, 6th P.M.; and thence up the unnamed tributary to the point where depletions from the Moss Well No. 1 impact the stream in the E1/2 SW1/4 of Section 2, Township 6 South, Range 71 West, 6th P.M. The exchange will operate to replace depletions to the flow of water in North Turkey Creek and points downstream as the depletions occur. The exchange will be administered with a priority date of January 31, 2017, at a maximum flow rate of 0.001 of a cubic foot per second. 4. Name(s) and Address(es) of Owners or Reputed Owner(s) of the Land upon which any new Diversion or Storage Structure, or Modification to any Existing Diversion or Storage Structure is or will be Constructed or upon which Water is or will be Stored, Including any Modification to the Existing Storage

 

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Pool: Not Applicable. WHEREFORE, Applicants request the entry of a decree approving this Application, specifically determining that the source and location of delivery of augmentation water are sufficient to eliminate material injury to vested water rights. Moss also request a determination that the Moss Well No. 1 can be operated without curtailment so long as out-of-priority stream depletions are replaced as proposed herein. Moss further request the entry of an Order directing the State Engineer to issue a new permit for the Moss Well No. 1. (7 pages and two exhibits). 17CW3013 Fox Acres Community Services, Inc., c/o Ted Carter, Manager, P.O. Box 38, Red Feather Lakes, CO 80545. (970) 881-2668. HiddenLakes Golf and Trout Club, LLC, c/o Steve Ray, P.O. Box 130, Red Feather Lakes, CO 90545. (970) 222-7418. APPLICATION TO MAKE WATER RIGHTS ABSOLUTE AND FINDING OF REASONABLE DILIGENCE IN LARIMER COUNTY. Future correspondence and pleadings to: Daniel K. Brown and Sara J.L. Irby, Fischer, Brown, Bartlett & Gunn, P.C., 1319 E. Prospect Road, Fort Collins, CO 80525, (970) 407-9000. 1. Campbell Development, Inc. originally filed for the water rights that are the subject of this application. Fox Acres Community Services, Inc. is now the owner of the water rights, and HiddenLakes Golf and Trout Club, LLC, as an assignee, has the right to use the subject water rights. The two applicants will collectively be referred to herein as the “Applicants.” 2. Name of structures and original decrees. A. Fox Acres Reservoir No. 3, a/k/a Lake Menominee, Case No. W-9293-78, originally decreed November 15, 1979. Findings of Diligence and Claim to make ABSOLUTE decreed in Case No. 83CW240 on October 11, 1985. B. Middle Letitia Lake, a/k/a Lake Chippewa, case No. W-9302-78, originally decreed December 18, 1979. Findings of Diligence and Claim to make ABSOLUTE decreed in Case No. 83CW248 on October 11, 1985. C.Upper Fox Acres Reservoir No. 3, a/k/a Lake Nisqually, Case No. W-9295-78, originally decreed March 3, 1980. Findings of Diligence and Claim to make ABSOLUTE decreed in Case No. 83CW242 on October 11, 1985. D. Deer Lake No. 2, a/k/a Lake Black Feet, Case No. W-9303-78, originally decreed March 3, 1980. Findings of Diligence and Claim to make ABSOLUTE decreed in Case No. 83CW249 on October 11, 1985. E. E. Lower Fox Acres Reservoir No. 3, a.k.a. Lake Cayuse, Case No. W-9294-78, originally decreed November 15, 1979. Findings of Diligence and Claim to make ABSOLUTE decreed in Case No. 83CW241 on October 11, 1985. 3. Locations of structures: A. Fox Acres Reservoir No. 3: SE1/4 SE1/4, Section 22, Township 10 North, Range 73 West of the 6th P.M., Larimer County, Colorado, at a point N 50º 48' 30" W 1187.60 feet from the SE corner of Section 22. B. Middle Letitia Lake: NE1/4 NW1/4, Section 27, Township 10 North, Range 73 West of the 6th P.M., Larimer County, Colorado, at a point S 70º 58' 52" E 2130.82 feet from the NW corner of Section 27. C. Upper Fox Acres Reservoir No. 3: SW1/4 SE1/4, Section 22, Township 10 North, Range 73 West of the 6th P.M., Larimer County, Colorado, at a point N 79º 47' 02" W 1778.63 feet from the SE corner of Section 22. D. Deer Lake No. 2: SW1/4 SE1/4, Section 22, Township 10 North, Range 73 West of the 6th P.M., Larimer County, Colorado, at a point N 81º 42' 50" W 2223.65 feet from the SE corner of Section 22. E. Lower Fox Acres Reservoir No. 3: SE1/4 SE1/4, Section 22, Township 10 North, Range 73 West of the 6th P.M., Larimer County, Colorado, at a point N 12º 03' 33" W 1248.00 feet from the SE corner of Section 22. 4. Source: The source for all reservoirs is water from the North Branch of the Lone Pine Creek, a/k/a North Lone Pine Creek, through the Mitchell Ditch. Water from North Lone Pine Creek carried through the Mitchell Ditch was conditionally decreed in Case No. 82CW408 as an additional source of water for the storage rights described herein. All sources are ultimately tributary to the Lone Pine Creek, which in turn is tributary to the Cache La Poudre River, which is tributary to the South Platte River. 5. Previous Decrees concerning first enlargement. A. Date of Original Decree: April 24, 1990, Case No. 85CW306, District Court, Water Division No. 1. B. Finding of Reasonable Diligence: October 20, 1998, Case No. 96CW104, District Court, Water Division No. 1. C. Finding of Reasonable Diligence: January 3, 2011, Case No. 04CW272, District Court, Water Division No. 1. Those rights that remained conditional in Case No. 96CW104 are the subject of this application. 6. Original decreed capacity of reservoirs: Fox Acres Reservoir No. 3- 49.2 acre feet, Upper Fox Acres Reservoir No. 3 - 6.9 acre feet, Deer Lake No. 2- 9.5 acre feet, Middle Letitia Lake - 4.0 acre feet, Lower Fox Acres Reservoir No. 3 - 4.1 acre feet. 7. Amounts of first enlargement of reservoirs: The amounts stated below are in addition to

 

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the amounts previously decreed for each of these structures as set forth above in Paragraph 6. A. Fox Acres Reservoir No. 3: 1. Total Capacity with enlargement: 89.3 acre feet 2. 40.1 acre feet ABSOLUTE for irrigation decreed in Case No. 85CW306; 3. 40.1 acre feet CONDITIONAL for all other beneficial uses. B. Upper Fox Acres Reservoir No. 3: 1. Total Capacity of reservoir with enlargement: 7.77 a.f. 2. 0.87 acre feet ABSOLUTE for irrigation, recreation and fish propagation decreed in Case Nos. 85CW306 and 96CW104; 3. 0.87 acre feet CONDITIONAL for all other beneficial uses. C. Deer Lake No. 2: 1. Total capacity of reservoir with enlargement: 11.49 a.f. 2. 1.99 acre feet ABSOLUTE for irrigation decreed in Case No. 85CW306; 3. 1.99 acre feet ABSOLUTE for recreation and fish propagation decreed in Case No. 96CW104; and 4. 1.99 acre feet CONDITIONAL for all other beneficial uses. D. Middle Letitia Lake: 1. Total capacity of reservoir with enlargement: 6.48 a.f. 2. 2.48 acre feet ABSOLUTE for irrigation decreed in Case No. 85CW306; and 3. 2.48 acre feet CONDITIONAL for all other beneficial uses. E. Lower Fox Acres Reservoir No. 3: 1. Total capacity of reservoir with enlargement: 46.79 a.f. 2. 28.5 acre feet ABSOLUTE for irrigation decreed in Case No. 96CW104 3. 14.19 acre feet CONDITIONAL for irrigation; 42.69 acre feet CONDITIONAL as to all beneficial uses. 8. The dates of appropriation as to the enlargement rights: Fox Acres Reservoir No. 3- December 31, 1983, Upper Fox Acres Reservoir No. 3- December 31, 1983, Deer Lake No. 2- December 31, 1980, Middle Letitia Lake- December 31, 1978, Lower Fox Acres Reservoir No. 3- September 30, 1984 9. Uses: Irrigation, recreation, fish propagation and augmentation. In addition, water may be used for domestic purposes under the rights granted herein as to the Fox Acres Reservoir No. 3 and Lower Fox Acres Reservoir No. 3. The general description of the place of use is Applicants’ golf course and residential development known as Fox Acres, situate in portions of Section 22, 27 and 28, Township 10 North, Range 73 West of the 6th P.M., Larimer County, Colorado. 10. 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 made absolute described in Paragraph 7 above, as follows, with the remainder to remain conditional: A. Fox Acres Reservoir No. 3: 40.1 acre feet ABSOLUTE for domestic, irrigation, recreation, fish propagation and augmentation. B. Upper Fox Acres Reservoir No. 3: 0.87 acre feet ABSOLUTE for irrigation, recreation, fish propagation and augmentation. C. Deer Lake No. 2: 1.99 acre feet ABSOLUTE for irrigation, recreation, fish propagation and augmentation. D. Middle Letitia Lake: 2.48 acre feet ABSOLUTE for irrigation, recreation, fish propagation and augmentation. E. Lower Fox Acres Reservoir No. 3: 28.5 acre feet ABSOLUTE for irrigation, recreation, fish propagation and augmentation. 11. Diligence/Conditional Claims: For the remaining conditional claims, and 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, Applicants request 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 water stored in the reservoirs is 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 domestic 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. These improvements included eliminating or reducing the arc coverage on its sprinkler heads to maximize the conservation of water and upgrading the electronic controls in its pump house. The cost of these improvements totaled approximately $36,000.00. Additionally, Applicants continued to upgrade its waste water treatment plant and related facilities with improvements totaling more than approximately $750,000.00. Applicants also expended approximately $5,000.00 in labor and equipment to remove rock from its property for rip rap used to improve the dam on Lake Cayuse. Applicants also performed other dam maintenance, wet well rehabilitation and related work. Finally, during this diligence period, Applicant Fox Acres Community Services acquired additional water rights. Such water will be used to supplement Applicants’ replacement water sources for its decreed exchanges and/or water to be used for domestic purposes. In total Applicants expended well over $1,000,000.00 towards improving its overall integrated water system. 12.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

 

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modification to the existing storage pool: Applicants are the owners of the property and all diversion and storage structures. WHEREFORE, Applicants pray that this Court issue its findings and determination that Applicants have made the remaining conditional storage rights set forth in Paragraph 7 ABSOLUTE in the amounts and for all of the uses as described in Paragraphs 9 and 10. 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, Applicants request that the Court finds that Applicants have exercised due and reasonable diligence during the six years following entry of the decree in Case No. 04CW272 toward completion of the appropriation and application of water therein decreed as to all of the beneficial uses conditionally decreed, as further set forth in Paragraphs 7, 9 and 11 hereof. Applicants further pray 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. 8 pages. 17CW3014 Fox Acres Community Services, Inc., c/o Ted Carter, Manager, P.O. Box 38, Red Feather Lakes, CO 80545, (970) 881-2668. HiddenLakes Golf and Trout Club, LLC, c/o Steve Ray, P.O. Box 130, Red Feather Lakes, CO 90545, (970) 222-7418. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN LARIMER COUNTY. Future correspondence and pleadings to: Daniel K. Brown and Sara J.L. Irby, Fischer, Brown, Bartlett & Gunn, P.C., 1319 E. Prospect Road, Fort Collins, CO 80525, (970) 407-9000. 1. Names, addresses and telephone numbers of applicants: Campbell Development, Inc. originally filed for the water rights that are the subject of this application. Fox Acres Community Services, Inc. is now the owner of the subject water rights. HiddenLakes Golf and Trout Club, LLC is an assignee and has the right to use the water rights. The two applicants will collectively be referred to herein as the “Applicants.” 2. Name and location of the structure: South Fork Pipeline. 2.1. Location: The point of diversion is located on the North bank of the South Lone Pine at the point in the SW1/4 of the NE1/4 of Section 33, Township 10 North, Range 73 West of the 6th P.M., 2,235 feet South of the North line of said Section 33, and 1,382 feet West of the East line of said Section 33, Larimer County, Colorado. 3. Source: South Fork of the Lone Pine, also known as the South Lone Pine, which is tributary to the Lone Pine, which in turn is tributary to the North Fork of the Cache La Poudre River. 4. Date of Original Decree: January 22, 1992, Case No. 88CW250, Findings of Reasonable Diligence: November 29, 1999, Case No. 98CW010, January 4, 2011, Case No. 05CW274. 5. Appropriation Date: October 15, 1987. 6. Amounts: A total of 6.0 c.f.s. as further described below: a. 1.91 c.f.s. CONDITIONAL for irrigation; 4.09 c.f.s. ABSOLUTE for irrigation (previously decreed in Case No. 98CW010); and b. 6.00 c.f.s. CONDITIONAL for domestic and augmentation. 7. Uses: Irrigation, domestic and augmentation. No augmentation use of the water will be made unless pursuant to a separately decreed augmentation plan allowing such use. 8. Diligence: 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: The water diverted by the South Fork Pipeline for the uses described above is 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 domestic 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. These improvements included eliminating or reducing the arc coverage on its sprinkler heads to maximize the conservation of water and upgrading the electronic controls in its pump house. The cost of these improvements totaled approximately $36,000.00. Additionally, Applicants continued to upgrade its waste water treatment plant and related facilities with improvements totaling more than approximately $750,000.00. Applicants also expended approximately $5,000.00 in labor and equipment to remove rock from its property for rip rap used to improve the dam on Lake Cayuse. Applicants also performed other dam maintenance, wet well rehabilitation and related work. Finally, during this diligence period, Applicant Fox Acres Community Services acquired additional water rights. Such water will be used to supplement Applicants’ replacement water sources for its decreed exchanges and/or water to be used for domestic purposes. In total Applicants expended well over $1,000,000.00 towards improving its overall integrated water system. The South Fork Pipeline is in place and functional;

 

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however, due to the unavailability, or lack of demand contemporaneous with flow availability to 6.0 c.f.s. in the South Lone Pine during the diligence period, Applicants did not divert in excess of the 4.09 c.f.s. already decreed as absolute during this diligence period. 9. 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: Applicants are the owners of the property and all diversion and storage structures. WHEREFORE, Applicants pray that this Court issue its findings and determination that Applicants have exercised due and reasonable diligence during the six years following entry of the decree in Case No. 05CW274 toward completion of the appropriation and application of water therein decreed in the amounts set forth in Paragraph 6 and as to all of the beneficial uses conditionally decreed as set forth in Paragraph 7 hereof. Applicants further pray 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. 5 pages. 17CW3015 Fox Acres Community Services, Inc., c/o Ted Carter, Manager, P.O. Box 38, Red Feather Lakes, CO 80545, (970) 881-2668. HiddenLakes Golf and Trout Club, LLC, c/o Steve Ray, P.O. Box 130, Red Feather Lakes, CO 90545, (970) 222-7418. APPLICATION TO MAKE WATER RIGHTS ABSOLUTE IN PART AND FOR FINDING OF REASONABLE DILIGENCE IN LARIMER COUNTY. Future correspondence and pleadings to: Daniel K. Brown and Sara J.L. Irby, Fischer, Brown, Bartlett & Gunn, P.C., 1319 E. Prospect Road, Fort Collins, CO 80525, (970) 407-9000.1.Applicants: Campbell Development, Inc. originally filed for the water rights that are the subject of this application. Fox Acres Community Services, Inc. is now the owner of the water rights, and HiddenLakes Golf and Trout Club, LLC is an assignee and has the right to use the water rights. There are two applicants in this matter that will collectively be referred to herein as the “Applicants.” 2. Names and locations of the structures, all of which are located in Larimer County: 2.1. Mirror Lake: 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. 2.2. Fox Acres Reservoir No. 3. 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. 2.3. Lower Fox Acres Reservoir No. 3. 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. 2.4. Upper Fox Acres Reservoir No. 3. 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. 2.5. Robinson Draw Lake. 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. 2.6. Lake 15. 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. 2.7. Fox Acres West. 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. 2.8. Middle Letitia Lake. NE1/4 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. 2.9. Deer Lake No. 2. 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. 2.10. Upper Letitia Lake. 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. 2.11. Lower Letitia Lake. 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. 2.12. Fox Acres Reservoir No. 1. Situate within the SE1/4 NE1/4, Section 28, Township 10 North, Range 73 West of the 6th P.M., Larimer County, Colorado. 2.13. Lake Kickapoo. SW1/4 SW1/4, Section 22, Township 10 North, Range 73 West of the 6th P.M., at a point N 58º 12' 34" E 820 feet from the SW corner of Section 22. 2.14. Fox Acres Reservoir No. 2. Situate within the W1/2 of

 

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the NW1/4, Section 27, Township 10 North, Range 73 West of the 6th P.M. 2.15. South Fox Acres Lake. Situate within the SE1/4 NE1/4, Section 28, Township 10 North, Range 73 West of the 6th P.M. 3. Point of Diversion: The South Fork Pipeline located on the North Bank of the South Lone Pine at the point in the SW1/4 of the NE1/4 of Section 33, Township 10 North, Range 73 West of the 6th P.M., 2,235 feet South of the North line of said Section 33, and 1,382 feet West of the East line of said Section 33, Larimer County, Colorado. 4. Rate of Diversion: 6.0 c.f.s. 5. Source: As to all structures: South Fork of the Lone Pine, also known as the South Lone Pine, which is a tributary to the Lone Pine, which in turn is tributary to the North Fork of the Cache La Poudre River. 6. Date of Original Decree: Case No. 88CW249, District Court, Water Division No. 1, entered January 22, 1992. 6.1. Finding of Reasonable Diligence: Case No. 98CW011, District Court, Water Division No. 1, entered November 29, 1999. 6.2. Finding of Reasonable Diligence: Case No. 05CW275, District Court, Water Division No. 1, entered June 21, 2002. 7. 7. Appropriation Date as to all structures: October 15, 1987. 8. Amounts: 8.1. Mirror Lake: 30.73 a.f. CONDITIONAL for domestic and augmentation; and 30.33 a.f. CONDITIONAL for irrigation, recreation, fish propagation and rearing (and 0.4 a.f. ABSOLUTE previously decreed in Case No. 98CW011 for irrigation, recreation, fish propagation and rearing). 8.2. Fox Acres Reservoir No. 3: 86.60 a.f. CONDITIONAL for domestic and augmentation; and 83.10 a.f. CONDITIONAL for irrigation, recreation, fish propagation and rearing (and 3.5 a.f. ABSOLUTE previously decreed in Case No. 98CW011 for irrigation, recreation, fish propagation and rearing). 8.3. Lower Fox Acres Reservoir No. 3: 80.00 a.f. CONDITIONAL for domestic and augmentation; and 78.80 a.f. CONDITIONAL for irrigation, recreation, fish propagation and rearing (and 1.2 a.f. ABSOLUTE previously decreed in Case No. 98CW011 for irrigation, recreation, fish propagation and rearing). 8.4. Upper Fox Acres Reservoir No. 3: 7.77 a.f. CONDITIONAL for domestic and augmentation; and 7.47 a.f. CONDITIONAL for irrigation, recreation, fish propagation and rearing (and 0.30 a.f. ABSOLUTE previously decreed in Case No. 98CW011 for irrigation, recreation, fish propagation and rearing).8.5. Deer Lake No. 2: 11.50 a.f. CONDITIONAL for domestic and augmentation; and 11.00 a.f. CONDITIONAL for irrigation, recreation, fish propagation and rearing (and 0.50 a.f. ABSOLUTE previously decreed in Case No. 98CW011 for irrigation, recreation, fish propagation and rearing). 8.6. Robinson Draw Lake: 14.87 a.f. CONDITIONAL for domestic and augmentation; and 14.17 a.f. CONDITIONAL for irrigation, recreation, fish propagation and rearing (and 0.70 a.f. ABSOLUTE previously decreed in Case No. 98CW011 for irrigation, recreation, fish propagation and rearing). 8.7. Lake 15: 3.07 a.f. CONDITIONAL for irrigation, recreation, fish propagation and rearing, domestic and augmentation. 8.8. Fox Acres West: 7.56 a.f. CONDITIONAL for irrigation, recreation, fish propagation and rearing, domestic and augmentation. 8.9. Middle Letitia Lake 6.41 a.f. CONDITIONAL for domestic and augmentation; and 6.21 a.f. CONDITIONAL for irrigation, recreation, fish propagation and rearing (and 0.20 a.f. ABSOLUTE previously decreed in Case No. 98CW011 for irrigation, recreation, fish propagation and rearing).8.10. Fox Acres Reservoir No. 1: 32.2 a.f. CONDITIONAL for irrigation, recreation, fish propagation and rearing, domestic and augmentation. 8.11. Upper Letitia Lake: 4.70 a.f. CONDITIONAL for domestic and augmentation; and 4.40 a.f. CONDITIONAL for irrigation, recreation, fish propagation and rearing (and 0.30 a.f. ABSOLUTE previously decreed in Case No. 98CW011 for irrigation, recreation, fish propagation and rearing).8.12. Lower Letitia Lake: 6.56 a.f. CONDITIONAL for domestic and augmentation; and 6.16 a.f. CONDITIONAL for irrigation, recreation, fish propagation and rearing (and 0.40 a.f. ABSOLUTE previously decreed in Case No. 98CW011 for irrigation, recreation, fish propagation and rearing). 8.13. Lake Kickapoo: 1.69 a.f. CONDITIONAL for domestic and augmentation; and 1.59 a.f. CONDITIONAL for irrigation, recreation, fish propagation and rearing (and 0.10 a.f. ABSOLUTE previously decreed in Case No. 98CW011 for irrigation, recreation, fish propagation and rearing). 8.14. Fox Acres Reservoir No. 2: 65.90 a.f. CONDITIONAL for domestic and augmentation; and 64.40 a.f. CONDITIONAL for irrigation, recreation, fish propagation and rearing (and 1.5 a.f. ABSOLUTE previously decreed in Case No. 98CW011 for irrigation, recreation, fish propagation and rearing).8.15. South Fox Acres Lake: 5.90 a.f. CONDITIONAL for domestic and augmentation; and 5.80 a.f. CONDITIONAL for irrigation, recreation, fish propagation and rearing (and 0.10 a.f. ABSOLUTE previously decreed in Case No. 98CW011 for irrigation, recreation, fish propagation and

 

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rearing). 9. Uses: As to all structures: Irrigation, domestic, recreation, fish propagation and rearing, and augmentation. No augmentation use of the water will be made unless pursuant to a separately decreed augmentation plan allowing such use. The general description of the place of use is Applicants’ golf course situate in portions of Sections 21, 22, 27 and 28, Township 10 North, Range 73 West of the 6th P.M., Larimer County, Colorado. In addition, Applicants irrigate open spaces within its property to establish native and drought-resistant vegetation, which have been disturbed by construction activity. 10. Claim to Make Absolute: As set forth below and 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 previously decreed as absolute for irrigation, recreation, fish propagation and rearing (as set forth in Paragraph 8 above). In addition, Applicants are claiming additional amounts as absolute as described below: 10.1. Mirror Lake: 0.40 a.f. ABSOLUTE for domestic, augmentation, irrigation, recreation, fish propagation and rearing; and 30.33 a.f. CONDITIONAL for domestic, augmentation, irrigation, recreation, fish propagation and rearing. 10.2. Fox Acres Reservoir No. 3: 73.30 a.f. ABSOLUTE for domestic, augmentation, irrigation, recreation, fish propagation and rearing; and 13.30 a.f. CONDITIONAL for domestic, augmentation, irrigation, recreation, fish propagation and rearing. 10.3. Lower Fox Acres Reservoir No. 3: 47.6 a.f. ABSOLUTE for domestic, augmentation, irrigation, recreation, fish propagation and rearing; and 32.40 a.f. CONDITIONAL for domestic, augmentation, irrigation, recreation, fish propagation and rearing. 10.4. Upper Fox Acres Reservoir No. 3: 0.80 a.f. ABSOLUTE for domestic, augmentation, irrigation, recreation, fish propagation and rearing; and 6.97 a.f. CONDITIONAL for domestic, augmentation, irrigation, recreation, fish propagation and rearing. 10.5.Deer Lake No. 2: 2.10 a.f. ABSOLUTE for domestic, augmentation, irrigation, recreation, fish propagation and rearing; and 9.40 a.f. CONDITIONAL for domestic, augmentation, irrigation, recreation, fish propagation and rearing. 10.6. Robinson Draw Lake: 0.70 a.f. ABSOLUTE for domestic, augmentation, irrigation, recreation, fish propagation and rearing; and 14.17 a.f. CONDITIONAL for domestic, augmentation, irrigation, recreation, fish propagation and rearing. 10.7. Lake 15: 3.07 a.f. CONDITIONAL for domestic and augmentation, irrigation, recreation, fish propagation and rearing. 10.8. Middle Letitia Lake 1.20 a.f. ABSOLUTE for domestic, augmentation, irrigation, recreation, fish propagation and rearing; and 5.21 a.f. CONDITIONAL for domestic, augmentation, irrigation, recreation, fish propagation and rearing.10.9. Fox Acres Reservoir No. 1: 2.80 a.f. ABSOLUTE for domestic, augmentation, irrigation, recreation, fish propagation and rearing; and 29.40 a.f. CONDITIONAL for domestic, augmentation, irrigation, recreation, fish propagation and rearing. 10.10. Upper Letitia Lake: 1.20 a.f. ABSOLUTE for domestic, augmentation, irrigation, recreation, fish propagation and rearing; and 3.50 a.f. CONDITIONAL for domestic, augmentation, irrigation, recreation, fish propagation and rearing. 10.11. Lower Letitia Lake: 1.00 a.f. ABSOLUTE for domestic, augmentation, irrigation, recreation, fish propagation and rearing; and 5.56 a.f. CONDITIONAL for domestic, augmentation, irrigation, recreation, fish propagation and rearing. 10.12. Lake Kickapoo: 0.10 a.f. ABSOLUTE for domestic, augmentation, irrigation, recreation, fish propagation and rearing; and 1.59 a.f. CONDITIONAL for domestic, augmentation, irrigation, recreation, fish propagation and rearing. 10.13. Fox Acres Reservoir No. 2: 8.70 a.f. ABSOLUTE for domestic, augmentation, irrigation, recreation, fish propagation and rearing; and 57.20 a.f. CONDITIONAL for domestic, augmentation, irrigation, recreation, fish propagation and rearing. 11. Diligence/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, Applicants request 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 water stored in the reservoirs is 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 domestic 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. These improvements included eliminating or reducing the arc coverage on its sprinkler heads to maximize the conservation of water and upgrading the electronic controls in its pump house. The cost of these improvements totaled approximately $36,000.00. Additionally, Applicants continued to upgrade its waste water treatment plant and related facilities with

 

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improvements totaling more than approximately $750,000.00. Applicants also expended approximately $5,000.00 in labor and equipment to remove rock from its property for rip rap used to improve the dam on Lake Cayuse. Applicants also performed other dam maintenance, wet well rehabilitation and related work. Finally, during this diligence period, Applicant Fox Acres Community Services acquired additional water rights. Such water will be used to supplement Applicants’ replacement water sources for its decreed exchanges and/or water to be used for domestic purposes. In total Applicants expended well over $1,000,000.00 towards improving its overall integrated water system. 12. Claims Abandoned. Applicants hereby ABANDON the conditional and absolute claims for Fox Acres West Lake (Paragraph 8.8 above) and South Fox Acres Lake (Paragraph 8.15 above). 13. 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: Applicants are the owners of the property and all diversion and storage structures. WHEREFORE, Applicants pray that this Court issue its findings and determination that Applicants have made the conditional storage rights set forth in Paragraph 8 ABSOLUTE in the amounts set forth in Paragraph 10 above, with the remaining portions of the water rights remaining as CONDITIONAL in the amounts described in Paragraph 10 above. 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, Applicants request that the Court finds that Applicants have exercised due and reasonable diligence during the six years following entry of the decree in Case No. 05CW275 toward completion of the appropriation and application of water therein decreed as to all of the beneficial uses conditionally decreed, as further set forth in Paragraphs 8, 9 and 11 hereof. Applicants further pray 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. Additionally, Applicants request that the Court ABANDON the conditional and absolute claims for Fox Acres West Lake and South Fox Acres Lake, as described in Paragraph 12. 12 pages. 17CW3016 Board of County Commissioners for the County of Gilpin, C/o County Manager, P.O. Box 366, (203 Eureka St.), Central City, Colorado 80427 (Attorneys: Petrock & Fendel, P.C., Brad Benning, 700 17th St., Ste. 1800, Denver, Colorado 80202. APPLICATION FOR FINDING OF REASONABLE DILIGENCE, GILPIN COUNTY. 1. Name of Appropriative Rights of Substitution and Exchange: N/A, Description of Conditional Water Rights: Date of Original Decree: January 5, 2011 in Case No. 2003CW217; Legal Description: The legal description is more specifically set forth in the 2003CW217 Decree but is generally described herein. The Exchange involves the exchange of water from the confluence of an unnamed tributary and Ralston Creek up Ralston Creek and then South Ralston Creek to Dory Lake. The exchange to points are the Inlet to Dory Lake and Dory Lake itself, both located in the SE1/4 NW1/4, Sec. 29, T2S, R72W, 6th P.M., Gilpin County, Colorado. The exchange from point is the confluence of an unnamed tributary to Ralston Creek and Ralston Creek in the NE1/4 NW1/4 of Sec. 34, T2S, R72W of the 6th P.M., Gilpin County, Colorado; Source of Water: To the extent not needed for augmentation or to satisfy return flow obligations, Gilpin County will exchange measured discharge resulting from the use of water from the Justice Center Wells into storage in Dory Lake; Appropriation Date: March 31, 2003; Amount: 0.3 c.f.s., conditional; Uses: All municipal uses, including irrigation, domestic, commercial, fire protection, recreational, piscatorial. All uses may be made directly, following storage, or by augmentation of uses pursuant to the augmentation plan decreed herein; 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 previous diligence period. Gilpin County’s activities include, but are not limited to, the following: The exchange is part of the County’s unified water system and integrated project allowing water use for the County’s Justice Center Complex. The exchange is part of the County’s augmentation plan and Dory Lake water rights and operations and water rights and supplies. The exchange relies on operation within this system and project and is dependent on the development of return flows from water used from the Justice Center Wells that can be measured and discharged back to

 

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Ralston Creek. The exchange is dependent upon continued adequate water supplies, measurement, accounting, and operations of the augmentation plan and Dory Lake. Gilpin County undertook planning efforts for additional development providing return flows for measurement back to Ralston Creek or its tributaries. Gilpin County also undertook discussions internally and with developers regarding development and possible partnerships on this. Gilpin County undertook planning efforts internally and in discussions with developers on possible wastewater treatment plant and wastewater treatment options that would allow for measured discharge for use in this exchange. Gilpin County’s staff performed regular maintenance, repair, and work on the unified water system and recorded data for the County’s accounting for its augmentation plan and operations of Dory Lake and worked with the County’s water engineers, Bishop-Brogden, Associates (“BBA”), in that process as well. Gilpin County filed for and obtained an amended augmentation plan in Case No. 2011CW273, which was necessary to add additional uses to the County’s plan. These uses included development of an ice rink generating additional return flows to Ralston Creek, increasing the opportunities for operation of the exchange on Ralston Creek. Gilpin County also filed for and obtained a decree for exchanges on North Clear Creek and Clear Creek in Case No. 2011CW271 providing the County with more flexibility with its water supplies on Ralston Creek and increasing the utility of exchanges on Ralston Creek. Gilpin County’s water engineers, BBA, undertook the following work related to the County’s water rights and supplies, Augmentation Plan and Dory Lake operations, for which Gilpin County paid BBA $205,000.00 over the diligence period: Management of Gilpin County’s water rights: Tabulated, analyzed, and monitored monthly well pumping, water use meter readings, Dory Lake storage and inflows/outflows, weather and stream runoff conditions, and streamflow and water right call conditions. Prepared monthly water accounting and annual reports of water rights use as required by the decrees and the Division Engineer’s Office. Coordinated with water users and administrators, and monitored streamflow and call conditions on Ralston Creek, Clear Creek, and the South Platte River. Water Measuring Equipment - Installation and Maintenance: Installed and maintained a sloping staff gage in Dory Lake, as required by the District 6 Water Commissioner. Replaced the Gilpin County rain gage. Repaired the Gilpin Count rain gage and Dory Lake water level gage. Calibrated the Gilpin County rain gage and Dory Lake inlet gage. Annually calibrated the Dory Lake water level gage. Water Court Support: Engineering analyses to support Gilpin County in various water court and civil court cases. Obtained new well permits for increased water use allowed by decrees. BBA’s work related to the County’s Exchanges on Ralston Creek and Clear Creek: Total costs: approximately $94,000: Engineering: Performed various hydrologic and water rights analyses to estimate exchange potential. Communicated with Ralston Creek and Clear Creek water users and administrators. Prepared engineering reports. Water Court Process: Participated in water court process. Responded to multiple rounds of objector comments and communicated with objectors. Assisted with completion of new exchange decree. Gilpin County incurred attorney’s fees and litigation costs approximately or in excess of $200,000.00 in its diligence efforts. Gilpin County’s attorneys regularly reviewed water court resumes and other matters that could affect the exchange operation to determine if action was needed. Gilpin County’s attorneys filed statements of opposition and participated in water court proceedings and administrative proceedings before the State Engineer’s Office during the diligence period to protect its water rights including the exchange. Counsel also filed and prosecuted applications to decree in Case Nos. 2011CW271, 272, and 273 and Case No. 03CW385 all of which are part of Gilpin County’s integrated water project and unified water system of which the exchange is a part. Name(s) and address(es) of owner(s) or reputed owner(s) of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool. N/A.

17CW3017 THE STAGE RUN HOMEOWNERS ASSOCIATION, INC., c/o Duane Pfannenstiel, P.O. Box 2263, Denver, CO 80222, (303) 766-8094. Please address all correspondence to: Peter D. Nichols, Megan Gutwein, Berg Hill Greenleaf Ruscitti LLP, 1712 Pearl Street, Boulder, CO 80302. Application for Change of Water Right in ARAPAHOE COUNTY. 2. Decreed water right for which change is sought: A. Front Range Arapahoe Well No. 1-26466-F. i. Decreed on June 21, 1983, in Case

 

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No. 81CW226, District Court, Water Division 1. ii. Legal description of the point of diversion: In the NW1/4 SE1/4 of Section 32, Township 5 South, Range 65 West of the 6th P.M., Arapahoe County, Colorado, 2,350 feet from the south section line and 1,700 feet from the east section line. iii. Amount: 0.78 c.f.s. (350 g.p.m.); 173 acre-feet annually; Applicant is the owner of 61 acre-feet annually of the right. iv. Date of appropriation: February 5, 1981. v. Source: non-tributary Arapahoe aquifer. vi. Uses: household, domestic, commercial, industrial, irrigation, and fire protection. vii. Land ownership: The point of diversion is located on land owned by Applicant. 3. Proposed Change: Applicant proposes to change the subject water right to add an alternate point of diversion for its ownership interest: A. Alternate Point of Diversion. i. Location (UTM Coordinates): UTM NAD83, Zone 13, Northing 4380399.1, Easting 527502.7 Source: GPS coordinates from Google Earth converted to UTM. ii. Names and addresses of owners or reputed owners of land upon which the alternate point of diversion will be constructed: Applicant. 4. Maps. A map of the proposed alternate point of diversion is attached as Exhibit A. A map of the area serviced by the well is attached as Exhibit B. WHEREFORE, the Applicant respectfully requests the Court to adjudicate the amended change of water right claimed herein. (total 6 pages, including exhibits) AMENDMENTS 16CW3094, Golden Gun Club Attn: Michael R. Day, (Karl F. Kumli III, Kara N. Godbehere, Gabriella Stockmayer, Dietze and Davis P.C., 2060 Broadway, Suite 400, Boulder, Colorado 80302), FIRST AMENDED APPLICATION FOR DETERMINATION OF GROUNDWATER RIGHTS FROM NONTRIBUTARY AND NOT-NONTRIBUTARY SOURCES IN THE DENVER BASIN AQUIFERS UNDERLYING APPLICANT’S PROPERTY AND FOR CONFIRMATION OF APPROPRIATION OF SUCH GROUNDWATER PURSUANT TO A PRE-SENATE BILL 213 APPROPRIATION OF GROUNDWATER IN ARAPAHOE COUNTY. Introduction: Applicant Golden Gun Club, A Colorado Nonprofit Corporation, is the owner of lands located in Arapahoe County (“Subject Property”). Applicant seeks a decree for the ground water rights underlying the Subject Property located within the Denver Basin aquifers pursuant to C.R.S. § 37-92-302(2). The Subject Property is located outside any designated basin. Name and Address of Applicant: Golden Gun Club, Attn: Michael R. Day, P.O. Box 471, Golden, CO 80402 Subject Property: The Northeast Quarter of Section 24, Township 4 South, Range 65 West, 6th P.M., in Arapahoe County, Colorado, less that portion of the 160 acres lying within South Watkins Road, as more fully described and shown on Attachment A hereto (“Subject Property”). Source of Water Rights: The source of the groundwater in the Upper Arapahoe, Lower Arapahoe, and Laramie-Fox Hills aquifers is nontributary as described in C.R.S. § 37-90-103(10.5). The source of the groundwater in the Denver aquifer is not-nontributary as described by C.R.S. 37-90-103(10.7). First Claim for Relief: Applicant re-alleges all of the allegations of paragraphs 1 through 3, above. Applicant seeks a determination of its rights to nontributary and not-nontributary groundwater legally available and underlying the Subject Property in the Denver, Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills aquifers, in accordance with the provisions of C.R.S. 37-90-103(10.5) and 37-90-137(4) and (6). Date of Appropriation: Not applicable, but for informational purposes, May 23, 1972. How appropriation was initiated: Not applicable, but for informational purposes, by formation of intent to drill a well and first step to appropriate groundwater evidenced by the application for well permit dated May 23, 1972. See Attachment B. Date water applied to beneficial use: Not applicable, but for informational purposes, August 8, 1974 as evidenced by the original landowner’s statement of beneficial use. See Attachment C. Amount Claimed: Pursuant to C.R.S. § 37-90-137(4), Applicant is entitled to the following amounts of water from the following aquifers of the Denver Basin underlying Applicant’s property, which is the Subject Property: Denver Aquifer – 66.3 af/year (NNT), Lower Arapahoe Aquifer – 21.8 af/year (NT), Lower Arapahoe Aquifer – 40.8 af/year (NT), Laramie-Fox Hills Aquifer – 42 af/year (NT), for a total of 170.9 af/year from all. NNT=Not-Nontributary, NT=Nontributary. Proposed Use: All beneficial uses of water recognized under Colorado law, including, without limitation, domestic, commercial, industrial, irrigation, construction, stock watering, dust suppression, recreation, fire protection, fish and wildlife,

 

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aesthetic, mining and augmentation purposes, including storage on the Subject Property. The not-nontributary water in the Denver aquifer will not be used until an augmentation plan or substitute water supply plan have been approved. Wells: Two wells, permitted as Well Permit No. 63159 and 16391, have been constructed on the Subject Property. Well Permit No. 63159 is an alluvial well and is not constructed into the aquifers which are the subject of this application. Well Permit No. 16391 was completed into the Denver aquifer. There are no other existing wells, no unexpired permitted but unconstructed wells, or unpermitted wells which are located on the Subject Property into the aquifers which are the subject of this application. Application will be made for well permits prior to construction of any additional wells. Second Claim for Relief: Applicant re-alleges all of the allegations of paragraphs 1-7 above. In addition to the First Claim for Relief, Applicant seeks a determination of its water rights based upon an appropriation of not-nontributary groundwater pursuant to C.R.S. § 37-90-137(5), and in support thereof, states as follows: Well Permit No. 16391: Well Permit No. 16391 was issued on August 8, 1972 and is therefore not subject to the provisions of CRS 37-90-137(4), pursuant to CRS 37-90-137(5). Location: Well Permit No. 16391 is located approximately 500 feet from the East section line of S24, T4S, R65 W of the 6th P.M. and was completed into the Denver aquifer. Pursuant to the Statewide Nontributary Groundwater Rule 4(A)(7), the radius of the “cylinder of appropriation” for Well Permit No. 16391 is approximately 1,026 feet. Cylinder of Appropriation: Because of the location of the well, the radius for its cylinder of appropriation extends onto the neighboring parcels of land to the east and the south of the Subject Property. Accordingly, Applicant is entitled to the groundwater underlying the area within the cylinder of appropriation as it is located on the neighboring property or properties (approximately 55 acres) and such acreage must be excluded from any future applications filed to adjudicate Denver Basin Groundwater underlying the neighboring property. See Statewide Nontributary Groundwater Rule 8(c). Additional Acreage: Applicant requests this court confirm that Applicant is entitled to the Denver aquifer groundwater underlying the additional 55 acres, or 28.05 af/year, in addition to the 66.3 af/year claimed in Paragraph 5, above, for a total of 94.35 af/year from the Denver aquifer. Matters Common to Both the First and Second Claims for Relief: Well Fields: Applicant requests that this Court determine that Applicants have the right to withdraw all of the legally available groundwater lying below their respective lands, through wells or any additional wells which may be completed in the future, as Applicants' well fields, subject to Rule 11.B of the Statewide Nontributary Ground Water Rules (2 CCR 402-7). Additional Withdrawals: Applicant claims the right to withdraw more than the average annual amounts estimated in paragraph 6 above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. Revision: Applicant requests the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. Applicant’s Certification: Applicant Golden Gun Club certifies that it owns the Subject Property free and clear of all liens and encumbrances and that no other person or entity has a financial interest in the Subject Property. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to C.R.S. § § 37-92-302(2) and 37-90-137(6), C.R.S. WHEREFORE, Applicants pray that this Court enter a Decree granting all claims of relief set forth in this Application, and such other relief as the Court deems just and proper in the premises.

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 MARCH 2017 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be filed as an Original and include $158.00 filing fee. A copy of each Statement of Opposition must also be

 

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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.