district court, water division 1, colorado june 2014 … · june 2014 water resume publication to:...

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DISTRICT COURT, WATER DIVISION 1, COLORADO JUNE 2014 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of JUNE 2014 for each County affected. 14CW20 STEVEN R. AND DIANE M. SYPHER, 1767 S. Pierson St., Lakewood, CO 80232. 303- 986-7394. APPLICATION TO MAKE ABSOLUTE IN WHOLE OR IN PART IN PARK COUNTY. Date of original decree: 08-24-01 in case 96CW944, WD1; Subsequent decree: 06-05-08 in case 07CW301, WD1. Well located NE1/4 SE1/4 S15 T9S R74W of the 6 th PM, at a distance 1946 ft. from S and 876 ft. from E; Lost Park Ranch Filing 1, Lot 249. Source: Unnamed aquifer. Appropriation date: 07-20-10. Amount: 4 gpm; Depth: 440 ft. If claim to make absolute date water applied to beneficial use: 03-18-11. Amount: 4 gpm. Use: Domestic – includes 2000 sf that may be irrigated. 14CW21 TIMOTHY P. AND KATHERINE M. WALKER, 8639 E. 148 TH Circle, Thornton, CO 80602. 303-655-1303. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 10-22-01 in case 96CW426, WD1; Subsequent decree: 06-04-08 in case 07CW242, WD1. Walker Well located SW1/4 NW1/4 S34 T9S R75W of the 6 th PM at a distance 1600 ft. from N and 1100 ft. from W; Lot 18, Filing 18. Source: Groundwater. Appropriation date: 05-31- 73. Amount: 15 gpm, Conditional. Use: Household use only inside a single family dwelling not including irrigation. 14CW22 MARY LEE DUGAS, 2800 S Heather Gardens Way, Unit A, Aurora, CO 80014. 303-751- 4025. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 07-17-01 in case 96CW746, WD1. Subsequent decree: 06-16-08 in case 07CW151, WD1. Dugas Well located NE1/4 NW1/4 S8 T10S R75W of the 6 th PM at a point approximately 450 ft from N and 1650 ft. from W; Filing 2, Lot 9. Source: Groundwater. Appropriation date: 02-28-75. Amount: 0.033 cfs (15 gpm) Conditional. Use: Household use only inside a single family dwelling not including irrigation. 14CW23 PAUL J. (Jr.) and RITA K. SAUNDERS, 1 Purple Ash, Littleton, CO 80127. 303-972- 4859. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 07-31-01 in case 96CW291 WD1; Subsequent decree: 06-18-08 in case 07CW153 WD1. Saunders Well located NW1/4 NW1/4 S13, T9S, R74W of the 6 th PM at a point approximately 300 ft. from N and 1255 ft. from W; Filing 2, Lot 208. Source: Groundwater. Appropriation date: 06-30-77. Amount: 0.033 cfs (15 gpm), Conditional. Use: Domestic use to include household plus irrigate no more than 2000 sf of lawn and/or garden area. 14CW24 MICHAEL BREZDEN, 121 Tall Timber Rd., Kerrville, TX 78028. 830-257-2739. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 6-03-08 in case 07CW237, WD1. Brezden, Lot 38 Well 128313 located NE1/4, SE1/4, S33, T13S. R72W of the 6 th PM at a point approximately 1900 ft. from S and 300 ft. from E. Source: Groundwater. Appropriation date: 10-18-82. Amount: 0.033 cfs (15gpm). Depth: 125 ft. Use: Household use only in a single family dwelling, not including irrigation. 14CW25 JACK E. SCHOOLEY TRUST, 1328 S. Jason St., Denver, CO 80223. 303-204-8324. NORTH FROK ASSOCIATES LLC, MOUNTAIN MUTUAL RESERVOIR COMPANY, PO BOX 27567, Denver, CO 80227. APPLICATION TO MAKE ABSOLUTE IN WHOLE OR IN PART IN PARK COUNTY. Date of original decree: 05-13-05 in case W-8480-77 in WD 1. Subsequent decree: 06-24-08 in case 06CW284 in WD 1. Schooley Well #1 located SW1/4 NE1/4, S17, T10S, R77W of the

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Page 1: DISTRICT COURT, WATER DIVISION 1, COLORADO JUNE 2014 … · JUNE 2014 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S

DISTRICT COURT, WATER DIVISION 1, COLORADO JUNE 2014 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of JUNE 2014 for each County affected.

14CW20 STEVEN R. AND DIANE M. SYPHER, 1767 S. Pierson St., Lakewood, CO 80232. 303-986-7394. APPLICATION TO MAKE ABSOLUTE IN WHOLE OR IN PART IN PARK COUNTY. Date of original decree: 08-24-01 in case 96CW944, WD1; Subsequent decree: 06-05-08 in case 07CW301, WD1. Well located NE1/4 SE1/4 S15 T9S R74W of the 6th PM, at a distance 1946 ft. from S and 876 ft. from E; Lost Park Ranch Filing 1, Lot 249. Source: Unnamed aquifer. Appropriation date: 07-20-10. Amount: 4 gpm; Depth: 440 ft. If claim to make absolute date water applied to beneficial use: 03-18-11. Amount: 4 gpm. Use: Domestic – includes 2000 sf that may be irrigated. 14CW21 TIMOTHY P. AND KATHERINE M. WALKER, 8639 E. 148TH Circle, Thornton, CO 80602. 303-655-1303. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 10-22-01 in case 96CW426, WD1; Subsequent decree: 06-04-08 in case 07CW242, WD1. Walker Well located SW1/4 NW1/4 S34 T9S R75W of the 6th PM at a distance 1600 ft. from N and 1100 ft. from W; Lot 18, Filing 18. Source: Groundwater. Appropriation date: 05-31-73. Amount: 15 gpm, Conditional. Use: Household use only inside a single family dwelling not including irrigation. 14CW22 MARY LEE DUGAS, 2800 S Heather Gardens Way, Unit A, Aurora, CO 80014. 303-751-4025. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 07-17-01 in case 96CW746, WD1. Subsequent decree: 06-16-08 in case 07CW151, WD1. Dugas Well located NE1/4 NW1/4 S8 T10S R75W of the 6th PM at a point approximately 450 ft from N and 1650 ft. from W; Filing 2, Lot 9. Source: Groundwater. Appropriation date: 02-28-75. Amount: 0.033 cfs (15 gpm) Conditional. Use: Household use only inside a single family dwelling not including irrigation. 14CW23 PAUL J. (Jr.) and RITA K. SAUNDERS, 1 Purple Ash, Littleton, CO 80127. 303-972-4859. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 07-31-01 in case 96CW291 WD1; Subsequent decree: 06-18-08 in case 07CW153 WD1. Saunders Well located NW1/4 NW1/4 S13, T9S, R74W of the 6th PM at a point approximately 300 ft. from N and 1255 ft. from W; Filing 2, Lot 208. Source: Groundwater. Appropriation date: 06-30-77. Amount: 0.033 cfs (15 gpm), Conditional. Use: Domestic use to include household plus irrigate no more than 2000 sf of lawn and/or garden area. 14CW24 MICHAEL BREZDEN, 121 Tall Timber Rd., Kerrville, TX 78028. 830-257-2739. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 6-03-08 in case 07CW237, WD1. Brezden, Lot 38 Well 128313 located NE1/4, SE1/4, S33, T13S. R72W of the 6th PM at a point approximately 1900 ft. from S and 300 ft. from E. Source: Groundwater. Appropriation date: 10-18-82. Amount: 0.033 cfs (15gpm). Depth: 125 ft. Use: Household use only in a single family dwelling, not including irrigation. 14CW25 JACK E. SCHOOLEY TRUST, 1328 S. Jason St., Denver, CO 80223. 303-204-8324. NORTH FROK ASSOCIATES LLC, MOUNTAIN MUTUAL RESERVOIR COMPANY, PO BOX 27567, Denver, CO 80227. APPLICATION TO MAKE ABSOLUTE IN WHOLE OR IN PART IN PARK COUNTY. Date of original decree: 05-13-05 in case W-8480-77 in WD 1. Subsequent decree: 06-24-08 in case 06CW284 in WD 1. Schooley Well #1 located SW1/4 NE1/4, S17, T10S, R77W of the

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6th PM at a distance 2415 ft. from N and 1465 ft. from E. Source: Groundwater. Appropriation date: 05-13-05. Date water applied to beneficial: 06-24-08. Amount 0.54 af; 0.31 af for household use and 0.23 af for irrigation. 14CW26 KEITH C. KRACKE, 7446 Highway 144, Weldona, CO 80653. 970-539-4413. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN MORGAN COUNTY. Date of original decree: 06-10-08 in case 98CW225, WD 1. Huntington Slough located NE1/4, NW1/4, S32, T5N, R59W of the 6th PM as a point approximately 630 ft. from the N and 1580 ft. from the W. Source: Drain tiles and natural runoff tributary to the S. Platte river. Appropriation date: 10-07-97. Amount: 10 cfs. Use: Irrigation and flooding of low meadow to provide shallow pond for wildlife habitat. 14CW27 JUDY NEWTON, ELLEN GALE, 18016 CR 1, Berthoud, CO 80513. 970-532-3686. APPLICATION TO MAKE ABSOLUTE IN WHOLE OR IN PART IN WELD COUNTY. Date of original decree: 06-03-08 in case 95CW47 in WD 1. Newton/Gale Diversion located SW1/4, SW1/4, S31, T4N, R68W of the 6th PM at a point 190 ft. N and 363 ft. E. Source: Surface water from the Keller Gettman waste ditch. Appropriation date: 04-83. Amount: 72 gpm. Date water applied to beneficial use: 07-95. Use: Irrigation and stock watering. 14CW28 CONIFER RIDGE PROPERTIES, LLC, 1410 Garfield Court, Louisville, CO 80027. 303-763-0251 AND MOUNTAIN MUTUAL RESERVOIR COMPANY, PO Box 27567, Denver, CO 80227. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN JEFFERSON COUNTY. Date of original decree: 06-23-08 in case 07CW88, WD1. Conifer Ridge Well No. 1, located SE1/4, NW1/4, S14, T6S, R71W of the 6th PM at a point approximately 1790 ft. from N and 2330 ft. from W; Conifer Ridge Well No. 2 located SE1/4, NW1/4, S14, T6S, R71W of the 6th PM at a point approximately 2140 ft. from N and 2350 ft. from W; Conifer Ridge Well No. 3 located SE1/4, NW1/4, S14, T6S, R71W of the 6th PM at a point approximately 2370 ft. from N and 2140 ft. from W; Conifer Ridge Well No. 4 located SE1/4, NW1/4, S14, T6S, R71W of the 6th PM at a point approximately 1520 ft. from N and 2610 ft. from W; Conifer Ridge Well No. 5 located SW1/4, NE1/4, S14, T6S, R71W of the 6th PM at a point approximately 1760 ft. from N and 2340 ft. from E; Conifer Ridge Well No. 6 located SW1/4, NE1/4, S14, T6S, R71W of the 6th PM at a point approximately 2030 ft. from N and 2230 ft. from E; Conifer Ridge Well No. 7 located SE1/4, NW1/4, S14, T6S, R71W of the 6th PM at a point approximately 2190 ft. from N. and 2630 ft. from W; Conifer Ridge Well No. 8 located SE1/4, NW1/4, S14, T6S, R71W of the 6th PM at a point approximately 1860 ft. from N and 2580 ft. from W. Source: Groundwater. Appropriation date: 04-30-07. Amount: Total of 16 af. 11 Conditional. Use: Domestic, commercial, irrigation and fire protection. 14CW3056. Central Colorado Water Conservancy District (Central), 3209 West 28th Street, Greeley, Colorado 80634 c/o Lawrence Jones Custer Grasmick LLP 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO, 80534. APPLICATION TO MAKE ABSOLUTE AND FOR FINDING OF REASONABLE DILIGENCE in WELD COUNTY. 2. Conditional Water Right. 2.1. Name of Structure. Neeland B. Siebring Reservoir (Reservoir). 2.2. Decrees. Case Nos. 88CW127, 96CW113 and 13CW335, Water Division No. 1. 2.3. Legal Description of Reservoir. In the Northwest Quarter of the Northwest Quarter (NW1/4NW1/4), the South One-Half of the Northwest Quarter (S1/2NW1/4), the North One-half of the Southwest Quarter (N1/2SW1/4), the Northwest Quarter of the Southeast Quarter (NW1/4SE1/4), and the Southwest Quarter of the Northeast Quarter (SW1/4NE1/4), Section Thirty-one (31), Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado. 2.4. Legal Description of Diversion Point. The William R. Jones Ditch, the headgate of which is on the South side of the Cache La Poudre River in the Northeast Quarter of the Northwest Quarter of the Southwest Quarter, Section 36, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado. 2.5. Source of Water. Surface water tributary to the Cache La Poudre River. 2.6. Appropriation. December 18, 1987. 2.7. Amount. 1328.1 acre feet absolute for recreation, fish and wildlife purposes in the Reservoir and

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augmentation, replacement and exchange by storage and release from the Reservoir and 21.42 c.f.s., absolute. 669.2 acre feet of storage and 3.58 c.f.s., conditional. 1997.3 acre feet storage and 25 c.f.s total. 2.8. Uses. Recreation, fish, wildlife, augmentation, replacement and exchange. 3. Outline of What Has Been Done Toward Completion. 3.1. The diligence period is June 19, 2008 to June 30, 2014. 3.2. White Sands Water Engineers, Inc., reviewed the records for diversions through the Jones Ditch to the Reservoir for the diligence period, Exhibit 1. The maximum rate of diversion, 25 c.f.s. occurred on October 28, 1010. The maximum storage amount was 1,381.5 acre feet in 2011. Records are not yet available from the Division of Water Resources for 2013. 3.3. Applicant applied for an obtained a decree for alternate points of diversion and alternate points of storage for Applicant’s Poudre Reservoirs and Nissen Reservoir along with exchanges in Case No. 10CW139. The Reservoir has the most senior priority of the Poudre Reservoirs. Applicant expended approximately $153,000 in legal and engineering fees and costs to file the application and obtain the decree during the diligence period. 3.4. Applicant spent $404,400 for repair of measuring devices, shoreline repair, rehabilitation and flood repair, debris removal, tree removal and an eagle mitigation plan. 3.5. The Reservoir is part of the integrated system of water rights and supplies for the CCWCD augmentation plan decreed in Case No. 02CW335 (See ¶8.8 and ¶29 of the 02CW335 Decree). 4. Claim. Central seeks to make an additional 3.58 c.f.s. diverted at the Jones Ditch diversion point absolute for a total of 25.0 c.f.s absolute. No additional flow rate remains conditional. Central seeks to make the additional 53.4 acre feet of storage absolute for a total of 1,381.5 acre feet absolute and 615.8 acre feet of storage remaining conditional. If the 2013 records of the Division Engineer, when available, show storage in the Reservoir in excess of 1,381.5 acre feet Central seeks to make that amount absolute based on those records, with the remainder, if any, conditional without the need for republication. 14CW3067 DILIGENCE APPLICATION REJECTED; FILED EARLY. 14CW3068 Town of Wiggins, 304 Central Avenue, Wiggins, CO 80654, (970) 483-6161, through their attorneys: Petrock & Fendel, P.C., Frederick A. Fendel, III, Matthew S. Poznanovic, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, (303)-534-0702. APPLICATION FOR CHANGE OF WATER RIGHTS AND AMENDMENTS TO PLAN FOR AUGMENTATION AND EXCHANGE, IN WELD AND MORGAN COUNTIES. 2. Summary. 2.1 In Case No. 11CW131, the court approved a change of water rights for 6 shares of Weldon Valley Ditch Company stock, exchange, water rights for Wiggins’s new municipal wells, and a plan for augmentation for the new municipal wells, Town Wells Nos. 1 and 2. Wiggins now leases and will acquire the 6 shares pursuant to a lease/purchase agreement from William M. and Susan K. Kammerer. Pursuant to the same lease/purchase agreement, Wiggins now leases and will also acquire 4 Weldon Valley shares not included in Case No. 11CW131 (“4 Kammerer Shares”). 2.2 Wiggins has since acquired 17 additional Weldon Valley shares. 10.4 of the 17 shares were changed to new uses by Joe Hawkins in Case No. 04CW90. 6.6 shares were part of the historical use analysis in that case but were not changed. 2.3 Wiggins agreed in Case No. 11CW131 to limit or cease recharge at the Kammerer site under certain conditions. At such times, Wiggins’s Weldon Valley water will be delivered from the Weldon Valley Ditch at either the Hawkins augmentation station decreed in Case No. 11CW131 or at Pond A, described below. At Pond A, Wiggins may place its water into recharge, or may deliver the water directly to the South Platte River for augmentation or return flow credit. 2.4 Pursuant to an agreement with the Weldon Valley Ditch Company, after the recharge ponds at the Kammerer site are included in the Case No. 02CW377 decree, Wiggins will be entitled to 60% of the recharge credits resulting from water diverted into recharge ponds at the Kammerer site pursuant to the water right decreed in Case No. 02CW377. 2.5 By this application, Wiggins seeks to use water derived from 17 additional Weldon Valley shares to augment the Town Wells based on the shares’ historical use as determined in Case No. 04CW90; change the water rights associated with the 4 Kammerer shares; add water from the 17 Weldon Valley shares and 4 Kammerer Shares, including Weldon Valley recharge pursuant to Case No. 02CW377 based on its ownership of the additional 17 Weldon Valley Shares and its agreement with Weldon Valley Ditch Company described in Paragraph 2.4 to its existing augmentation

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plan decreed in Case No. 11CW131 as additional sources of augmentation, amend the existing augmentation plan to include terms agreed to in settlement of Case No. 11CW131 as described in Paragraph 2.3; and add water from the additional 17 Weldon Valley Shares, including Weldon Valley recharge pursuant to Case No. 02CW377 based on its ownership of the additional 17 Weldon Valley Shares and its agreement with Weldon Valley Ditch Company described in Paragraph 2.4, and water from the 4 Kammerer Shares as additional sources of substitute supply for Wiggins’s exchange decreed in Case No. 11CW131. 3. Water Rights to be Changed: Wiggins seeks to use 21 shares out of the 640 outstanding shares in the Weldon Valley Ditch Company, with stock certificate nos. 1256, 1302 and 1303. The rights to be changed are: 3.1 Original Decree: Case No. 433, entered November 21, 1895, Weld County District Court. 3.2 Point of diversion: the Weldon Valley Ditch, located in the SW1/4 NW1/4 SE1/4, Section 13, Township 4 North, Range 61 West of the 6th P.M., Weld County, Colorado. 3.3 Source: South Platte River. 3.4 Priority Date: October 26, 1881. 3.5 Use: Irrigation. 3.6 Amount: 165 cfs. 3.7 Historical use: 3.7.1 The 4 Kammerer Shares were used through 2003 together with 8 other shares on the “Kammerer/Groves farm,” located on 120 Acres in the SE1/4, Section 25, Township 5 North, Range 60 West, 6th P.M., Morgan County, Colorado. Beginning in 2004, the 4 Kammerer Shares were used together with 6 other shares to irrigate approximately 110 acres located in the NE1/4, Section 34 and the NW1/4 of Section 35, Township 5 North, Range 60 West, 6th P.M., Morgan County, Colorado (“Kammerer site”). 3.7.2 Historical use of 17 Weldon Valley shares previously owned by Joe Hawkins was determined in Case No. 04CW90. In Case No. 04CW90, 16 of the Hawkins’ 39.125 shares were changed based on a historical use analysis of all 39.125 shares then in common ownership. These 17 shares include both changed shares and shares for which historical use was quantified but which were not changed in that case. Wiggins claims a pro rata share of historical use determined in Case No. 04CW90 for each changed and unchanged share. Case No. 04CW90 determined the 17 shares historically irrigated a portion of 247 acres located in portions of sections 3, 7 and 8, Township 4 North, Range 60 West, and sections 34 and 35, Township 5 North, Range 60 West, 6th P.M., Morgan County, Colorado. 4. Proposed Change: 4.1 Change of use: In Case No. 04CW90, 10.4 of these Weldon Valley shares were changed to allow use for irrigation, augmentation, replacement, recharge, and exchange, with the right to totally consume the consumable portion (“Changed Shares”). Wiggins seeks to use these Changed Shares in its augmentation plan. The other 6.6 shares remain decreed for irrigation (“Unchanged Shares”). In this case, the uses of the Unchanged Shares and the 4 Kammerer Shares will be changed to allow augmentation of all municipal uses, including commercial, industrial, domestic, irrigation, stock watering, recreation, fish culture and propagation, fishing, wildlife, aesthetic, and fire protection, replacement and recharge with the right to totally consume the consumable portion of the water, either by first use, reuse, successive use or disposition. Wiggins claims no further change of water right is required to use the Changed Shares in its augmentation plan, though terms and conditions for use in the plan will be proposed. In the alternative, Wiggins seeks to change the Changed Shares for use in its augmentation plan as described. Water will be used directly, following storage, by exchange, including exchange pursuant to the exchange decreed in Case No. 11CW131, and augmentation by recharge of ground water for delayed credit, irrigation of the Kammerer site, and replacement of return flows from all of Wiggins’s Weldon Valley Ditch Company shares. 4.2 Changed places of use: 4.2.1 Kammerer site, described above. 4.2.2 Augmentation of use in the Town of Wiggins service area as it now exists and may exist in the future. The current service area is generally located in Sections 10, 11, 12, 14 and 15, Township 3 North, Range 60 West of the 6th P.M., Morgan County, Colorado. 4.3 The point of diversion will remain unchanged. Water will continue to be diverted from the South Platte River at the Weldon Valley Ditch headgate, and either (1) returned directly to the South Platte River to augment the uses described herein, (2) delivered to recharge in Pond A, as described in Case No. 04CW90, or (3) delivered to recharge ponds at the Kammerer site and allowed to percolate from the ponds into the underground aquifer for delayed augmentation credit pursuant to the amendment to the plan for augmentation requested below. Pond A is located in the SE1/4 SE1/4 of Section 7 and the W1/2 SW1/4 of Section 8, Township 4 North, Range 60 West of the 6th P.M., Morgan County Colorado. Recharge credit from Pond A will enter the South Platte River in or above the SW1/4, Section 8, Township 4 North, Range 60 West, 6th P.M., Morgan County.

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Two recharge ponds are currently located at the Kammerer site. Recharge credit from the Kammerer ponds will enter the South Platte River in the NW1/4 of Section 2, Township 4 North, Range 60 West of the 6th P.M., Morgan County. Direct returns will be made via Wiggins’ portion of the Hawkins augmentation station decreed in Case No. 11CW131 and located where the Weldon Valley Ditch crosses the West line of the W1/2 NE1/4 of Section 3, Township 4 North, Range 60 West of the 6th P.M., Morgan County, Colorado or via the headgate to Pond A located in the SE1/4, Section 7, Township 4 North, Range 60 West, 6th P.M., Morgan County. Direct deliveries at the Hawkins augmentation station will return to the South Platte River in the NE1/4 NE1/4 of Section 3, Township 4 North, Range 60 West of the 6th P.M., Morgan County, Colorado. Direct deliveries at the Pond A site will return to the South Platte River in the S1/2 SW1/4 of Section 8, Township 4 North, Range 60 West of the 6th P.M., Morgan County, Colorado. 4.4 Return flows from the changed water rights shall only be replaced at times when the calling water right is senior to the date of the application in 04CW90, April 12, 2004 (for 10.4 shares) or this application (for the remaining shares). AMENDMENT TO PLAN FOR AUGMENTATION. A plan for augmentation for Town Wells Nos. 1 and 2 was decreed in Case No. 11CW131. This amendment adds additional augmentation water, an additional recharge site, and an additional site for direct return from the Weldon Valley Ditch to the river as sources of augmentation to allow additional diversions under the plan for augmentation in Case No. 11CW131. 5. Structures to be augmented: Town Wells Nos. 1 and 2, decreed in Case No. 11CW131 5.1 Locations (See also attached Exhibit A): 5.1.1 Town Well No. 1 (Permit No. 75611-F, WDID 0110538) is located in the NE1/4, SE1/4 of Section 19, Township 4 North, Range 60 West of the 6th P.M., Morgan County, Colorado, at a point 1650 feet from the South line and 300 feet from the East line. 5.1.2 Town Well No. 2 (Permit No. 75612-F, WDID 0110539) is located in the NE1/4, SE1/4 of Section 19, Township 4 North, Range 60 West of the 6th P.M., Morgan County, Colorado, at a point 1690 feet from the South line and 300 feet from the East line. 5.2 Source: Groundwater tributary to the South Platte River. 5.3 Amounts: 850 gpm per well, not to exceed 590 acre-feet per year, combined (conditional) 5.4 Priority date: August 22, 2011. 5.5 Uses: The Town Wells Nos. 1 and 2 will be used for all municipal uses, including commercial, industrial, domestic, irrigation, augmentation, stock watering, recreation, fish culture and propagation, fishing, wildlife, aesthetic, and fire protection within the Town of Wiggins Service Area. Water pumped through the Town Wells Nos. 1 and 2 will also be delivered to storage tanks included in the Town of Wiggins water supply system. Some of the water pumped through the Town Wells Nos. 1 and 2 will be treated and a portion of the water will be returned to the South Platte River (“WTP Returns”) in the SE1/4 SE1/4 of Section 18, Township 4 North, Range 60 West, 6th P.M., Morgan County, Colorado, for use as augmentation water in the augmentation plan, as amended. 5.6 Depletions from the Town Wells Nos. 1 and 2 will accrue to the South Platte River in the SE1/4, Section 18, Township 4 North, Range 60 West, 6th P.M., Morgan County, Colorado. Subject to Paragraph 5.5, use of water from the Town Wells Nos. 1 and 2 will be considered 100% consumptive. 6. Statement of Amended Plan for Augmentation: 6.1 The Town Wells will be used for the uses described in Case No. 11CW131. This plan for augmentation will use Weldon Valley shares, WTP Returns, and Weldon Valley recharge pursuant to Case No. 02CW377 based on Wiggins’ ownership of the additional 17 Weldon Valley Shares and its agreement with Weldon Valley Ditch Company described in Paragraph 2.4 to replace any resulting out-of-priority depletions to the South Platte River, including out-of-priority post-pumping depletions to the extent necessary to prevent injury to other water rights. Out of priority depletions for each well shall be replaced at times when there is a call senior to the priority date for each respective well from a downstream water right. 6.2 The amount and timing of depletions will be calculated. Augmentation water will be diverted from the South Platte River at the headgate of the Weldon Valley Ditch Company and delivered to one or more water recharge ponds at the Kammerer site, to recharge at Pond A, or delivered back to the South Platte River. Water delivered to recharge will return back to the South Platte River over a delayed period of time. Water delivered to the South Platte River will be available immediately. Pumping will be limited so depletions do not exceed the available augmentation supply. 6.3 Augmentation water or credits accruing at times they are not needed will be exchanged to and re-diverted and recharged again at the Weldon Valley ditch, pursuant to the exchange decreed in Case No. 11CW131, and will thereafter be available for use in this plan. 6.4 The amended

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plan for augmentation will not cause any material injurious effect to the owner or user of any vested water rights or decreed conditional water rights. 7. Statement of Amendment of Exchange: 7.1 A conditional appropriative right of exchange was decreed in Case No. 11CW131. Sources of substitute supply contemplated by Wiggins in making its appropriation of the exchange included additional Weldon Valley Ditch Company shares. The decree provides Wiggins may file an application to include additional Weldon Valley Ditch Company shares as additional sources of substitute supply for the exchange decreed in Case No. 11CW131. This application requests the 21 Weldon Valley Ditch Company shares described in Paragraph 3 above, delivered to the South Platte River within the exchange reach described in Paragraph 11.2 of the decree either directly at the augmentation station or via Pond A, or following recharge at the Kammerer site or Pond A, recharge allocated to the 17 Weldon Valley shares under Case No. 02CW377, and recharge under Case No. 02CW377 allocated pursuant to Wiggins’ agreement with Weldon Valley Ditch Company described in Paragraph 2.4 be included as additional sources of substitute supply for the exchange decreed in Case No. 11CW131. 8. Description of Conditional Right of Exchange Decreed in Case No. 11CW131: 8.1 When water attributable to any of Wiggins’s augmentation sources is delivered directly or following recharge to the South Platte River in excess of replacement requirements and return flow obligations such water may be substituted for water diverted by exchange at the headgate of the Weldon Valley Ditch for delivery to the recharge ponds located at the Kammerer site. 8.2 Exchange Reach. The exchange operates from various specified “exchange from” points in the reach between where recharge accretions attributable to the Case No. 02CW377 decree return back to the South Platte River and the “exchange to” point at the headgate of the Weldon Valley Ditch, in the SE1/4 of Section 13, Township 4 North, Range 61 West of the 6th P.M., Weld County, for delivery to the recharge ponds at the Kammerer site. 8.3 Date of appropriation: August 22, 2011. 8.4 Amount: 3.0 c.f.s., conditional. The maximum combined rate of exchange from all “exchange from” locations shall not exceed 3.0 c.f.s. 8.5 Use. Irrigation of the Kammerer site, replacement of return flows from the 6 Weldon Valley Shares changed in Case No. 11CW131, exchange in the appropriative right of exchange decreed in Case No. 11CW131, and augmentation of all municipal uses, including commercial, industrial, domestic, irrigation, stock watering, recreation, fish culture and propagation, fishing, wildlife, aesthetic, and fire protection. Wiggins shall have the right to totally consume the consumable portion of the water. 9. Owners of land on which the headgates and structures are or will be located: 9.1 Weldon Valley Ditch: Weldon Valley Ditch Company, P.O. Box 626, Weldona, CO 80653. 9.2 Town Wells 1 & 2: Wiggins, 9.3 Kammerer Site Recharge Ponds: Wiggins 9.4 Pond A: Joe Hawkins, 22411 Dunreath Ave., Orchard, CO 80649. 9.5 The Hawkins Augmentation Station is owned by Wiggins and: Justin & Julie Hawkins, 22857 Washington Avenue , Orchard, CO 80649, United Water & Sanitation District, 8301 E. Prentice Ave., Suite 120, Greenwood Village, CO 80111. Central Colorado Water Conservancy District, 3209 W. 28th St., Greeley, CO 80644. 10. The following documents are filed with this application and are available from the Water Clerk, or from counsel for Wiggins: 10.1 Maps showing location of well sites and approximate location of historically irrigated acreage. 10.2 Summary of diversion records. 11. Remarks: By letter dated May 22, 2014, the Weldon Valley Ditch Company approved the requested change of the Weldon Valley shares involved in this case in accordance with the company bylaws. WHEREFORE, Wiggins prays that this Court enter a decree approving the changes of water rights, amendments to the plan for augmentation and exchange requested in this application, and finding that there will be no injury to owners and persons entitled to use water under any vested and conditional water rights, and for such other and further relief as may be warranted. (9 pages + 4 exhibits). 14CW3069 Marvin D. and E. Diane Kremer, Applicants, 810 S. 15th Ave., Brighton, CO 80601. Telephone: 303-253-2668. APPLICATION FOR CHANGE OF WATER RIGHTS AND CORRECTION OF CLERICAL MISTAKE IN ADAMS COUNTY. Attorneys for Applicants: Rutledge Law Office, Linda P. Bower, Sean D. Rutledge, 4412 W. Eisenhower Blvd., Loveland, CO, 80537, (970) 669-2864. [email protected] Marvin D. and E. Diane Kremer are the owners and operators of the two decreed tributary wells described herein on their property. These two wells are

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member wells in, and have been and will continue to be operated pursuant to the terms of the Augmentation Plan of the Ground Water Management Subdistrict of the Central Colorado Water Conservancy District, Case No. 02CW335. Regarding the Wagner Well No. 2, Applicant applies herein for a change in the decreed well location to reflect its physical location. Regarding the Lewis Well No. 3, Applicant applies herein for a correction in the location of its associated irrigated acreage and to clarify that the appropriation date remains as stated in W-6013. Decreed water right for which first change (Wagner Well No. 2) is sought: Name of First Structure: Wagner Well No. 2, WDID No. 0205085, Well Permit No. 17884X (Case No. W-3640 Water Division 1- June 4, 1973) Legal description of structure as described in most recent decree that adjudicated the location: Well No. 2- 17884 is located 2465 feet North and 1750 feet West of the SE Corner of Section 11, Township 1 South, Range 65 West of the 6th P.M., Adams County, Colorado. Decreed source of water: Groundwater. Appropriation Date: November 30, 1947 Total amount decreed to structure: Conditional .53 cfs (later abandoned) Absolute 2.57 cfs. Decreed use or uses: Well No. 1-13183 and Well No. 2-17884: Irrigation of approximately 140 acres in the NE1/4 of Section 11, T.1S., R. 65 West of the 6th P.M., Adams County, Colorado, together with 35 acres in the NW1/4 of Section 11, T. 1S., R. 65 W of the 6th P.M., Adams County, Colorado Amount of water that applicant intends to change: Absolute 2.57 cfs. Detailed description of first proposed change (for WAGNER WELL NO. 2): Applicant applies herein to correct the location of Wagner Well No. 2 to its actual current location as specified below and as depicted on the Map attached hereto as Exhibit A. The irrigated acreage remains as decreed in Case No. W-3640. Actual or new location of well: UTM coordinates Northing 4425920 Easting 532088E, Zone 13. Street Address: 30101 E. 152nd Ave., Brighton, CO. The above UTM coordinates convert to NE1/4 NE1/4 of Section 11, T. 1S, R. 65W of the 6th P.M. at point 1316 feet from the north section line and 676 feet from the east section line in Adams County. Decreed water right for which second change (LEWIS WELL NO. 3) is sought: Name of second structure: Lewis Well No. 3, WDID 0206980, Permit 17884T-R Date of original and all relevant subsequent decrees: July 15, 1976 Case No: W-6013 Water Court, Water Division 1; and April 7, 2005 97CW224 District Court, Water Division 1. Legal description of structure as described in most recent decree that adjudicated the location: The legal description for the Lewis Well #3 in Case No. 97CW224 is in the SW1/4 SE1/4, Section 11, T. 1S, R. 65 W. of the 6th PM at a point approximately 73 feet from the North Line and 2034 feet from the East section line, Weld County, Colorado. Decreed source of water: Groundwater. Appropriation Date: September 30, 1945 Total amount decreed to structure: Absolute: .444 cfs Decreed use or uses: W-6013 decreed that Lewis Well No. 3- 17884T, Lewis Well No. 4-17884U and Lewis Well No. 8-13181 were to irrigate 135 acres in the SW1/4 of Section 11, T. 1S, R. 65 W of the 6th P.M., Adams County ; 97CW224 decreed that water from the Lewis Well #3 was to be used to irrigate 135 acres in the SW1/4 SE1/4, Section 11, T.1S, R. 65 W of the 6th PM, Weld County, Colorado. Applicant believes that the location of irrigated acres in 97CW224 contains clerical errors and should have remained the same as the original decree’s description of 135 acres in the SW1/4 of Section 11, T. 1S., R. 65W of the 6th P.M., Adams County. Amount of water that applicant intends to change: Absolute .444 cfs ( Permit lists 200 gpm maximum pumping rate, 270 AF/ year average annual amount limitations) Detailed description of second proposed change (for LEWIS WELL NO. 3): Applicant applies herein to change the location of the acreage irrigated by Lewis Well No.3-17884T, to the original decreed location of 135 acres in the SW1/4 of Section 11, T. 1S, R. 65 W of the 6th P.M., Adams County as decreed in W-6013, and to clarify that the appropriation date remains as stated in the original Decree, W-6013, as September 30, 1945. In addition, or in the alternative, Applicant submits that the Judge, pursuant to § 37-92-304 (10) may correct these two clerical mistakes on his own initiative. Actual or new location of well: Location information: UTM coordinates Northing: 4424730, Easting: 531685, Zone 13, Street Address: 30101 E. 152nd Ave., Brighton, CO. The above UTM coordinates convert to the SW1/4 SE1/4 of Section 11, T. 1S, R. 65W of the 6th P.M. at a point 90 feet from the south section line and 2040 feet from the east section line in Adams County. The corrections applied for herein will not injuriously affect the owner of or persons entitled to use water under a vested water right or a decreed conditional water right. The Applicant is also the owner of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or

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will be constructed or upon which water is or will be stored, including any modification to the existing storage pool. Therefore, the requirement that applicant must notify such landowners that the applicant is applying for this water right has been satisfied. WHEREFORE, the Applicant requests this Court to enter a Decree granting the application herein and such other relief that it deems proper in this matter. (5 pages of application and Exhibit A Map) 2014CW3070 Marvin D. and E. Diane Kremer, 810 S. 15th Ave., Brighton, CO 80601. Telephone: 303-253-2668. APPLICATION FOR CORRECTION FOR ESTABLISHED BUT ERRONEOULSY DESCRIBED POINTS OF DIVERSION AND PETITION FOR CORRECTION OF CLERICAL MISTAKE PURSUANT TO § 37-92-305(3.6), C.R.S. IN THE SOUTH PLATTE RIVER OR ITS TRIBUTARIES IN ADAMS COUNTY Attorneys for Applicants: Rutledge Law Office, Linda P. Bower, Sean D. Rutledge, 4412 W. Eisenhower Blvd., Loveland, CO, 80537, (970) 669-2864. [email protected] Marvin D. and E. Diane Kremer are the owners and operators of the two decreed tributary wells described herein on their property. These two wells are member wells in, and have been and will continue to be operated pursuant to the terms of the Augmentation Plan of the Ground Water Management Subdistrict of the Central Colorado Water Conservancy District, Case No. 02CW335. Applicant applies herein for a correction to an established but erroneously described point of diversion under § 37-92-305 (3.6) for both the Lewis Well No. 3 and Lewis Well No. 5. Decreed water right for which first correction (LEWIS WELL NO. 3) is sought: Name of structure: Lewis Well No. 3, WDID 0206980, Permit 17884T-R. Date of original and all relevant subsequent decrees: July 15, 1976 Case No: W-6013 Court: Water Court, Water Division 1; and April 7, 2005 97CW224 District Court, Water Division 1. Legal description of structure as described in most recent decree that adjudicated the location: The legal description for the Lewis Well #3 in Case No. 97CW224 is in the SW1/4 SE1/4, Section 11, T. 1S, R. 65 W. of the 6th PM at a point approximately 73 feet from the North Line and 2034 feet from the East section line, Weld County, Colorado. Applicant believes that this location contains clerical mistakes pursuant to § 37-92-305 (3.6) (c) and that the word “South” should have been utilized instead of “North” Line and the County should have been “Adams” as used in the caption instead of “Weld”. Applicant notes that the valid well permit issued on May 21, 1997, prior to the Application in 97CW224 contains the correct location. Decreed source of water: Groundwater. Appropriation Date: September 30, 1945. Total amount decreed to structure: Absolute .444 cfs. Decreed use or uses: W-6013 decreed that Lewis Well No. 3- 17884T, Lewis Well No. 4-17884U and Lewis Well No. 8-13181 were to irrigate 135 acres in the SW1/4 of Section 11, T. 1S, R. 65 W of the 6th P.M., Adams County ; 97CW224 decreed that water from the Lewis Well #3 was to be used to irrigate 135 acres in the SW1/4 SE1/4, Section 11, T.1S, R. 65 W of the 6th PM, Weld County, Colorado. Amount of water that applicant intends to change: Absolute .444 cfs (Permit lists 200 gpm maximum pumping rate, 270 AF/ year average annual amount limitations) Detailed description of first proposed correction to an established but erroneously described point of diversion and correction of clerical mistake for Lewis Well No. 3: Applicant applies herein to correct the location of the Lewis Well No. 3, an established by erroneously described point of diversion under § 37-92-305 (3.6). Applicant believes that the Lewis Well No. 3 meets the criteria under § 37-92-305 (3.6) (a) in that the Applicant is the owner or user of the water right decreed in Case Nos. W-6013 and 97CW224, this well has been at the same physical location since the 97CW224 decree was issued, this well was relocated according to a valid well permit, Permit 17884T-R, this point of diversion is not currently located at the location specified in the decree, the well location is erroneously described in the decree, and the Applicant has diverted this groundwater at its current location with the intent to divert pursuant to the decree confirming the water right. See Affidavit attached as Exhibit A. The point of diversion for this well is already in place (See the Map attached as Exhibit B) and the water right for the Lewis Well No. 3 is diverted at its current location for which a correction is applied herein. In addition, or in the alternative, Applicant believes the Lewis Well No. 3 meets the criteria under § 37-92-305 (3.6) (c) and petitions herein for a correction in point of diversion for an established but erroneously described point of diversion that is due to a clerical mistake in the decree. The diverter first became aware of this mistake as a result of a meeting with a representative of the Division Engineer’s Office on May 20, 2014

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(See Affidavit attached). This petition is timely filed within three years after the Diverter became aware of the mistake. The legal description of the corrected point of diversion: Location information: UTM coordinates: Northing 4424730, Easting 531685, Zone 13. Street Address: 30101 E. 152nd Ave., Brighton, CO. The above UTM coordinates convert to the SW1/4 SE1/4 of Section 11, T. 1S, R. 65W of the 6th P.M. at a point 90 feet from the south section line and 2040 feet from the east section line in Adams County. Decreed water right for which second correction (LEWIS WELL NO. 5) is sought: Name of structure: Lewis Well No. 5, WDID 0206984, Permit No.17884V Date of original and all relevant subsequent decrees: July 15, 1976 Case No: W-6013 Court: Water Court for Water Division 1, State of Colorado. Legal description of structure as described in most recent decree that adjudicated the location: Lewis Well No. 5- 17884V is located in the SW1/4 of SE1/4 of Section 11, T. 1S, R. 65 W. of the 6th P.M., Adams County, Colorado, at a point 1310 feet North and 2417 feet West of the SE Corner of said Section 11. Decreed source of water: Groundwater. Appropriation Date: November 20, 1937. Total amount decreed to structure: Absolute 1.11 cfs. Decreed use or uses: Lewis Well No. 5-17884V and Lewis Well No. 9-16138 are used for irrigation of 135 acres in the SE1/4 of Section 11, T. 1 S., R. 65 W of the 6th P.M., Adams County, Colorado. Amount of water that applicant intends to change. Absolute 1.11 cfs. Detailed description of second proposed correction to an established but erroneously described point of diversion (LEWIS WELL NO. 5): Applicant applies herein to correct the location of the Lewis Well No. 5, an established by erroneously described point of diversion under § 37-92-305 (3.6). Applicant submits that the Lewis Well No. 5 meets the criteria under § 37-92-305 (3.6) (a) because the Applicant is the owner or user of the water right decreed in Case No. W-6013, this well has been at the same physical location since the decree confirming the water right and/or was relocated according to a valid well permit, Permit 17884V, this point of diversion is not currently located at the location specified in the decree, the well location is erroneously described in the decree, and the Applicant has diverted this groundwater at its current location with the intent to divert pursuant to the decree confirming the water right. See Affidavit attached as Exhibit A. The point of diversion for this well is already in place (See the Map attached as Exhibit B) and the water right for the Lewis Well No. 5 is diverted at its current location for which a correction is applied herein. Actual or new location of well: UTM coordinates: Northing 4425115, Easting 531656, Zone 13. Street Address: 30101 E. 152nd Ave., Brighton, CO. The above UTM coordinates convert to the NW1/4 SE1/4 of Section 11, T. 1S, R. 65W of the 6th P.M. at a point 1351 feet from the south section line and 2121 feet from the east section line in Adams County. The applicant is also the 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. Therefore, the requirement that the applicant must notify such landowners that the applicant is applying for this water right has been satisfied. WHEREFORE, the Applicant requests this Court to enter a Correction Decree granting the application herein and such other relief that it deems proper in this matter. (5 pages of application and Exhibit A Affidavit of Marvin Kremer and Exhibit B Map)

14CW3071 COMPLAINT, PLAINTIFF, RON RUFF V. DEFENDANTS, DICK WOLFE, in his official capacity as the COLORADO STATE ENGINEER; and DAVID NETTLES, in his official capacity as COLORADO STAE DIVISION 1 ENGINEER.

14CW3072 The Water Supply and Storage Company, c/o General Manager, P.O. Box 2017, 2319 East Mulberry Street, Fort Collins, CO 80522. Please send all future pleadings to: William R. Fischer, Donald E. Frick, Fischer, Brown, Bartlett & Gunn, P.C., 1319 East Prospect Road, Fort Collins, CO 80525, (970) 407-9000. Application for Finding of Reasonable Diligence in LARIMER COUNTY. 2. Name of Structure(s). Trap Lake II. 3. Describe conditional water right including the following information from previous decrees: 3.1. Date of Original and Subsequent Decrees: The original decree was entered on October 5, 1984, and following appeal to the Supreme Court of Colorado, an Amendment

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to the Decree was entered on April 19, 1988, Case No. 1982CW289, District Court, Water Division No. 1, State of Colorado. Subsequent decrees awarding findings of diligence were entered by the District Court, Water Division 1, State of Colorado in Case No. 2006CW009 (decree entered June 26, 2009) and in Case No. 1999CW088 (decree entered January 4, 2000). 3.2. Legal Description: To be located in the S1/2, Section 21, Township 7 North, Range 75 West, 6th P.M., Larimer County, Colorado. The northerly point of the main embankment will be located at a point from which the Northwest Corner of Section 27 bears S 66°30’ E 5457 feet; the northerly point of the Northeast embankment will be located at a point from whence the Northwest Corner of Section 27 bears S 42°18’20” E 3136 feet; and the northerly point beginning of the Southeast embankment will be located at a point whence the Northwest Corner of Section 27 bears S 69°41’35” E 2363 feet. A map illustrating the location of Trap Lake II is attached. 3.3. Source: Trap Creek, a tributary of the Cache La Poudre River and transbasin water from the Grand River Ditch by exchange. 3.4. Appropriation Date: July 16, 1982. 3.5. Amount: 3,800 acre feet, Conditional. 3.6. Uses: Agricultural, industrial, municipal, recreational and fisheries. 4. 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: 4.1. Trap Lake II was and is conceived and planned to be constructed and operated as a component part of a common plan and development with the other water supply facilities owned by Applicant. The land upon which Trap Lake II is to be constructed is part of the Arapaho-Roosevelt National Forests (ARNF) administered by the U.S. Department of Agriculture, Forest Service (FS). During the diligence period, Applicant has spent considerable time and money related to decisions made by federal agencies concerning the use of lands in the ARNF. Such activities have included, without limitation, the following: 4.1.1. Activities associated with a programmatic environmental impact statement relating to certain threatened or endangered species on the Platte River in Nebraska. As the result of the U.S. Fish & Wildlife Service (USFWS) assertions that water depletions associated with storage in the South Platte River basin, including Poudre River headwater reservoirs, cause jeopardy to certain species listed as endangered under the Endangered Species Act, the South Platte Water Related Activities Program, Inc. (SPWRAP) was formed. SPWRAP is a Colorado nonprofit corporation formed for the purpose of representing water users’ interests and partnering with the State of Colorado to implement the Platte River Recovery Implementation Program in Central Nebraska (PRRIP). SPWRAP serves as the vehicle by which Colorado water users may participate in PRRIP and obtain regulatory benefits provided by that Program. Applicant is a member of SPWRAP and Applicant’s General Manager serves on the SPWRAP Board of Directors. 4.1.2. In order to store transbasin water in Trap Lake II from the Grand River Ditch, the water must be delivered to and though Long Draw Reservoir and its Enlargement. Activities associated with the renewal of a land use authorization for the Long Draw Reservoir Enlargement, owned by Applicant, including without limitation: (a) participation in administrative and judicial proceedings concerning that facility, including participation as a party plaintiff before the Federal District Court for the District of Colorado in Civil Action No. 11-CV-02896-AP, The Water Supply and Storage Company v. United States Department of Agriculture, et al. and (b) work relating to environmental studies and reviews related to this structure. Applicant has spent at least $735,000.00 during the diligence period on legal and consulting fees relating to the land use authorization. 4.2. One of the sources of water for Trap Lake II is transbasin water from the Grand River Ditch. In May, 2003 the Grand River Ditch was damaged in a landslide, breached, and resulted in lawsuit against Applicant by the United States of America (USA) in the United States District Court for the District of Colorado, docketed as Civil Action No. 06-CV-01728. Considerable time, effort and money went into defending said lawsuit to ensure Applicant’s continued ability to divert water via the Grand River Ditch. A settlement agreement was reached between Applicant and the USA in 2008 wherein Applicant paid $6,000,000.00 to the USA in 2008 and $3,000,000.00 to the USA in 2010. Applicant sold certain assets to pay the full amount. Applicant has spent additional funds relating to the settlement with the USA and the repair of the Grand River Ditch, including the installation of a permanent 6 foot high by 11 foot wide box culvert. Costs, fees and expenses relating to the box culvert totaled around $525,000.00. 4.3. In order to store transbasin water in Trap Lake II from the Grand River Ditch, the water must be delivered to and though Long Draw

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Reservoir and its Enlargement, thence to the Cache la Poudre River and then exchanged up Trap Creek to Trap Lake II. In 2013, Applicant filed an application with the District Court, Water Division 1, docketed as Case No. 2013CW3159 to adjudicate an appropriative right of exchange for the exchange of water from the Grand River Ditch in Trap Lake II. The application is currently pending before the Division 1 Water Court. 4.4. Protection of the right-of-way of the Grand River Ditch as bills to designate Rocky Mountain National Park as a Wilderness Area were considered by members of the United States Congress including, without limitation, testimony in Washington D.C. by Applicant’s General Manager during a subcommittee meeting of the House of Representatives and a subcommittee meeting of the Senate. 4.5. Other activities have included: (1) the expenditure of over $88,000.00 for repair, maintenance, and capital improvements relating to the Grand River Ditch and/or Long Draw Reservoir; (2) work and professional services relating to the Trap Lake II exchange application; and (3) maintaining Poudre River water supply facilities. 4.6. Applicant reserves the right to assert and demonstrate that during the diligence period other or additional activities have been undertaken or accomplished toward completion of the appropriation. 5. Names(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool. A. Lands of the United States of America within the Arapahoe Roosevelt National Forest: United States of America, c/o United States Department of Agriculture, 201 14th Street, S.W., Washington, D.C. 20250. United States of America, c/o The United States Forest Service, 201 14th Street, S.W., Washington, D.C. 20250, United States of America, c/o United States Forest Service, Arapahoe and Roosevelt National Forest, 2150 Centre Avenue, Building E, Fort Collins, Colorado 80526-8119. WHEREFORE, Applicant respectfully requests the Court to enter a decree Finding that Applicant has proceeded with reasonable diligence toward the completion of the appropriations of water rights conditionally decreed for the storage of water in Trap Lake II and that the Court continue the conditional decree in full force and effect for an additional diligence period. 7 pages. 14CW3073 (98CW471)(06CW176) CENTENNIAL LIMITED LIABILITY CO. III, Tabor Center, 1200 – 17th Street, Suite 850, Denver, CO 80202 (303-572-6990). APPLICATION FOR FINDING OF REASONABLE DILIGENCE FOR A CONDITIONAL WATER RIGHT in DOUGLAS COUNTY. Please direct all correspondence or inquiries regarding this matter to the attorneys for the Applicant: Carolyn F. Burr, James M. Noble WELBORN SULLIVAN MECK & TOOLEY, P.C., 1125 –17th Street, Suite 2200, Denver, Colorado 80202 Telephone: (303) 830-2500. Introduction: Applicant owns approximately 2,395.57 acres of land in Douglas County, Colorado located in portion of Sections 16, 17, 20, 21, 22, 27, 28, 29 and 33, Township 8 South, Range 68 West of the 6th P.M. in Douglas County, Colorado (the “Property”). This is a diligence application for some of the water rights decreed for use on the Property: a direct flow right and multiple storage rights conditionally decreed in Case No. 98CW471 (the “Original Decree”). A finding of diligence was entered in Case No. 06CW176 on June 3, 2008. Following entry of the diligence decree in Case No. 06CW176, on Oct. 5, 2009, the Water Court entered a decree in Consolidated Case Nos. 00CW018, 00CW111 and 00CW129 (the “Change Decree”), which changed, in some aspects, the water rights that were originally decreed in 98CW471. The Original Decree: Adjudicated a 10 cfs conditional direct flow right for the West Plum Creek Diversion; and Adjudicated two storage structures, Pond #2B and Pond #13 totaling 800 acre feet per year; and Adjudicated additional conditional uses and sources of water for Ponds #1, #2A, #3A, #3, #4, #5, #6, #7, #8, #9, #10, #11 and #12, which were originally decreed in Case No. 97CW193; and Adjudicated conditional enlargement storage rights totally 300 acre feet per year in three ponds previously decreed in Case No. 97CW193, Pond #1, Pond #2A and Pond #4. With regard to the water rights that are the subject of this diligence application, the Change Decree: Allowed the conditional storage rights decreed in Case Nos. 97CW193 and 98CW471 to be stored anywhere on the Property in ponds of any configuration, size and location so long as the total amount stored does not exceed 1,922.8 acre feet. The portion of the storage rights that is the subject of this Application is the 300 acre feet enlargement right and the 800 acre feet conditional storage right decreed in the Original Decree, both with an appropriation date of Dec. 15,

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1998. Adjudicated an alternate point of diversion for the 10 cfs West Plum Creek Diversion direct flow right. These changes, which have been decreed by the Water Court since the last diligence decree was entered for the subject water rights in Case No. 06CW176, are reflected in this Application. 2. Name of Structures and Facilities Associated with the Conditional Water Right: A. West Plum Creek Diversion; B. West Plum Creek Alternate Diversion; C. Centennial Ponds. 3. Description of Conditional Water Rights: 3.1 West Plum Creek Diversion: A. Original Point of Diversion: West Plum Creek Diversion was originally decreed to be located in the NE1/4 NW1/4 of Section 23, and/or in the SE1/4 SW1/4 of Section 14, Township 8 South, Range 68 West of the 6th P.M., at a point approximately on the north section line and approximately 2250 east of the NW corner of said Section 23. B. Alternate Point of Diversion: In Consolidated Case Nos. 00CW18, 00CW111 and 00CW129, West Plum Creek Diversion was decreed an alternate point of diversion to be located at a point beginning at the east quarter corner of Section 27, Township 8 South, Range 68 West of the 6th P.M., thence South 89º11’41” East along the South line of the Plum Creek Estate Subdivision in Douglas County, Colorado, approximately 1450.0 feet to the center line of West Plum Creek. C. Date of Appropriation: December 15, 1998. D. Amount: 10 cfs (conditional). E. Source: West Plum Creek, tributary to the South Platte River. F. Uses: Irrigation, recreation, commercial, domestic, and augmentation, including reuse, on the Applicant’s Property consisting of approximately 2,395.57 acres of land in Douglas County, Colorado located in portion of Sections 16, 17, 20, 21, 22, 27, 28, 29 and 33, Township 8 South, Range 68 West of the 6th P.M. in Douglas County, Colorado; Denver Basin aquifer recharge, storage, and subsequent withdrawal through wells decreed and described in Case No. 97CW076, District Court, Water Division 1; storage in the Centennial Ponds, originally decreed in Case No. 97CW193 and 98CW471, as changed in Consolidated Case Nos. 00CW18, 00CW111 and 00CW129. Reuse is for irrigation, excluding domestic, and the subject right will be used to extinction to the extent possible. 3.2. Pond #2B and Pond #13 Storage Rights. A. Legal Descriptions. 1. Pond #2B was originally decreed to be located in the NE1/4 of Section 21 and the NW1/4 of Section 22, Township 8 South, Range 68 West of the 6th P.M. at a point approximately 1250 feet from the west and 300 feet from the north section line of said Section 21. 2. Pond #13 was originally decreed be located in the S1/2 of Section 28, Township 8 South, Range 68 West of the 6th P.M. at a point approximately 2440 feet from the east and 2590 feet from the south section line of said Section 28. 3. In Consolidated Case Nos. 00CW018, 00CW111 and 00CW129 all of the Centennial Ponds, including Pond #2B and Pond #13 were decreed to be located anywhere on the Property with no specific size or location; provided that the total storage volume of all Centennial Ponds shall not exceed 1,922.8 acre feet per year. B. Date of Appropriation: December 15, 1998. C. Amounts: 1. Pond #2B: originally decreed 410.0 acre feet and refill (conditional). 2. Pond #13: originally decreed 390 acre feet and refill (conditional). 3. The 800 acre feet of storage and refill decreed to Pond #2B and Pond #13 is subject to the total volumetric limitation of 1,922.8 acre feet per year for all Centennial Ponds decreed in Consolidated Case Nos. 00CW018, 00CW111 and 00CW129. D. Sources: 1. Jackson Creek, a tributary of West Plum Creek, through the Jackson Creek Highline Ditch, the Houston Ditch, the Upper Diversion, the Middle Diversion, and the Lower Diversion, all described in the decreed entered in Consolidated Case Nos. 00CW018, 00CW111, 00CW129; West Plum Creek, a tributary of the South Platte River, through the West Plum Creek Diversion and West Plum Creek Alternate Point of Diversion; and not nontributary Denver, Arapahoe and Laramie-Fox Hills aquifer groundwater as decreed in Case No. 97CW076, District Court, Water Division 1. The ponds will be located off channel and will be lined with impervious material. 2. To the extent that wastewater treatment plant return flows associated with the commercial and in-house use of not nontributary groundwater decreed in Case No. 97CW076 are used as a source of storage water, such water will only be stored in ponds to be designated by Centennial LLC at the time the ponds are constructed and water from those ponds will only be used for irrigation purposes. E. Uses: Irrigation, recreation, commercial, domestic, and augmentation, including reuse, on the Property. In addition, Denver Basin aquifer recharge, storage, and subsequent withdrawal through wells decreed and described in Case No. 97CW076, District Court,Water Division 1. Reuse is for irrigation, excluding domestic, and will be used to the extent possible. 3.3. Centennial Ponds: Additional Storage Amounts and Additional Uses: A. Amounts. 1. Pond #1 Enlargement: 52.0 acre feet per year

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(conditional); 2. Pond #2A Enlargement: 88.0 acre feet per year (conditional); 3. Pond #4 Enlargement: 160 acre feet per year (conditional); 4. The 300 acre feet of enlarged storage decreed to Pond #’s 1, 2A and 4 is subject to the total volumetric limitation of 1,922.8 acre feet per year for all Centennial Ponds decreed in Consolidated Case Nos. 00CW018, 00CW111 and 00CW129. B. Sources: Jackson Creek, a tributary of West Plum Creek, through the Jackson Creek Highline Ditch, the Houston Ditch, the Upper Diversion, the Middle Diversion, and the Lower Diversion, all described in the decreed entered in Consolidated Case Nos. 00CW018, 00CW111, 00CW129; West Plum Creek, a tributary of the South Platte River, through the West Plum Creek Diversion and West Plum Creek Alternate Point of Diversion; and not nontributary Denver, Arapahoe and Laramie-Fox Hills aquifer groundwater as decreed in Case No. 97CW076, District Court, Water Division 1. The ponds will be located off channel and will be lined with impervious material. C. Uses: Additional uses were decreed to all of the Centennial Ponds in Case No. 98CW471. The decreed uses are: irrigation, recreation, commercial, domestic and augmentation, including reuse, on the Property. In addition, Denver Basin aquifer recharge, storage and subsequent withdrawal through wells decreed and described in Case No. 97CW076, District Court, Water Division 1. Reuse is for irrigation, excluding domestic, and will be used to the extent possible. D. Date of Appropriation of additional storage amounts, sources and uses: December 15, 1998. 4. Evidence of Reasonable Diligence towards Completing Appropriation: Centennial LLC has expended time, money and effort over the diligence period towards development and beneficial use of the subject conditional water rights. The direct flow and water storage rights conditionally decreed in Case No. 98CW471 and continued in Case No. 06CW176 are part of an integrated system of water rights to supply water to the Property near Sedalia, Colorado. 4.1 Centennial LLC completed the adjudication of and was awarded a decree in Water Division 1 in Consolidated Case Nos. 2000CW18, 2000CW111, and 2000CW129 on October 5, 2009. As previously described in the introduction section of this Application, this decree directly affected the subject water rights. Centennial LLC also obtained a decree in Water Division in Case No. 11CW192 continuing the conditional water rights originally decreed in Case No. 97CW193. Centennial LLC reviewed the monthly Water Court Résumé for Water Division 1 to monitor and protect its water rights. Centennial LLC has expended approximately $55,000.00 in legal and engineering fees during the diligence period. 4.2. Centennial LLC has performed work including engineering, construction, and equipment installation for improvements to the ditches used to fill the Centennial Ponds, including purchase of flumes and repairs to Jackson Creek Highline and Houston Ditches. Centennial LLC expended approximately $17,000.00 for maintenance of existing structures and design of the integrated water system. 4.3 Centennial LLC worked with the Water Commissioner for District 8 to design, locate and install measuring flumes on the Jackson Creek Highline and Houston Ditches. 4.4. Centennial LLC has diligently monitored stream conditions and priority calls on the Jackson Creek and West Plum Creek to measure and document in-priority diversions and stream flows. 5. Names and Addresses of 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. The structures are located or to be located on land owned by Centennial LLC, except for the Alternate Point of Diversion for the West Plum Creek Diversion which is owned by Robert and Bonnie Snodgrass, 4880 Tall Horse Trail, Sedalia, CO, and is subject to an Easement Agreement dated August 25, 1999. WHEREFORE, Centennial LLC requests that the Court enter a decree finding that Centennial LLC has satisfied the statutory standard of steady application of effort to complete the appropriation in a reasonably expedient and efficient manner under all the facts and circumstances, that reasonable diligence was performed during the diligence period in development of the subject water rights, and that the remaining conditional portion of the water right should continue. 14CW3074 The Town of Windsor, State of Colorado (hereinafter the “Applicant” or “Town”), 301 Walnut Street, Windsor, Colorado 80550. Application for Water Storage Rights in LARIMER AND WELD COUNTIES. Please send future correspondence and pleadings to: Bradley C. Grasmick, Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Ste.1, Johnstown, CO 80534. 2.

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Name of Structure: Kyger Reservoir. 3. Legal Description: The Kyger Reservoir is located in SE1/4 of Section 13, T6N, R68W of 6th P.M. in Larimer County, Colorado (see Exhibit A). 4. Name and capacity of ditches or structures used to fill reservoir: 4.1 Greeley No. 2 Canal (aka New Cache Ditch); Rate of Diversion: 20 cfs 4.2 The Kyger Reservoir Pump Station; Rate of Diversion 20 cfs. 5. Legal description of points of diversion: Water will be diverted from the following locations: 5.1 The Greeley No. 2 Canal headgate located in the SE1/4 of the NE1/4 of Section 11, T6N, R68W of 6th P.M.; 5.2 The Kyger Reservoir Pump station at the north bank of the Cache la Poudre River located in the S1/2 of Section 13, T6N, R68W of 6th P.M. 6. Diversion Amount to Storage: 609.8 acre-feet, Absolute and 646.9 acre-feet, Conditional. The right to fill and refill the Reservoir when the same is in priority, Conditional. 7. Source: the Cache La Poudre River. 8. Date of Appropriation: July 8, 2013. 9. How appropriation was initiated: By the Town of Windsor entering into an agreement with River Bluff Ventures, LLC dated July 8, 2013 for purchase of Kyger Reservoir. Kyger Reservoir partially filled in September 2013. Diversions to fill the Reservoir have continued to be made by Windsor in priority from March 10, 2014 until May 30, 2014, when the Town of Windsor had a total of 609.8 acre-feet in storage. 10. Uses: Municipal uses, augmentation uses, agricultural uses, industrial uses, irrigation, fire suppression, dust suppression and emergency response. 11. Surface Area at High Water Line: 93.98 acres. 12. Total Capacity of Kyger Reservoir: 1,397.4 acre-feet. Active Capacity: 1256.7 acre-feet. Dead Storage: 0 acre-feet. In addition to the right to fill the Reservoir, Applicant claims the right to refill the Reservoir when the same is in priority. 13. Description of Project: The Kyger Reservoir is physically situated such that it can be filled by water delivered from the Cache la Poudre River directly, through the Greeley Canal No. 2 and/or from a pump station located near the Kyger Reservoir. Water so stored will be used for the beneficial uses listed herein and will be capable of being released or delivered through a ditch, pumps, or pipe for use directly from the Reservoir or to the Cache la Poudre River. Water stored in Kyger Reservoir may also be released to the Cache la Poudre River and diverted at the Greeley No. 2 Canal by exchange at a rate of 20 cfs for use either directly from or after storage in Kern Reservoir which is located in SW1/4 of the SE1/4 of Section 16, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado for the beneficial uses to be decreed herein. 14. Accounting and Reporting: Windsor will install such measuring device(s) as are reasonably required by the Water Commissioner and will provide reports and accountings to the State and Division Engineers on a monthly basis. Windsor will also account for the water stored in Kyger Reservoir based on a water year of November through October. 15. Names and Addresses of Owners of Land on Which Structures are Located: Applicant owns the lands upon which the Kyger Reservoir is located. The New Cache la Poudre Irrigating Company owns the Greeley No. 2 Canal, P.O. Box 104 Lucerne, CO 80646. Kern Reservoir and Ditch Company owns Kern Reservoir, 301 Walnut Street, Windsor, Colorado 80550. 4 pages, 1 exhibit.

14CW3075 ALLEN MITCHEK, P.O. Box 517, Sterling, Colorado 80751; 970 522-2713. Law Offices Gregory J. Cucarola, 19742 Road 46, Sterling, Colorado 80751, 970/526-2000. [email protected]. APPLICATION FOR WATER RIGHTS, CHANGE OF WATER RIGHT, CONFIRMATION OF LEGAL DESCRIPTION AND TO ADD WELL TO AUGMENTATION PLAN in LOGAN COUNTY. Names of and Permit for Structure. Mitchek Well 1-5860 (formerly Conklin Well 1-5860). Permit 5860-F. Legal Description: Location (according to Decree). Three (3) miles northeast of Sterling, Colorado; SW1/4 of the NE1/4, S15. T8N, R52 West, 6th P.M. Logan County Colorado. 2625 feet South of the North Section line and 2616 feet West of the East Section line. Uses of Water: Present, irrigation. Additional Information: Appropriation Date; July 31, 1964; Water Case W-3789. Amount decreed to structure; 4.62 cubic feet per second absolute (for irrigation use). A decree was entered on February 14, 1974 in case W-3789 for Well 1-5860, with an appropriation date of July 31, 1964 decreeing the use as irrigation of 160 acres in the NE1/4 of S15, T8N, R52 West of the 6th P.M., Logan County Colorado 80751. For administrative purposes the adjudication date is December 31, 1972. Proposed Change; Add to the existing use, feedlot, livestock watering, dust control, commercial, and industrial use, absolute. Amount Claimed: 4.62 cubic feet per second absolute for irrigation use. Applicant believes the augmentation plan in 2003CW94 properly augments all uses. CONFIRMATION OF LEGAL

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DESCRIPTION. Applicant wishes to correct discrepancies in the legal description of the above well. The Decree describes the location as: Well No. 1-5860 is sic [lcated] in the SW1/4 of NE1/4 of Section 15, Township 8 North, Range 52 West of the 6th P.M., Logan County Colorado at a point 2625 feet South and 2616 feet West of the NE corner of said Section 15. The Division 1 Water Rights Tabulation has the well located in the SW1/4 of the SW1/4 of the NE1/4 of Sec. 15. On information and belief, the State of Colorado incorrectly describes the location as: Logan County: NW1/4, SE1/4 S15, T8N, R52 West of the 6th P.M. 2650 feet from the North Section Line, 2600 feet from the East Section line. This is a 40-acre site. In reliance upon the Decree, Applicant will request judicial confirmation of the location as Decreed, unless the State of Colorado and Division Engineer prove it different. APPLICATION TO ADD WELL USES TO DECREED AUGMENTATION PLAN 2003CW94. Augmentation Plan: As a shareholder, Applicant is an owner of water rights in the Low Line Ditch Company which operates an augmentation plan (“Plan”) decreed in Case No. 2003 CW 94. Paragraph 21.6 of the Plan allows addition of wells to the plan subject to terms thereof.Applicant has discussed this matter with Low Line Ditch Company officials Kaiser and Schell prior to filing. Applicant has received no indication that the changes to the well described herein will not be covered under the Plan as decreed. The well described above and new uses are described in Table 1 below: Well Permit 5860-F is already decreed in the Plan, and this Application puts the new uses (Permits 5860-F into the Plan. The consumptive use factors will be 60% for flood irrigation, 80% for sprinkler irrigation and 100% for all other uses. Out of priority depletions from use of the Wells that occurred before or after the court decree adding the Wells to the Plan whether or not the depletions result from pumping will be replaced under the Plan. Table 1 shows the locations of the well described herein. The Well described in this Application is Well 12 on the attached “General Location Map” for the Plan.Table 1

Low Line Ditch Company Member Wells to be Added to Plan

Well location 2

Aquifer Parameters 1

Well No.

Name Permit Nos.

WDID Case No. Qtr/Qtr

Sec

Twn

Rge

W X Harm T

Lag to

Mitchek/ Conklin Well 1-5860

5860F

6405357

W-3789 and the new Uses in this Application

NW1/4 of the SE1/4

15 8 N 52 W

**

**

** **

1 Aquifer Parameters W = Width of aquifer on side of

river where well is located (ft) X = Distance from the river to the location of structure (ft) Harm T = Harmonic Transmissivity of the aquifer in the vicinity of structure (gpd/ft) S = 0.2 Lag to: R = River, PD = Pioneer Drain, PC = Pawnee Creek** Indicates that the aquifer parameter has already been defined, and is included in the Augmentation Plan, and/or its accounting procedures.

2 Figure 1 attached is a map showing the location of the Wells.

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Water Rights to be used for Augmentation. All water rights decreed in Case No 2003 CW 94. Names and Addresses of Owners of the Structures: The names and addresses of the owners is as stated herein. WHEREFORE, Applicant requests the Court enter a decree granting the change of water rights and other relief requested herein, finding that the changes will not materially injure other water users and to grant such further relief as required in these circumstances.

14CW3076 FOREST GLEN SPORTS ASSOCIATION, c/o Cheryl Kramp, 845 Forest Glen Trail, Florissant, CO 80816, phone no. 719.659.1084, e-mail [email protected]; Henry D. Worley, Worley Law Office LLC, 611 North Weber, Suite 104, Colorado Springs, CO 80903. Application for Conditional Rights of Exchange and for Approval of Plan for Augmentation. IN PARK, DOUGLAS AND TELLER COUNTIES. Name, address and telephone number of applicants: Forest Glen Sports Association, c/o Cheryl Kramp, 845 Forest Glen Trail, Florissant, CO 80816, phone no. 719.659.1084, e-mail [email protected]; North Fork Associates, Inc. and Mountain Mutual Reservoir Company, c/o William M. Blatchley, P.O. Box 27567, Denver, CO 80227; phone number 303-989-6932. I. APPROPRIATIVE RIGHTS OF EXCHANGE. 1. Co-applicant Forest Glen Sports Association Inc. (“Forest Glen”) claims two appropriative rights of exchange, described as follow: A. Exchange No. 1. Amount: 0.002 cfs. Location: From the Maddox Reservoir outlet in the NE1/4 SW1/4, Section 22, Township 7 South, Range 73 West down the North Fork of the South Platte River to its confluence with the South Platte River in the SE1/4, Section 25, Township 7 South, Range 70 West, which represents the downstream terminus of the exchange: thence up the South Platte River to the confluence with Twin Creek in the SE1/4 SE1/4, Section 30, Township 12 South, Range 71 West, 6th P.M., thence up Twin Creek to the confluence with Fish Creek in the NW1/4 NW1/4, Section 3, Township 13 South, Range 71 West, thence up Fish Creek to the general location of depletions in the NW1/4 NW1/4, Section 3, Township 13 South, Range 71 West, 6th P.M. Appropriation date: June 27, 2014, by the filing of this application in Water Division 1. B. Exchange No. 2. Amount: 0.002 cfs. Location: From the headgates of Lower Sacramento Creek Reservoir and the G3T Ditch on the Middle Fork of the South Platte River down the Middle Fork and the South Platte River, which represents the downstream terminus of the exchange at the confluence of the South Platte River and Twin Creek in the SE1/4 SE1/4, Section 30, Township 12 South, Range 71 West, 6th P.M., thence up Twin Creek to the confluence with Fish Creek in the NW1/4 NW1/4, Section 3, Township 13 South, Range 71 West, thence up Fish Creek to the general location of depletions in the NW1/4 NW1/4, Section 3, Township 13 South, Range 71 West, 6th P.M. Appropriation date: June 27, 2014, by the filing of this application in Water Division 1. II. CHANGE OF WATER RIGHTS 2. Applicants seek to change the water rights represented by 27 shares of stock in Mountain Mutual Reservoir Company, as more specifically described below, equaling a firm annual yield of 0.849 acre foot, from irrigation use to augmentation and exchange: A. Parmalee Ditch No. 1 (I) Date decree entered: May 22, 1913. (II) Civil Action 1678 (III) Court: Park County District Court (IV) Decreed Point of Diversion: Pursuant to a decree entered by the District Court for Water Division 1 in Case No. W-7434, on May 5, 1980, the point of diversion for the Parmalee Ditch No. 1 was transferred to the headgate of the Nickerson Ditch No. 2 as more particularly described below. (V) Source: Deer Creek (VI) Appropriation Date and Amount: May 1, 1867, for 0.52 cfs (VII) Decreed Use: Irrigation B. Carruthers Ditch No. 2: (I) Date decree entered: May 22, 1913 (II) Civil Action 1678 (III) Court: Park County District Court (IV) Decreed Point of Diversion: Pursuant to a decree entered by the District Court for Water Division 1 in Case No. W-7434, on May 5, 1980, the point of diversion for 0.28 of the 0.52 of a cubic foot per second of water decreed to the Carruthers Ditch No. 2 (i.e. the amount subject to transfer herein), was transferred to the headgate of the Nickerson Ditch No. 2 as more particularly described below. (V) Source: Deer Creek (VI) Appropriation Date and Amount: May 1, 1867, for 0.52 of a cubic foot per second. Note: only 0.28 of a cubic foot per second is the subject of the transfer request in Case No. 00CW174. (VII) Decreed Use: Irrigation C. Nickerson Ditch No. 2: (I) Date decree entered: May 22, 1913 (II) Civil Action 1678 (III) Court: Park County District Court (IV) Decreed Point of Diversion: A point on the North bank of Deer Creek at a point whence the SE corner of Section 4, T. 7 S., R. 72 W., 6th

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P.M., bears N. 58̊15' E. 2,320 feet. (V) Source: Deer Creek (VI) Appropriation Date and Amount: May 1, 1872, for 0.65 of a cubic foot per second. (VII) Decreed Use: Irrigation. Pursuant to the decree in Ditch Rights is 0.89 cfs. Diversions are limited to the May 1, 1867 priorities decreed to the Parmalee Ditch No. 1 and Carruthers Ditch No. 2. (III) Diversions to storage and/or assignment for in-stream augmentation credit are limited to the period April 23 through October 31 of each year, and are further limited to those times when water is physically and legally available for diversion at the historic Nickerson Ditch No. 2 headgate on Deer Creek. If the May 1, 1867 priority is not fully satisfied to the extent of 0.8 cfs, the diversion rate shall be the flow which is then physically and legally available. (IV) Maximum monthly diversions under the Nickerson Ditch Rights are limited as follows: April, 2.0 acre feet; May, 16.0 acre feet; June, 19.0 acre feet; July, 16.0 acre feet; August, 10.0 acre feet; September, 7.0 acre feet; and October, 4.0 acre feet. Maximum annual diversions are limited to 60 acre feet per year. During any consecutive ten-year period, total diversions are further limited to 486 acre feet. D. Guiraud 3T Ditch (I) Date decree entered: October 18, 1889 (II) Civil Action No. (no civil action no.; original adjudication) (III) Court: Park County District Court (IV) Decreed Point of Diversion: The headgate is located on the right bank of the Middle Fork of the South Platte River in the Northeast 1/4 of Section 8, Township 11 South, Range 76 West, 6th P.M., Park County, Colorado, at a point whence the Northeast corner of the Northeast 1/4 of said section bears North 63o35' East, 1,305 feet. (V) Source: Middle Fork of the South Platte River (VI) Appropriation Date and Amount: July 1, 1967, for 20 cfs for irrigation, of which North Fork Associates/Mountain Mutual Reservoir Company own 3.297 c.f.s. (VII) Decreed Use: Irrigation E. Maddox Reservoir. The Maddox Reservoir is located in the NE1/4 SW1/4 Section 22, T. 7 S., R. 73 W., 6th P.M. in Park County, Colorado. It was adjudicated on November 11, 1971 with an appropriation date of May 31, 1905. It is decreed for municipal purposes including irrigation, domestic, fish culture and recreation with a capacity of 54.9 acre-feet. It is filled by the Maddox Reservoir Feeder map showing the location of the subdivision is attached and labeled Exhibit “A”. Many of the homes are used only part-time for vacation uses, which has resulted in maximum metered use of water from the Forest Glen Well, permit 63637-F-R, of 2.6 acre feet annually from 2008 through 2013. The Forest Glen Well is frequently out-of-priority, necessitating that it be augmented. While doing so, Forest Glen determined to obtain sufficient augmentation water so that if additional homes are built and if occupancy patterns increase, the augmentation water would be sufficient to augment the indoor uses attributable to 8.0 acre feet of annual pumping. Forest Glen’s engineers have determined that 8.0 acre feet of annual pumping will be sufficient to satisfy the indoor residential needs of the subdivision under foreseeable future growth and occupancy patterns. Outdoor uses will continue to be prohibited. 4. Consumption by nonevaporative ISDS. All houses in Forest Glen are, and shall continue to be, required to utilize nonevaporative individual sewage disposal systems (“ISDS”), more commonly referred to as septic tanks and leach fields. It is generally agreed that water treatment of indoor residential uses using nonevaporative ISDS results in consumption of no more than 10 percent of the amount so used. Thus, based on maximum annual pumping of 8.0 acre feet, 0.8 acre foot is sufficient to replace all stream depletions. 5. Augmented Structures. The structure to be augmented is a decreed well, permit no. 63637-F-R, referred to herein as the Forest Glen Well, and up to three replacement/additional wells, which Forest Glen proposes to construct at any location within the subdivision on an “if and when needed” basis. The Forest Glen Well is described as follows: A. Date decree entered: December 1, 1975. B. Case No: W-2329 C. Court: Water Division 1, Colorado D. Location: SW1/4 NW1/4 Section 3, T. 13 S., R. 71 W., 6th P.M., Section 9, T. 8 S., R. 69 W., 6th P.M., 204 feet from the West section line and 1,723 feet from the North section line. Note: this is not the decree location of the original well, but instead is the location of the current replacement well, 63637-F-R. E. Source: fractured granite tributary to Fish Creek, Twin Creek, and South Platte River. F. Appropriation date and amount: June 5, 1970, 0.033 cfs for domestic use. 6. Additional wells. Applicant also claims the right to construct up to three additional tributary wells at any location within the Forest Glen subdivision. Such wells would be for the purpose of replacing the Forest Glen Well should it fail or its output decrease, or to increase the availability of water to the Forest Glen subdivision if increased demand occurs as a result of additional home construction or increased occupancy or both. 7. Determination and reporting of pumping/depletions. Forest Glen shall

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meter all pumping from the Forest Glen well(s) and report such metered pumping to MMRC on a monthly basis. One-tenth of the pumped water is considered to be consumed. MMRC will replace such depletions no less frequently than monthly, unless the Division Engineer approves the aggregation and replacement of depletions on a less frequent basis. MMRC will relay Forest Glen’s pumping records, as well as its replacement of depletions, to the Division Engineer no less frequently than annually, or as otherwise required by the Division Engineer. 8. Replacement of summertime depletions. Replacement of summertime depletions may be made from any of the following sources. A. Guiraud 3T Ditch. During the Guiraud 3T Ditch’s historical irrigation season, when it is in priority, MMRC may cause the augmentation water attributable to the historical consumption under MMRC’s interest in the Guiraud 3T Ditch to flow down the Middle For of the South Platte River and thence down the South Platte River to its confluence with Twin Creek, from whence it will be exchanged up Twin Creek and Fish Creek to the generalized location of depletions caused by pumping the Forest Glen well(s), as set forth above. B. Nickerson No. 2 Ditch/Parmalee Ditch No. 1/Carruthers Ditch No. 2. During these ditches’ historical irrigation season, when they are in priority, MMRC may cause the augmentation water attributable to the historical consumption under MMRC’s interest in the Nickerson No. 2 Ditch/Parmalee Ditch No. 1/Carruthers Ditch No. 2 Ditch to flow down the North Fork of the South Platte River to the South Platte River, from which point it will be exchanged up the South Platte River, Twin Creek and Fish Creek to the generalized location of depletions caused by pumping the Forest Glen well(s), as set forth above. C. Lower Sacramento Creek Reservoir / Maddox Reservoir. If the above sources are not available during their historical irrigation seasons for any reason, MMRC will release water from Lower Sacramento Creek Reservoir No. 1 and/or Maddox Reservoir to replace depletions. The exchanges described in paragraphs 1.A. (for Maddox Reservoir) and 1.B. (for Lower Sacramento Reservoir) will be used to replace depletions to Fish Creek caused by Forest Glen’s water use. 9. Replacement of wintertime depletions. MMRC will release water from Lower Sacramento Creek Reservoir No. 1 and/or Maddox Reservoir to replace depletions. The exchanges described in paragraphs 1.A. (for Maddox Reservoir) and 1.B. (for Lower Sacramento Reservoir) will be used to replace depletions to Fish Creek caused by Forest Glen’s water use. 10. Replacement of transit losses. Forest Glen has purchased 0.049 acre foot of fully consumable water to replace transit loss associated with the movement of augmentation water downstream to the lower terminus of each of the exchange rights sought herein. At the time of release of augmentation water from any of the structures enumerated above, MMRC shall also replace sufficient augmentation water to replace transit loss associated with the transport of that water from the location of its release to the lower termini of the two exchanges described above. 11. Accounting. Applicant shall prepare an accounting form acceptable to the Division Engineer, and shall complete and submit such reports annually during November of each year. 12. Names and addresses of owners of land upon which structures are or will be located: Applicants. 14CW3077 East Valley Metropolitan District, P. O. Box 3110, Parker, CO 80134. (c/o David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR NONTRIBUTARY UNDERGROUND WATER RIGHT IN THE DENVER BASIN, LARAMIE-FOX HILLS AQUIFER. IN ARAPAHOE COUNTY. 2. Background: A. Applicant provides municipal water service to a residential subdivision in Arapahoe County. Applicant seeks a decree adjudicating all of the non-tributary ground water in the Laramie-Fox Hills Aquifer of the Denver Basin underlying its boundaries. One well is proposed to be constructed into the Laramie-Fox Hills Aquifer. The depth of the well will be determined by surface topography and actual aquifer conditions. B. Description of Property Under which Nontributary Ground Water in the Laramie-Fox Hills Aquifer is being Claimed: The property consists of approximately 87 acres, more or less, in Arapahoe County, located in the W 1/2 of Section 19, Township 5 South, Range 66 West, 6th P.M., (referred to herein as the "subject property") A map showing the location of the subject property is attached as Exhibit "A." C. Parcel Ownership: Pursuant to a Resolution enacted by Applicant on August 31, 1985, as authorized by C.R.S. §37-90-137(8), Applicant has the exclusive right to withdraw water from the Laramie-Fox Hills Aquifer and is authorized to complete this appropriation. A copy of the Resolution is attached as Exhibit "B." 3.

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Source of Water: Laramie-Fox Hills Aquifer of the Denver Basin. 4. A. Date of Appropriation: Not applicable. B. Date Water Applied to Beneficial Use: Not applicable. 5. Estimated Rate of Withdrawal and Volume of Available Ground Water: Rate of Withdrawal: 150 gallons per minute. The actual pumping rate will be dependent upon aquifer conditions and production capabilities from the well to be constructed. Average Annual Amount of Available Ground Water: Applicant requests an absolute water right for all of the legally available ground water underlying the subject property. Based on an estimated saturated thickness of the Laramie-Fox Hills Aquifer at this location of 209 feet, and a specific yield of 15 percent, the total volume of water estimated to be available is 2,727.5 acre feet, or an annual average withdrawal of 27.3 acre feet over the 100 year life of the Aquifer as set forth in C.R.S. §37-90-137(4). Applicant requests that it be entitled to withdraw an amount of ground water in excess of the average amount decreed from the Laramie-Fox Hills Aquifer, so long as the sum of the total withdrawals from all wells it constructs in the Aquifer does not exceed the product of the number of years since the date of issuance of an original well permit or the date of entry of a decree herein, whichever comes first, multiplied by the average annual volume of water that Applicant is entitled to withdraw from under the subject property. Pursuant to . §37-92-305(11), the Court will be asked to retain jurisdiction over the decree for the purpose of making a final determination of the amount of water available from the Laramie-Fox Hills Aquifer based on the actual aquifer characteristics encountered upon drilling the well. 6. Proposed Uses: municipal, domestic, commercial, industrial, irrigation, augmentation, replacement, exchange and all other beneficial uses, including the right to use, reuse and successively use the water to extinction. 7. Well Field: Applicant requests that it be permitted to produce the legal entitlement from the Laramie-Fox Hills aquifer underlying the subject property through any combination of wells, whether deemed to be additional, replacement or any other type of well, and that all such wells be treated as a well field. 8. Name and Address of Owner of Land on which Well(s) will be Located: East Valley Metropolitan District, as described above. WHEREFORE, Applicant requests the entry of a decree approving this Application. (3 pages and two exhibits). 14CW3078 Kelli T. Ball Revocable Trust, 9141 Mountain Ranch Road, Conifer, Colorado 80433, North Fork Associates, LLC and Mountain Mutual Reservoir Company, P. O. Box 27567, Denver, Colorado 80227. (c/o David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR UNDERGROUND WATER RIGHT, APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT. IN JEFFERSON COUNTY. APPLICATION FOR UNDERGROUND WATER RIGHT: 1. Name of Well and Permit, Registration or Denial Number: Ball Well No. 1 (Permit No. 196797). 2. Legal Description of the Well: Ball Well No. 1 is located in the SE 1/4 SW1/4 of Section 5, Township 6 South, Range 71 West, 6th P.M., Jefferson County, at a point approximately 850 feet from the South Section line and 1,450 feet from the West Section line of said Section 5. 3.A. Source of Water: Ground water that is tributary to Maxwell Creek, Cub Creek, Bear Creek and the South Platte River. 3.B. Depth of Well: 500 feet. 4.A. Date of Appropriation: June 3, 1996. 4.B. How Appropriation was Initiated: Submittal of a well permit application to the Colorado Division of Water Resources, followed by the issuance of a well permit by the State Engineer. 4.C. Date Water Applied to Beneficial Use: June 16, 2000. 5. Amount Claimed: 3.5 gallons per minute, Absolute. 6. Uses: Ordinary household purposes inside a single family dwelling and fire protection purposes. 7. Name and Address of Owner of Land on which the Well is Located: Kelli T. Ball Revocable Trust, as described above. 8. Remarks: The Permit for the Ball Well No. 1 was originally issued pursuant to C.R.S. §37-92-602. A copy of the Permit is attached as Exhibit “A.” 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. 196797 be cancelled. APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT: 1. Name of Structure to be Augmented: Ball Well No. 1. 2. Water Rights to be Used for Augmentation Purposes. a. The Trustee of the Kelli T. Ball Revocable Trust (“Ball Trust”), has entered into a contract with North Fork Associates, LLC to purchase 3.5 shares of the capital stock of the Mountain Mutual Reservoir Company, ("MMRC"). The 3.5 shares represent the right to receive 0.109 of an acre foot of augmentation water per year from the

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water rights and storage facilities MMRC holds for the benefit of its shareholders, as more particularly described below. b. The water rights which MMRC owns for the benefit of its shareholders (hereinafter referred to as the "Bear Creek/Turkey Creek water rights"), are summarized as follows: i. Harriman Ditch. 7.71 shares of the 400 shares of capital stock (1.93%), issued and outstanding in the Harriman Ditch Company. Said Company owns direct flow water rights decreed to the Harriman Ditch. Pursuant to the Decree entered in Civil Action No. 6832, on February 4, 1884, the Ditch was awarded the following direct flow priorities:

Appropriation 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 an absolute water right in Case No. 2009CW92 (2001CW294), in an amount of 20 acre feet, and a conditional water right in Case No. 94CW290, in an amount of 30 acre feet, for augmentation, replacement, exchange and substitution purposes. The source is water tributary to North Turkey Creek. Harriman Ditch and Warrior Ditch direct flow water and water available to MMRC in the Soda Lakes Reservoirs are also stored in Meadowview Reservoir by exchange pursuant to the appropriative rights of substitution and exchange decreed in Case Nos. 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

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storage facilities was quantified in the Decree entered by the District Court for Water Division 1 in Case No. 2001CW293, dated July 16, 2003. The terms and conditions under which the Bear Creek/Turkey Creek water rights are used for augmentation and replacement purposes are set forth in the Decree in Case No. 2001CW293, and are deemed to be res judicata in future proceedings involving such rights, pursuant to Williams v. Midway Ranches, 938 P.2d 515 (Colo. 1997). Reference is made to the Decree in Case No. 2001CW293 for more detailed information. 3. Statement of Plan for Augmentation, Covering all Applicable Matters under C.R.S. §37-92-103(9), §302(1)(2) and §305(8): a. The Ball Trust is the record owner of a 14.6 acre parcel of property located in the SE1/4 SW1/4 of Section 5, Township 6 South, Range 71 West, 6th P.M., Jefferson County. One single family residence currently exists on the property. Wastewater from all in-building uses of water is treated utilizing a non-evaporative septic system with a soil absorption leach field. Return flows are to an unnamed tributary of Maxwell Creek. The property is depicted on the attached Exhibit "B." b. Use of water from the Ball Well No. 1 is currently limited to in-house purposes within a single-family residence. The Ball Trust desires to expand the use of water from the well to include irrigation, maintenance of a water feature and the watering of horses. 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 the per capita daily water usage will not exceed 80 gallons as an annual average. The augmentation plan will also cover the irrigation of 1,000 square feet of lawn grass, or equivalent gardens, the watering of 4 horses or equivalent domestic animals and a water feature. Gross irrigation requirements for lawn grass are no more than 1.25 acre-feet of water per irrigated acre at this location. Water requirements for horses, or similar domestic animals, are assumed to be 10 gallons per animal per day. The water feature requires no more than 1,320 gallons of water per year. Total water usage is not expected to exceed 0.5 of an acre foot per year. d. Depletions associated with water that is used inside the existing residence will be based on a ten percent (10%) consumption factor. Consumption of lawn grass at this location is 1.0 acre-foot per acre. All of the water supplied to horses and the water feature is assumed to be consumed. Maximum stream depletions are not anticipated to exceed 0.109 of an acre foot per year. The maximum instantaneous impact on the flow of water in Bear Creek and the above referenced tributaries will be approximately 0.07 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. Whenever possible, depletions to the stream system which occur during the period April through October, inclusive, will be continuously augmented by MMRC forgoing the diversion of a portion of its Warrior Ditch and/or Harriman Ditch direct flow water rights. During times when MMRC's direct flow water rights are not in priority and during the months of November through March, inclusive, depletions will primarily be augmented by periodically releasing water from the Soda Lakes Reservoirs. Water may also be released from Meadowview Reservoir. g. Since the point of depletion associated with water use under this augmentation plan is on a side tributary of Bear Creek and upstream of the Harriman Ditch headgate, the Ball Trust asserts 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 Bear Creek and Turkey Creek at Bear Creek Lake in Section 5, Township 5 South, Range 69 West, 6th P.M., Jefferson County; thence up Bear Creek to its confluence with Cub Creek, located in the SW1/4 NE1/4 of Section 10, Township 5 South, Range 71 West, 6th P.M.; thence up Cub Gulch to its confluence with Maxwell Creek in the NW1/4 NW1/4 of Section 32, Township 5 South, Range 71 West, 6th P.M.; thence up Maxwell Creek to its confluence with an unnamed tributary in the NE1/4 SE1/4 of Section 6, Township 6 South, Range 71 West, 6th P.M., and thence up the unnamed tributary to the point where depletions from the subject well impact the unnamed tributary in the SW1/4 SW1/4 of Section 5, Township 6 South, Range 71 West, 6th P.M. The exchange will operate to replace depletions to the flow of water in the unnamed tributary of Maxwell Creek, Maxwell Creek, Cub Creek, Bear Creek and the South Platte River as the depletions occur. The exchange will be administered with a priority date of June 30, 2014, at a maximum flow rate of 0.001 of a cubic foot per second. 4. Names and Address of Owners of Land on which New Structures will be Located: N/A. WHEREFORE, the Ball Trust requests the

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entry of a decree approving this Application, specifically determining that the source and location of delivery of augmentation water are sufficient to eliminate material injury to vested water rights. The Ball Trust also requests a determination that the Ball Well No. 1 can be operated without curtailment so long as out-of-priority stream depletions are replaced as proposed herein. The Ball Trust further requests the entry of an Order directing the State Engineer to issue a new permit for the Well. (7 pages and two exhibits). AMENDMENTS 11CW165 LORENZINI BROTHERS, 10222 Road Y, Weldona, CO 80653. 970-645-2485. AMENDED APPLICATION TO MAKE ABSOLUTE IN WHOLE OR IN PART IN MORGAN COUNTY. Date of original decree: 12-1-99 in case 99CW200, WD1. Location of 17SE Pond was incorrectly described in 99CW200 as the SE1/4, NE1/4, S20, T4N, R58W of the 6th PM at a point approximately 1920 ft. from the North section line and 700 ft. from the East section line. A change in location of 17SE Pond was decreed in case no. 13CW51. 17SE Pond is located in the NE1/4, SE1/4 of S17, T4N, R58W of the 6th PM approximately 3582 ft. from the N line and 942 ft. from the east line of said S17. Source: Spring water and runoff. Appropriation date: 12-1-99. Amount: 2 af. Use: Livestock watering. THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED.

YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of AUGUST 2014 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be filed as an Original and include $158.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.